Terms and Conditions

 

Effective Date: January 1st, 2012

Welcome to Billabong Marketing Website. The Billabong Marketing Website and its associated services and content is a service that is owned and operated by Billabong Publishing LLC (“Owner”). Owner has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

 

OWNER MAY, AND RESERVES THE RIGHT TO, FROM TIME TO TIME, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A REGULAR BASIS TO KEEP YOURSELF INFORMED OF ANY MODIFICATIONS. IN THE EVENT OWNER MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

 

1. Acceptable Uses

You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

 

Specifically, you are prohibited from using the Website for the following, without limitation:

 

Impersonating another for whatever reason, misrepresenting your affiliation with or material connection to any entity, including Owner, and providing fraudulent, misleading or otherwise inaccurate information;

 

Spamming or phishing;

 

Harassing, defaming, abusing, stalking, or threatening a third party or encouraging bodily harm or the destruction of property;

 

Infringing upon the intellectual property rights or other personal, privacy, or proprietary rights of third parties;

 

Transmitting content that markets material or exploits children under the age of 18 years of age;

 

Transmitting content that provides information, instruction, advice, or assistance in causing or carrying out any violence or unlawful activity;

 

Transmitting viruses, worms, Trojan horses, spyware, or other harmful code or material;

 

Transmitting content that pertains to pornography, illegal drugs or contraband, illegal goods/pirated software/infringing material, or weaponry;

 

Transmitting content that violates any term or condition of this Agreement;

 

Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;

 

Circumventing Owner’s technological or security protection mechanisms;

 

Using a robot, spider, scraper, or other automated technology to access the Website;

 

Posting or transmitting content, or using the Website in a manner, that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international; or Your violation of any term or condition of this section may result in the immediate termination of any PR Services and the disabling of your access to the Website.

 

2. User Generated Content

Owner may provide you with the ability to submit user generated content to or through the Website, which may be used in whole or in part at the discretion of the Owner, which may include, but is not limited to: (1) posts, including comments, and news stories that may contain information, text, and comments; articles; photographs, images and designs; and other information concerning you, your products, and your services; (2) social media likes and follows; and (3) information related to your business and customers (collectively “User Generated Content”). You agree that you are the owner of, or have rights to, any and all User Generated Content submitted. You further warrant that any User Generated Content that you submit to the Website will not violate or infringe upon the rights of third parties, including, but not limited to, trademark rights, copyright rights, patent rights, rights of publicity and privacy, and any other intellectual property right, personal right, or proprietary or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

By submitting information to the Website and/or Owner, you grant Owner a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your information for the customary and intended purposes of the Website. By submitting information to the Website, you further agree to waive all rights of publicity or privacy with respect to the information submitted. You agree to execute any and all documents requested by Owner and shall cooperate in any endeavor BuyPositivePress makes to obtain the necessary rights to display your information.

 

This provision shall survive any termination of this Agreement for the maximum period permitted under applicable law.

 

3. Section 230 of Communications Decency Act

You acknowledge and agree that Owner is an interactive computer service provider under Section 230 of the Communications Decency Act. Owner may edit, remove, or control the content displayed on its Website. Regardless of editing, removing, or modifying any User Generated Content, you agree that Owner will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content provided by you, in whole or in part, whether through the Website or otherwise.

 

4. Ownership of Website Content

You understand and agree that Owner is the owner, or licensee, of all rights in and to the Website and its associated content, including but not limited to all intellectual property and any other property or proprietary rights. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Owner. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file.

 

You may not use any of Owner’ trademarks, or other intellectual property, without its prior, written permission. Owner hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. No right to the software or underlying technology is granted to you. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to Owner.

 

5. Third Party Links

You understand that the Website may contain links to third party websites, applications, or services that Owner does not own or control. You agree that Owner will not be held responsible or liable for the content of third party websites, applications, or services and that Owner’ inclusion of those websites, applications, or services within its Website does not constitute Owner’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

 

6. Termination

Owner may terminate your access to or use of the Website for any reason or no reason whatsoever.

 

7. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT OWNER WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT OWNER CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES IS THE AMOUNT THAT YOU PAID FOR SERVICE PROVIDED THROUGH THE WEBSITE. IF NO AMOUNT IS PAID BY YOU TO OWNER, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

You understand and agree that Owner’ fees and Owner’ entering into this Agreement is based upon reliance on the disclaimers of warranty and limitations on liability and they form the bargain between the Owner and you.

 

8. Indemnification

You agree to hold harmless, indemnify, and defend Owner, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your use of the Website, your violation of any term or condition of this Agreement, breach by you, content provided by you, or your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend Owner under the terms of this Agreement will not provide you with the right to control Owner’s defense, and Owner reserves the right to control its defense regardless of your contractual requirement to defend Owner. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of Owner, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order, if at all.

9. Copyright Policy

If you believe that a user of Website has infringed upon your copyright rights, please provide Owner with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Owner receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Owner will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Owner with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:

 

The physical or electronic signature of a person authorized to act on behalf of the copyright owner;

 

Identification of the copyrighted work(s) alleged to have been infringed;

 

The location of the copyrighted work(s) on the Website;

 

Your contact information, such as an address, telephone, fax number, or email address;

 

A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and

A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

 

Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:

 

Identification of the specific materials that have been removed from the Website;

 

Your contact information, such as an address, telephone, fax number, or email address;

 

A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;

 

A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Washington;

 

A statement that you will accept service of process from the notifying party; and Your physical or electronic signature.

 

All rights not expressly granted herein are reserved to Owner.

 

This Agreement is enforced by Billabong Publishing LLC

 

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