Beebizy Terms & Conditions of Service
Last updated: July 29, 2021
The Beebizy Platform Connects Talent and ClientsBeebizy and its affiliates make available certain proprietary technology services, including, without limitation and subject to change, on-demand lead generation, scheduling and payment processing, that facilitate the marketing, sale and fulfillment of Jobs, as herein defined, for Users. The Beebizy Platform is a web-based communications platform, including a mobile application and other technology interface, which enables connections between Clients and Talent. “Clients” are individuals and/or businesses seeking to obtain short-term services (“Jobs”) from Talent and are therefore clients of Talent, and “Talent” are individuals and/or businessesseeking to perform Jobs for Clients. Clients and Talent together are hereinafter referred to as “Users” and any user of the Beebizy Platform may be referred to as “you.” If you agree on the terms of a Job with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
Background Checks and User Representations and Warranties
Limited Background Checks
User Representations and Warranties
Contract between Clients and Talent
Dispute Resolution Between Client and Talent
Billing, Payment and Cancellation; No Refunds
Disintermediation Policy and Fees
Contests and Promotional Codes
Public Areas; Acceptable Use
Updates and Upgrades
Apple App Store
Google Play Store
Termination and Suspension
Account, Password, Security, and Mobile Phone Use
User Generated Content
“User Generated Content” is defined as any information and materials you provide to Company, its corporate partners, or other Users in connection with your registration for and use of the Beebizy Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Beebizy is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Beebizy has no obligation to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Beebizy Platform at its sole discretion.
Beebizy or purport you to act as a representative or agent of Beebizy; and (i) will not create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers
The Beebizy Platform hosts User Generated Content relating to reviews and ratings of specific Users (“Feedback”). Such Feedback is the opinion of the User leaving such Feedback and not the opinion of Company, and has not been verified or approved by Company. Each Client should undertake their own research to be satisfied that a specific Talent is the right person for a Job. You agree that Company is not responsible or liable for any Feedback or other User Generated Content. Company encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Company is not obligated to investigate any remarks posted by Users for accuracy or reliability but may do so at its discretion
You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content, in any media now known or not currently known in order to perform and improve upon the Beebizy Platform.
Each User who provides to Company any videotape, film, recording, photograph, voice, or all related instrumental, musical, or other sound effects (collectively, “Media”), in exchange for the right to use the Beebizy Platform, hereby waives any and all moral rights in connection with such Media and irrevocably grants to Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:
Each User warrants and represents that they have the lawful authority to grant the rights set out above.
Each User hereby waives all rights and releases Beebizy and Affiliates from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, likeness or voice in connection with the Beebizy Platform.
Each User acknowledges that Beebizy shall not owe any financial or other remuneration for using the recordings provided hereunder by such User, either for initial or subsequent transmission or playback, and further acknowledges that Beebizy is not responsible for any expense or liability incurred as a result of such User’s recordings or participation in any recordings, including any loss of such recording data.
Links to Third-Party Websites
The Beebizy Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Company or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Beebizy Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Company does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Beebizy is not involved in the creation or development of third- party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Beebizy has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Beebizy Platform at its sole discretion.
The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Beebizy expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Beebizy Platform. You hereby agree to hold Beebizy harmless from any liability that may result from the use of links that may appear on the Beebizy Platform.
AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Company is not responsible for any SNS Content.
Worker Classification and Withholdings
AS SET FORTH IN SECTION 1, BEEBIZY DOES NOT PERFORM JOBS AND DOES NOT EMPLOY OR ENGAGE INParagraphIDUALS OR ENTITIES TO PERFORM JOBS. EACH CLIENT ASSUMES ALL LIABILITY FOR PROPER CLASSIFICATION OF SUCH CLIENT’S TALENT BASED ON APPLICABLE LAW AND LEGAL GUIDELINES. ALL CLIENTS INDEMNIFY AND HOLD BEEBIZY AND AFFILIATES HARMLESS, FROM ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, DEMANDS, DAMAGES, LOSSES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES THAT TALENT OR ASSISTANTS MAY INCUR OR BECOME ENTITLED TO, WHETHER UNDER CONTRACT, COMMON LAW, CIVIL LAW, STATUTE OR OTHERWISE, IN RESPECT OF JOBS OR SERVICE AGREEMENTS OR THE USE OF THE BEEBIZY PLATFORM, INCLUDING WITH RESPECT TO MISCLASSIFICATION OF TALENT AND ASSISTANTS AND THE TERMINATION OR CESSATION OF ANY JOBS, SERVICE AGREEMENTS, THIS AGREEMENT OR THE USE OF THE BEEBIZY PLATFORM (COLLECTIVELY, THE “TALENT CLAIMS”). FURTHER, ALL TALENT FULLY AND FINALLY RELEASE AND COVENANT NOT TO SUE BEEBIZY AND AFFILIATES, FROM ALL TALENT CLAIMS.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company. Each User acknowledges and agrees that Company does not, in any way, supervise, scope, direct, control or monitor a Talent’s work or Jobs performed in any manner. Company does not set a Talent’s work hours or location of work. Company will not provide any equipment, tools, labor or materials needed for any Job. Company does not provide any supervision to Users.
The Beebizy Platform is not an employment agency service or business and Beebizy is not an employer of any User. As such, Beebizy is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, Canada Pension Plan, social security, disability insurance or any other applicable federal, provincial or state withholdings in connection with a User’s use of the Beebizy Platform. Talent acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Jobs and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
This Section 12 in no way limits the generality of Section 17.
Qualification of Talent; Responsibilities of Talent and Client
Talent determine what categories they are qualified to work in and scope the Job directly with their Client. Talent are responsible for only agreeing to Jobs that they are qualified to perform. Talent has two (2) hours to accept or reject a Job requested by a Client. Beebizy does not oversee, monitor or direct how a Talent performs a Job, does not monitor Jobs or chat threads between Users, and does not otherwise oversee or assume responsibility for the actions of Users. Clients are advised to confirm with their Talent that their Talent is qualified to
perform the job prior to the job taking place. Beebizy is not liable for the acts or omissions of Users, nor does Beebizy provide insurance against any losses sustained by Users.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Beebizy Platform is owned by Beebizy and Affiliates, excluding User Generated Content, which Users hereby grant Beebizy and Affiliates a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Beebizy and Affiliates owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Beebizy Platform without Beebizy’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Beebizy and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of Beebizy and Affiliates, including without limitation the Beebizy character mark and Beebizy logos, are service marks owned by Beebizy. Any other trademarks, service marks, logos and/or trade names appearing via the Beebizy Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Copyright Complaints and Copyright Agent
If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Beebizy Platform infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512, by sending a properly formatted take-down notice in writing.
The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must contain the following:
If Beebizy takes action responsive to a valid infringement notice, it will make a good faith effort to contact its User via the email address provided, and a User may send a properly formatted and valid counter-notice to Beebizy’s designated Copyright Agent as noted below. Beebizy may send a copy of any such counter-notice to the original complaining party and reinstate the removed content within 10 business days, unless the copyright owner, complaining party, files an action seeking a court order against the User as required under the DMCA.
Conversely, if you are a User that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
Notifications of copyright infringement and counter-notifications may be submitted to:
Gaynor Law Group, PC
11620 Wilshire Blvd., 9th Fl
Los Angeles, CA 90025
With a copy e-mailed to firstname.lastname@example.org
Termination of Repeat Infringer Accounts. Beebizy respects the intellectual property of others and requests that our Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Beebizy will terminate a User’s access and use of the Beebizy Platform if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Beebizy or others. Beebizy may terminate access for users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
You shall return all originals and any copies of any and all materials containing Confidential Information to Beebizy upon termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of Beebizy’s trade secrets, confidential and proprietary information, and all other information and data of Beebizy that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Beebizy or Beebizy’s business, operations or properties, including information about Beebizy’s staff, Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
Disclaimer of Warranties
Use Of The Beebizy Platform Is Entirely At Your Own Risk
THE BEEBIZY PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BEEBIZY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE BEEBIZY PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE BEEBIZY PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BEEBIZY PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL
Beebizy does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Beebizy Platform or any hyperlinked website or featured in any banner or other advertising, and Beebizy will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Beebizy and Affiliates do not warrant that access to the Beebizy Platform will be uninterrupted or that the Beebizy Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Beebizy Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Job, service, information or materials provided through or inconnection with the use of the Beebizy Platform. Beebizy and Affiliates are not responsible for the conduct, whether online or offline, of any User. Beebizy and Affiliates do not warrant that the Beebizy Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Beebizy and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
Notwithstanding any feature a Client may use to expedite Beebizy selection, each Client is responsible for determining the Job and selecting their Talent and Beebizy does not warrant any goods or services purchased by a Client and does not recommend any particular Talent. Beebizy does not provide any warranties or guarantees regarding any Talent’s professional accreditation, registration or license
In addition, no individual or entity shall be a third party beneficiary of these terms. These terms are solely for the benefit of the parties to this Agreement and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby
You acknowledge and agree that Beebizy is only willing to provide the Beebizy Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Beebizy and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Beebizy Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Beebizy and Affiliates and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL BEEBIZY AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY BEEBIZY, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE BEEBIZY PLATFORM OR THE JOB SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
BEEBIZY AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS BEEBIZY PLATFORM. BEEBIZY AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE BEEBIZY PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT BEEBIZY AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages, so certain aspects of the limitations above may not apply to you.
THE BEEBIZY PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. BECAUSE BEEBIZY IS NOT A PARTY TO OR OTHERWISE INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OF THE JOB, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE BEEBIZY AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY), EXPENSES, LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. BEEBIZY IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR CLAIMS THAT OCCUR PURSUANT TO TALENT COMPLETING A JOB FOR A CLIENT.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You hereby agree to indemnify, defend, and hold harmless Beebizy and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Beebizy Platform or perform Jobs, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party; (iv) Talent’s performance of a Job on behalf of a Client; and (v) any content submitted by you or using your account to the Beebizy Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Beebizy reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. Notwithstanding any provision to the contrary, you will not settle any claim or matter for which you are providing indemnification without the prior written consent of Beebizy.
Dispute Resolution – Informal Negotiations; Arbitration Agreement; Class Action Waiver; Waiver of Trial by Jury (U.S. Users)
Beebizy encourages resolution of disputes between Beebizy and a User to be resolved informally pursuant to informal negotiations as outlined below, but understands that is not always practical. In the event that disputes between Beebizy and a User cannot be resolved via informal negotiations as outlined below, Users agree that arbitration will be the exclusive forum and remedy at law for any disputes concerning this Agreement and/or the Beebizy Platform except as otherwise specifically provided in Paragraph (n) of this Arbitration Agreement.
USERS RESIDING IN THE UNITED STATES: PLEASE READ THIS SECTION CAREFULLY — IT IS PART OF YOUR CONTRACT WITH BEEBIZY AND AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND BEEBIZY CAN BRING CLAIMS AGAINST EACH OTHER. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A WAIVER OF TRIAL BY JURY.
THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND BEEBIZY TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INParagraphIDUAL BASIS.
SECTION 19 DOES NOT APPLY TO USERS RESIDING IN CANADA, AND USERS RESIDING IN CANADA AND BEEBIZY AGREE THAT SECTION 20 SHALL APPLY INSTEAD
Applicability of Arbitration Agreement. Any dispute, controversy, or claim, whether at law or equity, arising out of or relating in any way to these Terms, the Agreement and/or use of the Beebizy Platform that cannot be resolved informally, including the breach, termination, enforcement, interpretation, or validity of these Terms or the Agreement and the determination of the scope or applicability of this Arbitration Agreement, shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Beebizy, and to any of your or Beebizy’s subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Beebizy Platform provided under these Terms.
Notice Requirement and Informal Dispute Resolution. To expedite resolution and reduce the cost of any dispute, controversy or claim between you and Beebizy, you and Beebizy agree to first attempt to negotiate any such claim informally and in good faith for at least thirty (30) days before initiating any arbitration. This pre-arbitration negotiation shall be initiated by providing written notice to the other party—including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the claim, and the relief requested (the “Claim Notice”). You must send such Claim Notice to Beebizy, Inc., 5950 Canoga Ave, Woodland Hills, CA 91367 Attention: Legal. If necessary to preserve a Claim under any applicable statute of limitations, you or Beebizy may initiate arbitration while engaging in the informal negotiations.
During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties.
After a good faith effort to negotiate informally for a period of thirty (30) days after Beebizy’s receipt of the Claim Notice, if you or Beebizy believe a claim cannot be resolved informally, either party may begin an arbitration proceeding.
Arbitration Rules. Arbitration shall be administered by JAMS (“JAMS”) and held before a sole arbitrator. The arbitration shall be binding with no right of appeal. The arbitration shall be conducted pursuant to the applicable JAMS’ Arbitration Rules. The arbitration shall be commenced by filing a demand for arbitration with the administrator of JAMS and serving the demand on the responding party. Upon receipt of the demand for arbitration, JAMS will send a “Commencement Letter” acknowledging receipt of the demand. The responding party may file a response and/or a counter-claim within thirty (30) calendar days after receipt of the demand. If no response is filed, all allegations of the demand shall be deemed denied. The parties shall select an arbitrator by mutual agreement through JAMS within sixty (60) calendar days after the date the demand for arbitration was filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of shall provide a list of not less than 10 potential arbitrators with substantial experience in the field that is the subject of the demand. The parties shall each have the right to strike three of the arbitrators and shall otherwise rank the remaining ones in order of preference. The arbitrator that has the combined highest score and has not been stricken by either side shall be selected. The parties to this Arbitration Agreement further agree to abide by any award rendered by the arbitrator. Judgment on the award rendered by the arbitrator may otherwise be entered in any court having jurisdiction thereof. To begin an arbitration proceeding, you must serve Beebizy’s registered agent for service of process: Registered Agent Solutions, Inc., 1220 S STREET, SUITE 150, SACRAMENTO, CA 95811. Arbitration will take place in Los Angeles, California; provided, however, that the arbitrator may cause the arbitration to take place (a) in another location agreed to by both parties, or (b) in another location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
Additional Rules for Non-appearance Based Arbitration. To the extent permitted by the applicable JAMS Arbitration Rules, if non-appearance arbitration is elected by both parties, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration, and the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties or required by the applicable JAMS Arbitration Rules.
Time Limits. If you or Beebizy pursue arbitration, the arbitration action must be initiated and/or demanded within the applicable statute of limitations (i.e., the legal deadline for filing a claim).
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Beebizy. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the applicable JAMS Arbitration Rules, and this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Beebizy.
(g) Waiver of Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and are subject to very limited review by a court.
(h) Waiver of Class or Consolidated Actions. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ALL CLAIMS AND DISPUTES ARISING OUT OF OR OTHERWISE RELATED TO THESE TERMS AND CONDITIONS MUST BE ARBITRATED OR LITIGATED ON AN INParagraphIDUAL BASIS AND NOT ON A CLASS BASIS. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, CLASS, MASS, CONSOLIDATED, COMBINED, OR REPRESENTATIVE ACTIONS, ARBITRATIONS, OR PROCEEDINGS ARE NOT PERMITTED. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by applicable law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under applicable law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Arbitration Agreement shall continue in full force and effect.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Beebizy
(m) Claims Not Subject To Arbitration. Notwithstanding the anything to the contrary, nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. However, you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.
(n) Courts. In the event any litigation should arise between you and Beebizy in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, or in any circumstances where this Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit for such purpose to venue in and the personal jurisdiction of the courts located within Los Angeles County, California.
(o) Right to Opt Out of Arbitration Agreement.
If you are a Talent, you may opt out of the Arbitration Agreement by notifying Company in writing within thirty (30) days of your agreement to these Terms of Service. To opt out, you must send a written notification to Company at Beebizy, Inc., 5950 Canoga Ave, Woodland Hills, CA 91367 Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions
Dispute Resolution – Arbitration & Class Action Waiver (Canadian Users)
USERS RESIDING IN CANADA: PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND BEEBIZY CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU AND BEEBIZY TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INParagraphIDUAL BASIS.
SECTION 20 DOES NOT APPLY TO USERS RESIDING IN THE UNITED STATES, AND USERS RESIDING IN THE UNITED STATES AND BEEBIZY AGREE THAT SECTION 19 SHALL APPLY INSTEAD
The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the province or territory in which you reside. Except where prohibited by law, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity,existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon an arbitrator within 14 days, unless otherwise agreed by the parties in writing,the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator. For greater certainty, neither Talent nor Clients shall commence or participate in a class proceeding or other aggregate action in respect of any Dispute, except and to the extent that provincial consumer protection legislation expressly preserves such an entitlement in the context of the particular Dispute.
The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial.
All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought, however it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts
A party to these Terms may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.
USERS RESIDING IN THE UNITED STATES: Except as provided in Section 19 or expressly provided otherwise, this Agreement and your use of the Beebizy Platform will be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles; provided, however, that any Claims made by any Talent located within the United States will be governed by the laws of the state in which such Talent resides.
USERS RESIDING IN CANADA: Except as provided in Section 20 or expressly provided otherwise, this Agreement and your use of the Beebizy Platform will be governed by, and will be construed under, the laws of the Province of Ontario, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Ontario law to interpret this Agreement and is not intended to create any substantive right to non-residents of Ontario to assert claims under Ontario law whether by statute, common law, or otherwise.
No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this Section 23 shall be null and void. This Agreement will inure to the benefit of Company, its successors and assigns.
Talent alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Jobs. Indeed, certain types of Jobs and services may be prohibited altogether, and it is the responsibility of Talent to avoid such prohibited Jobs and services. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Jobs and services on the platform, you can and should first seek separate legal guidance.
Because Beebizy does not oversee, monitor or supervise the posting, scoping or performance of Jobs, Clients must determine for themselves whether a Talent is qualified to perform the specific Job at hand. Clients may wish to consult their state/provincial/territorial or local requirements to determine whether certain Jobs are required to be performed by a licensed professional.
As provided below, Talent expressly, exclusively, and irrevocably grants Beebizy the right to use Talent’s name, photograph, picture, appearance, or likeness, including video and other recordings of Talent’s appearance, along with the right to use Talent’s voice, Talent’s signature, personal or professional background and experience, reputation, quotations and endorsements, or paraphrases of Talent’s quotations and endorsements, or any other personal identification or identifying characteristics, however, obtained, including tough-ups, simulations or compositions of any of the above whether generated by a computer or by any other means, for the period of time and for the purposes set forth in this Agreement. Collectively, Talent’s personal identifying characteristics, set forth in this paragraph, will be referred to as Talent’s “Name and Appearance” and the rights talent grants to Beebizy to use Talent’s Name an Appearance will be referred to as the “Right of Publicity” or the “Rights to Publicize.”
By joining Beebizy as either Talent or a Client and submitting User Generated Content (“UGC”) to the Beebizy Platform, Users grant Beebizy a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your UGC for the customary and intended purpose of the Beebizy Platform and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the UGC. These purposes may include, but are not limited to, providing you or third parties with the Beebizy Platform or its associated services, improving the Beebizy Platform and its associated services, archiving or making backups of the Beebizy Platform, and for promotional purposes. Users agree to waive all moral rights in and to your UGC across the world, whether you have or have not asserted moral rights in or to your UGC. By submitting UGC to the Beebizy Platform, you further agree to waive all rights of publicity or privacy with respect to the UGC submitted.
Changes to this Agreement and the Beebizy Platform
No Rights of Third Parties
None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.
Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service
If you have any questions about these Terms or about the Beebizy Platform, please contact us by email at https://support.Beebizy.com or by mail to 5950 Canoga Ave., Woodland Hills, CA 91367
To contact Beebizy with technical support questions, please email hello@Beebizy.com.
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