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B and B
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Welcome to B and B, a service for Bed And Breakfasts world Wide & B and B Owners. You must
read and agree to these terms and conditions before you may access or view
our site. Please read them carefully. By visiting the B and B
website, you are agreeing to its terms. This Agreement is subject to
change at any time, and changes are effective upon posting. Bookmark this
page and check it frequently as it is up to you to refer to this page for
any amendments/changes to the original Agreement.
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1. Eligibility:
You must be
eighteen or over to register as a member or to use this site. Membership
in the service is void where prohibited by law. By using and/or viewing this
site, you represent and warrant that you have the right, authority, and
capacity to enter into this Agreement and to abide by all of its terms and
conditions and that you are at least 18-years old (21-years old in AL, MS,
NE, WY, and any other location where 18 is not the age of majority).
2. Fees/Termination:
B and B
usage and/or subscription fees were outlined to you upon registration and
may change from time to time upon electronic notice to you.
B and B reserves the right to terminate your access to the
site for any reason or no reason. B and B may terminate
your membership upon sending notice to you at the email address you
provide in your application for membership or such other email address as
you may later provide to us. If B and B terminates your
membership in the B and B service because you have breached
this Agreement, you will not be entitled to any refund of any unused
subscription fees. Even after this Agreement is terminated, certain
provisions will remain in effect including sections 1, 3, 14, inclusive,
of this Agreement.
3. Use by Members/Viewers:
Illegal and/or unauthorized uses of the
site, including unauthorized framing of or linking to the site or the
sending of unsolicited bulk commercial e-mail will be investigated, and
appropriate legal action will be taken, including without limitation,
civil, criminal, and injunctive redress. In order to prevent the sending
of unsolicited email to its members, B and B may take
reasonable steps, including the limiting of the numbers of emails sent by
a member.
4. Proprietary Rights of Content on B and B :
B and B
owns and retains other proprietary rights in the B and B site
and the B and B service. The site contains the copyrighted
material, trademarks, and other proprietary information of
B and B ., and its licensors. Except for that information
which is in the public domain or for which you have been given permission,
you may not copy, modify, publish, transmit, distribute, perform, display,
or sell any such proprietary information.
5. Content Posted on the Site/CDA:
A)
B and B claims immunity from liability to the fullest extent
under the law and as provided under the Communications Decency Act for
Content provided by third parties and members and nothing in this
Agreement is intended to waive, remove, or usurp such immunity. You
understand and agree that B and B may delete any content,
messages, photos or profiles (collectively, "Content") that in
the sole judgment B and B violates the Terms of Use or which
might be offensive, illegal, or that might violate the rights, harm, or
threaten the safety of B and B and/or its members.
B) You are solely responsible for the content that you publish or display
(hereinafter, "post") on the B and B, or
transmit to other B and B members.
C) By posting content to any public area of B and B, you
automatically grant, and you represent and warrant that you have the right
to grant, to B and B and its members, an irrevocable,
perpetual, non-exclusive, fully-paid, worldwide license to use, copy,
perform, display, and distribute such information, rights of publicity,
and content and to prepare derivative works of, or incorporate into other
works and other media, such information and content, and to grant and
authorize sublicenses of the foregoing. As a visitor to
B and B if you provide B and B with your e-mail
address via a registration process or post it on B and B
you thereby authorize B and B and its affiliates and any
entities that B and B becomes involved with or merges with,
the right to use and/or sell your valid email address for any marketing
programs or communications with you.
D) The following is a partial list of the kind of content that is illegal
or prohibited on the site. B and B will investigate and take
appropriate legal action in its sole discretion against anyone who
violates this provision, including without limitation, removing the
offending communication from the service and terminating the membership of
such violators. It includes content that: is patently offensive to the
online community, such as content that promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual; harasses or
advocates harassment of another person or invades their privacy; involves
the transmission of "junk mail", "chain letters," or
unsolicited mass mailing or "spamming"; promotes information
that you know is false, misleading or promotes illegal activities or
conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page); displays
pornographic or sexually explicit material of any kind; provides material
that exploits people under the age of 18 in a sexual or violent manner, or
solicits personal information from anyone under 18; provides instructional
information about illegal activities such as making or buying illegal
weapons, violating someone's privacy, or providing or creating computer
viruses; solicits passwords or personal identifying information for
commercial or unlawful purposes from other users; and engages in
commercial activities and/or sales without our prior written consent such
as contests, sweepstakes, barter, advertising, and pyramid schemes.
E) You must use the B and B service in a manner consistent
with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the content
contained herein without our prior expressed written permission. You agree
that you will not use any device, software or routine to bypass or to
interfere or attempt to interfere with the proper working of the
B and B Site. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on our
infrastructure. Much of the information on our site is updated on a real
time basis and is proprietary or is licensed to B and B
by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other members
to buy or sell any products or services through the service. You will not
transmit any chain letters or junk email to other B and B
members. Although B and B cannot monitor the conduct of its
members off the B and B site, it is also a violation of these
rules to use any information obtained from the service in order to harass,
abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to any member without their prior explicit consent.
6. Copyright Policy/DMCA Notice:
You may not post,
distribute, or reproduce in any way any copyrighted material, trademarks,
or other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights or otherwise have a valid
basis under the law, including "fair use". Without limiting the
foregoing, if you believe that your work has been copied and posted on the
B and B service in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following
information consistent with the Digital Millennium Copyright Act (DMCA):
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of where
the material that you claim is infringing is located on the our site
including the URLs of web pages and/or hyperlinks; your address, telephone
number, and email address; a written statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright
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 owner or authorized to act on the copyright owner's
behalf. B and B , I Copyright Agent for Notice of claims of
copyright infringement can be reached as follows:
General Counsel, B and B,
1930 Yonge St. #1244
Toronto, Ontario, Canada, M4S 1Z4
It is the intention of B and B to fully comply with the
DMCA, including the Notice and "take down" provisions and to
benefit from the safe harbors immunizing it from liability to the fullest
extent provided by law, and to the extent the Notice and "take
down" requirements above deviate from the requirements under the DMCA
then the Notice requirements as provided by the DMCA shall control and are
herein incorporated by reference.
7. Member Disputes:
B and B. does not control the information provided by other
users that are made available through our system. You may find other
user's information to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and safety when using our site. You are
solely responsible for your interactions with other
B and B members. Because it is not involved in member
interactions, in the event that you have a dispute with one or more
members or those who have posted, viewed, or used information on the
B and B site, you release B and B, including
its officers, directors, agents, subsidiaries and employees, from claims,
demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes. If you are a
California resident, you waive California Civil Code § 1542, which says:
"A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor." B and B. reserves the
right, but has no obligation, to monitor disputes between you and other
members.
8. Privacy:
Use of the
B and B site and/or its service is governed by our Privacy
Policy, which may change from time to time upon electronic notice to
you.
9. Disclaimers:
B and B, including its officers, directors, agents,
subsidiaries and employees is not responsible for any incorrect or
inaccurate content posted on the site or in connection with the
B and B, whether caused by users, members or by any of the
equipment or programming associated with or utilized in the service, nor
for the conduct of any user and/or member of the B and B
service whether online or offline. B and B. assumes no
responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of, user and/or
member communications. B and B is not responsible for
any problems or technical malfunction of any telephone network or lines,
computer on-line-systems, servers or providers, computer equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any website or combination
thereof, including injury or damage to users and/or members or to any
other person's computer related to or resulting from participating or
downloading materials in connection with the B and B
site and/or in connection with the B and B service.
Under no circumstances B and B, be responsible for any
loss or damage resulting from anyone's use of the site or the service
and/or any content posted on the B and B site or
transmitted to B and B Members. The site and the service
are provided "AS-IS" and B and B expressly
disclaims any warranty of fitness for a particular purpose or
non-infringement. B and B cannot guarantee and does not
promise any specific results from use of the site and/or the
B and B service.
10. Limitation on Liability:
Except in
jurisdictions where such provisions are restricted (and in that event
liability is disclaimed to the fullest extent permitted by law), in no
event will B and B be liable to you or any third person for
any indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits arising from your use of the site or
the B and B service, even B and B has
been advised of the possibility of such damages. Notwithstanding anything
to the contrary contained herein, B and B, Inc.'s
liability to you for any cause whatsoever, and regardless of the form of
the action, will at all times be limited to the amount paid, if any, by
you to B and B for the service during the term of
membership.
11. U.S. Export Controls:
Software from this
site is further subject to United States export controls. No software from
this site may be downloaded or otherwise exported or re-exported (i) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the U.S. has embargoed goods; or (ii)
to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant that you are
not located in, under the control of, or a national or resident of any
such country or on any such list.
12. Arbitration of Disputes:
Any and all
disputes arising out of these Terms of Use and/or your relationship
with B and B shall be submitted to the binding
arbitration according to the rules of the American Arbitration
Association. The party to the arbitration shall evenly divide any and all
costs of the arbitration. Neither party shall be entitled to attorney
fees. The arbitration shall take place exclusively in Santa Clara County,
California and shall be governed by California law without regard to its
conflict of law provisions.
13. Indemnity:
You agree to
indemnify and hold B and B, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless
from any loss, liability, claim, or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your use
of the service in violation of this Agreement and/or arising from a breach
of these Terms of Use and/or any breach of your representations and
warranties set forth above.
14. Notices/Other:
Except as
explicitly stated otherwise, any notices shall be given by postal mail to:
General Counsel, B and B
1930 Yonge St. #1244
Toronto, Ontario, Canada, M4S 1Z4
or to the email address you provide to B and B during the
registration process. Notice shall be deemed given 24 hours after email is
sent, unless the sending party is notified that the email address is
invalid. Alternatively, B and B may give you notice by
certified mail, postage prepaid and return receipt requested, to the
address provided to B and B during the registration
process. In such case, notice shall be given 3 days after the date of
mailing. You agree that this Agreement and all incorporated Agreements may
be automatically assigned by B and B, in our sole
discretion, to a third party. Headings are for reference purposes only and
in no way define, limit, construe or describe the scope or extent of such
section. References to B and B shall include its
subsidiaries, affiliates, officers, agents, and other partners and
employees. B and B failure to act with respect to a
breach by you or others does not waive its right to act with respect to
subsequent or similar breaches. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue in full force and
effect.
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