TERMS OF SERVICE

Bey International SA
Terms and Conditions of Use
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree
to these TOU before you are permitted to use any Bey International SA (“the
Company”), doing business as Anna Bey digital or downloadable resources, online
course, interactive or static website, one-on-one or group coaching, class,
Resources, workshop, or training, or enter any online private forums operated by
Bey International SA (for any purpose), whether on a website hosted by Bey
International SA or a third-party website such as an online course platform or
facebook.com (collectively “the Resources”).
If you do not agree with these TOU, you may not use the Resources.
As used in these TOU, the term “Releasees” is defined to include the following: (i)
Bey International SA, its subsidiaries, affiliated companies, owners, members,
managers, directors, officers, past and present employees, agents, contractors,
coaches, representatives, successors and assigns (collectively “the Company”); (ii)
any Company volunteers.
1. Participants
The Resources is intended and only suitable for individuals aged 18 and above.
Some of the content in the Resources may not be appropriate for children. Company
hereby disclaims all liability for use by individuals under the age of 18.
2. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout,
graphics, photos, images, information, materials, documents, data, databases and
all other information and intellectual property accessible on or through the
Company website, any third-party website the Company may use to distribute or
host the Resources, and contained in e-mails sent to you by the Company, as well
as the look and feel of all of the foregoing (“the Content”) is property of the
Company and/or our affiliates or licensors, unless otherwise noted, and it is
protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You:
If you view, or access any Resources or any of the Content, you will be considered
our Licensee. For the avoidance of doubt, you are granted a revocable, non-
transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual
pages of the Resources and Content for your own personal educational purposes
only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, or
distribute electronically, the Resources or Content to others or any other third party,
or otherwise use any material from the Resources or Content for commercial
purposes either for free or in any way that earns you or any third party money
(other than by applying the content generally in your own life or business for your
own personal development). By downloading, printing, or otherwise using the
Resources or Content for personal use you in no way assume any ownership rights
of the Content – it is still Company property. Each purchase is intended for the sole
use of one student only. Any unauthorized use of any materials found in the
Resources or Content shall constitute infringement, and your access to the
Resources will be canceled with no refund.
You must receive our written permission before using any of the Resources or
Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Resources or Content are trademarks
belonging to the Company, unless otherwise indicated. Any use including framing,
metatags or other text utilizing these trademarks, or other trademarks displayed, is
strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are
reserved by us.
c. Unauthorized Use
Your use of any materials found in the Resources or Content other than that
expressly authorized in this agreement or by a separate written assignment, is not
permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5)
times the total fees paid for the Resources in the event of your Unauthorized Use, or
a minimum of $5,000, in addition to any legal or equitable remedies the Company
may be entitled to pursue.
You agree that any violation or threatened violation of the Intellectual Property
Rights terms in this Agreement would cause irreparable injury to The Company that
may not be adequately compensated by damages, entitling the Company to obtain
injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during use of the Resources such as
comments, posts, photos, designs, graphics, images or videos or other
contributions, you are representing to us that you are the owner of all such
materials, and you are at least 18 years old.
The Company will request your consent to use your likeness (including your name
or screen name), comments, posts, photos, images, videos or other contributions
created by you (collectively, “Your Material”), whenever reasonably possible, for
any purposes, including commercial purposes such as advertising. This right
includes granting us proprietary rights or intellectual property rights under any
relevant jurisdiction without any further permission from you or compensation by us
to you. You acknowledge that, if you grant this consent, we have the right but not
the obligation to use Your Material and that we may cease the use of Your Material
on our Site or in our Content at any time for any reason. Exceptions to our request
for consent may include comments made by your public profile picture that are
visible on a public forum or domain site should you comment on automatically
updating, publicly visible spaces under the Resources. For removal, please contact
us at team@annabey.com)
The Company may request your consent to the Company’s use, display, distribution
or other publication of these photographs, videos, and or/audio recordings and/or
any other materials submitted by you to the Company or created by the Company
in connection with your participation in any Resources. If you grant such consent,
you agree that the Company, and anyone authorized by the Company, is granted
the right, without any compensation to you unless otherwise specified in writing, to
use your likeness and identify you as the author and individual depicted in any
comments, posts, photos, images, videos or other contributions created by you or
the Company, or by name, email address, or screen name, for any purposes,
including commercial purposes and advertising. You acknowledge that we have the
right but not the obligation to use any contributions from you and that we may elect
to cease the use of any such contributions in the Resources or in our Content at any
time for any reason.
e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property
belonging to us, you should request permission in writing BEFORE you use the
Content by sending an e-mail to team@schoolofaffluence.com.
If you are granted permission by the Company, you agree to use the specific
Content that the Company allows and only in the ways for which the Company has
given you its written permission. If you choose to use the Content in ways that the
Company does not specifically give you written permission, you agree now that you
will be treated as if you had copied, duplicated and/or stolen such Content from us,
and you consent to immediately stop using such Content and to take whatever
actions as we may request and by the methods and in the time frame that we
prescribe to protect our intellectual property and ownership rights in the Resources
and Content.
3. Your Conduct in the Resources; Confidentiality
Please choose carefully the Materials that you upload to, submit to, or embed on
any website operated by the Company and any third-party forums operated by the
Company. Any material you post on the Company’s website or in any third-party
forums operated by the Company may become public.
Company agrees to keep all information about our relationship strictly confidential
except in very rare circumstances where disclosure is required by law, for example
when a court might issue a subpoena for the file or information, or if you threaten to
harm yourself, or others. You acknowledge that our communications are not
covered by any doctor-patient privilege or other privilege.
You agree to keep all information you learn about other Resources participants,
their business, or clients (as applicable), strictly confidential except in very rare
circumstances where disclosure is required by law.
You are responsible for your Material and for any liability that may result from the
material you post. You participate, comment, and post material at your own risk.
Any communication by you on the Company’s website and any third-party forums
operated by the Company, whether by leaving a comment, participating in a chat,
public or private forum, or other interactive service, must be respectful. You may
not communicate or submit any content or material that is abusive, vulgar,
threatening, harassing, knowingly false, defamatory or obscene or otherwise in
violation of any law or the rights of others. You agree to post comments or other
material only one time.
You are strictly forbidden from the following:
• Harassing, fighting with, or being disrespectful to other participants
• Causing damage to any Company website or third-party forums operated by
the Company
• Using any Company website or third-party forums operated by the Company
for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using any Company website or third-party forums operated by the Company
to copy, store, host, transmit, send, use, publish or distribute any spyware, virus,
worm, Trojan horse, keystroke logger or other malicious software
• Using any Company website or third-party forums operated by the Company
to transmit, send or deliver unsolicited communications or for other marketing or
advertising purposes
• Systematically or automatically collecting data from any Company website or
third-party forums operated by the Company
• Sharing private and proprietary information from the Resources with anyone
else
• Violating the rules posted in any private forum, whether hosted by Company
or on a third-party site such as Facebook.com
We may also posted separate rules regarding your behavior if the resource contains
an area entitled “RULES” of any online Resource, whether hosted on the
Company’s website or a third-party website such as facebook.com, which may be
updated from time to time. You agree that you are bound by those rules and they
are expressly incorporated into these TOU.
If, in Company’s sole discretion your conduct violates these TOU in any way, You
agree that the Company may immediately and permanently terminate your access
and participation in the Resources and Content, and remove You from the private
group or other third-party forums operated by the Company.
The Company, in its discretion, may delete or modify, in whole or part, any post,
comment or submission to the Company’s and any third-party forums operated by
the Company. The Company does not, however, have any obligation to monitor
posts, comments, or material submitted by third parties. The Company neither
endorses nor makes any representations as to the truthfulness or validity of any
third-party posts, comments, or material on the Company website or any third-party
forums operated by the Company. The Company shall not be responsible or liable
for any loss or damage caused by third-party posts, comments, or materials on the
Company website and any third-party forums operated by the Company.
4. Termination
The Company may terminate your participation in the Resources at any time,
without refund, if you breach any part of these TOU. In the event of cancellation or
termination, you are no longer authorized to access the part of the Resources or
Content affected by such cancellation or termination. The restrictions imposed on
you in these TOU with respect to the Resources and its Content will still apply now
and in the future, even after termination by you or the Company.
5. Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. You acknowledge, within the maximum limits of applicable law, that, by
engaging with the Company for the Resources, you voluntarily are participating in
the Resources and You assume an element of inherent risk, and knowingly and
freely assume all risk and responsibility for injuries to any persons or damages to
any property, and release, covenant not to sue, and hold Releasees harmless for
any and all liability to you, your personal representatives, assigns, heirs and next of
kin, for any and all claims, causes of action, obligations, lawsuits, charges,
complaints, controversies, damages, costs or expenses of whatsoever kind, nature,
or description, whether direct or indirect, in law or in equity, in contract or in tort, or
otherwise, whether known or unknown, arising out of or connected with your
participation in the Resources, whether or not caused by the active or passive
negligence of the Releasees. This release is not intended as an attempted release of
claims of gross negligence or intentional acts by the Releasees.
In the event that the release and hold harmless provision is held unenforceable for
any reason, you agree to limit any damages claimed to the total paid to the
Company for the Resources except in the instances of willful misconduct and gross
negligence.
b. Your participation in the Resources does not establish a doctor-patient or
counseling relationship of any kind between you, the Company, or anyone providing
coaching services on behalf of the Company.
c. The Resources and Content provides information and education only, and
does not provide any financial, legal, medical, employment, or psychological
services or advice. None of the Resources or Content prevents, cures or treats any
mental or medical condition. The Resources and Content is not intended to be a
substitute for professional advice that can be provided by your own accountant,
lawyer, financial advisor, or medical professional. You are responsible for your own
financial, legal, physical, mental and emotional well-being, decisions, choices,
actions and results. You should consult with a professional if you have specific
questions about your own unique situation. The Company disclaims any liability for
your reliance on any opinions or advice contained in the Resources.
d. Earnings and Results Disclaimer. You agree that Company has not made and
does not make any representations about the earnings or results you may receive
as a result of your participation in the Resources. The Company cannot and does
not guarantee that you will achieve any particular result or earnings from your use
of the Resources, and you understand that results and earnings differ for each
individual.
e. Any links to third-party products, services, or sites are subject to separate
terms and conditions. The Company is not responsible for or liable for any content
on or actions taken by such third-party company or website. Although the Company
may recommend third-party sites, products or services, it is your responsibility to
fully research such third parties before entering into any transaction or relationship
with them.
f. The Company tries to ensure that the availability and delivery of the
Resources and Content is uninterrupted and error-free. However, the Company
cannot guarantee that your access will not be suspended or restricted from time to
time, including to allow for repairs, maintenance or updates, although, of course, we
will try to limit the frequency and duration of suspension or restriction.
g. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH
THE RESOURCES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES
NOT WARRANT THAT THE RESOURCES OR ANY OF ITS FUNCTIONS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS
THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
h. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THE RESOURCES, INCLUDING ITS
MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR
SERVICES MADE AVAILABLE THROUGH THE RESOURCES.
6. Security
Security for all personally identifiable information is extremely important to us.
Unfortunately, no data transmission over the internet can be guaranteed to be
100% secure. As a result, while we strive to protect your personal information, The
Company cannot ensure or warrant the security of any information you transmit via
the internet. By transmitting any such information to the Company, you accept that
you do so at your own risk.
7. Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of
Switzerland, excluding its conflict of laws principles. The exclusive place of
jurisdiction pertaining to any case or controversy arising from or relating to these
TOU is Geneva, Switzerland. The first step of dispute process is to attend
preliminary mediation. The prevailing party in any dispute between the parties
arising out of or related to these TOU, whether resolved by negotiation, mediation,
or litigation, shall be entitled to recover its attorneys’ fees and costs from the other
party.
8. Users Outside Switzerland
The Company controls and operates the Resources from offices in Switzerland. The
Company does not represent that materials on the Resources are appropriate or
available for use in other locations. People who choose to access the Resources
from other locations do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
9. Indemnification
You agree to defend, indemnify, release, and hold harmless the Company and any
directors, officers, agents, contractors, partners, assigns, successors-in-interest and
its and their employees from and against any and all claims, damages, obligations,
losses, liabilities, costs, debt and expenses (including but not limited to attorney’s
fees) arising from or in connection with: (i) your use of the Resources or Content in
violation of these TOU, (ii) any breach by you of these TOU or any representation
and warranty made by you herein, (iii) any comment, post, or material you submit
to the Company’s website or any third-party forum or website operated by the
Company, (iv) your use of materials or features available on the Resources or
Content (except to the extent a claim is based upon infringement of a third-party
right by materials created by the Company) or (v) a violation by you of applicable
law or any agreement or terms with a third party to which you are subject, to the
limitation of the application of the law.
10. Force Majeure
The Company shall not be deemed in breach of this Agreement if Company is
unable to provide all of the Resources or any portion thereof by reason of fire,
earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death,
illness or incapacity of the Company or any local, state, federal, national or
international law, governmental order or regulation or any other event beyond
Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any
Force Majeure Event, the Company shall give notice to you of its inability to perform
or of delay in completing the Resources and shall propose revisions to the schedule
for completion of the Resources or other accommodations, or may terminate this
Agreement.
11. General Provisions
This Agreement, including our Privacy and Cookie Policies which are incorporated
herein, constitutes the entire agreement between the parties, and reflects a
complete understanding of the parties with respect to the subject matter.
If any provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement will remain in full force and the invalid or unenforceable provision
will be replaced by a valid or enforceable provision.
This agreement supersedes all prior written and oral representations.
If you do not agree with these TOU, do not enter or use the Resources or Content.