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Been!There - speak your mind

What's Guest?

Guests can both play and add reviews.
But… the cool reviews you add will always stay anonymous.

As a registered user you will have a choice to show a review as yours or remain anonymous.

So, why not register?
It’s free..

Add me to your Beta user list

If you are a Been!There Beta user:
With your permission, we will recognize you on our site for any of your ideas which lead to a functional change.
Most active beta users will receive private builds and special recognition on the professional social network of their choice, such as LinkedIn.
We are considering to run promotions for our beta community – depending how active you are.
Perks aside, and simply put: you will have an opportunity to see how your ideas are brought to life in Been!There platform. To be able to tell your friends: “I suggested that feature!”

Been!There - Terms

1. Relationship with Been!There

  1. Your use of the Been!There website (the "Website") and any Been!There products, software, data feeds and services provided to you on or from or through the Website by Been!There (collectively the "Service") is subject to the terms of a legal agreement between you and Been!There. " Been!There" means BEENTHERE, LLC.
  2. The Terms form a legally binding agreement between you and Been!There in relation to your use of the Service. It is important that you take the time to read them carefully.
  3. The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on access through or contribute to the Service.

2. Accepting the Terms

  1. In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
  2. You can accept the Terms by simply using the Service. You understand and agree that Been!There will treat your use of the Service as acceptance of the Terms from that point onwards.
  3. You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Been!There, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
  4. You should print off or save a local copy of the Terms for your records.

3. Changes to the Terms

  1. Been!There reserves the right to make changes to the Terms, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms. Been!There will ensure that any Modified Terms and changes are posted publicly, for example by sending all users messages or by way of a public post on the Website.

4. Been!There Accounts

  1. In order to access some features of the Website or other elements of the Service, you will have to create a Been!There account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Been!There account password secure and confidential.
  2. You must notify Been!There immediately of any breach of security or unauthorized use of your Been!There account that you become aware of.
  3. You agree that you will be solely responsible (to Been!There, and to others) for all activity that occurs under your Been!There account.

5. General restrictions on Use

Been!There hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a material breach of these Terms on your part:

  1. You confirm that you are aged 13 or over.
  2. You agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without Been!There's prior written authorization, unless Been!There makes available the means for such distribution through functionality expressly offered by the Service;
  3. You agree not to alter or modify any part of the Website or any of the Service (and its related technologies);
  4. You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
    1. You agree not to use the Service for any of the following commercial uses unless you obtain Been!There's prior written approval:
    2. The sale of access to the Service
    3. The sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
    4. The sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from Been!There appears on the same page and is of sufficient value to be the basis for such sales
  5. Prohibited commercial uses shall not include (i) uploading an original audio file to Been!There, (ii) using the Service or the Website in order to promote a legitimate business or artistic enterprise; and (iii) any use that is expressly authorized by Been!There in writing;
  6. You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that interacts with Been!There (and InMotionHosting) servers in a given period of time more than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser
  7. You agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Been!There account names);
  8. You agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
  9. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Content; and
  10. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Been!There or the respective licensors of the Content.

6. Termination and Variation of Services

  1. Been!There is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Been!There provides may change from time to time without prior notice to you.
  2. As part of this continuing innovation, you acknowledge and agree that Been!There may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Been!There 's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Been!There when you stop using the Service.
  3. You agree that you are solely responsible for (and that Been!There has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Been!There may suffer) of any such breach.

7. Copyright Policy and Content

  1. As a Been!There account holder you may submit Content. You confirm by using the service that you understand that whether or not Content is published, Been!There does not guarantee any confidentiality with respect to Content.
  2. You retain all of your ownership rights for your Content, but you are required to grant limited license rights to Been!There and other users of the Service. These are described in section 8 (Rights You License).
  3. You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Been!There does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Been!There expressly disclaims any and all liability in connection with Content to the maximum extent permissible at statute and common law.
  4. You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Been!There to use your Content for the purposes of the provision of the Service by Been!There, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
  5. You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Been!There to use or possess in connection with the provision of the Service.
  6. You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Been!There the license referred to in section10 below.
  7. On becoming aware of any potential violation of these Terms, Been!There reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
  8. You agree that Content you submit to the Service may be removed from the all the views or developer APIs provided by the Service at Been!There’s sole discretion and without prior or post notice to you or any other party.
  9. You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Been!There with respect to any such Content to the maximum extent permissible at Statute and Common Law. Your sole remedy in relation to any Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you is to stop using the service.
  10. Been!There provides free and open access to our Service for non-commercial purposes. However, for uses of the Service over a certain rate or for certain types of commercial applications, Been!There reserves the right to charge fees for future use of or access to the Service.

8. Rights you license

  1. When you upload or post Content to Been!There, you grant:
    1. to Been!There, a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Been!There's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
    2. to Been!There, a license to permanently remove any or all of your Content from Been!There servers at Been!There’s sole discretion, without prior or post notice to you or any other party, and without any obligation to provide you with the backup copy of the content.
    3. to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.

9. Been!There content on the Website

  1. With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to Been!There, and is subject to copyright, trade mark rights, and other intellectual property rights of Been!There or Been!There's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Been!There or, where applicable, Been!There's licensors. Been!There and its licensors reserve all rights not expressly granted in and to their Content.

10. Links from Been!There

  1. The Service may include hyperlinks to other web sites, apps, services and data that are not owned or controlled by Been!There. Been!There has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
  2. You acknowledge and agree that Been!There is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
  3. You acknowledge and agree that Been!There is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
  4. Been!There encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

11. Exclusion of Warranties

  1. Nothing in the Terms shall affect any statutory or common law rights where applicable that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive. Been!There encourages you to familiarize yourself with such rights applicable in your jurisdiction.
  2. The Service is provided "as is" and Been!There makes no warranty or representation to you with respect to them.
  3. In particular Been!There does not represent or warrant to you that:
    1. your use of the Service will meet your requirements,
    2. your use of the Service will be uninterrupted, timely, secure or free from error,
    3. any information obtained by you as a result of your use of the Service will be accurate or reliable, and
    4. that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
  4. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.

12. Limitation of Liability

  1. Subject to the overall provision in section 11 above Been!There shall not be liable to you for:
  2. any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
  3. any loss or damage which may be incurred by you as a result of:
    1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
    2. any changes which Been!There may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
    3. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
    4. your failure to provide Been!There with accurate account information;
    5. your failure to keep your password or Been!There account details secure and confidential.
  4. The limitations on Been!There's liability to you in this section and section 13 above shall apply whether or not Been!There has been advised of or should have been aware of the possibility of any such losses arising.

13. General legal terms

  1. The Terms constitute the whole legal agreement between you and Been!There and govern your use of the Service and completely replace any prior agreements between you and Been!There in relation to the Service. All other terms of service that InMotionHosting, Inc. and any of its subsidiaries may have in place from time to time are expressly excluded from the Terms.
  2. You agree that Been!There may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
  3. You agree that if Been!There does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Been!There has the benefit of under any applicable law), this will not be taken to be a formal waiver of Been!There's rights and that those rights or remedies will still be available to Been!There.
  4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
  5. You acknowledge and agree that each member of the group of companies of which Been!There is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
  6. These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in King County, Washington, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
  7. If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Washington (excluding choice of law).

15. Copyright Infringement Notices

  1. Been!There respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  2. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Been!There will also terminate a user’s account if the user is determined to be a repeat infringer.
  3. Please file all requests at: 16103 270th Pl NE, Duvall, WA 98019. You can also e-mail any notices to feedback@been-there.us.

 

Terms     --     Privacy