Access and Use of the Service
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SERVICE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OR SERVICES OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICE.
Conditions of Use
User Conduct: You are solely responsible for all creative, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via the Service, whether as an Advertiser, end user or otherwise. The following are examples of the kind of content and/or use that is illegal or prohibited by BPU Holdings. BPU Holdings reserves the right to investigate and take appropriate legal action against anyone who, in BPU Holdings’ sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and/or reporting you to the law enforcement authorities. You agree to not use the Service to:
Additional Rules of Conduct:
In your use of the Service, you will comply with the following:
Commercial Use: Except as otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Unless you are a registered Advertiser, the Service is for your personal use and may not be used for direct commercial endeavors.
Intellectual Property Rights
User Content Posted on the Service: You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients, whether as a Advertiser, end user or otherwise (collectively, “User Content”). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant BPU Holdings and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to BPU Holdings are non-confidential and BPU Holdings shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that BPU Holdings may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
You understand that the technical processing and transmission of the Service, including your content, may involve:
Copyright Complaints: BPU Holdings respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify BPU Holdings of your infringement claim in accordance with the procedure set forth below.
BPU Holdings will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to BPU Holdings’ Copyright Agent at email@example.com. (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
BPU Holdings, Inc.
2777 Paradise Road Ste 3102
Las Vegas, Nevada 89109
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, BPU Holdings will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, BPU Holdings has adopted a policy of terminating, in appropriate circumstances and at BPU Holdings’ sole discretion, users who are deemed to be repeat infringers. BPU Holdings may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. BPU Holdings has no control over such sites and resources and BPU Holdings is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that BPU Holdings 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 use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties (including Advertisers) found while using the Service are between you and the third party, and you agree that BPU Holdings is not liable for any loss or claim that you may have against any such third party.
Third Party Services
Third party service providers are independent companies and are not agents of BPU Holdings. All benefits from such third parties are subject to the terms and conditions specified by such third party. BPU Holdings does not have the authority to alter those terms. However BPU Holdings may, in its sole judgment, make any changes or cancellations to any third party service benefits that it believes necessary (to the extent permitted by applicable law).
In addition, BPU Holdings is not responsible for the accuracy, availability or reliability of any software, information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, BPU Holdings is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. BPU Holdings enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BPU HOLDINGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ADVERTISERABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY THIRD PARTY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICE.
BPU HOLDINGS MAKES NO WARRANTY THAT:
Indemnity and Release
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BPU HOLDINGS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BPU HOLDINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:
IN NO EVENT SHALL BPU HOLDINGS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BPU HOLDINGS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that you are solely responsible for your interactions with any other user, Advertiser in connection with the Service and BPU Holdings will have no liability or responsibility with respect thereto. BPU Holdings reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Questions? Concerns? Suggestions?
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Last Revision 02/09/2018