Welcome to BBWOnline!!!
2. Agreement. The Agreement is between you and BBWOnline. If you are not acting on behalf of yourself as an individual, then “you”, “your”, and “yourself” means your company or organization or the person you are representing.
3. Age Restrictions. Persons under eighteen (18) years of age (or twenty-one (21) years of age in jurisdictions where twenty-one (21) is the age of majority) may not directly or indirectly access, view, use or otherwise possess the BBWOnline Services.
4. Ability to Contract. You hereby represent and warrant that you are currently of or over the age of majority in your country (or, where applicable, state, province, prefecture, etc.) and you are legally capable of entering into this Agreement and performing the obligations set forth herein.
5. Safety. We are not responsible for your or any other user’s use of or actions within the BBWOnline Services. BBWOnline does not verify any information provided by users, neither do we conduct background checks of any kind, including criminal. BBWOnline is not responsible for your use of the BBWOnline Services in jurisdictions where such usage is punishable or limited by law, and/or any adverse consequences as a result thereof.
6. Modification. We reserve the right to modify this Agreement at any time, including without notice, by posting an amended Terms on the BBWOnline Services.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY DISCONTINUING USE OF THE BBWONLINE SERVICES AND CLOSING YOUR ACCOUNTS. YOUR CONTINUED USE OF THE BBWONLINE SERVICES FOLLOWING ANY MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.
7. Usage. The BBWOnline Services are for personal use only; use for commercial, broadcast or media related purposes is strictly prohibited.
8. Membership Services. Membership services include access to the BBWOnline Communities. We reserve the right to update and modify the Services from time to time.
9.1. You will be granted a single login ID and password for each membership that you register, and your access to and use of the Services will be limited to one person at a time per ID and password. An individual may only register one single login ID.
9.2. You agree not to access (or attempt to access) the BBWOnline Services by any means other than through the interface we provide. You agree not to access (or attempt to access) the BBWOnline Services through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on the BBWOnline Services.
9.3. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the BBWOnline Services, products or content; (ii) modify or make derivative works based upon the BBWOnline Services, its Services or content; (iii) “frame” or “mirror” any BBWOnline Services, its Services or content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Services or their enabling software for any purpose.
9.4. You are not authorized to use our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way of material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion.
10. Solicitation. You are not authorized to use our Services to solicit users for any commercial purpose, including without limitation, media production/broadcast related activities (such as requesting a participation in a television show), to advertise a product or service, to request money, and/or to conduct any form of business transaction.
11. Ownership. The material provided on the BBWOnline Services and via our Services is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property rights in this material are owned by Emacity Inc., our partners and licensors. Materials uploaded to the BBWOnline Services by users, including without limitation, photographs on user profiles are the intellectual property of the respective users, to which we have been granted a limited license for the purposes of the Services. By utilizing the Services, you expressly acknowledge these intellectual property rights. Except for the limited rights granted herein, all other rights are reserved.
12. Separate Agreements. You may acquire products, services and/or content from the BBWOnline Services. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
14. Your Account-Related Responsibilities. You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services, we reserve the right to terminate this Agreement. You agree to immediately notify us of any unauthorized use of your login ID, password, or account or any other breach of security.
15. Links to The BBWOnline Services. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to the BBWOnline Services provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on the BBWOnline Services or other proprietary graphic image in the link without our prior written consent.
17. Participation in Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on the BBWOnline Services. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser. You hereby expressly acknowledge that BBWOnline is not involved in such transactions and expressly waive any and all claims against BBWOnline arising out of such transactions.
18. Membership Fees. Basic Membership will always be free with no fees charged. If you elect to pay Premium Membership fees, fees may be paid by credit card online to BBWOnline Services, or by any other method approved by us including third-party payment processors. If for any reason we are unable to charge your credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your credit card, you agree that we may pursue all available remedies to enforce the payment, including without limitation, suspension or termination of your subscription license.
19. Technical Support. We shall answer questions and concerns by email regarding the use of the Services.
20. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES: THE SERVICES, CONTENT, AND/OR PRODUCTS ON THE BBWONLINE SERVICES ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR PARTNERS OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT; THE BBWONLINE SERVICES AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE BBWONLINE SERVICES OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THE BBWONLINE SERVICES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE BBWONLINE SERVICES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE BBWONLINE SERVICES, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THE BBWONLINE SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT IMPLIED WARRANTIES MAY NOT BE DISCLAIMED OR LIMITED IN DURATION, YOU HEREBY EXPRESSLY WAIVE – TO THE EXTENT PERMITTED BY LAW – YOUR RIGHTS TO INSTITUTE LEGAL PROCEEDINGS AGAINST US FOR BREACH OF IMPLIED WARRANTIES.
21. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU, IF ANY, IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES OR THE BBWONLINE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY EXPRESSLY WAIVE ANY RIGHTS TO SEEK ATTORNEYS’ FEES OR COSTS IN ANY ACTION AGAINST BBWONLINE.
22. International Users. The BBWOnline Services are based in and offered from the USA. Any personal information which we may collect on the BBWOnline Services may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location. Your use of the BBWOnline Services is governed by the laws of the United States, regardless of where you reside. You are responsible for compliance with local laws in your use of the BBWOnline Services, we do not warrant or represent that the BBWOnline Services are appropriate for use in other countries or that they are legal in all jurisdictions.
23. Registration Data. Registration is required for you to establish an account at the BBWOnline Services. You agree (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form (“Registration Data”), and (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in its sole discretion, to suspend or terminate rights to use your account. Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.
24. How We Treat Postings to The BBWOnline Services. We will not treat information that you post to areas of the BBWOnline Services that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to the BBWOnline Services or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
25. Defamation; Communications Decency Act Notice. We are a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to the BBWOnline Services by third parties is limited as described therein. We are not responsible for content or any other information posted to the BBWOnline Services by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
26. Consumer Rights Information; California Civil Code Section 1789.3. If the BBWOnline Services charges for services, products, content, or information, pricing information will be posted as part of the ordering process for the BBWOnline Services. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3.
All correspondence should be addressed to our agent for notice at the following email address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
We will promptly report to you any unauthorized access to your information promptly upon discovery, and we will use diligent efforts to promptly remedy any security vulnerability that permitted the unauthorized access. If notification to persons affected by the unauthorized access is required, you agree to be solely responsible for any and all such notifications at your expense.
29. Notices. We may give notice to you by means of (i) a general notice in your account information, (ii) by electronic mail to your e-mail address on record in your Registration Data, or (iii) by written communication sent by first class mail or pre-paid post to your address on record in your Registration Data. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by any of the following: (a) by electronic-email sent to us at the following email address email@example.com addressed to the attention of “President of the Company”. Notices will not be effective unless sent in accordance with the above requirements.
30. Arbitration. Except for injunctions to protect intellectual property rights and actions to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to binding arbitration before the American Arbitration Association (“AAA”) pursuant to the Expedited Procedures of the Commercial Rules then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. In the event the parties are unable to agree upon the selection of an arbitrator within forty-five (45) days of the service of the claim upon the respondent, the arbitrator shall be chosen by the AAA either sua sponte or at the request of either party.
The seat and venue of any arbitral proceedings shall be in the city of Las Vegas, State of Nevada, USA, and may be conducted by telephone or online. Except by mutual agreement of the parties, an award must be entered no later than six (6) months from the appointment of the arbitrator.
The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement.
Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
31. Governing Law; Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Nevada, USA without recourse to its rules regarding conflicts of law. The state and federal courts located in the city of Las Vegas, State of Nevada, USA shall be the exclusive venue for all legal proceedings which cannot be arbitrated under this Agreement.
32. Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
33. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
34. U.S. Government End-Users. The software for the BBWOnline Services consists of “commercial items,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government end-users of the BBWOnline Services acquire only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
35. Survival. Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination hereof, such clauses to include, without limitation, the following: License Restrictions, Warranty Disclaimer, Limitation of Liability, Privacy And Security, Notices, Arbitration, Jurisdiction and Venue, Severability, Force Majeure, and Miscellaneous.
37.2. This Agreement is written in English, and English is its controlling language. This document may have been translated into other languages for your convenience only. In the event of any inconsistency or discrepancy between the English version and any other language version of this document, the English version will prevail.
37.3. If you are located outside the U.S., you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the BBWOnline Services, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this agreement enforceable.