BeMyGuest

Terms and Conditions

THE PLATFORM

• BMG is an innovative aggregator platform meticulously designed to bridge the gap between providers and requesters of goods and services within a vibrant, community-driven network enabling seamless interactions between individuals who offer a diverse range of accommodations, products, and services (“Providers”) and those actively seeking these valuable resources (“Requesters”).
• Providers may list on the Platform, accommodations, either entire places (when they are not in residence) or shared accommodations (when they are present with the guest) which may be availed by the Requesters in need of such accommodations (“Accommodation”), products for temporary rental or sale transfer to the Requesters who seek to acquire these products (“Products”) and a range of services (“Services”) which the Requesters  may avail on the terms and conditions that may be agreed between the Providers and the Requesters.  
• The Platform features a wide range of Accommodations, such as short-term rentals, vacation homes, and unique stays, along with various Products that cater to diverse needs and interests, ensuring that Users have access to a comprehensive selection of options. Additionally, the Services offered span multiple categories including without limitation, childcare (e.g., babysitting, fun activities excluding medical and health care services), pet care (e.g., dog walking and pet sitting), transportation (e.g., carpooling), travel assistance (e.g., travel buddies), domestic support (e.g., cooking and personal training), logistical solutions (e.g., shipping), and creative endeavors (e.g., photography), etc. Requesters utilize the Platform to find and  avail these offerings. They can explore the extensive catalog of available Accommodations, Products, and Services to find the solutions that best meet their specific needs.
• Providers earn BMG Points (“BMG Points”) from Requesters in exchange for offering Accommodations, Products, and Services. For each Accommodation, Product, or Service provided, Providers have the autonomy to set the amount of corresponding BMG Points payable for the same. This means that Providers can establish their own point values depending on factors such as the type, quality, or duration of the offering. The final number of BMG Points charged for any given Accommodation, Product, or Service is entirely at the discretion of the Provider, reflecting their individual assessment of the value they provide and BMG does not play any role in assessing the correctness of the value or otherwise.
• The essence of BMG lies in its commitment to fostering a collaborative and supportive community. By facilitating these meaningful connections, BMG aspires to cultivate an environment where Users can both offer and receive offerings, thereby enhancing communal bonds which would foster a culture of shared resources and mutual support.

USE OF THE PLATFORM

Eligibility :-

• The User must be at least eighteen years old in order to access or use the Services.By completing the registration form, the User certifies that they are at least eighteen years old.
• The User is obligated to have the legal or contractual right to offer the Accommodation, Product, or Service through the Platform and must ensure this right is maintained throughout their use of the Platform
• The User must use their account exclusively for personal purposes and is prohibited from creating or using an account for business or commercial purposes

Registration and Account Creation :-

• To register for an account on the Platform, the User must provide personal information such as their first and last name, date of birth, phone number, and email address. Registration can be completed by entering an email address or using login information from a third-party social networking platform to access specific sections and features. If the User registers with an email address, they agree to create a unique password that will not be used for any other online product or service.
• By registering for an account, the User agrees to provide accurate, truthful, current, and complete information as requested during the registration process, and to promptly update their account information to ensure its accuracy and completeness. The User is responsible for securing their account by protecting their password and restricting access to their account. The User must immediately notify BMG of any security breaches or suspected unauthorized access related to their account and assumes full responsibility for all activities conducted under their account, including any risks associated with both authorized and unauthorized access.
• It is mandatory for Users to maintain up-to-date account information at all times. BMG will not be held responsible for any erroneous or fraudulent information provided by Users. BMG reserves the right to refuse the registration of any User or newcomer for any reason, at its sole and absolute discretion, without justification, recourse, or compensation.
• Upon registration, the User will provide an email for authentication. Each User is solely responsible for maintaining the confidentiality of their login credentials and must not disclose them to anyone. The User is responsible for any use of their login by a third party and for any actions or statements made by a third party through their account, whether fraudulent or not, and releases BMG from any liability related to such claims. BMG also declines any responsibility in the case of identity theft. If a User suspects that their identity or account is being used fraudulently, they must immediately notify the BMG Team. In the event of the loss or theft of their account credentials, the User must promptly change their credentials and will be solely responsible for any damages related to such loss or theft
• Users agree to create and/or use only one BMG account. Any exceptions to this rule require prior written approval from BMG. Accounts created in violation of this policy will be subject to immediate suspension and/or termination.

ACCOUNT VERIFICATION

• When a User creates an Account, the BMG team initiates a verification process for the User's name, address, telephone number, and email address. The User is required to provide proof of address and a valid form of identification. BMG reserves the exclusive right to accept or reject the documentation provided for verification at its sole discretion.
• Email address and phone number verification are conducted through an automated service. BMG may use the services of a third party to carry out this verification. Verified email addresses and phone numbers will be marked accordingly in the User’s profile. Once the User’s name, address, telephone number, and email address have been successfully verified, the User will be designated as a “Verified User” in their profile.
• However, the verification of a User’s email address or phone number does not guarantee the accuracy or authenticity of any content or listings provided by that User. BMG does not conduct investigations into or verify a User’s reputation, conduct, morality, criminal background, or any other information submitted by Users.
• Users are advised to exercise caution when interacting with other Users, especially when meeting strangers in person for the first time.

USER REPRESENTATIONS AND WARRANTIES

In accessing and using the Platform, the Users represent and warrant that they:

• Will provide accurate and truthful information when creating an account or communicating with other Users and not create multiple or fraudulent accounts.
• Are of legal age and capable of entering into binding contracts in their jurisdiction;
• Are using their legal name and/or legal business name, as indicated in official identification documents, and shall keep their profile photo up to date.
• Have the authority to enter into this Agreement, post listings, and offer Accommodations, Products, or Services;
• Shall request and/or provide the Accommodation, Products or perform Services only in jurisdictions where the Platform operates;
• Will ensure all exchanges of Accommodations, Products, or Services occur exclusively through the Platform;
• Will not collect or use personal information relating to other Users, including email addresses, without obtaining their explicit consent;
• Shall not interfere with other Users’ accounts, circumvent access restrictions, or use automated tools such as spiders, bots, or scrapers to extract content from the Platform;
• Shall respect the privacy, property, and data protection rights of other Users, and obtain prior written consent before recording or sharing any interactions;
• Shall not post or transmit any material that is defamatory, misleading, abusive, obscene, rude, offensive, sexual, threatening, harassing, discriminatory, or illegal, including any content that infringes upon the rights of others, such as intellectual property rights or privacy rights;
• Shall avoid uploading or transferring files containing viruses, corrupted data, Trojan horses, malicious code, or other software designed to damage or gain unauthorized access to another User’s computer or data;
• Shall not use the Platform to acquire or deliver controlled substances, illegal items, or Services;
• Use the Platform in compliance with all applicable laws and do not engage in discriminatory practices, fraudulent transactions, or any conduct that could expose BMG, other Users, or themselves to civil or criminal liability;
• Assume full responsibility for all uses of information and interactions on the Platform;
• Shall conduct all interactions professionally and responsibly, fulfill commitments, communicate clearly through the Platform’s messaging system, and be present or available as agreed;
• Shall be solely responsible for the communications and relationships with other Users;
• Shall ensure that all communications related to requests and offerings remain within the Platform, before, during, and after engagements;
• Shall utilize only the designated system provided by the Platform for handling transactions, which involves using BMG Points exclusively with no monetary transactions;
• Shall not accept payments from third parties for conducting any activities on the Platform that violate these Terms;
• Understand that BMG may, at its discretion, monitor their use of the Platform to ensure safety and compliance with these Terms and applicable laws.
• Shall fully comply with all Terms of the Agreement, including these Terms and any applicable Supplemental Terms;
• Shall adhere to all relevant local, state, provincial, national, and international laws in relation to the access and/or use of the Platform including providing Accommodation, Products and Services.

INTERACTION AMONG THE USERS

• The Platform enables the Users to communicate with one another wherein BMG serves solely as a facilitator for these interactions and transactions. The Platform itself is not a party to, nor does it have any involvement, interest, or control over, the communications, transactions, interactions, disputes, or any other relationships between Users and any other individuals. BMG makes no representations or warranties regarding these interactions and assumes no responsibility or liability for them. Users are solely responsible for their interactions with other Users. While BMG reserves the right to monitor interactions between Users, it does not have an obligation to do so.
• Users are advised to exercise good judgment and prioritize safety when engaging with other Users of BMG. As BMG is merely a Platform for facilitating connections and communications, Users acknowledge and agree that in the event of a dispute with one or more other Users, they release BMG (including its officers, directors, members, employees, agents, and affiliates) from any claims, demands, and damages—whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or connected with such disputes, to the fullest extent permitted by applicable law.

CONDUCT OF THE USERS AND CONTENT MANAGEMENT

• BMG provides interactive areas where Users can create, post, or store content, including text, messages, materials, data, information, photos, graphics, videos or other items ("User Content"). Users are solely responsible for their use of these interactive areas and agree that such use is at their own risk.
• Users must ensure that any User Content they submit, post, or transmit complies with all applicable local, state, national, and international laws and regulations. BMG does not pre-screen User Content but reserves the right to remove or block any content that it deems to be in violation of these terms or for any other reason at its sole discretion.
• User Content does not reflect the views of BMG and has not been verified or approved by us. The Users acknowledge and agree that BMG is neither involved in the creation or development of User Content nor does it control such content; consequently, BMG is not responsible or liable for any User Content, including its accuracy or any results obtained from its use or reliance.
• To the extent permitted by law, Users grant BMG a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), and transferable license to use their User Content. This license includes the right to publish, reproduce, disseminate, transmit, distribute, modify, adapt, translate, create derivative works from, publicly perform, exhibit, and display User Content, in whole or in part, across any media, form, or technology now known or developed in the future. This also includes the use of User Content for advertising, marketing, and promotion of the Platform, without any need for further approval or compensation to Users.
• Users also acknowledge and agree that this license in addition to the User Content, extends to BMG and its Affiliates’ use of their name, username, image, likeness, voice, screenname(s), and any biographical or identifying information (collectively, “Likeness”) in connection with their use of the Platform. This includes use on BMG’s websites, social media, and other digital or other platforms owned or controlled by BMG and / or its Affiliates.
• Additionally, the Users represent and warrant that their User Content will not:
• Be false, inaccurate, incomplete, or misleading;
• Be fraudulent or involve the sale or transfer of illegal, counterfeit, or stolen items;
• Violate any third-party rights, including privacy, copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity and personality as recognized by law in the relevant jurisdiction;
• Breach any applicable laws or regulations, including those related to export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred, false advertising, anti-spam, or privacy;
• Be defamatory, libelous, malicious, threatening, or harassing;
• Be obscene, contain pornography (including child pornography), or be harmful to minors;
• Contain viruses, malicious code, or other harmful programming routines designed to damage, interfere with, or expropriate any system, data, or personal information;
• Impersonate any person or entity, nor will it falsify or otherwise misrepresent the User’s identity or affiliation with any person or entity, whether by providing false information or by omitting relevant information;
• Imply or falsely suggest any affiliation with or employment by BMG, or act as a representative or agent of BMG; or
• Create liability for BMG or cause BMG to lose its Internet Service Providers (ISPs) or other key partners and suppliers.
• Users hereby waive any "moral rights" associated with their User Content (to the extent permitted by law); and all claims related to the User Content and BMG’s use thereof, including any claims concerning their Likeness. Users agree to release BMG and its affiliates, officers, directors, employees, agents, and representatives (collectively, the "BMG Parties") from, and agree to hold such Parties harmless from, any and all liabilities, including but not limited to defamation, malicious falsehood, invasion of privacy, data protection, publicity or personality rights, or any similar issues, arising from or related to BMG’s use and exploitation of the User Content and Users' Likeness as permitted herein.
• These releases are intended to cover all claims, whether now known or unknown, with the intent of waiving the effect of any applicable laws, including California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
• Users hereby agree to indemnify and hold harmless the BMG Parties from any claim, liability, loss, damages or otherwise (including reasonable attorney fees and other legal costs) in respect of claims or actions initiated by other Users or third parties arising from the use of the Platform by the indemnifying Users.
• BMG reserves the right to disclose the identity of a User who has posted content that is claimed to infringe upon the rights of others. This disclosure allows affected parties to address their concerns directly with the concerned User.
• If you encounter content on our Platform that you believe is objectionable or infringes on your rights or those of others, we encourage you to report it to BMG at support@heybmg.com. For urgent matters involving content that promotes crimes against humanity, incites violence or hatred, or includes child pornography, you must immediately notify BMG at :-

DISCLAIMERS REGARDING PROVIDER AND REQUESTER TRANSACTIONS

General Disclaimers:

• The decision to accept or reject a request for Accommodation, Product or Service is solely at the discretion of the Provider. BMG assumes no responsibility for the Provider’s decision-making process regarding requests. Similarly, BMG is not responsible for any Requester’s choice to utilize the Provider’s Accommodation, Products, or Services.
• The responsibility for selecting and finalizing the terms of any transaction between Providers and Requesters rests solely with the involved parties.
• BMG does not control, guarantee, or endorse the existence, quality, safety, sustainability, or enforceability of any Accommodation, Product, Service, or User profile. Additionally, BMG does not verify the accuracy or truthfulness of any descriptions related to Accommodations, Products, Services, or User profiles, nor does it oversee the performance or conduct of any User, whether Requester or Provider. Users are not allowed to provide or avail any medical services, emergency health service, psychological counseling, professional services including but not limited to legal, accounting and financial advisory or any other services that can only be provided pursuant to a certification or degree.
• Any references to a User being "verified" or similar terms simply indicate that the User has completed a relevant verification process as per BMG’s own policy and does not imply any endorsement, certification, or warranty by BMG regarding the User’s identity, history, reliability, safety, suitability of their offering.
• Requesters are responsible for exercising their own due diligence and taking all necessary precautions when deciding whether to avail themselves of an Accommodation, Product, or Service, enter into agreements with Providers or other Requesters, or communicate and interact with other Users, either online or in person.
• BMG shall not be liable for any damages, actions, or omissions by Users arising from direct transactions or interactions between Users. BMG merely facilitates the connection between Providers and Requesters and does not engage in or assume responsibility for the transactions themselves.

Accommodation:

• The Platform does not verify the title or the ownership of Accommodations listed herein. Users are advised to ensure that they are engaging with legitimate property owners or their authorized representatives. The Platform shall not be held liable for any disputes arising from ownership or possession of Accommodations. Users are advised to perform due diligence by conducting their own inquiries regarding the title or the ownership of the property and the legitimacy of the Provider before making any reservations. Further, the Platform does not guarantee peaceful possession of any Accommodations listed.
• The Platform shall not be liable for any loss, theft, or damage to personal property or person during a User’s stay at an Accommodation. Users are advised to take necessary precautions to safeguard their belongings.
• Providers shall ensure compliance with all relevant local, state, provincial, national, and international laws and regulations pertaining to registration and operation of their Accommodation. The Platform assumes no responsibility for any violations thereof.
• The Platform does not guarantee the safety measures or overall suitability of Accommodations for any guests, including children and individuals with special needs. Users are encouraged to verify all safety and accessibility features, as well as health protocols, directly with the Accommodation provider prior to booking. The Platform makes no representations regarding compliance with specific health guidelines.
• The Platform does not guarantee that Accommodations will match their descriptions. Users are advised to verify all details with the Providers prior to booking, as the Platform is not liable for any discrepancies between listings and actual state of affairs of the Accommodations.
• The Platform is not liable for any cancellations or changes to bookings due to lockdowns, curfews, or similar restrictions, whether imposed by government authorities or other circumstances. Users are responsible for staying informed about any regulations or conditions that may affect their travel plans.
• The Platform is not liable for cancellations or disruptions due to adverse weather conditions or other force majeure events. Users should consider weather forecasts and verify Accommodation accessibility when making travel plans.

Products:

• The Platform does not guarantee the ownership of Products listed. Requesters are encouraged to verify the ownership and authenticity of Products directly with the Provider.
• Users are responsible for ensuring that the Provider possesses a valid license to rent or sell the Product, if applicable depending upon the nature of the Products. The Platform makes no representations regarding the legality or licensing of the Products offered.
• The Platform does not guarantee that Products are free from hazards. Users accept all risks associated with their purchases and/or rentals and are responsible for reviewing the safety information and warnings to ensure that the Products meet their safety needs.
• The Platform does not provide any warranties for Products sold/rented between Users.

Services:

• The Platform does not warrant that Users providing Services possess the necessary licenses or qualifications that may be necessary for offering the Services. Users engaging with Service Providers should conduct their own due diligence to ensure that the Services meet their legal and regulatory requirements.
• The Platform does not warrant that Service Providers comply with all relevant local, state, provincial, national, and international laws and regulations. Users availing the Services are responsible for verifying the compliance of Service Providers.
• The Platform does not warrant the quality or reliability of Services provided. Users are encouraged to assess the qualifications, experience, and past performance of Service Providers before availing their Services.
• The Platform does not warrant that Service Providers have adequate insurance coverage in respect of the Services. Requesters should verify insurance before availing the Services and assume all related risks.

INTELLECTUAL PROPERTY RIGHTS AND LICENSE

Copyrights:

• Unless otherwise specified, the Platform and all content and materials associated with it, including but not limited to the BMG logo, designs, text, graphics, images, videos, information, data, software, sound files, and other files, and their selection and arrangement (collectively referred to as “BMG Materials”), are the exclusive property of BMG, our licensors, or its members, whether or not these BMG Materials are registered, subject to pending application, or otherwise under any legal process.
• The Users are granted a limited, non-exclusive, and non-transferable license to access and use the Platform and BMG Materials. This license is subject to these Terms and does not include the following:
• Any resale or commercial use of the Platform or BMG Materials.
• Distribution, public performance, or public display of any BMG Materials.
• Modification or creation of derivative works based on the Platform or BMG Materials, unless such modification or derivative use is specifically permitted by applicable law or provided under separate terms.
• Use of data mining, robots, or similar data gathering or extraction tools.
• Downloading any portion of the Platform offerings, BMG Materials, or related information, other than for page caching, except as explicitly permitted on the Platform.
• Any use of the Platform or BMG Materials beyond their intended purposes.
• Any use of the Platform or BMG Materials beyond what is explicitly authorized here, without prior written consent from BMG, is strictly prohibited and will result in termination of the license granted. Unauthorized use may also infringe upon applicable laws, including but not limited to copyright and trademark laws. Unless explicitly stated otherwise, nothing in these Terms grants any rights to intellectual property, whether by estoppel, implication, or otherwise. This license is revocable at any time.

Copyright Complaints:

• If you think, in good faith, that any Products or Services offered on or in conjunction with the Platform infringe upon your copyright or other intellectual property rights, please report the following information to BMG:
• First, submit a clear description of the copyrighted material you claim has been infringed. This should provide the URL or precise area on the Platform where the material you believe is infringing is visible, with enough specificity to allow BMG to locate the work in concern. Additionally, identify the site where the original or an authorized copy of the copyrighted work exists, such as the URL where it is posted.
• Next, enter your complete name, email address, phone number, and address. Add a declaration stating that you believe in good faith that the disputed use is not permitted by the law, the copyright owner, or its agent. Additionally, affirm under penalty of perjury that you are the copyright owner or have permission to act on their behalf, and that the information in your notice is correct.
• Lastly, sign this document electronically or physically indicating that you are the copyright owner or that you have the authority to act on their behalf.
• The above information must be submitted to BMG, using the following contact information:
• Address: 35 Hudson Street, Jersey City, New Jersey -07302, US.
• Tel: 201 779 9562
• Email: support@heybmg.com.
• Under U.S. federal law, knowingly misrepresenting that online material is infringing may lead to criminal prosecution for perjury and civil liabilities, which could include monetary damages, court costs, and attorneys' fees.
• Please be aware that the procedure outlined here is solely for notifying BMG and its Affiliates of alleged copyright infringements involving your material. The requirements described are intended to meet BMG's obligations under the Digital Millennium Copyright Act of 1998 (as amended, “DMCA”), including 17 U.S.C. §512(c), but do not serve as legal counsel. It is recommended that you seek advice from a legal professional regarding your rights and responsibilities under the DMCA and other relevant laws.

Trademarks:

• The term “BMG,” and any associated logos or offering names featured on our Platform are trademarks of BMG and cannot be copied, imitated, or used, either wholly or partially, without prior written consent from BMG or the relevant trademark holder whether or not such trademarks are registered, subject to pending application, or otherwise under any legal process. This includes the use of metatags or other hidden text that incorporates 'BMG' or any other BMG name, trademark, or identifier without our explicit written permission.
• Additionally, the design elements of our Platform, such as page headers, custom graphics, button icons, and scripts, represent the trademark and/or trade dress of BMG. These elements may not be reproduced, imitated, or used, in full or in part, without our prior written approval. Other trademarks, registered trademarks, product names, and logos mentioned within our Platform are the property of their respective owners. Any references to Products, Services, processes, or other information by trade name, trademark, manufacturer, or supplier do not imply endorsement, sponsorship, or recommendation by us.
• Authorized use of BMG trademarks must comply with the guidelines provided by BMG.
• Our logos and trademarks, including but not limited to terms like “BMG” and associated visual elements present across our Platform, are protected under trademark laws. While we do permit the use of these trademarks in certain approved contexts, such as for creating personal merchandise or establishing local community social media pages, any such use requires prior written permission. For details on how to obtain authorization for trademark write to us on support@heybmg.com.

REPEAT INFRINGERS

• In accordance with the Digital Millennium Copyright Act (“DMCA”) and other relevant laws, BMG has implemented a policy of terminating accounts, at our sole discretion, for users who are identified as repeat infringers. Additionally, BMG reserves the right to restrict access to our Platform and/or terminate the accounts of any Users who are suspected of infringing on the intellectual property rights of others, regardless of whether there is a pattern of repeat infringement.

LINKS TO THIRD PARTY WEBSITES

• The Platform may include links to third-party websites, such as hyperlinks, framed external sites, and advertisements (including banners and other promotional content). These links are maintained by third parties over which BMG has no control.
• Such links are provided solely for the User's convenience and reference, and do not imply endorsement, warranty, or affiliation with the linked websites, their content, or their operators. By using these features or accessing these third-party websites, the Users agree to be bound by their respective terms of use and privacy policies. It is the Users’ responsibility to assess the content and relevance of the information they obtain from these external sites. Accessing and using these third-party websites is at their own risk.
• BMG is not obligated to monitor, review, or manage links to third-party sites, but reserves the right to do so at its sole discretion. BMG (a) disclaims all responsibility and liability for third-party links or websites, including any issues related to accessing or using these sites or their offerings, as well as any claims arising from them; and (b) will not be involved in any transactions between the Users and such third-party providers. Users agree to hold BMG harmless from any and all liability related to their access to and use of any third-party websites.

SUBMISSIONS

• Separate from any User Content, we welcome the Users' questions, comments, suggestions, and ideas regarding BMG and our Platform (collectively referred to as “Submissions”). If the Users’ submit any such feedback classica, whether via email or through other means, they agree that it will be considered non-confidential (unless BMG explicitly states otherwise in writing) and will become the sole property of BMG.
• BMG will have exclusive ownership rights, including all associated intellectual property rights, and may use and distribute these Submissions for any purpose, whether commercial or otherwise, without restriction. The Users understand that BMG is not required to provide any acknowledgment or compensation for their Submissions.

CANCELLATION AND TERMINATION

Cancellation:

• You can cancel your registration with BMG at any time. In case you want to delete your account on the Platform, log in to your account, navigate to 'Settings’ and click on the ‘Delete account’ option.
• Upon cancellation, your data will be deleted unless you have any pending bookings. If you initially signed up for BMG using a third-party account, and wish to cancel your registration, you may need to manage this through that third party. This might involve visiting your third-party account to disable auto-renewal or cancel your membership through that service. You can also review membership details by logging into your third-party account.
• Please note that if the Users cancel their membership, they shall not be entitled to a refund for any portion of their membership fee (if paid). Please be aware that even in the event of cancellation of the membership, Users will remain liable for any obligations or liabilities arising from their use of the Platform, including those that may emerge after their membership period ends. This includes any issues or claims related to their actions during or after the membership term.

Termination:

• If the Users are found to be in breach of these Terms, or any other applicable policies or guidelines established by BMG, we reserve the right, at our sole discretion and without prior notice, to take any of the following actions: (a) terminate your access to our Platform immediately, (b) deactivate or permanently delete your account along with all associated information, content, and files, and/or (c) restrict your access including but not limited to any related files or documents.
• In the event of termination, the Users are strictly prohibited from creating a new BMG account or attempting to access our Platform without obtaining prior written permission from us. Any attempt to circumvent this prohibition may result in further legal action.
• Termination of your account may occur for reasons including but not limited to, violations of these Terms, fraudulent activities, abusive behavior, or any actions that compromise the safety, integrity, or functionality of our Platform. BMG also reserves the right to terminate or suspend your access if the Users engage in conduct that we determine, in our sole discretion, to be harmful to our Platform, other Users, or third parties.
• Even after the rights of the Users to use the Platform are suspended, terminated, or otherwise limited, the terms of the Agreement will remain fully enforceable against such Users. BMG reserves the right to pursue appropriate legal action to enforce the Agreement and address any breaches.
• Upon termination, all rights granted to the Users under these Terms will immediately cease, and the User shall cease to use our Platform. We will not be liable for any losses or damages incurred by the Users as a result of such termination. Furthermore, the Users acknowledge that any information or content associated with their account may be permanently removed and that BMG will have no obligation to retain or provide them with any such content.

MODIFICATION AND CESSATION OF THE USE OF THE PLATFORM

• We reserve the right, at our sole discretion and without incurring any liability to the Users, to modify, suspend, or discontinue any part of our Platform, whether temporarily or permanently, with or without prior notice. This includes, but is not limited to, the ability to alter or remove any features, content, or functionality of the Platform.
• Such modifications or discontinuations may be implemented for reasons including, but not limited to, maintenance, updates, changes in business strategy, or other factors deemed necessary by us. We are under no obligation to provide advance notice or to offer compensation for any disruptions or changes in the Platform.
• By using our Platform, Users acknowledge and agree that we will not be liable for any consequences, losses, or damages arising from such modifications, suspensions, or discontinuations.

SUBSCRIPTION CHARGES

• Upon successful completion of the verification process, every User will receive certain predetermined BMG Points, which can be utilized to avail various offerings on the Platform. These BMG Points serve as a reward for engaging with the Platform's features. If a User exhausts their BMG Points, they shall be entitled to earn additional BMG Points by providing offerings on the Platform, thereby encouraging active participation and contribution within the community.
• Currently, BMG does not impose any membership or subscription fees. However, BMG reserves the right to introduce subscription charges in the future. In the event that subscription charges are implemented, BMG will provide Users with at least 1 (One) month's advance notice. If a User does not agree to the new subscription charges, their access to the Platform may be partially or completely restricted, and they may not be able to use the Platform until the subscription fee is paid.

TAXES

• Any taxes, duties, or other governmental charges imposed on the membership fees (if paid) are the responsibility of the Users. Such taxes will be added to the membership fee and are non-refundable upon cancellation.
• If Users earn any income through the Platform, they are responsible for reporting and paying all applicable taxes on such income. BMG will not withhold any taxes on behalf of Users, and they must ensure compliance with all tax regulations relevant to their jurisdiction.

DISCLAIMER OF WARRANTIES

• By using our Platform, the Users acknowledge and agree that they do so at their own risk. Our offerings are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement in relation to our Platform, including any information, content, or materials contained therein.
• We do not make any representations or warranties that: (a) our Platform will meet the Users’ specific requirements; (b) the access to our Platform will be uninterrupted, timely, secure, or free from errors; (c) any information obtained through our Platform will be accurate, reliable, or complete; (d) the quality of any Products, Services, information, or other materials purchased or obtained through our Platform will meet your expectations; (e) any information you provide or that we collect will remain confidential or not be disclosed to third parties; or (f) any errors or defects in any data or software will be corrected.
• Users are solely responsible for any content they access or transmit through the use of our Platform. All such access and transmission are done at their own discretion and risk. We are not responsible for any loss or damage that may arise from accessing or transmitting content. We recommend that Users use industry-recognized software to detect and remove viruses from any downloaded content to safeguard their devices and data.

LIMITATION OF LIABILITY

• To the fullest extent permitted by applicable law, BMG, along with our directors, members, employees, or agents, shall not be held liable for any special, indirect, consequential, or punitive damages. This includes, but is not limited to, loss of use, loss of profits, or loss of data, whether such damages arise from an action in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. This limitation of liability applies to, but is not limited to, the following situations:
• Any issues related to the use of or inability to use our Platform.
• The cost associated with the replacement of any Accommodation, Products, Services, or information purchased or obtained as a result of transactions or information obtained through our Platform.
• Unauthorized disclosure of, access to, or alteration of your content.
• Damages resulting from the loss or corruption of data or programs, Platform interruptions, or the need to obtain alternative solutions, even if we have been informed of the potential for such damages.
• Statements, conduct, or omissions by any Providers or other third parties interacting with our Platform.
• Actions or omissions by you or any other Users in connection with the use of our Platform.
• Any other issues arising from, relating to, or connected with our Platform or these Terms.
• We shall not be liable for any failure or delay in performing our obligations under these terms if such failure or delay is due to causes beyond our reasonable control, including but not limited to, natural disasters, acts of war, terrorism, strikes, or other events of force majeure.
• Our total liability to the Users or any third party for any claim arising from or relating to our offerings or these Terms shall not exceed the sum of one hundred US dollars ($100).
• Notwithstanding any provisions in these terms, nothing herein excludes or limits our liability for death or personal injury resulting from our negligence or for fraud.
• By using our Platform, the Users acknowledge and agree to these limitations of liability, and they understand that these limitations are a fundamental basis of our Agreement with them.

DISPUTE RESOLUTION

THIRD PARTY DISPUTES AND EXEMPTION

• Users will remain solely responsible for any claims, demands, or damages arising out of the breach of any third party agreements or obligations to which the Users or their Accommodations, Products or Services are subject, including, but not limited to, licenses, leases, insurance policies, homeowners association bylaws, condominium or cooperative board rules, and state and local laws. The Users hereby unconditionally and forever release BMG from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of any third party agreement or obligation to which the User or its Accommodation, Product or Service is subject.

ARBITRATION AGREEMENT

• In case of any dispute with BMG, the User and BMG shall first resolve such a dispute by mutual discussion. This provision shall only apply to disputes between the Users you and BMG arising under these Terms or our Privacy Policy, and not to any dispute between Users inter-se or Users and third persons. You may send a written description of your dispute. If, for any reason, the dispute is not satisfactorily resolved within ninety (90) days after BMG receives a written description of it, the Parties agree to the arbitration provisions below. To the extent permitted by applicable law, by agreeing to these Terms and by using the Platform, Users agree that any dispute between the Users and BMG arising out of or relating to these Terms or our Privacy Policy that is not satisfactorily resolved within ninety (90) days, shall be resolved by arbitration ("Arbitration"), conducted by a retired superior court judge or an impartial person selected from a list provided by the American Arbitration Association, to hear the dispute in New Jersey, using the commercial arbitration rules of American Arbitration (the "Applicable Rules"). The Parties may seek any interim or preliminary relief from a court of competent jurisdiction in New Jersey, necessary to protect the rights and property of BMG pending completion of the arbitration. The arbitration shall be conducted in English. The arbitrator shall have the power to grant any compensation that would be available in a court of law or in equity, and any award by the arbitrator shall be final and binding on each party. The arbitrator shall not, however, have the power to award punitive or exemplary damages, which each party hereby waives. The arbitrator shall apply the applicable law and the provisions of these Terms (or our Privacy Policy, if applicable) and any failure to do so shall be considered an abuse of arbiter’s power and grounds for judicial review. The arbitrator's decision shall include a written explanation and shall remain confidential. If any provision of this arbitration agreement contained in this section is found to be unenforceable, such provision shall be deleted, and the remaining terms of arbitration shall be enforced (but in no event shall there be collective, representative, or private arbitration by the attorney general). For purposes of this section, these Terms and related transactions shall be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). In addition, this section does not preclude a party from seeking interim relief in favor of the Arbitration in a court of appropriate jurisdiction. This section shall survive any removal from the Platform. If it is determined that the above arbitration provisions do not apply to you or to a particular claim or controversy, either as a result of your decision or as a result of an arbitrator's decision or court order, you agree that any claim shall be resolved exclusively in a state or federal court located in New Jersey. The Parties agree to submit to the personal jurisdiction of the courts located in New Jersey for the purpose of resolving any such claim or controversy. The parties are bound by the results of the Arbitration and the result of the Arbitration is final. You agree to service of process by email to the email address you have registered on the Platform. The parties shall each bear their own costs of the Arbitration. The prevailing party in any action arising out of or relating to this Agreement shall be entitled to recover costs, expert witness fees, attorneys' fees, and arbitrator's fees.

NULLITY WHERE PROHIBITED BY LAW

• The Platform and its content are intended to comply with the laws and regulations of the United States. BMG reserves the right to limit the access to the Platform to any User, geographic area, or jurisdiction and/or to limit the quantities of any service we provide. Any offer of service made on the Platform is void where prohibited.

WAIVER OF JURY TRIAL; NO CLASS ACTION

• The Parties acknowledge and agree that they waive the right to a jury trial for all disputes submitted to arbitration. They further acknowledge and agree that each of them waives the right to participate as a plaintiff or class member in any purported class action, class arbitration, private attorney general action, or other representative proceeding for any disputes. In addition, no appointed arbitrator may preside over any class or representative proceeding. If this paragraph is found to be inapplicable with respect to any dispute, the entire Arbitration Agreement shall be deemed null and void with respect to such dispute.

GOVERNING LAW

• For Users within the United States, the laws of the State of New Jersey shall apply.
• These governing laws apply unless federal, state, provincial, local, or international laws, rules, regulations, directives, judgments, or orders that are binding on you require that the Agreement or your use of the Platform be governed by the laws of the country where the task is performed. This provision is intended only to specify the laws used to interpret the Agreement and does not grant any non-residents of the specified country, province, or state the right to assert claims under those laws, whether by statute, common law, or otherwise. Additionally, nothing in this provision prevents BMG from bringing legal proceedings in any competent court to protect our intellectual property rights.

NOTICES

• Unless otherwise specified in the Agreement, all agreements, notices, disclosures, and other communications (collectively referred to as "Notices") under the Agreement must be in writing. Notices will be considered properly given when received, whether they are personally delivered or sent by certified or registered mail with return receipt requested; when receipt is confirmed electronically, if sent via facsimile or email; or on the day indicated by the tracking information of an overnight delivery service, if sent for next-day delivery.
• Notwithstanding the above, any Notices referenced in the Agreement will be delivered to you electronically (including, but not limited to, email or by posting Notices on the Sites), and you agree to receive Notices in this manner. All electronic Notices provided to you will fulfill any legal requirement that such communications be in writing.

REPORTING MISCONDUCT

• If Users encounter anyone through our Platform who they believe is behaving inappropriately, such as engaging in offensive, violent, or sexually inappropriate conduct, stealing from them, or engaging in any other troubling behavior, we strongly encourage them to report the individual to the appropriate authorities immediately. Additionally, Users should notify us by contacting us through the BMG Help Center. While we urge Users to report any misconduct, please be aware that BMG is not responsible or liable for the actions of its Users and is not obligated to take any specific action in response.

GENERAL PROVISIONS

Relationship of the Parties:

• The Agreement and the use of the Platform do not create, nor are intended to create, any agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship between Users and BMG. Users do not have the authority to act as representatives or agents for, or to bind BMG in any manner.

Entire Agreement:

• This Agreement (including any Terms linked to in, and incorporated by reference into, these Terms) represents the complete and exclusive understanding between Users and BMG regarding their use of the Platform, and it replaces all prior agreements, proposals, or communications on this subject. The provisions of this Agreement are intended to be interpreted in a way that makes them valid, legal, and enforceable.

Severability; Waiver:

• If any provision of the Agreement is found to be partially or wholly invalid, illegal, or unenforceable, (1) that provision will be modified or restructured as necessary to make it valid, legal, and enforceable, or (2) if it cannot be modified or restructured, it will be removed from the Agreement without affecting the validity, legality, or enforceability of the remaining provisions. A failure by BMG to enforce any provision of the Agreement does not constitute a waiver of any right or provision.
• Users acknowledge and agree that BMG may assign or transfer the Agreement without needing your consent. In such cases, BMG will notify the Users of the assignment, and they may, if legally permissible, terminate the Agreement and stop using the Platform. From the effective date of the assignment, (a) BMG will be relieved of all rights, obligations, and liabilities related to events occurring after the effective date of the assignment, and (b) the assignee will assume BMG's role in fulfilling the Agreement. Users may not assign or transfer the Agreement without our prior written approval. Any unauthorized assignment will be considered null and void. The Agreement benefits BMG, its successors, and assigns. Any provisions of the Agreement that, by their nature, should survive the expiration or termination of the Agreement will remain in effect even after the Agreement or your use of the Platform ends.

Language of the Agreement:

• The Agreement, both in whole and in part, is drafted in English. In the event of any discrepancies between the English version of the Agreement and any translated versions, the English text will take precedence.

Headings:

• Headings of sections are for convenience only and shall not be used to limit or construe such sections.