The following General Term and Conditions governs your use of the BeRuby.com web site, including the creation and maintenance of an Account ("Account"). These General Term and Conditions apply whether you are a Visitor (meaning you are simply browsing the site) or an Account holder. The BeRuby.com service is free, but you must accept these General Term and Conditions to use the web site and create an Account. By using the web site, you acknowledge that you have read and understood these General Term and Conditions and that you agree to be bound by all of their terms.
GENERAL TERMS AND CONDITIONS
The present General Terms and Conditions will be applicable to the relationships between Beruby Internet SL (“BERUBY”) and the user registered in the service offered through www.beruby.com (“the User”) from the moment of his agreement on.
The General Terms and Conditions may be modified by BERUBY, totally or partially, from time to time and will be applicable from the moment they are published. Accordingly, we urge you to review these Terms regularly, and if you do not agree to the terms or any revisions thereto, please exit the web site immediately. The User at BERUBY accepts this implementation.
BERUBY is a service that provides the User with a global starting point for surfing the Internet from the most used web pages and that may be modified by the User (the “Service”). The User at BERUBY will have the right to be economically rewarded, as determined, for using BERUBY and for recommending its use to others.
You must register as User of BERUBY to enjoy its service. During the registration process BERUBY will request specific personal data, such as, e-mail address, telephone, name, and others regarding your personal preferences. These data will be included in your User “profile”. The User may at all times decide whether the e-mail address in his profile is conveyed to other BERUBY Users with the objective of identifying them as part of his own network. Likewise, the User may decide what information should be included in his profile and what information therein may be shared with other BERUBY Users.
BERUBY forewarns that the information disclosed with the User’s consent, may be read by other Users and that these may use said information for purposes over which BERUBY has no control and, consequently, will not be held responsible. BERUBY petitions Users to limit the flow of identifiable personal information with the aim of avoiding its inadequate use. BERUBY may unsubscribe from its service Users who do not respect the intimacy of other Users or who make an unlawful use of the data conveyed.
The data appertaining to BERUBY Users are protected through passwords chosen by them. The User is responsible for the custody of his passwords. Internet cannot offer absolute security; however, BERUBY adopts technical and organizational measures conducive to reducing the risks. BERUBY is exempt from responsibility to BERUBY Users for the disclosure of their personal data to third parties when it is not owed to reasons directly attributable to BERUBY nor for the use that any third party may give to these data
Tracking and BERUBY
Each time a BERUBY User signs in BERUBY will receive information on the web sites visited with the aim of providing the Service. Said information will not be shared as individualized information with others although attached information regarding the global behaviour of different Users may be made accessible to third parties.
The User at BERUBY has a right to payment for surfing the net from BERUBY. Likewise, the user at BERUBY has the right to be financially rewarded for the use of BERUBY by third parties when these form part of his network (and they have actively accepted the User’s role as “godfather” during registration).
BERUBY will establish a metering system to record the activity initiated by the user from the portal www.beruby.com or from other sites that have agreements with BERUBY.
The User will have access to a control panel from which to see how his account has evolved, the state of his purpose register, and the profits to which he will eventually have a right.
BERUBY will not make any payments until the minimum amount is reached. This amount will be determined in the Terms of Payment in force at each moment.
BERUBY will settle the account by any means it considers appropriate. If BERUBY decides to use PayPal ®, the user at BERUBY will have to open an account with this service. Those already enrolled will not need to open a new account. The amounts disbursed by BERUBY to the User as compensation will be net of taxes.
Use of the Service
The User will be responsible for any activity associated to his account and password and must notify BERUBY immediately should his account be used without his consent or if he is aware of any violation to the security of the Service.
The Service must be used according to the demands of good faith. The User will not use the Service in any way that might bring any harm to it or to other Users of BERUBY. The following activities, among others, are prohibited:
- Attempting to gain access to any BERUBY account, equipment or network without specific authorization.
- Manipulating accounts, equipments or networks related to BERUBY
- Obtaining or attempting to obtain without consent data derived from BERUBY.
- Charging others for their use of BERUBY, both directly and indirectly.
- Using BERUBY in a way that violates the law.
- Using BERUBY in a way that violates the rights of intellectual and industrial property of BERUBY or of third parties.
- Creating a false identity with the intention of misleading others.
- In any way being contrary, scornful or threatening the fundamental rights and public freedom constitutionally recognized in the international Treaties and in the rest of the legislation.
- Encouraging, inciting or promoting criminal, degrading, libellous, defamatory and violent activities or, in general, any activity contrary to the law, to the accepted principles of morality or to the public order.
- Encouraging, inciting or promoting discriminatory activities, attitudes or thoughts regarding sex, race, religion, belief, age or condition.
- Incorporating, providing or enabling access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, to the accepted principles of morality or to the public order.
- Impersonating any person or entity or misrepresenting yourself in any way
- Promoting commercial activities not endorsed by BeRuby, Inc.
- Soliciting passwords or other personal information for the purposes of commercial or unlawful use
- Using automated tools to interact with and/or collect information from the BeRuby.com site
As a USER, you are responsible for:
- Keeping Account information up to date and secure (BERUBY will not be responsible for actions of third parties that gain access to your Account information)
- Reviewing your Account on a regular basis to confirm that all cash back purchases have been properly credited to your Account. If you do not receive proper credit for a purchase, you must provide written notice to BERUBY within 30 days of the purchase. After the 30 day period, you waive any right to claim different cash back amounts for the purchase.
- Complying with any tax liability that may result from cash back payments, prizes, or other value provided to you
- Researching the copyrights of images, logos, text etc. you use on your Account page and paying the appropriate fees
- Complying with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to your use of this web site, and not to use this web site for any purpose that is contrary to any such laws, rules, regulations or orders
Account membership is subject to these terms and conditions. BeRuby reserves the right to terminate your Account and cancel any cash back rewards at any time for any failure to comply with these terms and conditions, any fraud or abuse relating to the cash back rewards, or any misrepresentation you make to BeRuby.com. BeRuby also reserves the right to close any Account that has been inactive for more than 12 months. An Account is deemed inactive if the user has had no purchase activity or store visits for 12 consecutive months. Cash back amounts in inactive Accounts will be returned to BeRuby.com
Any termination of a BeRuby Account by either party will result in a cancellation of any cash back amounts in the Account.
Disclaimer of Warranties
BeRuby disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the BERUBY SERVICES results. BeRuby disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. BeRuby disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the BERUBY SERVICES.
THE BERUBY SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE BERUBY SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. BERUBY AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BERUBY AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE BERUBY SERVICES. BERUBY AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE BERUBY SERVICES. BERUBY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BERUBY SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE BERUBY SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE BERUBY SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE BERUBY SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BERUBY OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE BERUBY SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF BERUBY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE BERUBY SERVICES, FROM INABILITY TO USE THE BERUBY SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BERUBY SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BERUBY SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BERUBY SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE BERUBY SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BERUBY SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE BERUBY SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BERUBY SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall BeRuby or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
BERUBY is a service of MiRubi Internet S.L., registered in Avenida Manoteras 38, Oficina D-311, 28050- Madrid, with Tax Identification Number nº B-85127991 inscribed in the Register of Companies of Madrid volume 24.355 book 0, section 8, folio 81 and page M-438053, and is holder of the Internet portal located in address ttp://www.beruby.com
BERUBY may use specific tools such as buttons, banners, or links that enable the User to access other sites. These tools are installed with the ultimate goal of providing and facilitating browsing to the User at BERUBY. BERUBY is not responsible for the content offered in the websites accessed by the User through these tools.
BERUBY does not ensure the permanent availability and continuity of the Portal due to interruptions or errors, and will not respond to any damages caused to Users by computer viruses or external agents that third parties might deposit in the Portal or in the electronic documents and folders stored in the computer system.
BERUBY Users give their specific consent for the use, processing and transfer of data to all the companies participating in the provision of the Service.
BERUBY is holder of an automated data folder registered in the Spanish Data Protection Agency and of whose processing it is responsible for. The aim of this processing comprises the management, control and maintenance of the Service.
BERUBY will collect purely and exclusively personal data of Users of an adequate and pertinent nature and not excessive with respect to the aim of their acquisition. To make use of the rights of access, rectification, cancellation and opposition, the User can contact the BERUBY Registration Department in its head office indicated above, or via e-mail to firstname.lastname@example.org
These General Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the General Terms and Conditions will continue in full force and effect.
These General Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the General Terms and Conditions will be effective only if in writing and signed by BeRuby.