This Terms of Use Agreement ("Terms", "Terms of Use") constitute a binding legal agreement between you as user ("you", "your", User") and Too Interactive LLC whose registered office is P.O Box 590, Suite 5 Horsfords Business Centre, Long Point Road, Charlestown, Nevis, West Indies ("us", "we", "TI") the operator of the website located at http://www.besinful.com (the "Site").

The Terms apply whenever you visit the Site, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on the Site (the “Services”) you are accepting and agreeing to be bound by the Terms.

IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE SITE.

We reserve the right, at our discretion, to update or revise these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your use of the Site following the posting of any changes to the Terms of Use will be deemed your acceptance of such change(s).

Eligibility

You must be at least eighteen (18) years of age (or twenty-one (21) where eighteen (18) is not the age of majority) to use the Site. By using the Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use or you are under eighteen (18) or twenty-one (21) years of age where eighteen (18) is not the age of majority, please do not use the Site.

The Site is for the personal use of individual members only. Organizations, companies, and/or businesses may not become members and should not use the Site for any purpose.

Privacy

The Site processes information about you in accordance with the Site's privacy policy ("Privacy Policy"). By using the Site, you consent to such processing and you warrant that all data provided by you is accurate. You acknowledge that although we strives to maintain the necessary safeguards to your personal data, we cannot ensure the security or privacy of information you provide through the internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties.

Content and Conduct

You agree to keep your username and password ("Login") confidential at all times, shall take reasonable steps to prevent others from obtaining your Login and shall inform us if at any point you consider that your Login has been compromised and/or is being misused by someone else and shall take such action as is required and/or is requested by us to prevent such misuse. We have the right to disable any Login, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with the provisions of these Terms.

In using the Site, you may be permitted to post, upload, transmit, display, publish, distribute, or otherwise submit material to the Site (collectively, "Submit"), including, but not limited to, photographs, videos, emails, blogs or text (collectively, "Content").

By using the Site, you agree to do so in accordance with our Community Guidelines ("Community Guidelines").

We are entitled to review and delete any Content that in our sole judgment violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other members. We also take in to consideration the context in which any particular content is being presented when making any decisions about it's suitability.

We are entitled to investigate and revoke a person's membership if a member has misused the Site, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal or prohibited by these Terms.

Although we cannot monitor the conduct of our members off the Site, it is also a violation of these Terms of Use to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, TI reserves the right to restrict the number of communications that a member may send to other members in any 24-hour period to a number which TI deems appropriate in its reasonable discretion.

You are solely, completely and fully responsible for the Content that you Submit to the Site, or transmit to other members. We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted on the Site. We reserve the right to disclose your identity to any third party who claims that any Content posted by you on the Site constitutes a violation of their Intellectual Property Rights, their right to privacy, or any other rights.

By publishing, posting, and/or displaying Content you are affirming that the Content features only you or has been filmed by you and/or legally belong to you and you have the full rights to publish, post and/or display the Content. You agree to fully indemnify and hold us harmless for any and all liability, claims and/or damages arising out of and/or related to the publishing of your Content, including attorney's fees and costs of suit.

By posting information or Content including but not limited to copyrighted content, name and likeness, photographs and videos to any area of the Site, you automatically grant, and you represent and warrant that you have the right to grant to us, our group, which means our subsidiaries and our ultimate holding company and its subsidiaries, a non-exclusive, royalty free, worldwide licence to use, copy, publish, display, reformat, translate, disclose, distribute, and broadcast, such information or Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorise sub-licences of the foregoing for all purposes connected to operating and promoting the Site. You further waive any moral or potential infringement rights you may have in any such information or content.

We reserve the right to automatically respond to all member to member messaging, in those cases where an individual member has not personally responded. Messages with no recipient response will receive a reply after an appropriate period of time determined by us.

The Site is an Entertainment Service. By using this service you accept that some member profiles, messages and communication may not be genuine.

Your use of the Site is entirely at your own risk. You should exercise caution in evaluating what you see when involved in internet communication with people who are unknown to you (such as when you are using message services) and be aware that people may not necessarily be who they say they are and that people may provide information or behave in a way that is unreliable, misleading or illegal.

WE DO NOT PERFORM BACKGROUND CHECKS ON OUR MEMBERS. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR MEMBERS. Notwithstanding the foregoing, by registering as a member of the Site, you authorize us and/or our agents and representatives to conduct a review of your background at any time and from time to time, and understand that the scope of the review may include, but is not limited to civil and criminal history records from any criminal justice agency in any or all federal, state, county jurisdictions and review of any other public records (such as sex offender registry searches).

By using the Site you agree to take reasonable precautions in all interactions with other members or users of the Site, particularly if you decide to meet offline or in person. You are solely responsible for your interactions with other members or users of the Site. You should not provide your personal or financial information (for example, your credit card, social security number or bank account information) to other members or users of the Site.

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site by us, our partners or any member or any other person or entity. You acknowledge that any reliance upon such opinion, member profile, advice, statement or information is at your own risk. We are not responsible for the conduct, whether online or offline of our members. Please use caution and common sense when using the Site.

The Site may display images from, or otherwise link you, to other websites on the Internet. These websites may contain information or material that some people may find inappropriate or offensive. These other websites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of the website by The Site or any association with its operators.

If you see any content on the Site you have questions or concerns about please contact us.

Subscription, Billing and Credits

You may access the Site as a guest or as a registered member for free. However, if you wish to use certain parts of the Site or some Content you may have to pay additional fees.

A virtual currency ("Credits") can be used to send tips and purchase additional Content and Services direct from other members. Your Credits balance can be topped up by you at any time.

All fees and Credits prices are clearly set out on payment pages located within the Site.

We are not a direct provider of any of the Services offered by or Content sold by members. If you choose to engage in any Services offered by other members, you will be dealing and communicating directly with those members, and not with any agent or employee of the Site. No members are controlled by us, but rather, are operating at all times as independent agents. Therefore, we are not responsible for the quality of any Service supplied by members.

We want payments on the Site to be easy to make, so we allow you to fund your transactions using a number of payment methods ("Funding Instrument"), like credit cards and debit cards, mobile billing, and other payment methods.

When you provide a Funding Instrument to us, you confirm that you are permitted to use that Funding Instrument. When you fund a transaction, you authorize our designated payment processor to charge the full amount to the Funding Instrument you designate for the transaction. You also authorize our designated payment processor to collect and store that Funding Instrument, along with other related transaction information.

If you purchase a subscription we will bill your Funding Instrument immediately, and then again at the beginning of each subscription period.

If a free or discounted trial period is offered and you do not cancel at least 24 hours before that free or trial period expires, you will be billed at the end of the period and at the beginning of each subsequent subscription period.

If your subscription renewal payment fails we will automatically attempt to bill your Funding Instrument, without further authorization from you, on various days up until 180 days after the payment failure or until we receive a subscription cancellation request from you. After a subscription renewal payment failure we may change your subscription period to monthly and bill your Funding Instrument the monthly fee. Any membership benefits you are entitled to under the subscription will cease until we are able to collect your subscription fee.

We reserve the right to alter subscriptions fees at any time.

If you have requested to have your Credit balance automatically topped up, each time you do not have enough Credits to complete a transaction, or when your Credit balance falls to 20 Credits or less, we will bill your Funding Instrument immediately. We shall continue to top up your Credit balance in this way until you instruct otherwise by using the settings on the Site or until your membership of the Site is terminated for any reason.

Once purchased, Credits are not refundable in any circumstance.

If you have not logged in for 90 days or longer, we may may remove any credits held in your account.

Credit and debit card users may be subject to a preauthorization. The preauthorization is not a charge to the credit card. However, the then applicable fee may be reserved against the credit card limit. We will not be held responsible for bank charges, fees or penalties due to overdrawn or delinquent Member accounts. Contact your credit card issuing financial institution for details.

If you fund a payment by credit or debit card and your transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee.

If you use mobile billing as a Funding Instrument, you consent to the following applicable risks and other terms:

  1. By choosing the mobile billing payment method, you agree that we and your mobile operator may exchange information about you in order to facilitate completion or reversal of payments, resolution of disputes, provision of customer support, or other billing-related activity.
  2. You are responsible for any charges, fees, changes to your mobile plan service or billing, alterations to your mobile device, or any other consequence that may arise out of your use of mobile billing.
  3. If you use mobile billing, you are bound not only by these Terms, but also by the terms and conditions of your mobile operator.
  4. If you have questions about any charges or fees that appear on your mobile phone bill, you may contact your mobile provider's customer service division.

All purchases made by credit card and debit card are handled by one of the following secure payment processors:

  • SaferBill - "SaferBill.com" will show on your statement.
  • Verotel Merchant Services - "vtsup.com*Too Intera" will show on your statement

You are responsible for all fees relating to activities conducted using your Login up till the time that you notify us of unauthorised use of your Login.

If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, prior to making a formal notification to your credit card company, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.

In the event of any claim that your payment card has been used without your permission or any other fraudulent use of payment cards, we will assist the bank and police authorities with any investigations including providing them with all the details used to register associated profiles, card authentication and any communications through or related to the Site either with The Site or other members.

False fraudulent use claims, may result in you being added to a card blacklist which will affect your future card purchases. Denying a purchase that you have made is illegal and may result in legal action toward you, which can lead to prosecution, fines and impairment of your credit rating.

Receiving Credits and Payouts

You may provide additional Services such as live cam chats, or provide access to private content in exchange for Credits. Credits may also be received as tips in messages and comments.

The Site also operates a referral commission program which rewards you for subscription fees and Credit purchase payments made by members you refer to the Site.

Your commission rates are displayed on the Referral Commission page on the Site and are calculated on the Credit value of any transaction. The value of Credits are shown on your credit balance page and may change in line with exchange rates.

Credits earned as tips or payments from other members, and from referral commissions, will be added to your Credits earned balance and may be used on the site, or retained for future payout. Any Credits you spend on the site will be taken from your Credits earned balance first, then from the balance of any Credits you have purchased.

Twice a month Credit earned balances are converted from Credits in to your chosen currency and scheduled to be paid. Any Credits purchased by you are excluded from the Credit balance to be converted in to currency for payment. The minimum payout balance is shown on your payout settings page. A larger value can be selected to receive larger payments, less frequently, to reduce any banking fees.

All fees and commission rates are set out on the payment schedule located in the Site. It shall be your sole obligation to check the Payment Schedule to determine if there have been any changes to the program.

Payouts are calculated on the 1st and 16th of every month, and made 15 days in arrears (or the next working day) due to credit card security procedures.

In the case of refunds, chargebacks, fines, and fraud any commission generated from a reversed payment will also be reversed by deducting it from your current credit balance. If deductions exceed the balance we may deduct it from future payments or reverse pending payouts.

Any cost of bank transfers are covered from the balance that is paid out.

You acknowledge and agree that You shall not be entitled to any commission or referral fee from TI for any purchase of a product or service offered on or through the Site, including any services or products provided or sold by You, that TI determines, in its sole and absolute discretion, is the result of possible fraudulent activity. You further acknowledge and agree that TI shall have the right, in its sole and absolute discretion, at any time to modify what it determines constitutes possible fraudulent activity.

Credits can only be converted in to a local currency for a Payout if you have a profile on the Site and have supplied the requested Federal Tax ID, Social Security Number or other suitable identification from the country You reside in, and that Your failure to supply that information will constitute a basis for terminating this Agreement and for forfeiting any revenues, fees or commissions to which You would otherwise be entitled under this Agreement.

You shall provide accurate information for payments to be made. TI takes no responsibility for any commission collection problems due to the misspellings of any details provided by you. Payouts that we are unable to make because of inaccurate or missing details will be cancelled after 90 days and forfeited to TI.

Termination

These terms will remain in force and effect while you are a member of the Site.

Under the Consumer Protection (Distance Selling) Regulations 2000, if you are defined as a consumer and are resident within the EU, you may cancel your order for the services within an initial seven day cooling off period. However, in accordance with those regulations, if you choose to use the Site in any manner during the seven day cooling off period then you will will no longer have a right to terminate your contract during this period and receive any refund. During this period only, cancellation may be done by giving us written notice. Within 30 days of your notice we will provide you with a refund. For avoidance of doubt, use of the Site in respect of this cancellation right means sending any communication to another user, actively conducting searches of user profiles, viewing photos of other members, or making changes to your profile including your photographs and other publicly visible profile information, or updating or amending any account settings or preferences (unless such settings e.g. email address were inputted incorrectly at sign up and you are seeking to simply amend these entries).

You may, at any other time (and if you have elected to use the service within the seven day cooling off period), cancel subscriptions by contacting our customer care team via the "Contact Us" link. Cancellations must be made at least 72 hours prior to your renewal date in order to ensure the automated re-billing process is stopped for the renewal term. Any cancellation that is made after such date will cancel the automated re-billing process for future renewal terms, but will not cancel the automated re-billing process for the pending renewal term. You will be responsible for paying fees for any subscription that is not cancelled in accordance with this policy at least 72 hours prior to the renewal date. A request for termination under this clause does not give rise to any refund.

We reserve the right to suspend immediately or terminate your access to the Site, without notice, for any reason. If your access to the Site is suspended due to the breach of these Terms of use, you agree that all fees then paid to us will be non-refundable, all outstanding or pending payments will immediately be due and any funds due to you under this agreement will be forfeited to us.

Following any termination of your use of the Site, we reserve the right to send a notice explaining such termination to other members you have contacted through the Site. Your right to use the Site and the Service shall immediately cease, you will have no right to any Content you Submitted, and TI may temporarily or permanently block access to, remove, deactivate, delete, and/or discard all such Content. We accept no liability for removed or deleted Content. You agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

Proprietary Rights

You acknowledge and agree that the Site contains proprietary information and content that is protected by intellectual property rights and other laws, and may not be used except as provided in these Terms of Use without TI's advance written permission. You further acknowledge and agree that all copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore ("Intellectual Property Rights") in the Site belong to and vest in TI, or are licensed to TI unless otherwise specified. All such rights of TI are hereby asserted and reserved.

By way of example and without limitation, you shall not:

  • use any or all of the Site or the information contained therein for any purpose other than the permitted use set out in these Terms of Use or hack, attempt to hack, distribute, modify, transmit, re-use, or re-post the same for any reason;
  • make any public or commercial use of the Site without TI's prior written consent;
  • provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection to the Site for profit or gain or to avoid payment (by you or others) without TI's prior written permission;
  • display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party without TI's prior written consent;
  • modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without having first received the express written permission of the owner of such information.
  • process or otherwise use the information contained on or within the Site for any illegal or immoral purpose nor use or process the same unfairly; or
  • remove or obscure any copyright notices and other proprietary notices contained on the Site.

If your access to the Site is suspended due to the breach of these Terms of use, or you are requested to by us, You shall immediately and permanently cease all use of all materials provided to You by Us and that You will remove all files containing materials provided to You by The Site, including without limitation any banner ads, and cease using any Company Trademarks or Trade names.

All materials, including, without limitation, all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to You by TI, if any, shall remain the property of TI and may not be copied or reproduced, altered, modified or changed, broadcast, distributed, transmitted or disseminated, sold or offered for sale in any manner, at any time anywhere in the World except as expressly authorized by The Site in writing.

Nothing herein shall be construed as a grant or assignment of any rights to any intellectual property owned by TI, including, without limitation, any of its trademarks or service marks.

Copyright policy / DMCA Notice

The Site is an online service provider as defined in the Digital Millennium Copyright Act. We provide legal copyright owners with the ability to self-publish on the internet by uploading, storing and displaying various media utilizing our services. We do not monitor, screen or otherwise review the media except for a cursory inspection to verify that it meets the standards for upload including a cursory inspection for banned subject matter. We do not make any inspection to determine the source or the owner of the media and do not make any other inspections than those set forth herein. We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. If you are the copyright owner, or are authorized to act on behalf of an owner of content which appears on the Site and believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA):

  1. A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner which expressly claims an exclusive right that is allegedly being infringed.
  2. Specific identification of the copyrighted work which you are alleging to have been infringed. If you are alleging infringement of multiple copyrighted works with a single notification you must submit a representative list which specifically identifies each of the works that you allege are being infringed.
  3. Specific identification of the location and description of the material that is claimed to be infringing or to be the subject of infringing activity with enough detailed information to permit The Site to locate the material. You should include the specific URL or URLs of the webpages where the allegedly infringing material is located.
  4. Information reasonably sufficient to allow The Site to contact the complaining party which may include a name, address, telephone number and electronic mail address at which the complaining party may be contacted.
  5. 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Site's Copyright agent can be contacted by email for any notice of claims of copyright infringement at: legal@toointeractive.com

Please also note that under applicable law, 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Our responsibilities

We will operate the Site with the reasonable skill and care of an online service provider.

We will do our best to maintain the operation of the Site, however, we may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the service as soon as possible after any suspension.

If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, disputes involving our employees), we will not be liable for this.

Associate Websites

By registering with the Site you acknowledge and accept that all Content that you post to the site may be searchable and available to users via different websites from the Site operated by TI. You further acknowledge and accept that other members you may view and communicate with via the Site may have registered and be submitting Content through a number of different websites.

TI make an effort to ensure that members are not connected with other members that may be inappropriate and therefore apply various classifications to members. By registering with the Site you acknowledge and accept that TI may apply certain classifications to your profile due to your registration via the Site and may use such classifications to restrict:

  1. the availability of communication between yourself and other members;
  2. the availability of the details of other members and yourself; and
  3. the availability of your details to other members.

Limitation on Liability

To the maximum extent permitted by law, TI excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to TI and TI shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • any incorrect or inaccurate information on the Site and all interruptions to or delays in updating the Site;
  • the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Site;
  • any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Site, or from transmissions via emails or attachments received from TI or its licensees;
  • all representations, warranties, conditions and other terms which but for this notice would have effect whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
  • These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit TI's liability for death or personal injury resulting from its negligence nor any fraudulent representation.

Indemnity

You agree to indemnify TI, its officers, directors, employees, agents and third parties for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of: (i) your use of or inability to use the Site or Services, (ii) any content or information posted by you, (iii) your violation of these terms of use or your violation of any rights of a third party, or (iv) your violation of any applicable laws, rules or regulations.

TI reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to provide TI with full co-operation if TI chooses to exercise this right.

Release

In the event that you have any claim or action against any other member arising from that member's use of our Site, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.

In the event that a claim or action is brought against us from your activities or use of the Site or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.

Dispute resolution

These Terms shall be in accordance with and governed by the laws of Nevis. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this website shall lie only in the courts of Nevis, and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

You agree that TI has the right to assign or sub-contract any or all of its obligations under these terms and conditions.

You shall not, without our prior written consent, assign these terms and conditions.

General

If we do not enforce any provision of these Terms such will not be considered a waiver of any provision or right.

In the event that any part of these Terms is held to be unenforceable, such part will at our option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.

We makes no representation that materials on this website are appropriate or available for use in any particular locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use this website in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and we shall not have any liability with respect to such use.

These Terms, the Privacy Policy, Community Guidelines and the price lists for subscriptions contained on the Site constitute the entire agreement between you and TI and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.

Contact

You can contact us about any problems or questions with this Site via the contact us page. We reserve the right not to respond to any membership queries that do not include your username or account email.

These Terms were last update 14th February 2016