Effective: August 8, 2016
DIY Gather by BNB Media - Terms of Service
Modification and Notification of Changes.
Description of Services.
The Site may provide users with access to certain content, features and functionality. You shall be solely responsible for obtaining and maintaining any equipment that may be required in order for you to access the Site. You are also solely responsible for obtaining and satisfying all technical requirements necessary in order to access the Site and any service available therein, including any associated third-party fees (including without limitation, internet charges).
License and Site Access.
BNB Media grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to the Site as intended through the provided functionality of the Site in accordance with the terms and conditions set forth herein and subject to your continued compliance with these Terms of Service.
This foregoing license is limited. Therefore, this does not include the right to (i) download (unless you see a download link displayed by the Site that applies specifically to that particular content) or copy the Site or any portion thereof or any information and content available on or through it including, without limitation, any photos, writing, images, video, interactive features, postings, comments, likes, dislikes, logos, sounds, music, text, emails icons, digital downloads, graphics, software programs or applications (collectively, the "Content") or account information for the benefit of any other party; (ii) copy, modify, create derivative works from, sell, resell, distribute, sub-license or otherwise exploit any Content for commercial or public purposes without BNB Media's express written consent; (iii) post, upload or transmit any content that you do not have the full legal right and authority to make publicly available without charge or restriction of any kind (including, without limitation, the intellectual property of another party); (iv) cache unauthorized hypertext links to the Site or frame or utilize framing techniques to enclose any trademark, logo, or any Content available through the Site without BNB Media's express written consent; (v) post, upload, or transmit any content that contains software viruses or any other programs, files or computer code designed to interrupt, limit or destroy the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in BNB Media's sole determination) an unreasonable or disproportionately large load on the infrastructure of the Site; (vi) post, upload or transmit content that a reasonable person would find objectionable, including without limitation, content that contains obscene language or is threatening, defamatory, infringing of intellectual property rights, invasive of privacy or otherwise injurious to third parties, or which displays or promotes violence, use of firearms, racism, hate, libel, gambling, tobacco, alcohol, pornography, nudity or other offensive subject matter; (vii) post, upload, or transmit any content that consists of mass mailings, chain letters, political campaigning, commercial solicitation or any form of "spam"; (viii) use data mining, robots, or similar data gathering and extraction tools; or (ix) use any metatags or any other hidden text utilizing BNB Media's name or trademarks without the express written consent of BNB Media or the third party that owns the applicable Marks.
You may not bypass any measures used by the Site to prevent or restrict access to the Site or service available therein. In addition to any other remedies that may be available to BNB Media under applicable law, any unauthorized use by you shall immediately terminate the permission and/or license granted to you by BNB Media under these Terms of Service or otherwise in connection with the Site.
The Site is not intended for individuals under the age of 18 or any users suspended or terminated from using the Site by BNB Media for any reason. You may not use the Site if you are under the age of 18 or if BNB Media has suspended or terminated your account or otherwise indicated that you are no longer authorized to use the Site.
By your use of the Site, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions.
Disclaimer of Warranty.
THE BNB MEDIA PROVIDES THE SITE AND ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE VIA THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER BNB MEDIA NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS (EACH, A "BNB MEDIA PARTY") MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE CONTENT OR THE RELIABILITY, ACCURACY, SUITABILITY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY PORTION OF THE SITE, THE SERVICES, CONTENT, NEWS, OPINIONS, FILES OR PRODUCTS MADE AVAILABLE OR ADVERTISED VIA THE SITE.
NONE OF THE BNB MEDIA PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED, NOT DEFECTIVE OR ERROR FREE OR THAT THE SITE OR ANY CONTENT OR FILES SHARED OR MADE AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE SITE AND/OR ANY CONTENT, FILES, OR OTHER OFFERINGS OR SERVICES PROVIDED, ADVERTISED OR MADE AVAILABLE TO YOU VIA THE SITE IS ASSUMED SOLELY BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE BNB MEDIA PARTIES MAKES, AND BNB MEDIA (ON BEHALF OF ITSELF AND EACH BNB MEDIA PARTY) HEREBY SPECIFICALLY DISCLAIMS, ANY AND ALL REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE AND ANY SERVICES, CONTENT, NEWS, OPINIONS, FILES OR ANY PRODUCTS OR OTHER OFFERINGS MADE AVAILABLE OR ADVERTISED VIA THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ANY SERVICES, CONTENT, FILES OR OTHER OFFERINGS MADE AVAILABLE VIA THE SITE IS TO STOP USING THE SITE.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BNB MEDIA OR ANY OTHER ASSOCIATED WITH BNB MEDIA PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTIONS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) RESULTING FROM USE OF THE SITE OR FROM THE CONTENT, SERVICES, PRODUCTS OR OTHER OFFERINGS MADE AVAILABLE OR ADVERTISED VIA THE SITE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
To use this Site you represent and warrant that you are at least 18 years of age and that you have the right, authority and capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may be required to complete login and registration forms about yourself to use the Site and agree to provide only true, accurate, current and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or BNB Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BNB Media has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
You are prohibited from selling, trading, or otherwise transferring your Site account to another party. You are responsible for maintaining the confidentiality of your account information and password (if any), and for restricting access to your account. As part of your use of this Site, you agree to accept responsibility for all activities that occur under your account or, to the extent applicable, your password. Because of this, BNB Media strongly recommends that you exit from your account at the end of each session. You agree to notify BNB Media immediately of any unauthorized use of your account or any other breach of security. BNB Media reserves the right to change or discontinue the Site or any service available therein, refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
You agree to indemnify, defend and hold BNB Media and each BNB Media Party harmless from and against any and all claims, demands, damages, losses, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of or related in any way to (i) your breach of these Terms of Service, (ii) any claim resulting from Unsolicited Information you supply, (iii) your unauthorized use of and/or access to the Site, Content, materials, files, or products made available or advertised via the Site, or (iv) your violation of any law or the rights of a third party, including without limitation, any copyright, property, or privacy right.
When you use the Site or send emails to BNB Media, you are communicating with BNB Media electronically. You consent to receive communications from BNB Media electronically. BNB Media will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Site may incorporate links to external third party sites or resources. Because BNB Media has no control over such sites and resources, you acknowledge and agree that BNB Media is not responsible for the availability of such external sites or resources, and does not guarantee, approve or endorse and is not responsible or liable in any way for any content, advertising, products or other materials on or available from such sites or resources or any activity occurring in connection with such sites or resources. Without limiting the generality of the limitation of liability set forth in these Terms of Service, you further acknowledge and agree that BNB Media shall not be responsible or liable, directly or indirectly, for any damage or loss of any kind caused or alleged to be caused by or in connection with use of, purchase of (to the extent applicable) or reliance on any such content, goods, products or available on or through any such external site or resource. You assume the entire responsibility and risk with respect to the use of any external sites or resources. Any questions or concerns regarding those external sites or resources or any external link should be directed to the site administrator or webmaster for the applicable external site.
Any statements placed on any discussion area, to the extent applicable, are the views of the user posting the statement, and do not represent the views of BNB Media. Users, visitors, and participants alike acknowledge and agree that any reliance on material posted or sent by others is at their own risk. BNB Media does not represent or warrant the accuracy, truthfulness, completeness or reliability of any material posted by others on or through the Site, nor does BNB Media endorse any opinions expressed by users of the Site.
Access to Password Protected/Secure Areas.
Only authorized users may access or use any password protected and/or secure areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Third Party Account Information
Intellectual Property Rights.
The Content on the Site is the sole property of BNB Media and/or its content supplied by a third party and is protected by United States and international intellectual property laws. The compilation of all content on the site is the exclusive property of BNB Media and protected by United States and international copyright laws. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content.
Certain graphics, logos, page headers, icons and service names displayed on the Site are trademarks, registered trademarks or trade dress of BNB Media ("Marks") in the U.S. and/or foreign countries. Users are prohibited from using any Marks for any product or service that is not BNB Media's in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits BNB Media. All other trademarks not owned by BNB Media that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BNB Media.
Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Service.
These Terms of Service and the relationship between you and BNB Media will be governed by and construed in accordance with the substantive laws of the Commonwealth of Massachusetts without regard to principles of conflict of law. You and BNB Media agree to submit to the personal jurisdiction of the federal and state courts located in the Commonwealth of Massachusetts with respect to any claim, action or proceeding that may arise in connection with these Terms of Service or your use of the Site, and such claim, action or proceeding must be brought solely in the state or federal court for Middlesex County, Commonwealth of Massachusetts and any appellate court from any thereof. You waive, to the fullest extent you may legally and effectively do so, any objection or defense you may now or hereafter have (including without limitation the defense of an inconvenient forum) to the laying of venue in any such court of any such suit, action or proceeding. The failure of BNB Media 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. Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
Right to Discontinue the Site.
ATTN: BNB Media
9 Cornerstone Square B400-107
Westford, MA 01886