Terms of Use

Last Revised: April 12, 2018 

These Before You Terms of Use (these “Terms”) set forth the mutual agreement between Deuteronomy 8:18, LLC (d/b/a Before You) (“Before You”, “we,” “us,” or “our”) and you as to your rights and responsibilities when you use the Before You mobile application (the “App”).

  1. Acceptance; Scope.
    1. By accessing or using the App, you are agreeing to be bound by these Terms. You are also agreeing to comply with our Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree to any of these Terms, or any of the terms and conditions in the Privacy Policy, you should not access or use the App in any way and should immediately exit the App. You must be at least 13 years old to use the App. If you are under 13 years of age, you are not authorized by us to use the App.
    2. Before You may amend, update or modify these Terms at any time, by posting amended Terms on Before You’s website, beforeyou.com, and/or the App. If you do not consent to these Terms, as amended, you should not access or use the App in any way and should immediately remove the App from your mobile device. By continuing to access or use the App after those changes become effective, you agree to be bound by the revised Terms.
    3. The App may contain links to third party websites or applications not owned by Before You. Before You has no control over, and assumes no responsibility for, the content, practices or policies (including privacy policies) of any such third parties. By using the App, you expressly release Before You from any and all liability arising from your use of any third-party website or application.
  2. Limited License; Restrictions. Before You grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App for your own personal, non-commercial purposes subject to these Terms. This license is personal to you and may not be assigned or sublicensed to anyone else. All rights not expressly granted by Before You herein are reserved. You agree that you will not reproduce, redistribute, transfer, sell, create derivative works from, decompile, reverse engineer, alter, adapt, or disassemble any portion of the App or any source code therein. You further agree that you will not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the App. In accessing and using the App, you agree to comply with all applicable laws and legal requirements.
  3. Premium Accounts.
    1. Subscriptions. In addition to offering free limited use of the App, we offer paid Premium subscriptions that include additional storage. The Premium subscriptions may be purchased on a monthly, annual, or legacy basis. Please see our App Store page for current features and pricing. Features and prices are subject to change.
    2. Accounts. To access a Premium version of the App, you will have to create an account with us by providing a user name and password. You are solely responsible for the activity that occurs on your account, including any activity by authorized or unauthorized users, and you must keep your account password secure. If you become aware of any breach of security or unauthorized use of your account, you must notify Before You immediately and change your password.
    3. Renewals. By default, all monthly and annual Premium subscriptions are set to automatically renew for the same period of time as the original subscription, unless you cancel such subscription in the iOS Settings at least one (1) day before the subscription period ends.
    4. Cancelation; End of Subscription. Users who purchase a Premium subscription may cancel such subscription at any time; however, all fees paid for such subscriptions are non-refundable. When a Premium subscription is cancelled or is otherwise terminated, the account automatically becomes a basic free account and no longer includes the Premium features.
  4. Content Terms and Restrictions. As used throughout these Terms, “Content” includes photos, images, audio, videos, text and other materials of any and every type in all forms and mediums.
    1. Before You Content. Before You, and our licensors and vendors and partners, retain all trademark, copyright and other intellectual property rights in any Content provided by Before You and appearing within the App (“Before You Content”). You may access the Before You Content for your information and personal use solely as intended and permitted under these Terms. You shall not reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Before You Content for any other purposes without the prior written consent of Before You.
    2. Licenses Granted By You. Subject to the license granted herein, you retain all of your ownership rights in your Content. By submitting any Content through the App, you grant Before You and its successors, assigns and affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, sublicense, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the App and our business, including by way of example, for promoting the App. You also hereby grant each user of the App a non-exclusive license to access your Content through the App, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the App and under these Terms.
    3. Your Representations and Warranties. For each piece of Content that you submit, you represent and warrant that: (i) you have the right to submit to or otherwise post the Content on the App; (ii) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; (iii) you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and grant the licenses contained herein; and (iv) the Content complies with these Terms and all applicable laws.
    4. Acknowledgements. You acknowledge and agree as follows:
      1. Before You does not permit copyright infringement or other violations of intellectual property rights on the App, and we reserve the right to remove Content if properly notified that such Content infringes on another’s intellectual property rights;
      2. Before You is not responsible or liable for the accuracy, utility, safety, or intellectual property rights of or relating to any Content within the App;
  • We do not endorse any Content, recommendation, view or opinion submitted to the App by any user;
  1. You may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto; and
  2. We do not guarantee the confidentiality of any Content you submit, and you are solely responsible for your own Content and the consequences of submitting and publishing your Content on the App.
  1. Code of Conduct.
    1. In accessing or using the App, you agree that you will not:
      1. defame, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ moral, privacy or publicity rights;
      2. impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
  • violate any applicable laws or regulations;
  1. submit, upload, or display on the App Content that: (A) is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable; (B) contains sexually explicit Content, pornography, or nudity; (C) contains hateful, malicious, or discriminatory Content, incites hatred towards any individual or group, or incites or advocates terrorism or violence; (D) infringes our or any third party’s intellectual property or other rights; (E) contains any confidential, proprietary or trade secret information of any third party; or (F) includes any advertisements, solicitations, investment opportunities or other unsolicited commercial or chain communications or promotes the sale of goods or services;
  2. spam, hack into or deface the App, or transmit any Content that contains any viruses, worms, trojan horses, defects, or other destructive items;
  3. circumvent, disable or otherwise interfere with security features of the App;
  • harm or exploit minors; or
  • use the App for any commercial, advertising or solicitation uses or collect any personally identifiable information about others.
  1. Before You has the right, but not the obligation, to monitor all conduct on and Content submitted to the App. Failure to comply with any of the above conduct requirements will constitute a violation of these Terms and, in addition to any other rights or remedies we may have, Before You may immediately terminate your access to and use of the App or remove any Content that you submit, upload or display.
  1. Termination; Account Deletion.
    1. Termination for Cause. Before You may terminate, suspend or disable your access and use of the App (or any part thereof), delete your account, or block or remove any Content you submit if Before You determines, in our sole discretion, that you have violated any provision of this Agreement. Before You reserves the right to determine whether Content violates these Terms. If Before You deletes your account for any of the reasons set forth herein, you may not re-register for the App. Before You may block your email address and Internet protocol address to prevent further registration.
    2. Effect of Termination. Upon termination, all licenses granted by Before You will terminate automatically. Sections 4 and 7 through 11 of these Terms shall survive termination. In the event of an account deletion for any reason, Content that you submitted may no longer be available. Before You shall not be responsible for the loss of such Content.
  2. Third Party Copyrights; DMCA Notifications.
    1. Notifications of Claimed Infringement. While we are not obligated to review submissions for copyright infringement, we are committed to respecting copyrights and the other intellectual property of others. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”) by providing our Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • 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;
  1. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address (if available) of the complaining party;
  2. A statement that the complaining party has 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
  3. 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 owner of an exclusive right that is allegedly infringed.
  1. Counter-Notifications. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the necessary authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the Content, you may send us a counter-notification. DMCA notifications and counter-notifications must meet the then statutory requirements imposed by the DMCA (see 17 U.S.C 512(g)(3) or http://copyright.gov for more information).
  2. Copyright Agent. Notifications and counter-notifications, as described herein, should be sent to: Daniel J. Bourque, Esq., Bourque & Associates, P.A.; 835 Hanover Street, Suite 301, Manchester, New Hampshire 03104; (603) 623-5111dbourque@nhpatlaw.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notification may not be valid.
  1. Disclaimers.
    1. Before You reserves the right to modify the App. The App and all Content is provided “AS IS” and on an “as available” basis. You use the App at your own risk. Without limiting the foregoing, Before You makes no representations or warranties: (i) concerning the accuracy or completeness of the App or any Before You Content; (ii) concerning any content submitted by any user; (iii) that any content you submit will be made available on the App or will be stored by Before You; or (iv) that Before You will continue to support any particular feature of the App.
    2. To the fullest extent permitted by law, Before You expressly disclaims any and all warranties of any kind, whether express or implied, in connection with the App and your use of the App, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
    3. Without limiting the foregoing, Before You expressly disclaims, and assumes no liability or responsibility for, any: (i) errors, omissions, or inaccuracies of Content; (ii) personal injury or tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the App; (iii) unauthorized access to or use of the App and/or any Content; (iv) interruption or cessation of transmission to or from the App; (v) bugs, viruses, trojan horses or the like which may be transmitted to, by or through the App; (vi) content submitted by any user; (vii) defamatory or offensive conduct of any third party, including other users; or (viii) loss or damage of any kind incurred as a result of the use of the App or any Content posted, transmitted, or otherwise made available through the App, including any loss of your Content.
    4. Before You does not endorse, guarantee or assume responsibility for any Content, product or service posted, advertised or offered by any third party on or through the App, and Before You will not be a party to, or be responsible for monitoring, any transaction between you and any third-party provider of products or services.
  2. Limitation of Liability. To the fullest extent permitted by law, BEFORE YOU SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY CLAIM OR CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM (A) ERRORS, OMISSIONS OR INACCURACIES OF CONTENT, (B) TANGIBLE OR INTANGIBLE PROPERTY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON SUCH SERVERS, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO, BY OR THROUGH THE APP, AND/OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the foregoing, Before You’s total liability to you shall not exceed the amounts paid by you to Before You over the twelve (12) months preceding your claim. You specifically acknowledge and agree that Before You shall not be liable for any Content or for the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
  3. Indemnification. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Before You and its respective affiliates, directors, officers, managers, members, employees, licensors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including without limitation, reasonable attorneys’ fees arising from or relating to: (a) your access to or use of the App; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy or publicity right; or (d) any claim that your Content caused damage, harm or loss  to a third party. The foregoing obligations shall survive these Terms and any termination of your use of the App.
  4. General.
    1. Governing Law; Venue. These Terms are made under and shall be governed by the laws of the State of New Hampshire, without regard to principles of conflicts of law. Any action arising out of or relating to these Terms or your use of the App must be commenced in the state or federal courts located in New Hampshire, United States of America, and you consent to the jurisdiction of such courts.
    2. Entire Agreement. These Terms, including the Privacy Policy, and any other legal notices published by us on the App shall constitute the entire agreement between you and Before You concerning the App.
    3. Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect.
    4. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Before You’s prior written consent. Before You may assign these Terms without restriction.
    5. Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure or delay to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
    6. No Third-Party Beneficiaries. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
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