BBK Worldwide's Web Site Terms and Conditions
Last modified April 5, 2012
This legal agreement ("Agreement") is made between You and Us. This Agreement, as it may be amended from time to time, applies to anyone using the Web site.
You will defend, indemnify, and hold Us and Our affiliates and subsidiaries and any officers, directors, employees, agents, third-party content providers, distributors, licensees or licensors of Us or Our affiliates or subsidiaries (collectively, the "BBK Parties") harmless for any losses, costs, liabilities, or expenses relating to or arising out of Your using the Web site, including:
(I) Your breach or alleged breach of this Agreement; (II) any allegation that any Submissions (as hereinafter defined) that You submit to Us or transmit in the Web site infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (III) Your activities in connection with Your use of the Web site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You agree that the provisions in this section will survive any termination of Your account(s), the Web site, or this Agreement.
All intellectual property rights in and to the Web site are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered), and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, and company or product names set forth in the Web site are the property of their respective owners. You do not acquire any ownership rights by using the Web site or downloading material from or uploading material to the Web site.
All comments, feedback, blog statements, suggestions, ideas, photographs, and other submissions disclosed, submitted, or offered by You in connection with Your use of the public areas of the Web site, including without limitation any blog areas (collectively, "Submissions") will be the exclusive property of BBK. You agree that unless otherwise prohibited by law, BBK may use, sell, exploit, disclose, revise, and delete the Submissions in any manner, including any public manner, without restriction, without compensation to You, and without identifying You as the creator of the Submissions. For clarification, but not limitation, BBK shall not in any way be obligated to publish or use the Submissions in any manner. You represent and warrant that any Submissions are Your original creations, that You have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights or privacy or publicity. You agree that the provisions in this section will survive any termination of Your account(s), the Web site, or this Agreement.
OTHER REQUIREMENTS REGARDING SUBMISSIONS
Submissions shall not contain any personal health information or any personally identifiable information about You or anyone else (such as name, phone number, e-mail address or website URL).
If You use a community area of the Web site, such as blogs, You are solely responsible for Your own Submissions, the consequences of posting Your Submissions, and Your reliance on any information in the community areas or other areas of the Web site. Any information You share in any online community area, including any blog area, is by design open to the public and is not private. In the event that You feel threatened or believe that someone else is in danger, You should contact Your local law enforcement agency immediately. The BBK Parties (as defined herein) reserve the right to, but shall not be obligated to, record any dialogue or exchanges in the community areas of the Web site. The BBK Parties shall have no responsibility for any actions taken, or failures to take action, with respect to the community areas of the Web site or any Submissions. As with any public forum on any website, the information You post may show up in third-party search engine results.
NO MEDICAL ADVICE AND NO ENDORSEMENT
The Web site and the entire contents of the Web site (including without limitation, material on the Web site's blogs) (the "Content") is provided for informational purposes only. BBK DOES NOT PROVIDE MEDICAL ADVICE NOR DOES THE WEB SITE CONSTITUTE THE PRACTICE OF MEDICINE, NURSING, OR ANY OTHER HEALTHCARE PROFESSION. BBK DOES NOT DIAGNOSE, PRESCRIBE MEDICATION, TREAT, OR GIVE ORDERS NOR DOES BBK HAVE ULTIMATE AUTHORITY OVER YOUR CARE. Any information provided to You by BBK as a result of Your participation in the Web site is being provided to You solely for Your educational and informational benefit and should not be considered medical advice, diagnosis, treatment or a substitute for professional medical advice. Your participation is voluntary and You understand and agree that any information communicated to You as a result of Your participation hereunder is not intended to be, nor implied to be, and You will not use it as, a substitute for professional medical advice, diagnosis, or treatment. BBK is not and shall not be considered a healthcare provider. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. SHOULD ANY UNEXPECTED MEDICAL EVENT OCCUR WHILE YOU ARE USING OR ACCESSING THE WEB SITE HEREUNDER, IMMEDIATELY CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER OR IMMEDIATELY PROCEED TO YOUR LOCAL EMERGENCY ROOM. Reliance on the Web site or the Content is at Your own risk. BBK does not recommend, endorse, or warranty any test(s), care, treatment(s), procedure(s), medication(s), physician(s), products, opinions, or other information that may be referenced on or through the Web site. Use of the Web site does not establish a doctor-patient relationship. BBK encourages that You share any information generated by use of the Web site with Your treating healthcare provider.
The Web site may contain sensitive health- or medical-related materials. If You find these materials offensive, do not use the Web site.
ACCESS TO THE WEB SITE
You agree not to use the Web site for any commercial purposes, or to download, save, copy, transmit, or distribute the Content except as specifically allowed in this Agreement. BBK may change, modify, suspend, or discontinue any aspect of the Web site at any time. BBK may also impose limits on certain features or restrict or prohibit Your access to parts or all of the Web site without notice or liability. You agree to be bound by any application-, tool- or content-specific rules published within the Web site. You expressly agree that the Content may be viewed and accessed only by end users and not by any other website or web publisher. Your use of the Web site is conditioned upon Your compliance with this Agreement; any use of the Web site in violation of this Agreement will be regarded as an infringement of BBK's copyrights in and to the Web site. BBK reserves the right to terminate Your access to the Web site without notice if You violate this Agreement or for any reason at BBK's discretion. The Web site is intended for individuals at least 18 years old. If You are under the age of 18, You are prohibited from using the Web site.
ACCEPTABLE WEB SITE USE AND WEB SITE SECURITY RULES
The Web site may only be used for lawful purposes. As a condition of Your use of and access to the Web site, You agree to comply with any application-, tool- or content-specific rules published within the Web site as well as the following usage rules, which are provided as an example rather than as a limitation. You agree that Your activities on the Web site will not:
(b) reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Web site creates to generate web pages or any software or other products or processes accessible through the Web site;
(c) use or launch, develop, or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper, or offline reader that accesses the Web site, or use or launch any unauthorized script or other software;
(d) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism, or program;
(e) cover or obscure any notice, banner, or advertisement on the Web site;
(f) interfere with or circumvent any security feature of the Web site or any feature that restricts or enforces limitations on use of or access to the Web site;
(g) sell the Web site or any part thereof including but not limited to user accounts and access to them in exchange for anything of value;
(h) violate any applicable law;
(i) harvest or otherwise collect information about others, including e-mail addresses, without their identification for posting or viewing Submissions;
(j) infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;
(k) be obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or cause embarrassment to any other person as determined by BBK in its sole discretion;
(l) further any chain letters or pyramid schemes;
(m) deliberately mislead anyone as to Your identity, impersonate another, or falsely identify the source of any Submissions;
(n) allow another person or entity to use Your identity in order to access the Web site or post or view Submissions;
(o) post the same Submission more than once, transmit unsolicited messages, or engage in "spam";
(p) violate or attempt to violate the security of the Web site, including, without limitation, by (i) disclosing any information on this Web site to any third person; (ii) accessing data not intended for such use or logging into a server or account that the user is not authorized to access; (iii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via the means of submitting a virus to the Web site, "overloading," "flooding," "spamming," "mail bombing," or "crashing"; or (v) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(q) engage in conduct deemed by BBK to be in conflict with the spirit or intent of the Web site, including without limitation, by disrupting the flow of dialogue in a public area, posting comments that are not related to the topic being discussed, restricting any other user from using or enjoying the Web site, or exposing BBK or another to any liability or detriment of any kind.
Violations of the above may result in civil or criminal liability. BBK will cooperate with law enforcement authorities in prosecuting Web site participants who are involved in such violations.
WE PROVIDE THE WEB SITE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY, IN ANY COMMUNICATION WITH WEB SITE PARTICIPANTS OR US OR OTHERWISE WITH RESPECT TO THE WEB SITE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE WEB SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR THAT THE WEB SITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY, OR THAT THE WEB SITE OR THE CONTENT COMPLIES WITH ANY GOVERNMENT REGULATIONS CONCERNING PRESCRIPTION DRUG DISCLOSURES, OR THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE WEB SITE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. THE BBK PARTIES ARE NOT PHYSICIANS OR HEALTHCARE PROVIDERS AND THE WEB SITE DOES NOT PROVIDE MEDICAL OR SURGICAL CARE, ADVICE, RECOMMENDATIONS, OR TREATMENT. THE WEB SITE AND THE CONTENT ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. BBK DOES NOT ENDORSE OR RECOMMEND ANY PARTICULAR PROVIDER OR PROCEDURE. THE WEB SITE IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE BBK PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, EVEN IF THE BBK PARTIES OR THEIR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE BBK PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS WEB SITE.
You forever release, discharge, and covenant not to sue the BBK Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the BBK Parties, or otherwise, in connection with Your use of the Web site or Your interaction with any party through or as a result of the Web site. In other words, You agree that You cannot sue the BBK Parties if anything happens to You or Your property in connection with Your use of the Web site or Your interaction with any party through or as a result of the Web site. You agree that the provisions in this section will survive any termination of Your account(s), the Web site, or this Agreement.
OBJECTIONABLE CONTENT / COPYRIGHT TAKEDOWN
If You believe Your rights have been violated by, or You otherwise object to, any posting, content or information on the Web site, please contact us promptly so we can evaluate the claim and take appropriate action. If Your complaint includes a claim of copyright infringement, the following policy will apply:
Copyright Policy: It is BBK's policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If You believe that any of the content or materials appearing on this Web site contain infringements, please send a notice to the individual and address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number, or e-mail address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. BBK will also terminate a subscriber's account if a subscriber is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice. Our designated agent, to whom You should e-mail Your infringement claim (or other complaints), is Liz Ritchie whose address is email@example.com
THIRD PARTY SITES AND PRODUCTS
WEB SITE OPERATED FROM UNITED STATES
BBK operates and controls the Web site from its offices in the United States. BBK makes no representation that the Web site is appropriate or available in other locations. The information provided on the Web 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 BBK to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Web site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
To resolve a complaint regarding the Web site, You should first contact Us by e-mailing firstname.lastname@example.org or by calling +1 617.630.4477.
This Web site and all information included on this Web site, such as text, graphics, logos, button icons, images, audio clips, video clips, and software, is the property of BBK, its assigns, its content suppliers, and/or its disclosed client, and is copyrighted and protected under U.S. and international copyright laws. The compilation of the information on this Web site is the exclusive property of BBK, and is protected by U.S. and international copyright laws. All software used on this Web site is the property of BBK, or of its software suppliers, and is protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Web site is strictly prohibited without prior written approval of BBK.
BBK Worldwide, LLC
320 Needham St
Newton, MA 02464
Telephone: +1 617.630.4477
This Agreement is governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of the Commonwealth of Massachusetts with regard to any and all claims by You arising out of, or related to, the Web site. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
WAIVER AND SEVERABILITY OF TERMS
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid, or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect.
320 Needham Street
Newton, Massachusetts 02464
t +1 617 630 4477
f +1 617 630 5090