Intellectual Property; DMCA Notice
Site contents, features and functionality (including but not limited to all registered and unregistered trademarks, information, displays, images, and design, – collectively the “Intellectual Property”) are the exclusive property of Be Tenth, Inc and its content suppliers. The Intellectual Property is protected by the U.S. and international copyright, trademark, trade secret and other intellectual property and proprietary rights laws. You shall not copy, reproduce or replicate any Intellectual Property so as to cause confusion to the public as to the identity/ownership of the Site, the source of its content, or to adversely affect the brand image, reputation, sales and business of the Site or Be Tenth, Inc.
We respect the intellectual property rights of others and require users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf , we will address the claims of copyright infringement committed using our Site if such claims are reported to our designated DMCA Copyright Agent identified below. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material.
Our DMCA Copyright Agent to receive notices of infringing material is:
Michael Gorback – Hanson Bridgett
425 Market Street, 26th Floor
San Francisco, CA 94105
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Your Representations, Warranties, and Responsibilities
By using this Site, you represent, warrant and agree that:
- You have the full legal capacity to form a binding contract.
- You will keep all login information, and all information related to Be Tenth, Inc strictly confidential and ensure that no third party has access to it.
- All persons who access the Site through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms and Conditions.
- We have the right to disable any user identification provided by our Site and disable your whole account on our Site at any time for any reason or no reason without notice or explanation.
- We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
- You will not use the Site for any illegal purpose. Additionally, you will not:
- Impersonate any other person or entity or misrepresent your credentials/qualifications.
- Post or transmit to other users any defamatory, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
- Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
Remedies for Breach
- With respect to any user, we have the right to take any action that we deem necessary or appropriate if we believe that such user violates the Terms and Conditions, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public, or uses foul language. We may:
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms and Conditions.
- Block violator’s IP address and/or notify his or her Internet Service Provider
- Moderate your reviews and other submitted content.
- Take any other action provided for in these Terms and Conditions or by law. Remedies listed in these Terms and Conditions are cumulative, under equity or law, and not exclusive of one another.
- Without limiting the foregoing, we have the right to fully cooperate with any law enforcement agencies or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.
However, we cannot undertake to review all material before it is posted on the Site for accuracy, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
Limitation of Liability
- WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO USER CONDUCT, SERVICES OR INFORMATION RECEIVED THROUGH OUR SITE. WE ARE NOT LIABLE FOR ANY TIME LOSS, PROPERTY DAMAGE, BODILY INJURY OR DEATH OF THE SITE USER OR ANY THIRD PARTY. UNDER NO CIRCUMSTANCES WILL THE SITE BE LIABLE FOR ANY AMOUNTS EXCEEDING THE COLLECTED SERVICE CHARGE FOR THE THREE MONTHS PRECEEDING THE TIME WHEN THE CLAIM AROSE. NO CLAIM, SUIT OR ACTION SHALL BE BROUGHT AGAINST US MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED.
- YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT THE INFORMATION PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Linkings to Site
- You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- You must not establish a link from any website that is not owned by you.
- You cannot frame our Site on any other site.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
You may not assign your rights and obligations under these Terms and Conditions without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.
Severability and Non-Waiver
Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.
All headings in this agreement are for convenience only and shall not affect the meaning of any provision hereof.
Governing Law and Jurisdiction
If you have questions about these Terms and Conditions, please contact our customer service representatives via e-mail: email@example.com , Monday – Friday – 8am – 5pm