1. ACCEPTANCE OF TERMS
2. USE AND RESTRICTIONS
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to BDU or such marks’ respective owners. You may not display or reproduce the Marks other than with the prior written consent of BDU, and you may not remove or otherwise modify any trademark notices from any Content.
You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to BDU set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:
-Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
-Use racially, ethnically, or otherwise offensive language.
-Discuss or incite illegal activity.
-Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
-Post anything that exploits children or minors or that depicts cruelty to animals.
-Post any copyrighted or trademarked materials without the express permission from the owner.
-Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
-Use any robot, spider, scraper or other automated means to access the Site.
This list of prohibitions provides examples and is not complete or exclusive. BDU reserves the right to refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that BDU determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. BDU may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, BDU will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
These prohibitions do not require BDU to monitor, police or remove any Submissions or other information submitted by you or any other user.
6. LINKS TO THIRD PARTY WEBSITES
The Site may contain links to websites and other resources operated by third parties other than BDU. Such links are provided solely as a convenience to you. BDU does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
7. WARRANTIES AND DISCLAIMER
8. LIMITATION OF LIABILITY
BDU AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS, PERSONAL INJURY, DEATH OR OTHER DAMAGES IN CONNECTION WITH THE USE, RENTAL, OR PURCHASE OF THE CONTENT ON THIS SITE, ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.