A.) 1. Bienaime Agency Subscription accessed at www.bienaimeagency.com/subscribers (“Subscribers” or the “Website”) is a restricted section on our website that allows users (“subscribers”) to view “fine art” photography and video created by Bienaime Agency at a monthly subscription price. Bienaime Agency Subscription is operated by Bienaime Agency, LLC, with company document number: L11000101456 and registered address located in South Florida.

1a. These Terms of Service, govern your use of Bienaime Agency, including any content, functionality, and services offered on or through the Website. By registering with Bienaime Agency and using our subscription service, 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 Agency Subscription service 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.

1c. This Website is only offered and available to users who are 18 years of age or older. You agree, by using this website, to meet all of the foregoing eligibility requirements and you represent and warrant that you are of legal age to form a binding contract with us. You must not access this website if all the requirements are not met.

1d. By signing up for a Bienaime Agency subscription services 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 [email protected], with your withdraw request.

1e. Video and Photo Content posted under our subscription service are all owned by Bienaime Agency. 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.

1f. We reserve the right at any time and without notice to:

1f1. modify, suspend or terminate your Bienaime Agency Subscription Account or any portion thereof;

1f2. restrict (permanently), limit, suspend or terminate your access to Bienaime Agency website, Bienaime Agency Subscription Services, or any portion thereof;

1f3. investigate any suspected or alleged misuse or unlawful use of Bienaime Agency website, Bienaime Agency Subscription Services, and cooperate with law enforcement in such investigation;

1f4. disclose information about your use of Bienaime Agency Subscription in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order.

2. How It Works

2a. “Subscribe” is a restricted section of the Bienaime Agency website that allow users, 18 and over, to sign up and pay for a monthly subscription in order to gain access and view photo and video content created and posted by Bienaime Agency.

3. Account Registration

3a. To register and create an account on Bienaime Agency, you must provide full name, current street address, current contact number, a valid email address, a username, and a password. After payment is made, your account will then be sent to moderation for approval by one of our representatives. This process can take up to 1-3 business days. You agree that all the information you provided during registration on the website is correct, current, and complete.

3b. If you are looking to subscribe, you must provide a valid payment card. When adding a credit card payment, we use a payment processor called STRIPE. Bienaime Agency does not store any payment card information.

3c. By registering on Bienaime Agency, you confirm that:

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 Agency ONLY to view photo and video content and, you will not sell, rent or transfer your account to any third party; and Bienaime Agency 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 its reasonable satisfaction. We have the right to restrict you from accessing our website, disable any user name, 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.

4. Refunds

4a.) All subscription payments made on Bienaime Agency website are non-refundable. You are entitled to cancel any subscription, for any reason and at any time, thereby ensuring that you will not be billed again for that subscription. However, any purchase made on Bienaime Agency website and subsequently subject to a chargeback will result in the User’s account being immediately and permanently excluded from Bienaime Agency.

5. Account Deactivation

5a.) Should you wish to cancel your subscription, you can do so by clicking “My Subscriptions”, and under the Account tab, click “cancel subscription”.

6. Intellectual Property Rights

6a.) Bienaime Agency shall be the sole owner of the copyrights of the Contents, including but not limited to, all photographs, video, and other intellectual property created and posted by us on our website. Users are prohibited from publishing or distributing for commercial use any of the content posted on Bienaime Agency website. Users are further prohibited from copying, publicly displaying, transmitting, storing, scanning, downloading, screen recording, sharing, altering, any content created or posted on the Bienaime Agency website.

7. Violating our terms will result in your account being immediately and permanently deactivated without warning. At anytime whatsoever, we DO NOT accept minors using our services. If we become aware that a subscriber 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 protected]

8. Governing Law and Dispute Resolution

8a.) 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.

9. Severability

9a.) 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.

10. Entire Agreement

10a.) This entire agreement between you and us regarding Bienaime Agency website, supersedes all prior agreements and undertakings, both written and oral, with respects to its subject matter.

11. Contact Us

If you have any questions or concerns about Bienaime Agency, please contact us at [email protected]

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