Last Modified: February 6, 2018
SECTION 1. ELIGIBILITY; ACCEPTANCE OF TERMS
1. Eligibility; Acceptance of Terms.
SECTION 2. GENERAL
By accessing or linking to this Site, you assume the risk that this Site and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Content”) on this Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Further, we may add, change, discontinue, remove or suspend any of the Content at any time, without notice to you and without liability. BEM assumes no obligation to update the Content.
As a User of the Site, you agree not to use the Content for any unlawful purposes and not to violate BEM’s rights or the rights of others. BEM reserves the right to object or otherwise take action against any such use. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
SECTION 3. FORWARD-LOOKING STATEMENTS
3. Forward-Looking Statements.
The information contained in (or accessible from) this Site may include both historical and forward-looking statements. All statements that are not statements of historical fact are, or may be deemed to be, forward-looking statements. Forward-looking statements reflect BEM’s current expectations containing future results, objectives, plans and goals, and involve known and unknown risks, uncertainties and other factors that are difficult to predict and which may cause actual results, performance or achievements to differ. These risks, uncertainties and other factors include, among others: technological development and their effect in BEM’s markets and on consumer behavior; economic conditions generally, and in advertising and retail markets in particular; other domestic and global economic, business, competitive and/or regulatory factors affecting BEM’s businesses generally.The forward-lockings statements included in this Site are made only as of the date originally issued or indicated on the material, and BEM does not have any obligation to publicly update any forward-looking statements to reflect subsequent events or circumstances.
SECTION 4. TRADEMARKS AND COPYRIGHTS
4. Trademarks and Copyrights.
SECTION 5. EMAILS
The contents of an Email (including any attachments) you receive from any system of BEM or Affiliates are confidential to the sender and the intended recipient. The information contained din such Email may also be subject to legal privilege or otherwise protected from disclosure. If you are not the intended recipient, you may not copy, forward, disclose or otherwise use any party of such email in any form whatsoever. Please delete and destroy all copies of the Email in your possession. Please also reply to the sender and notify him or her that you have received such Email in error. Any views or opinions expressed in an Email that you receive from any system of BEM or Affiliates are solely those of the author of such Email and do not necessarily represent those of BEM or Affiliates unless specifically stated. The content of an Email that you receive from any system of BEM or Affiliates does not create, amend, modify or form any part of a contract, an entitlement or a binding obligation unless specifically stated. Email messages may contain computer viruses or other defects. It is your responsibility to carry out appropriate virus and other checks to ensure that Email messages and attachments do not damage your systems or data. Email messages may not be accurately replicated on other systems, or may be modified, deleted or intercepted without the knowledge of the sender or the intended recipient. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before Email the Site, BEM or Affiliates any information. Neither BEM nor any of the Affiliates are responsible for any improper, untimely, or incomplete transmission. Please not that BEM and Affiliates reserve the right to intercept, monitor, review and retain email messages from external and internal sources as permitted by applicable law.
SECTION 6. RULES OF CONDUCT
6. Rules of Conduct.
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
- violate BEM’s rights or the rights of others;
- be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful, disruptive or destructive programs or other material or information;
- forge any TCP/IP packet header or part of the header information in any email or Posting (as hereinafter defined) for any reason;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to and/or use the Site, other users’ names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
SECTION 7. POSTINGS
- refuse to allow you to Post;
- remove and delete Postings;
- revoke your right to use the Site; and/or
You understand, acknowledge and agree that we have the right to moderate, delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made).
The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.
SECTION 8. UNSOLICITED SUBMISSIONS
8. Unsolicited Submissions.
Please do not send any unsolicited submissions to or through the Site, BEM or Affiliates including, without limitation, any creative materials, product or service ideas or inventions (“Unsolicited Submissions”). You agree and understand that BEM and Affiliates are not obligated to use your Unsolicited Submissions, and may alternatively choose to discard your Unsolicited Submissions without any liability whatsoever.
SECTION 9. RIGHTS AND OBLIGATIONS REGARDING CONTENT YOU SUBMIT TO THE SITE
9. Rights and Obligations Regarding Content You Submit to the Site.
By sending User Submissions to or through the Site, BEM or Affiliates, you represent and warrant that
- the User Submission is accurate and original with you and/or is fully cleared for use as contemplated herein;
- the User Submission does not violate or infringe the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy;
- the User Submission does not contain libelous, tortuous, or otherwise unlawful information, or contain any matter the publication or sale of which will violate any federal or state statute or regulation or any international treaties and/or laws;
- the User Submission is not obscene or in any other manner unlawful;
- the User Submission is not injurious to the health of any third party;
- the User Submission was produced in compliance with all applicable laws and regulations; and
- the use or exploitation of the User Submission shall not give rise to an obligation for us to pay or incur any sums to any person or entity.
If the User Submission incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to grant the Site, BEM and the Affiliates the right to use such User Submissions in accordance with the terms hereof.
When you send User Submissions to the Site, BEM or Affiliates, you irrevocably grant to BEM and Affiliates a perpetual, non-exclusive, worldwide, royalty-free right and license to use the User Submission, in whole or in part, alone or together with or as part of any other information, content and/or material of any kind or nature, including, without limitation, the right to use all right, title and interest in all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in your User Submissions.
You further agree that BEM and Affiliates will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of your User Submissions or portions of your User Submissions, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such User Submissions.
You hereby waive any moral rights you may have in and to any of your User Submissions, even if such material is altered or changed in a manner not agreeable to you.
SECTION 10. REGISTRATION
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain 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 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 on all registration pages. If you register with the Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and 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 so that others may not access the password protected portion of the Site using your name in whole or in part. BEM reserves the right to terminate membership and/or deny access to the Site to any person in its sole discretion.
SECTION 11. PRIVACY
SECTION 12. LINKING POLICY AND LINKS
12. Linking Policy and Links to Third Party Websites.
SECTION 13. DISCLAIMERS
THE SITE, THE CONTENT, AND ALL EMAILS SENT BY BEM OR AFFILIATES (“EMAILS”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS SITE, THE CONTENT, AND THE EMAILS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. BEM AND AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE SITE, THE CONTENT, AND/OR THE EMAILS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS RECOMMENDATIONS, OR OTHER INFORMATION IS AT YOUR SOLE RISK AND THAT NEITHER BEM NOR AFFILIATES GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. REFERENCE TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY TRADE NAME, DOMAIN NAME, TRADEMARK, SERVICE MARK, LOGO, MANUFACTURER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY BEM OR AFFILIATES. BEM AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THIS SITE, THE CONTENT, OR THE EMAILS. THIS SITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. BEM DOES NOT WARRANT THAT THE CONTENT, THE SITE, OR THE EMAILS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SITE, THE CONTENT, OR THE EMAILS WILL BE CORRECTED, OR THAT THE SITE, THE SERVERS THAT MAKE THE SITE AND/OR THE CONTENT AVAILABLE, AND THE EMAILS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
SECTION 14. LIMITATIONS OF LIABILITY
14. Limitations of Liability.
SECTION 15. INDEMNIFICATION
By accessing, using and/or providing User Submissions to or through this Site, you agree to indemnify, defend and hold harmless BEM and Affiliates from and against any actual or alleged claims, demands, causes of action, judgments, liabilities, losses, damages, and all costs and expenses of defense (including reasonable attorneys’ fees and court costs) arising out of or relating to:
- your breach of your representations;
- a claim by a third party that is based on your use of this Site and/or the Content;
- BEM’s and/or Affiliate’s use of any information you provide, including, without limitation, User Submissions; or
- any misrepresentation made by you.
You will cooperate as fully and as reasonably required in BEM’s defense of any claim. You shall not in any event settle any matter without the written consent of BEM. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
SECTION 16. LOCATION/GOVERNING LAW
16. Location/Governing Law.
SECTION 17. MISCELLANEOUS