BWABU TERMS OF USE
1. Acceptance:
This Agreement is between you and BWABU, LLC, a limited liability company organized and existing under the laws of the State of New York (hereinafter referred to as “BWABU”). BWABU owns and operates the website with the URL: www.bwabu.com. By using and/or visiting bwabu.com (hereinafter referred to as “bwabu.com” or “the website”) or any content available through the bwabu.com domain name, you signify your agreement to both these terms and conditions (hereinafter referred to as “Terms of Use”) and BWABU’s privacy policy, which is published at http://bwabu.com/about/privacy (and incorporated herein by this reference), whether you are simply browsing the bwabu.com website (hereinafter referred to as a “visitor”), or you have registered with bwabu.com (hereinafter referred to as a “Registered User”). If you do not agree to any of these terms, then please do not visit the website.
2. Term and Modification of Terms of Use:
(a) Except as provided for herein, these Terms of Use will remain in full effect only while you use bwabu.com.
(b) BWABU may modify these Terms of Use and/or BWABU’s privacy policy from time to time and such modification shall be effective upon posting by BWABU on the bwabu.com website. You agree to be bound to any changes to these terms of use and/or BWABU’s privacy policy when you use the website after any such modification is posted.
(b) BWABU may modify these Terms of Use and/or BWABU’s privacy policy from time to time and such modification shall be effective upon posting by BWABU on the bwabu.com website. You agree to be bound to any changes to these terms of use and/or BWABU’s privacy policy when you use the website after any such modification is posted.
3. Your Use of This Website:
(a) bwabu.com is for the personal use of its users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BWABU. You shall not collect or harvest any personally identifiable information, including Registered Users’ names. Appropriate legal action will be taken for any illegal or unauthorized use of the website.
(b) BWABU does not offer technical support for any third party software.
(b) BWABU does not offer technical support for any third party software.
4. Disputes:
You are solely responsible for your interactions with other bwabu.com users. BWABU reserves the right, but has no obligation, to monitor disputes between you and other bwabu.com users.
5. BWABU’s Intellectual Property:
The content on bwabu.com, except all Registered User Submissions (as defined below), including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features (hereinafter referred to as “Content”) and the trademarks, service marks, and logos contained therein (hereinafter referred to as the “Marks”) including, without limitation, BWABU and IT’S BETTER WITH A BUDDY, are owned by or licensed by BWABU, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the website is provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of BWABU, except for the limited, revocable, nonsublicenseable license to reproduce and display the Content (excluding any software code) solely for your personal use in connection with viewing the website. If you download or print a copy of the Content for personal use, you must retain all copyright and proprietary notices contained therein. BWABU reserves all rights not expressly granted in and to the website and the Content. You shall not use, copy or distribute any of the Content other than expressly permitted herein. You shall not circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations of the use of the website or the Content.
6. Registered User Submissions:
BWABU may now or in the future permit the submission of text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials by you (hereinafter referred to as “Registered User Submission(s)”) and the hosting, sharing and/or publishing of such Registered User Submissions. If you wish to become a Registered User, you must read the Buddy Registration Agreement and indicate your acceptance thereof during the Buddy Registration process.
7. Intellectual Property Policy:
(a) In connection with Registered User Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant to BWABU all of the license rights granted under these Terms of Use; (ii) publish falsehoods or misrepresentations that could damage BWABU or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or impersonates another person.
(b) BWABU does not endorse any Registered User Submissions or any opinion, recommendation, or advice expressed therein, and BWABU expressly disclaims any and all liability in connection with Registered User Submissions.
(c) BWABU does not permit copyright infringing activities and/or infringement of intellectual property rights on the website, and BWABU will remove all Registered User Submissions if properly notified that such Registered User Submissions infringe on another’s intellectual property rights. BWABU reserves the right to remove Registered User Submissions without prior notice. BWABU may terminate Registered User privileges of any Registered User that infringes the copyright rights of others upon receipt of proper notification to BWABU by the copyright owner or the copyright owner’s legal agent. BWABU further reserves the right to decide whether Registered User Submissions are appropriate and comply with these Terms of Use for violations other than copyright infringement and violations of intellectual property law including, without limitation, pornography, and/or obscene or defamatory material. BWABU may remove such Registered User Submissions and/or terminate a Registered User’s access for uploading such material in violation of these Terms of Use, without prior notice and at its sole discretion.
(d) If you are a copyright owner (or you are authorized to act on a copyright owner’s behalf), and you believe that your work has been copied and posted on bwabu.com in a manner that constitutes copyright infringement, you may submit notification of your claimed infringement, in writing, to our Designated Agent pursuant to 17 U.S.C. Sec. 512(c)(3) by providing the following information:
(b) BWABU does not endorse any Registered User Submissions or any opinion, recommendation, or advice expressed therein, and BWABU expressly disclaims any and all liability in connection with Registered User Submissions.
(c) BWABU does not permit copyright infringing activities and/or infringement of intellectual property rights on the website, and BWABU will remove all Registered User Submissions if properly notified that such Registered User Submissions infringe on another’s intellectual property rights. BWABU reserves the right to remove Registered User Submissions without prior notice. BWABU may terminate Registered User privileges of any Registered User that infringes the copyright rights of others upon receipt of proper notification to BWABU by the copyright owner or the copyright owner’s legal agent. BWABU further reserves the right to decide whether Registered User Submissions are appropriate and comply with these Terms of Use for violations other than copyright infringement and violations of intellectual property law including, without limitation, pornography, and/or obscene or defamatory material. BWABU may remove such Registered User Submissions and/or terminate a Registered User’s access for uploading such material in violation of these Terms of Use, without prior notice and at its sole discretion.
(d) If you are a copyright owner (or you are authorized to act on a copyright owner’s behalf), and you believe that your work has been copied and posted on bwabu.com in a manner that constitutes copyright infringement, you may submit notification of your claimed infringement, in writing, to our Designated Agent pursuant to 17 U.S.C. Sec. 512(c)(3) by providing the following information:
(i) Your physical or electronic signature;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BWABU to locate the material;
(iv) Information reasonably sufficient to permit BWABU to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information on the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
BWABU’s Designated Agent to receive notifications of claimed infringement is:
Shaun Wolfson, 9211 Chastain Drive, Atlanta, GA 30342; Fax (505) 212-2038; Email: swolfson@bwabu.com
(e) When using bwabu.com, you may be exposed to Registered User Submissions from a variety of sources. BWABU is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Registered User Submissions. You understand and acknowledge that you may be exposed to Registered User Submissions that are inaccurate, offensive, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against BWABU with respect thereto, and agree to indemnify and hold BWABU, its owners/operators, affiliates, and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of bwabu.com.(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BWABU to locate the material;
(iv) Information reasonably sufficient to permit BWABU to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information on the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
BWABU’s Designated Agent to receive notifications of claimed infringement is:
Shaun Wolfson, 9211 Chastain Drive, Atlanta, GA 30342; Fax (505) 212-2038; Email: swolfson@bwabu.com
8. WARRANTY DISCLAIMER:
BWABU, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BWABU MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, IF ANY, RESULTING FROM YOUR ACCESS TO BWABU.COM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) ANY ERRORS IN OR OMISSIONS FROM ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BWABU.COM. BWABU DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BWABU WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
9. LIMITATION OF LIABILITY:
(A) IN NO EVENT WILL BWABU, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF BWABU.COM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM BWABU.COM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE CONTENT OR REGISTERED USER SUBMISSIONS, WHETHER THEY BE EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON BWABU.COM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF BWABU.COM, EVEN IF BWABU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION ON LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
(B) YOU SPECIFICALLY ACKNOWLEDGE THAT BWABU WILL NOT BE LIABLE FOR REGISTERED USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. (C) THE WEBSITE IS CONTROLLED AND OFFERED BY BWABU FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. BWABU MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE BWABU.COM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
10. Third Party Websites:
This website may contain links to third party websites that are not owned or controlled by BWABU. BWABU has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party site, and such third party sites are in no way investigated, monitored or checked for accuracy or completeness by BWABU. Inclusion of any third party website on bwabu.com does not imply approval or endorsement of the linked website by BWABU. When you access these third-party sites, you do so at your own risk. By using the website, you expressly relieve BWABU from any and all liability arising from your use of any third-party website. Please read the terms and conditions and privacy policy of each third party website that you visit.
11. Indemnity:
You will defend, indemnify and hold harmless BWABU, its owners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, expenses, and attorneys’ fees arising from: (i) your use of and access to bwabu.com; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including, without limitation, copyright, property or privacy; or (iv) any claim that your Registered User Submissions have caused damage to any third party. This defense and indemnification obligation survives termination of these Terms of Use.
12. Eligibility:
Use of bwabu.com is void where prohibited. By using bwabu.com, you represent and warrant that: (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) your use of bwabu.com does not violate any applicable law or regulation; and (iv) you are either more than 18 years of age, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. You affirm that you are over the age of 13, as bwabu.com is not intended for children under 13. IF YOU ARE UNDER 13, DO NOT USE THIS WEBSITE.
13. Assignment:
These Terms of Use, and any rights or licenses granted hereunder, may not be transferred or assigned by you, but are freely assignable by BWABU without restriction.
14. Miscellaneous:
You agree that: (i) BWABU and bwabu.com shall be deemed solely based in the State of New York; and (ii) this website is a passive website that does not give rise to personal jurisdiction over BWABU, either specific or general, in jurisdictions other than the State of New York. These Terms of Use are governed by the laws of the State of New York, without regard to choice of law provisions. Any claim or dispute between you and BWABU that arises in whole or in part from your use of bwabu.com will be decided entirely by a court of competent jurisdiction located in Rockland County, New York. Notwithstanding the foregoing, either BWABU or you may demand that any dispute between BWABU and you or involving bwabu.com must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association, provided that the foregoing will not prevent BWABU from seeking injunctive relief in a court of competent jurisdiction. These Terms of Use, the Privacy Policy, the Buddy Registration Agreement and any other legal notices published by BWABU on the website constitute the entire agreement between you and BWABU. The failure of BWABU to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of the remaining provisions.
BY USING AND/OR VISITING BWABU.COM OR ANY CONTENT AVAILABLE THROUGH THE BWABU.COM DOMAIN NAME, YOU SIGNIFY YOUR AGREEMENT TO BOTH THESE TERMS AND CONDITIONS AND BWABU’S PRIVACY POLICY, WHETHER YOU ARE SIMPLY BROWSING THE BWABU.COM WEBSITE, OR YOU HAVE REGISTERED WITH BWABU.COM. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT VISIT THE WEBSITE.