Thank you for your interest in www.bbtia.com (the "Site"). These Terms of Service ("Terms") govern your use of the Site. Please read these Terms carefully. By using the Site, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the Site.
1. Your Responsibilities.
2. User Submissions.
3. Copyright Infringement.
(A) The Site owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via the Site by third parties not within the control of the Site. It is our policy not to permit materials known by us to be infringing to remain on this site. If you are a copyright owner or an agent thereof and believe that any User Submissions, or other content, infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998, as amended (the "DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (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 User Submissions, or other content, 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 the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the User Submissions, or other content, in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in 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 infringed.
Pursuant to the DMCA 17 U.S.C. 512 (c), the Site has designated _________________ as its agent ("Agent") for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the Site. The Agent contact information is:
CITY, STATE ZIP
For purposes of clarification, solely DMCA notices should go to the Agent; all other feedback, comments, requests for technical support, and other communications should be directed as set forth at the beginning of this Agreement. You expressly acknowledge that if you fail to comply with all of the requirements of this Section 14, your DMCA notice may not be valid.
(B) If you believe that your User Submissions, or other content, that has been removed (or to which access was disabled) is not infringing, or that you have authorization from the actual copyright owner, the copyright owner's agent, or pursuant to law, to submit, post and make use of such User Submissions, or other content, you may send a counter-notice containing the following information to the Agent: you’re your physical or electronic signature; (ii) identification of the User Submissions, or other content, that has been removed or to which access has been disabled and the location at which the User Submissions, or other content appeared on the Site prior to the point at which such User Submissions, or other content, was removed or disabled; (iii) a statement that you have a good faith belief that the User Submissions, or other content, was removed or disabled as a result of mistake or a misidentification of the User Submissions, or other content; and (iv) your name, address, telephone number, and, if available, an electronic mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the party that provided notification of the alleged infringement.
If a counter-notice is received by the Agent, the Site may send a copy of such counter-notice to the original complaining party informing such party that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Site's sole discretion.
(C) The Site suggests that you consult your legal advisor before filing a notice or counter-notice. Please also be aware that there can be penalties for false claims under the DMCA.
The Site may terminate your Site membership or suspend your access to all or part of the Site, without notice, if you violate these Terms or you engage in any conduct that the Site, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of the Site, any other Site user, or any third party. YOU AGREE THAT THE SITE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SITE (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the Site at any time. The Site reserves the right to investigate your use of the Site in the event the Site, in its sole and absolute discretion, believes you have violated these Terms.
5. Modifications to Terms.
The Site may, in its sole and absolute discretion, change these Terms from time to time. The Site will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the Site. Continued use of the Site following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
6. Modifications to Site.
The Site reserves the right to modify or discontinue the Site with or without notice to you. YOU AGREE THAT THE SITE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD THE SITE EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE SITE.
The Site reserves the right at any time to charge fees for access to new Site content or services or to portions of the existing Site content or services or to the Site as a whole. In no event will you be charged for access to any Site content or service, or to the Site as a whole, unless we obtain your prior consent to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
8. Password and Security.
You are responsible for maintaining the confidentiality of your Site password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify the Site of any unauthorized use of your password or any other breach of security related to the Site. The Site reserves the right to require you to alter your password if the Site believes that your password is no longer secure. YOU AGREE THAT THE SITE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.
The Site’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify the Site’s endorsement of such other Web site or resource or its contents. YOU AGREE THAT THE SITE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.
10. No Commercial Use.
You may not resell, distribute, make any commercial use of (other than to keep and share information for your own business purposes), use on a timeshare or service bureau basis, or use to operate a Web site or otherwise generate income from the Site.
11. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). THE SITE MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE SITE IS NOT GUARANTEED AND THAT THE SITE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE SITE OR ITS UNAVAILABILITY. THE SITE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12. Limitation of Liability.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE SITE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SITE.
13. Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that the Site may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Site’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless the Site, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Site’s defense of such claim.
The Site and the Site design, as well as certain other of the names, logos, and materials displayed in the Site constitute trademarks, trade names, service marks or logos ("Marks") of the Site or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with the Site or those other entities.
16. Copyrights; Restrictions on Use.
The content on the Site (the "Content"), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by the Site or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of the Site and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content..
These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that the Site makes available through the Site and any additional terms to which you agree when using particular elements of the Site constitute the entire and exclusive and final statement of the agreement between you and the Site with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or negotiations between you and the Site with respect to the subject matter hereof. These Terms and the relationship between you and the Site shall be governed by the laws of the State of New York as applied to agreements made, entered into, and performed entirely in New York by New York, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Site shall be brought in the Federal or State courts located in New York County, New York, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of the Site and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2 and 11 through 17 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Site.