COPYRIGHT
IMPORTANT! PLEASE
READ THESE TERMS OF USE (THE “TERMS”) BEFORE USING WWW.BEOMAHA.COM (THE
“SITE”) AS THEY GOVERN YOUR USE OF THE SITE AND AFFECT YOUR LEGAL RIGHTS AND
OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATIONS AND
LIABILITY, YOUR INDEMNITY OF US AND MANDATORY ARBITRATION. PLEASE ALSO READ THE
PRIVACY POLICY BEFORE USING THE SITE. BY ACCESSING OR VIEWING THE SITE YOU ARE
AGREEING TO BE BOUND BY THE TERMS AND THE PRIVACY POLICY. DO NOT ACCESS OR VIEW
THE SITE IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS.
In some instances,
both these Terms and a separate terms of service or guidelines document setting
forth additional conditions may apply to a service or product offered via the
Site (“Additional Terms”). To the extent there is a conflict between these
Terms and any Additional Terms, the Additional Terms will control unless the
Additional Terms expressly state otherwise. Please also review the terms of the
Site’s Privacy Policy.
Table of Contents
The Site is owned by
Black Enterprise Omaha, LLC. Unless otherwise explicitly specified, all materials that
are included in or are otherwise a part of the Site (including past, present
and future versions), including, without limitation: graphics; layout; text;
instructions, images; audio videos; designs; advertising copy; logos; domain
names; trade names; trademarks, service marks and trade identities and
accompanying logos, designs and product marks); any and all copyright-able
material (including source and object code); the “look and feel” of the Site;
the compilation, assembly and arrangement of the materials of the Site; and all
other materials related to the Site (collectively, the “Materials”) are owned,
controlled or licensed by BEO, its subsidiaries or affiliates and are protected
from unauthorized use, copying and dissemination by copyright, trademark,
patent, publicity and other laws, rules, regulations and international
treaties.
The
Materials may not be copied, reproduced, downloaded or distributed in any way,
in whole or in part, without the express permission of BEO, unless and except as
is expressly provided in these Terms. Any unauthorized use of the Materials is
prohibited.
Subject to your
strict compliance with these Terms, BEO grants you a limited, personal,
non-exclusive, non-commercial, revocable, non-assignable and non-transferable
license to download, view and/or play one copy of the Materials (excluding
source and object code in raw form or otherwise, other than as made available
to access and use via standard web browsers to enable display on your device)
on any single computer for your personal, non-commercial use only, provided
that:
(a) you keep intact all copyright and other proprietary notices contained in
the original Materials or any copy you may make of the Materials;
(b) you do not use the Materials in a manner that suggests an association with
any of our products, services or brands;
(c) you make no modifications to the Materials;
(d)
you do not allow or aid or abet any third party (whether or not for your
benefit):
(1) to copy or adapt the object code of the Site’s software, HTML, JavaScript
or other code; or
(2) reverse engineer, decompile, reverse assemble, modify or attempt to
discover any source code that the Site uses to generate its web pages or any
software or other products or processes accessible through the Site; and
(e) you do not insert any code or product to manipulate the Materials in any
way that affects any user’s experience.
(f) You also agree that you will not:
(1) use any robot, spider, rover, scraper, or any other data mining technology
or automatic or manual process to monitor, cache, frame, mask, extract data
from, copy or distribute the Materials (except as may be a result of standard
search engine or Internet browser usage), nor will you
(2) modify, frame, reproduce, archive, sell, lease, rent, exchange, create
derivative works from, publish by hard copy or electronic means, publicly
perform, display, disseminate, distribute, broadcast, retransmit, circulate to
any third party or on any third-party web site, or otherwise use the Materials
in any way for any public or commercial purpose except as specifically
permitted by these Terms or BEO.
You may not use the
Web Sites for any purpose or in any manner that infringes the rights of any
third party. In accordance with the Digital Millennium Copyright Act of 1998
(the “DMCA”) (full text at http://www.copyright.gov), BEO has a designated agent
for receiving notices of copyright infringement and follows the notice and take
down procedures of the DMCA. We have a policy of terminating the accounts of
users who (in our reasonable discretion) are repeat infringers. If you believe
that any content on the Site infringes your copyright, please provide our Copyright
Agent with the following information:
(a)
A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located
on the Site;
(d) Your address, telephone number and email address;
(e) A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent or the law; and
(f) A statement by you, made under penalty of perjury, that the information in
your notice is accurate and that you are either the copyright owner or
authorized to act on the copyright owner’s behalf.
Our
Copyright Agent may be reached at:
Black Enterprise Omaha, LLC
Attention: Copyright Agent
P. O. Box 327
Omaha, NE 68111
NOTE:
This contact information is for inquiries regarding potential copyright
infringement only.
The statements,
opinions, and conclusions drawn on this Site and on linked sites are not
necessarily those of the advertisers. All users of this Site acknowledge that
this Site’s advertisers are not responsible for the content herein or on the
aforementioned linked sites.
The Site may provide
you and others with the opportunity to participate in forums, blogs, message
boards, social networking, social communities and other communication
functionality and may provide you with the opportunity, through such features
or otherwise, to submit, post, display, transmit, perform, publish, distribute
or broadcast content and materials to BEO or the Site, including, without
limitation, photographs, writings, music, video, audio recordings, computer
graphics, testimonials, pictures, data, questions, comments, suggestions or
personally identifiable information (collectively, “User Content”).
a. Except
as otherwise described in the posted Privacy Policy, or other agreement on the
Site at which you provide your User Content, you agree that your User Content
will be treated as non-confidential and non-proprietary and will not be
returned. You agree that you either: (i) own the
rights to the User Content you submit and the right to grant all of the rights
and licenses in these Terms; or (ii) you have all necessary rights and licenses
from the owner(s) of these rights to enter into these Terms and grant BEO these
licenses. Upon BEO’s request, you will furnish BEO any
documentation, substantiation or releases necessary to verify your compliance
with these Terms. You also acknowledge that the Internet may be subject to
breaches of security and should be aware that submissions of User Content or
other information may not be secure, and you should consider this before
submitting any information to BEO.
b.
You
grant to BEO the unrestricted, unconditional, unlimited, worldwide, irrevocable,
perpetual and royalty-free right and license to host, use, copy, distribute,
reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit,
publish, broadcast, modify, reformat, translate archive, store, cache or
otherwise exploit in any manner whatsoever, all or any portion of your User
Content for any purpose whatsoever in all formats; on or through any media,
software, formula or medium now known or hereafter developed; and with any
technology or devices now known or hereafter developed and to advertise, market
and promote the same. You further agree that BEO is free to use any ideas,
concepts, know-how or techniques contained in any User Content you send to the
Site or BEO, for any purposes whatsoever, including, without limitation,
developing, writing and publishing articles or other material and/or marketing
products or services using such User Content without remuneration of any kind.
You further perpetually and irrevocably grant BEO the unconditional right to use
and exploit your name, persona and likeness included in any User Content and in
connection with any User Content, without any obligation or remuneration to
you. You also grant to BEO the right to sub-license and authorize others to
exercise any of the rights granted to BEO under these Terms; and each such third
party will be entitled to benefit from the rights and licenses granted to BEO
under these Terms. You further authorize BEO to publish your User Content in a
searchable format that may be accessed by users of the Site and the Internet.
Except as prohibited by law, you waive any moral rights you may have in any
User Content you submit, even if such User Content is altered or changed in a
manner not agreeable to you.
c.
You
agree that BEO has no obligation to monitor or enforce your intellectual
property rights to your User Content but has the right to protect and enforce
its and its licensees’ licensed rights to your User Content, including without
limitation by bringing and controlling actions in your name and on your behalf
(at BEO’s cost and expense, to which you hereby
consent and irrevocably appoint BEO as your attorney-in-fact, with the power of
substitution and delegations, which appointment is coupled with an interest).
d.
You
further acknowledge and agree that BEO will not have any obligation to review,
monitor, display, accept or exploit any User Content and BEO may, in its sole
discretion, delete, move, re-format, edit, alter, distort, remove or refuse to
exploit User Content without notice or liability; provided, however, that BEO
reserves the right to treat User Content on any Site, or on certain portions of
any Site, as content stored at the direction of users for which BEO will not
exercise editorial control except, in our discretion, to enforce the rights of
third parties and the content restrictions set forth below in our Community
Usage Rules when violations are brought to BEO’s attention. Such User Content posted at your or other users’ direction need not,
however, be maintained on the Site by us for any period of time and you will
not have the right, once posted, to access, archive, maintain or otherwise use
such User Content on the Site. You agree and understand that BEO is not
obligated to use User Content and that you will not receive any consideration
or compensation for your User Content or for any exploitation of it.
The Site may offer
certain functionality facilitating “Viral Distribution” (defined below) of
certain authorized Materials on the Site. “Viral Distribution” means the
following, and for non-commercial purposes only: (a) sending certain Materials
authorized for Viral Distribution to friends, acquaintances at no charge by
e-mail or other forms of digital delivery; (b) reproducing copies of Materials
authorized for Viral Distribution for personal use; and (c) posting and
displaying a copy of Materials authorized for Viral Distribution on a personal
web site or on a third party web site that permits posting of content at the
direction of users subject to its terms and conditions, provided that such
third party web site does not charge for access to the Materials or associate
products, services or advertising with the Materials authorized for Viral
Distribution.
You
agree to include, and not remove or alter, BEO’s trademark, copyright or other proprietary rights notices, as provided by BEO on
the Site and within digital content used to display any Materials authorized
for Viral Distribution and you agree to comply with any Viral Distribution
usage guidelines that may be provided by BEO from time to time. BEO does not
encourage or reward you for Viral Distribution and you agree not to engage in
spamming or other unlawful or controversial behavior in connection with any
Viral Distribution tools made available on or through the Site.
As a user of the
Site, you agree that these Community Usage Rules (“Rules”) are here to help you
understand the conduct that is expected of members of the BEOMAHA.COM online
communities (“Community”). Your participation in the Community is subject to
all the Terms, including these Rules. Please follow these Rules as you upload
any User Content, comment, reply, and create forum discussions with other
members of the Community:
a.
18
and older only please. Community members must be 18 years and older with no
exceptions. Membership through our registration process and agreement to these
Terms is required to participate in the Community.
b.
User
Content must be yours please. All User Content must be original with you, not
copied from someone else’s work, and you must have all rights in the User
Content; OR, all persons who contributed in any way or have any rights to your
User Content or otherwise appear in the User Content have given you permission
to upload and distribute the User Content on the Site and elsewhere.
c.
No
pictures or images of anyone but you and your friends and family. If you choose
to upload photos to the Site, link to embedded videos, or include other images
of real people, make sure they are of you or of you and someone you know
– but only with their express permission to post it.
d.
Don’t
upload third party materials. Your User Content should not contain any visible
logos, phrases or trademarks or other third party materials. Do not use any
User Content that belongs to other people and pass it off as your own. This
includes any content that you might have found elsewhere on the Internet.
e.
Do
we hear music? Your User Content may not contain any music unless the work and
performance is original with you and/or you have all rights to the musical work
(including any performances). No jingles, sampling or otherwise.
f.
Keep
it relevant. Your User Content should relate to the content on the Site,
including beauty, love, style, music, video and news and should be intended to
add to the discussion and community on the Site – it should not include
irrelevant topics or postings.
g.
Please
follow codes of social decency. Express yourself with non-offensive individual
self-expression. Be respectful of others opinions and comments so we can
continue to build a Community for everyone to enjoy. If you think your User
Content might offend someone, chances are it probably will and it doesn’t
belong on the Community. Cursing, harassing, stalking, posting insulting
comments, personal attacks, gossip or similar actions are prohibited. Your User
Content may not threaten, abuse or harm others. Your User Content may not
include any negative comments that are connected to race, national origin,
gender, sexual preference or physical handicap or that are defamatory,
slanderous, indecent, obscene, pornographic or sexually explicit.
h.
Do
not use the Community for commercial purposes. Your User Content may not
advertise or promote a product or service. You may not use your User Content to
raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
i.
Do
not upload User Content that is inappropriate or illegal. Your User Content may
not promote any illegal activity. If someone could go to jail for taking action
suggested by your User Content, don’t upload or post it. If you do upload or
post User Content that is illegal or in violation of applicable law, we reserve
the right to take action that we deem appropriate, in our sole discretion,
including reporting you to the proper governmental authorities.
j.
No
violence. Your User Content may not promote violence or describe how to perform
a violent act.
k.
Be
honest and do not misrepresent yourself or your User Content. Do not
impersonate any other person, user or company or upload or post User Content
that you know is false, fraudulent, deceptive, inaccurate, misleading or that
misrepresents your identity or affiliation with a person or company. If you
have received any free products/services, or anything else of value for your
comments about a product or service, disclose this in your User Content.
l.
Others
are watching. We hope that you will use the Community to exchange information
and content and have discussions with other members. However, please remember
that the Community is a public forum and User Content that you post on the
Community will be accessible and viewable by other users. Do not post personal
information (e.g. full name, password, phone number, address, e-mail address or
other personally identifiable information or contact information)
m.
Don’t
share other people’s personal information. Your User Content may not reveal another
person’s address, phone number, e-mail address, credit card number or any
information that may be used to track, contact, or impersonate that individual
or that is extremely personal in nature.
n.
Don’t
damage the site or anyone’s computers. User Content may not upload viruses,
Trojan horses, spyware or any other technologies that could impact the
operation of the Site or any computer system.
o.
We
reserve the right, in our sole discretion, to remove or disable content that is
flagged by users as inappropriate or any content that we find, in our sole
discretion or violates these Rules or any other Terms, or that we otherwise
find objectionable.
p.
We
reserve the right to disable or otherwise terminate the user accounts of users
that we determine to be in violation of these Rules or any other of the Terms,
or that post content which is repeatedly flagged by users as inappropriate.
Certain areas of the
Site may require registration or may otherwise ask you to provide information
to participate in certain features or access certain Materials or User Content.
The decision to provide this information is purely optional; however, if you
elect not to provide such information, you may not be able to access certain
Materials or User Content or participate in certain features of the Site. When
you provide information to the Site, you agree to provide only true, accurate,
current and complete information.
If
you register with us, you agree to accept responsibility for all activities
that occur under your account or password, if any, and you agree you will not
sell, transfer or assign your membership or any membership rights. You are
responsible for maintaining the confidentiality of your password, if any, and
for restricting access to your computer (or other Internet access device, as
applicable) so that others may not access the password protected portion of the
Site using your name in whole or in part. BEO reserves the right to terminate
your account or otherwise deny you access in its sole discretion without notice
and without liability.
You represent and
warrant that:
(a)
you are at least eighteen (18) years of age and you have the legal right and
capacity to enter into these Terms in your jurisdiction and to comply with
these Terms or, if you are a minor, your parent or legal guardian has read and
agreed to these Terms on your behalf;
(b) all information you provide to BEO is accurate and complete;
(c) you hold and will continue to hold all rights necessary to enter into and
perform your obligations under these Terms. You also agree that you will be
responsible for obtaining and maintaining all Internet, computer hardware and
other equipment needed for access to and use of the Site and you will be
responsible for all charges related thereto.
You are solely
responsible for your interaction with other users of the Site, whether online
or offline. We are not responsible or liable for the conduct of any user. We
reserve the right, but have no obligation, to monitor or become involved in
disputes between you and other users. Exercise common sense and your best
judgment in your interactions with others, when you submit or post any personal
or other information, and in all other online activities.
The Site may contain
or offer sweepstakes or other promotions, which may be governed by a separate
set of rules that describe the sweepstakes or promotion and may have
eligibility requirements, such as certain age or geographic area restrictions.
It is your responsibility to read those rules to determine whether or not your
participation, registration or entry will be valid and to determine the
requirements of you in connection with the applicable sweepstakes or promotion.
This Site contains
links to other web sites that we do not own (“Third Party Sites”).
(a)
Links to Third Party Sites. Links to Third Party Sites are provided solely as a
convenience to you and do not constitute any endorsement or sponsorship by BEO
of the Third Party Sites or the information, content, products, services,
advertising or other materials provided or made available on or through such
sites, or the owners, operators or sponsors of such sites. You acknowledge and
agree that we are not responsible or liable, directly or indirectly, in
connection with your use of any Third Party Sites or for any information,
content, products, services, advertising or others materials provided or made
available on or through such sites.
(b)
Third Party Content. We may make content provided by a third party, such as
articles or blog posts, available on the Site. Any views expressed in such
third party content are attributable to the author of the applicable content
and should not be attributed to BEO.
BEO grants you the
revocable permission to link to the Site; provided, however, that your website,
or any third party web sites that link to the Site:
(a)
may only link to the Site’s home page unless BEO has provided prior, written
consent to link to other pages;
(b)
must not frame or create a browser or border environment around any of the
Materials on the Site or otherwise mirror any part of the Site;
(c)
must not imply that BEO or the Site is endorsing or sponsoring it or its
products, unless BEO has given it prior written consent;
(d)
must not present false information about, or disparage, tarnish, or otherwise,
in BEO’s sole opinion, harm BEO or its publications or
services;
(e)
must not use any BEO trademarks without the prior written permission from BEO;
(f)
must not contain content that could be construed as distasteful, offensive or
controversial or otherwise objectionable (in BEO’s sole opinion); and
(g)
must be owned and controlled by you or the person or entity placing the link,
or otherwise permit you to enable such link subject to these Terms. By linking
to the Site, you agree that you do and will continue to comply with the above
linking requirements.
Notwithstanding
anything to the contrary contained in these Terms, BEO reserves the right to
prohibit linking to the Site for any reason in our sole and absolute discretion
even if the linking complies with the requirements described above.
To the extent
commerce applications are included within, or offered on the Site, they will be
governed by Additional Terms and any terms of sale that are posted therewith.
The Site may offer
features and services that are available to you via your mobile phone. These
features and services may include, without limitation, the ability to upload
content to the Site, receive messages from the Site, download
applications to your mobile phone or access Site features (collectively,
the “Mobile Features”). We may charge for Mobile Features and these charges
will be disclosed prior to completion of registration for the Mobile Feature.
Also, standard messaging, data and other fees may be charged
by your carrier. Fees and charges will appear on your mobile bill or be
deducted from your pre-paid balance. Your carrier may prohibit or restrict
certain Mobile Features and certain Mobile Features may be incompatible with
your carrier or mobile device. Contact your carrier with questions regarding
these issues. As applicable, instructions regarding how to opt-out of Mobile
Features will be disclosed in connection with Mobile Features. The instructions
will typically require you to text a keyword (e.g., “STOP,” “CANCEL,” “END,”
“UNSUBSCRIBE,” “QUIT,” etc.) to the applicable shortcode for the Mobile Feature.
You
agree that the Mobile Features for which you are registered may send
communications to your mobile device regarding BEO or other parties. Further, we
may collect information related to your use of the Mobile Features. If you have
registered for Mobile Features, you agree to notify BEO of any changes to your
mobile number and update your account(s) on the Site to reflect this change.
Any items that we
make available for download or use from the Site and/or our servers (the
“Downloadable Items”) are the copyrighted work of BEO or its licensors or
suppliers. Your use of the Downloadable Items may be governed
by Additional Terms, which may be included with the Downloadable Items.
Please carefully read any Additional Terms to determine the full extent of
conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED
BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if
you install certain applications that may be available via the Site, you
consent to the download of software to your computer and accept these Terms and
any Additional Terms related to such application.
THE SITE, INCLUDING,
WITHOUT LIMITATION, THE MATERIALS, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. EMO, IT AFFILIATES, LICENSORS AND VENDORS, AND ANY OF ITS
SUBSIDIARIES, PARENTS, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS,
AGENTS, REPRESENTATIVES, LICENSORS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE
“EMO PARTIES”), HEREBY EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR
MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM,
TRADE, QUIET ENJOYMENT, AND ACCCURACY OR COMPLETENESS OF CONTENT. THE EMO
PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE OR THAT
YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE OR SECURE, THAT
DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER THAT MAKES
IT AVAILABLE) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY
AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.
a.
THE
EMO PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER
ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY ARISING OUT OF
OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SITE OR THE MATERIALS,
OR YOUR USE OF THE SITE OR THE MATERIALS (INCLUDING, WITHOUT LIMITATION, CLAIMS
RELATED TO USER CONTENT POSTED ON THE SITE, OR THE SECURITY OF YOUR PERSONAL
INFORMATION), EVEN IF SUCH DAMAGES ARE FORESEEABLE OR EVEN IF THE EMO PARTIES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE EMO PARTIES
ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE,
OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM
ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR
NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, AND YOU ARE
SOLELY RESPONSIBLE FOR ANY REPAIR, REPLACEMENT, SERVICE OR OTHER COSTS.
b.
YOUR
SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE OR
THE MATERIALS IS TO STOP USING THE SITE AND THE MATERIALS, AND IN NO EVENT WILL
THE MAXIMUM AGGREGATE LIABILITY TO THE EMO PARTIES FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR
OTHERWISE) EXCEED TEN DOLLARS (U.S. $10).
c.
YOU
UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE, AT
THIS TIME, UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE
BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW
OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR
HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
d.
SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN IMPLIED
WARRRANTIES AND/OR CERTAIN DAMAGES. THEREFORE, SOME OF THE ABOVE DISCLAIMERS,
EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold the BEO Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to:
(a) User Content;
(b) your use of the Site or activities in connection with the Site;
(c) your breach or anticipatory breach of these Terms;
(d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities;
(e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person;
(f) any misrepresentation made by you;
(g) the BEO Parties’ use of your information; and
(h) BEO reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in this case, you will cooperate as fully required by the BEO Parties in the defense of any claim), and you will not in any event settle any claim without the prior written consent of a duly authorized employee of BEO.
BEO reserves the right
to terminate your access to and use of the Site in its sole discretion, without
notice and liability, including, without limitation, if BEO believes your
conduct fails to conform with these Terms. BEO also reserves the right to
investigate suspected violations of these Terms, including, without limitation,
any violation arising from any e-mails you send to the Site or BEO. Any
violation of these Terms may be referred to law enforcement authorities.
Upon
termination of your access to the Site, or upon demand from BEO, all rights
granted to you under these Terms will cease immediately, and you agree that you
will: (a) immediately discontinue use of the Site; (b) destroy all Materials
obtained from the Site and all related documentation; and (c) as applicable,
pay any amounts owed to BEO in full within thirty (30) days from the date of
such termination and continue to pay any other amounts owed under these Terms.
The information
provided on the Site is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject BEO to any registration
requirement within such jurisdiction or country. BEO controls and operates the
Site from offices located in the Untied States and makes no representations or
warranties that the information, products or services contained on the Site are
appropriate for use or access in other locations. Anyone using or accessing the
Site from other locations does so on their own initiative and are responsible
for compliance with United States’ and local laws regarding online conduct and
acceptable content, if and to the extent such local laws are applicable. We
reserve the right to limit the availability of the Site and/or the provision of
any content, program, product, service or other feature described or available
thereon to any person, geographic area, or jurisdiction, at any time and in our
sole discretion, and to limit the quantities of any such content, program,
product, service or other feature that we provide.
We operate the Site
from within the United States. Information contained on the Site may not be
appropriate or available for use in other locations, and accessing or viewing
the Site in territories where the content may be illegal is prohibited. If you
access or view the Site from other locations you do so on your own initiative
and you are solely responsible for compliance with any applicable local laws.
The Terms shall be governed by, construed and enforced in accordance with the
internal laws of the United States and the State of Illinois governing
contracts entered into and to be fully performed in the State of Illinois
(i.e., without regard to conflict of laws provisions) regardless of your
location. The parties specifically disclaim any application of the Convention
on Contracts for the International Sale of Goods.
Except
with respect to the protection and enforcement of the intellectual property
rights of the BEO Parties and their rights to seek and/or obtain injunctive or
equitable relief, any claim, cause of action or proceeding arising out of or
relating to the Terms or the Site shall be resolved by mandatory, binding
arbitration in accordance with the Commercial Arbitration Rules of the American
Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary
Procedures for Consumer-Related Disputes. Any such claim, cause of action or
proceeding shall be arbitrated on an individual basis and without resort to any
form of class action. The arbitration shall be conducted in Chicago, Illinois,
and the Federal Arbitration Act, and not any state law concerning arbitration,
shall apply. Any cause of action or claim you may have with respect to the Site
must be commenced within one year after such claim or cause of action arises.
The arbitration award shall be final and exclusive, and the prevailing party in
the arbitration may file an action in court to confirm and to enforce the
arbitration award. Any such action, or any claim, cause of action or proceeding
not subject to arbitration as set forth in this section, shall be filed and
adjudicated in a state or federal court in Cook County, Illinois, and all
parties agree to submit to the personal jurisdiction of those courts. You
irrevocably waive any rights to seek and/or obtain injunctive or other
equitable relief and any defense of forum non conveniens.
Should either party pursue any other judicial or administrative action with
respect to any matter included within the scope of this binding arbitration
provision, the responding party will be entitled to recover its costs, expenses
and attorneys’ fees incurred as a result of such action.
The failure of BEO to
act with respect to a breach of these Terms by you or others does not
constitute a waiver and will not limit BEO’s rights
with respect to such breach or any subsequent breaches. No waiver by BEO of any
of these Terms will be of any force or effect unless made in writing and signed
by a duly authorized officer of BEO. Neither the course of conduct between the
parties nor trade practice will act to modify these Terms. BEO may assign its
rights and duties under these Terms to any party at any time without any notice
to you. These Terms may not be assigned by you without BEO’s prior written consent. If any provision of these
Terms will be unlawful, void, or for any reason unenforceable, then that
provision will be deemed severable from these Terms and will not affect the
validity and enforceability of any remaining provisions. The Section titles are
inserted only as a matter of convenience and have no legal or contractual
effect. You agree that these Terms will not be construed against BEO by virtue
of having drafted them.
BEO reserves the right
to modify or add to these Terms at any time without prior notice (“Updated
Terms”). You agree that we may notify you of the Updated Terms by posting them
on this site so that they are accessible via a link on the home page, and that
your use of the Site after we have posted the Updated Terms (or engaging in
such other conduct as we may reasonably specify) constitutes your agreement to
the Updated Terms. Therefore, you should review these Terms before using the
Site. The Updated Terms will be effective as of the time of posting, or such
later date as may be specified in the Updated Terms, and will apply to your use
of the Site from that point forward.
