ver. 23 October 2015
If you have questions or concerns regarding this Agreement, you should first contact BritView at knaus@BritView.com and fully resolve such before you utilize this Website in any manner. In addition to your formal acknowledgment, your access to the Website and/or use of Platform constitutes your agreement to be bound by the terms of this Agreement.
BritView may assign its rights and obligations under this Agreement as a result of any sale, merger, or other transfer, in whole or any part, of BritView, and/or to any parent, subsidiary, or any affiliate. Visitor may not assign any rights and obligations hereunder.
This Agreement constitutes the entire agreement between the Visitor and BritView; there exist no verbal or other written agreements, promises, and/or inducements. If any provisions of this Agreement are determined invalid or unenforceable, the subject provision shall be reformed to reflect, as nearly as possible, the original intentions of the parties as consistent with applicable law, and the remaining provisions of this Agreement shall remain in full force and effect.
BABCC CORPORATE STATUS; THIRD PARTY CONTRIBUTIONS
BABCC is an Illinois non-profit corporation. Certain information, resources, opinions, advice, etc. as provided by third parties, including but not limited to “blog” contributors and authors, may be found within the Website (“Third Party Contributions”). The BABCC expressly disclaims any and all endorsement of any Third Party Contributions and/or Guest Barometers. In no event shall any claims and/or demands by made upon, and/or liabilities or judgments attach to, the respective officers, directors, employees, volunteers, and/or agents of the BABCC and its BritView program on account of any Third Party Contributions and/or Guest Barometers.
CHOICE OF LAW; DISPUTE RESOLUTION
ver. 23 October 2015
ACCEPTANCE OF TERMS
The Platform is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. BABCC may, in its sole discretion, refuse to offer the Platform to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Platform is revoked in such jurisdictions.
RULES AND CONDUCT
• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
• you know is false, misleading, untruthful or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
• constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of BABCC or any third party; or
• impersonates any person or entity, including any employee or representative of BABCC.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by BABCC in its sole discretion) an unreasonable or disproportionately large load on BABCC’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures BABCC may use to prevent or restrict access to the Platform (or other accounts, computer systems or networks connected to the Platform); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Platform; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Platform, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
THIRD PARTY SITES
The Platform may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, including but not limited to the websites of Third Party Contributions and/or Guest Barometers, you do so at your own risk. These other websites are not under BABCC’s control, and you acknowledge that BABCC is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by BABCC or any association with its operators. You further acknowledge and agree that BABCC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or Platform available on or through any such website or resource.
CONTENT AND LICENSE
You agree that the Platform contains Content specifically provided by BABCC, Third Party Contributions, and/or Guest Barometers, and that such Content is protected by copyrights, trademarks, Platform marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Platform. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from BABCC, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
BABCC has no special relationship with or fiduciary duty to you. You acknowledge that BABCC has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release BABCC from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. BABCC makes no representations concerning any Content contained in or accessed through the Site, and BABCC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Platform.
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BABCC, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): BABCC MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. BABCC will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on BABCC’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Platform.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BABCC, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PLATFORM (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR PLATFORM, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR PLATFORM (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; OR (IV) FOR ANY AND ALL INJURIES, DEATH, LOSSES, COSTS, AND EXPENSES INCURRED BY THE VISITOR AND ALL PERSONS CLAIMING BY OR THROUGH THE VISITOR.
ELECTRONIC DELIVERY/NOTICE POLICY AND YOUR CONSENT
By using the Platform, you consent to receive from BritView all communications including notices, agreements, legally required disclosures or other information in connection with the Platform (collectively, “Notices”) electronically. BritView may provide such electronic Notices by posting them on the BritView Site. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the BritView Site and Platform.
INTEGRATION AND SEVERABILITY
ver. 23 October 2015
BRITVIEW POLICY AND OTHER PARTIES
BritView has a policy of protecting the privacy of children. The Website and the general practices of BritView are not intended or designed to attract children under the age of 13. BritView does not collect personally identifiable information from any person we actually know is a child under the age of 13.
VISITOR’S PRIVATE INFORMATION
A Visitor may choose to provide to BritView information which contains personal identifying information (“Visitor’s Private Information”), this is treated differently than the Visitor’s Public Information which may have been submitted with a request that BritView post such in the Public Area of the website (such as blog entries, reviews, etc.). Visitor’s Private Information may include, but is not limited to: first and last name, username and password, date of birth, gender, preferred geographic areas, etc.; email addresses may be collected and are separately addressed below. A Visitor is not obligated to provide Private Information, however the absence of full information may affect the functionality of the Website and the ability to provide Platform and, in such circumstances, BritView may determine that a particular Visitor’s registration is insufficient to complete. Notwithstanding the foregoing, no Visitor shall provide false Private Information. In no event does BritView sell or otherwise share Visitor’s Private Information with third parties.
BRITVIEW SECURITY PROTOCOLS
BritView has established protocols for safeguarding all Private Information, with both physical and electronic security measures which are, from time to time, analyzed for utility. Although BritView cannot guarantee that Private Information will never be stolen by third parties, it does use commercially reasonable standards of care to protect Private Information from unauthorized disclosure.
NON-PRIVATE INFORMATION AUTOMATICALLY COLLECTED FROM WEBSITE USERS
When the Website is accessed by Visitors, whether or not registered, certain information will be automatically collected from and information deposited to the Visitor’s computer. The items collected do not contain personally-identifiable information and are intended to understand the Visitor’s use of the Website, improve its functionality, and allow for customized experience. Types of such information may include:
A. Cookies. Small files which are stored on the Visitor’s hard drive to allow the Visitor to avoid having to re-enter data when the Website is revisited; such data regards user preferences, history of pages visited, etc. A Visitor may delete or block cookies.
B. Traffic Data. The collection of a Visitor’s IP address, domain server, type of computer, type of browsers, website from which a Visitor came to the Website and to which a Visitor may thereafter link, and similar information.
With regard to cookies, traffic data, and similar information, none contain Visitor’s Private Information or any other personally identifying information. BritView may utilize such non-private information for its own research purposes and may share non-personally identifying information with third parties.
COMMUNICATIONS FROM BRITVIEW OR THIRD PARTIES
BritView will utilize a Visitor’s contact information, including email and telephone, to provide Platform. It may from time to time send to Visitors travel, deposit, and other information, special offers, promotional materials, system upgrade alerts, notices of changes to this Agreement, and similar communications. BritView may, based upon the preferences of Visitors, provide email contact information to third parties which may offer Platform or products of interest to a Visitor. All Visitors shall have an “opt-out” right from having email contact information shared with third parties. Further, Visitors shall have an opt-out right as to promotional and similar non-essential types of communications from BritView. In the circumstance that a Visitor desires to exercise this opt-out, contact may be made to knaus@BritView.com. If a Visitor desires to receive no communications from BritView, the registration must be terminated.
BRITVIEW CONTRACTORS AND ASSIGNEES
From time to time BritView may contract with others to assist in maintaining the Website and providing Platform (“BritView Contractors”). In all such cases the contractors shall be bound by the terms of this Agreement, as amended. Under such agreements, including the covenants of this Agreement, BritView may allow on a limited, need-to-know basis, access by BritView Contractors to Visitor’s Private Information and other information. BritView will employ the same standards of care to supervise the use thereof by such BritView Contractors. No other entities other than BritView Contractors shall be provided such access.
LEGAL DEMANDS FOR DISCLOSURE
Although rare, BritView may be required to disclose a Visitor’s information when required by law. In such instances, it shall reasonably endeavor to contact the subject Visitor of a pending demand for information before compliance. In no event shall BritView be liable for any consequences of its good-faith compliance in response to any written demand by or through a judicial or governmental agency authority. Should a Visitor initiate proceedings to contest a demand, then the Visitor shall be responsible for the attorneys’ fees and costs incurred by BritView in such proceeding. In the event that BritView is compelled to make the disclosure before a Visitor can advised, then BritView shall provide notice thereof as soon as possible thereafter. Notice shall be sufficient by dispatch to the Visitor’s email address of record.