Access and Use of the Service
- Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify BPU Holdings of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. BPU Holdings will not be liable for any loss or damage arising from your failure to comply with this Section.
- Modifications to Service: BPU Holdings reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BPU Holdings shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- General Practices Regarding Use and Storage: You acknowledge that BPU Holdings may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on BPU Holdings’ servers on your behalf. You agree that BPU Holdings has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that BPU Holdings reserves the right to terminate accounts that are inactive for an extended period of time, not less than six (6) months. You further acknowledge that BPU Holdings reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
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:
- post, email or otherwise transmit any content that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- poses or creates a privacy or security risk to any person;
- infringes any intellectual property or other proprietary rights of any party;
- constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- in the sole judgment of BPU Holdings, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose BPU Holdings or its users to any harm or liability of any type;
- fraudulently add or inflate leads, clicks or other actions or use other fraudulent means of traffic generation (as determined solely by BPU Holdings, such as pre-population of forms or mechanisms not approved by BPU Holdings);
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- interfere with or disrupt the Service, tracking system or tags, servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Additional Rules of Conduct:
In your use of the Service, you will comply with the following:
- You will not advertise, sell or offer any products or services without providing a reasonably detailed, true and accurate (i) description of the product or service, (ii) the cost of such product or service (including any continuing costs) and (iii) any experience, additional expense, product or service that may be reasonably necessary to use the offered products or services.
- You will immediately notify BPU Holdings of any regulatory or legal complaints or threats thereof (from a consumer, government entity or otherwise), that you receive in connection with any products or services you offer through the Services. You will assist BPU Holdings, at your sole cost and expense, in taking any actions reasonably requested by BPU Holdings to respond to or resolve such complaints.
- You will comply with all applicable Federal Trade Commission (“FTC”) Guidelines with respect to your Offers, including the FTC’s Revised Endorsement Guidelines (available here: http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf), which reflect three basic principles: (i) endorsements must be truthful and not misleading; (ii) if you do not have proof that the endorser’s experience represents what consumers will achieve by using the product or service, the Offer must clearly and conspicuously disclose the generally expected results in the depicted circumstances; and (iii) if there is a connection between the endorser and the marketer of the product that would affect how people evaluate the endorsement, it should be disclosed. For more information, you can also visit:http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking.
- You will not fraudulently add or inflate leads, clicks or other actions or use other fraudulent means of traffic generation (as determined solely by BPU Holdings, such as pre-population of forms or mechanisms not approved by BPU Holdings).
- You will not offer or imply any warranty or other policy with respect to any Offers, other than those offered by the applicable Advertiser.
- All statements and representations you make in connection with any Offers will be truthful, complete and accurate, and will contain all disclosures and disclaimers necessary to prevent such Offers from being false, misleading, unfair or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with applicable law, including FTC regulations, policies and guidelines governing advertising, disclosure and consumer protection, including those with respect to online advertising available here: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus41.pdf.
- You will use the applicable Advertiser’s trademarks, logos, trade names or service marks in accordance with such Advertiser’s trademark guidelines provided by the Advertiser.
- You will comply with the CAN-SPAM Act. For more information, you can visit: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business.
- You will not send or attempt to send email to any third party who has (i) not explicitly requested to receive such messages specifically from you, or (ii) expressly requested not to receive email communications from you.
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:
- comply with legal process, applicable laws or government requests;
- respond to claims that any content violates the rights of third parties; or
- protect the rights, property, or personal safety of BPU Holdings, its users and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
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 firstname.lastname@example.org. (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:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site or Service, with enough detail that we may find it on the Site or Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
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:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
- your name, address, telephone number, and email address; and
- a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
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:
- THE SERVICE WILL MEET YOUR REQUIREMENTS,
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE (INCLUDING WITHOUT LIMITATION FROM ADVERTISER OFFERS) WILL MEET YOUR EXPECTATIONS.
- regarding the correctness, validity, legality of any third party Advertiser (OR THE PRODUCTS AND SERVICES OF SUCH ADVERTISER) THAT provides instruction, advice, opinionS or recitation of facts VIA THE SERVICE.
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:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
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