A.) 1. Bienaime Access accessed at bienaimeaccessbts.com (“Members” or the "Website") is a website service that allows users (“Members”) to meet and interact with new creators, sell personal artwork, and view exclusive behind the scenes content created by Bienaime Agency. Bienaime Access is operated by Bienaime Agency, with company document number: L11000101456 and registered address: P.O Box 480303, Fort.Lauderdale, Fl, 33348
1a. These Terms of Service, govern your use of Bienaime Access, including any content, functionality, and services offered on or through the Website. By registering with Bienaime Access and using Bienaime Access, you hereby accept and agree to be bound by and abide by these Terms. You must not access our website if you are not interested in meeting these terms.
1b. At any time, at our sole discretion, we reserve the right to make changes to these Terms. By continuing to use Bienaime Access after such notice, you agree to these Terms as modified. All changes are made by Bienaime Agency and shall be effective immediately when updated, and apply to all access to and use of the Website thereafter. It is your responsibility to check this page periodically for updates so you are aware of any changes, as they are binding to you.
2. This Website is only offered and available to users who are 18 years of age or older (or, outside of the United States, the applicable legal age to enter a contract to access our website. You agree, by using this website, to meet all of the foregoing eligibility requirements and you represent and warrant that:
a.) you are of legal age to form a binding contract with us.
b.) you are not a convicted sex offender.
c.) you (and any site that you created or control) have not been previously banned or removed from our site for any reason.
d.) you will not access this website if all the requirements are not met.
e.) you will comply with all applicable terms of any third party payment provider we select, and you are not on a prohibited list of that payment provider.
By signing up for Bienaime Access and/or using Bienaime Agency website, you consent to receiving communications from us electronically, including but not limited to, emails. You understand and agree that all communications that we provide to you electronically rectifies any legal requirement that such communications be in writing. If you do not wish to receive communications from us at any time, please notify us via email at firstname.lastname@example.org, with your withdraw request.
3a). modify, restrict, limit, suspend or terminate your Bienaime Access Account or any portion thereof;
3b). investigate any suspected or alleged misuse or unlawful use of Bienaime Access and cooperate with law enforcement in such investigation;
3c). disclose information about your use of Bienaime Access in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order.
3d). request additional identification to verify and approve your account on Bienaime Access.
4a. Account Registration
1.) All account registration and profile information you provide is your own information and the information is truthful and accurate;
2.) You register on Bienaime Access for your own personal use and you will not sell, rent or transfer your account to any third party; and Bienaime Access reserves the right, for any reason, at any time, to verify the information which you provide to us as well as your compliance with these Terms and to permanently terminate your account if it is unable to do so to it’s reasonable satisfaction. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
3.) During the registration process (and thereafter) you are responsible for maintaining the confidentiality of the username and password that you specify, and any activities under that username and password that you engage in are solely your responsibility. Upon learning of any unauthorised use of your username or password or any other breach of security, you agree to notify us immediately, and ensure that you log out of your account at the end of each session.
4.) You are responsible for authorising, deauthorising, administering account access, and maintaining confidentiality of all passwords.
5.) In the event we determine your password to not be secured, we reserve the right to change it. We may at any time and in our sole discretion discontinue providing a Service.
6a.) Any Video or Photo Content posted (with or without watermark) by Bienaime Access, Marvin Bienaime, or Bienaime Agency are all owned by Bienaime Agency, LLC. Users are prohibited from screen recording, sharing, and downloading any content posted on our website for any purpose, and in any medium whatsoever, including, but not limited to, for the purpose of financial gain, whether foreseen or unforeseen at the time of Sign Up on our website.
b.) Any content uploaded by Marvin Bienaime, Bienaime Access, or Bienaime Agency that has a watermark on each video or photo MUST remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any Bienaime Agency, Bienaime Access, or Marvin Bienaime video or assist or encourage any third party to do so.
c.) If you breach any provisions of these Terms, we will terminate your access to our website, or at Bienaime Access’ sole discretion, we will remove or ban you (or any website account you created or control) and you must: immediately remove all copies of any Marvin Bienaime, Bienaime Access, Bienaime Agency Video or Photo, or other offering in your possession or control, including from any social media platform; notify any Recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Recipient.
7a.) Our Site may contain private links to third party websites in order to view photos and/or videos. You acknowledge and agree that: (a) you will not screen record, license, share, publicly display, or download any content for any purpose, and in any medium whatsoever.
8a.) Any purchase made on Bienaime Access/Bienaime Agency websites are non-refundable. Any purchase made on Bienaime Agency/Bienaime Access websites and subsequently subject to a chargeback will result in the User’s account being immediately and permanently excluded from Bienaime Access/Bienaime Agency database.
9a.) Should you wish to cancel your Account, you can do so by clicking “Settings”, and in the Settings tab, click “Account Settings” and then click “Delete Account”.
10a.) Posting content that is not your own or that you do not have permission to use;
b.) Obtaining personal information from anyone under the age of 18;
c.) Breaking any local, state, federal, or international law;
d.) Providing instruction or promoting illegal or illicit activities, such as making or buying illegal weapons or drugs;
e.) Invading someone's privacy, or providing, disseminating or creating computer viruses;
f.) Posting inappropriate, offensive, slanderous, or defamatory content;
g.) Posting content that violates copyright, trademark, patent rights, or other proprietary rights of any person, or that is used without their consent;
h.) Uploading or sharing any content which contains video, audio, or photos of or any personally identifiable information about any individual without their consent or about any individual who is a minor;
i.) Posting or creating content (and accounts) that impersonates, falsifies affiliation, connection, or association with any person or entity;
j.) Posting content that portrays people in an exploitative, violent, or other illegal manner, as well as content that contains graphic images, photos, or videos intended for cruel pleasure or to glorify violence;
k.) Posting or sharing content that displays naked or partially naked children or depicts sexual content with children;
l.) Making threats to post intimate identifiable images, videos, or photos of others without their consent;
m.) Harassing the site’s moderators. Moderators are there to protect and help you. The moderator's decision may be challenged, but if the moderator determines harassment has occurred, in any kind of way, a ban will be imposed;
n.) Posting spam in the form of text, photos, or videos. This includes (but is not limited to) copy-paste messages, duplicate photos, and duplicate videos;
o.) Bullying. We have a strict NO-BULLYING policy on Bienaime Access which includes (but is not limited to): chat room messages, private messages, comments, and posts. We define “bullying” as any type of content (text, picture, or video) designed to provoke a negative reaction from the intended audience;
p.) Posting or sharing any content that promotes racism or violence towards any religious or ethnic group;
10 b.) At our sole discretion, we may remove any content that violates this Agreement or otherwise does not meet our standards.
10 c.) You agree that, by using our website or by posting or transmitting content on or through our website, you:
c1. Represent and warrant that all the information you submit when you open your account, including information from social media accounts, is accurate and true, and that you will update any information that is subsequently inaccurate, incomplete, misleading or false.
c2. Represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use, distribute, and to authorize us and other users to use and distribute your content in order to exercise the licenses granted by you in this agreement in the manner contemplated by us and this agreement.
11a.) Bienaime Agency shall be the sole owner of the copyrights of the Contents, including but not limited to, all photographs, videos, and other intellectual property created and posted by Marvin Bienaime, Bienaime Access, or Bienaime Agency on our website. Users are prohibited from publishing or distributing for commercial use any of the content posted. Users are further prohibited from copying, publicly displaying, transmitting, storing, scanning, downloading, screen recording, sharing, altering, any content created or posted by Marvin Bienaime, Bienaime Access, or Bienaime Agency on our website.
12. Violating our terms will result in your account being permanently deactivated without warning. At anytime whatsoever, We do not accept minors using our service. If we become aware that a User is underage, we will take immediate action and delete all information of that User from Bienaime Agency. If you are a parent or legal guardian and become aware that your minor-child has registered on Bienaime Agency, please immediately notify us at email@example.com.
13. Governing Law and Dispute Resolution 13a.) You and we agree that these Terms shall be governed by and construed in accordance with the laws of the state of Florida. All disputes hereunder shall be resolved in the applicable state or federal courts of Broward County, Florida. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
14a.) Should any provision of this ‘Terms and Agreement be void or unenforceable, such provision shall be deemed severed and this Agreement, with such provision severed, shall remain in full force and effect to the extent permitted by law.
15a.) This entire agreement between you and us regarding Bienaime Access website, supersedes all prior agreements and undertakings, both written and oral, with respects to its subject matter.
If you believe that any content on our website violates this Agreement or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512).
16A.) You will need to provide us with the following information in order for us to act on a claim of infringement:
A1.) a statement that you believe the use has not been authorized by the copyright or other intellectual property rights owner, by its agents, or by law;
A2.) a description of the infringed copyrighted work or other intellectual property;
A3.) a way for us to contact you, including your address, telephone number, and e-mail address;
A4.) a statement, signed under penalty of perjury, that the information you provided in your notice is accurate and that you are the owner of the copyright or intellectual property, or authorized to act on the owner's behalf;
A5.) a description or link on where the infringing material is located on our website;
A6.) a signature from you, or a signature from the person authorized to act on behalf of the owner of the copyright or other rights being infringed.
17. You may report a copyright violation by clicking on the “Report” button directly on the users profile account.
If you have any questions or concerns about Bienaime Agency, Marvin Bienaime, or Bienaime Access, please contact us at firstname.lastname@example.org