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THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS WHICH AFFECT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE READ THEM THOROUGHLY AS CLICKING THE "I ACCEPT" BUTTON OR USING THIS WEBSITE CONSTITUTES ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS OF THIS CONTRACT.
BBFul provides this website and its services to you subject to the following terms and conditions, which services or terms and conditions may be changed by BBFul at any time without notice.
Throughout this document the terms "site", "us", "we" and "our" refer to BBFul.
Throughout this document the terms "your", "you" and "user" refer to parties other than BBFul governed by this contract.
DISCLAIMER
This website and all information, images, artwork, text, video, audio, pictures and other materials through on this website and its affiliated services, as well as the website design, content and arrangement (collectively, the "Information") is provided "AS IS". BBFul makes no representations or warranties of any kind, express, implied, statutory or otherwise as to the operation of this website, its services, or the Information INCLUDING BUT NOT LIMITED TO IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BBFul IS NOT RESPONSIBLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES IN ANY WAY ARISING OUT OF YOUR USE OF THIS WEBSITE, ITS SERVICES OR THE Information, INCLUDING ANY DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR PERSONAL INFORMATION BEING TRANSMITTED BETWEEN YOU AND BBFul, OR TO OTHER USERS.
BBFul is NOT RESPONSIBLE FOR LOST, DELETED, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES, MAIL, PICTURES, IMAGES, MUSIC OR INFORMATION, UNAVAILABLE CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED TRANSMISSIONS, ONLINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES.
BBFul allows, but does not encourage users in any way to submit for distribution any personal information over the Internet.
EXCLUSION OF LIABILITY
BBFul WILL NOT BE HELD LIABLE TO OR BY ANY PARTY GOVERNED BY THIS CONTRACT FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THIS WEBSITE OR BBFul SERVICES, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR BBFul IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE BASIS ON WHICH A CLAIM FOR DAMAGES IS MADE.
BBFul SHALL NOT BE HELD LIABLE FOR THE LOSS OF ANY PERSONAL INFORMATION SUBMITTED BY USERS FOR DISTRIBUTION ON BBFul.COM SERVICES. USERS SUBMIT THIS INFORMATION AT THEIR OWN RISK.
BY PARTICIPATING IN ANY OFFLINE BBFul EVENT, YOU AGREE TO RELEASE AND HOLD BBFul HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM YOUR PARTICIPATION IN ANY SUCH OFFLINE BBFul EVENT.
ELIGIBILITY
In order to register as a member of BBFul or use this site you must be OVER THE AGE OF 18 AND ACCEPTS THE TERMS OF THIS AGREEMENT. Membership is void where prohibited. By using BBFul you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions contained within this Agreement.
STATUS OF PARTIES
You the User act in the capacity of author and publisher of any content you, the User, produce and make publicly available through the use of the BBFul.com service.
BBFul.com, with regards to this user generated content, acts solely in the capacity as a distributor, and assumes no responsibility of any kind whatsoever for such content.
PROPRIETARY RIGHTS OF BBFul CONTENT
BBFul owns and retains other proprietary rights in the BBFul site and service. The site contains the copyrighted material, trademarks and other proprietary information of BBFul. Except for information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
CONTENT PRODUCED FOR DISTRIBUTION ON BBFul
You understand and agree that BBFul reserves the right to delete any accounts, content, messages, photos or profiles (collectively, "Content") that in the sole judgment of BBFul violate the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of BBFul and/or its Members.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the BBFul service, or transmit to other BBFul Members.
By producing Content for distribution in any public area of BBFul, you automatically grant, and you represent and warrant that you have the right to grant, to BBFul, and other BBFul Members, an irrevocable, perpetual, non-exclusive, worldwide license to use any uploaded content for personal non-profit use.
By producing Content for distribution in any public area of BBFul, you automatically grant, and you represent and warrant that you have the right to grant, to BBFul the right to use all uploaded Content for promotional use in any medium without BBFul providing any notice of use or compensation of any kind.
The following is a partial list of the kind of Content that is illegal or prohibited on the Site. BBFul will investigate and take appropriate action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service, terminating the Membership of such violators, as well as other legal actions. It includes Content that:
* is patently offensive to the online community, including but not limited to Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; 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, or defamatory;
* 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 express written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You will not transmit any chain letters or junk email to other BBFul Members. Although BBFul cannot monitor the conduct of its Members off the BBFul 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.
While BBFul does make efforts to ensure that content distributed through our services complies with this provision, BBFul makes no assurances, guarantees or warranties that the content found on the service will be screened to ensure its compliance with this provision. However, users are encouraged to report any violations of this provision to the BBFul Administration for review.
BBFul further reserves the right to submit any information provided or distributed on the site to authorities in the case of criminal matters. This includes any information distributed in areas outlined as private under our privacy policy such as, but not limited to Private Messages.
MEMBER DISPUTES
You are solely responsible for your interactions with other BBFul Members. BBFul reserves the right, but has no obligation, to monitor disputes between you and other Members.
JURISDICTION
The laws in force in the province of High Point, NC, will govern this contract, terms, conditions and any claims you make against BBFul. You agree that any action at law or in equity arising out of or relating to these disclaimers, terms and conditions will be filed solely in the courts located in High Point, NC, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action, notwithstanding your place of residence.
This agreement is made, executed, and delivered in High Point, NC, any controversy arising from, or in relation to this Agreement shall be governed by and construed in accordance to the domestic laws of High Point, NC. The parties hereto and hereby agree that any disputes arising from this agreement shall be submitted to, and be subject to the to the jurisdiction of the courts of High Point, NC, which shall have exclusive jurisdiction in the event of any dispute hereunder. Furthermore, the parties hereby irrevocably submit and attorn the jurisdiction of such courts to finally adjudicate and action arising out of this agreement.
Additionally, the parties hereto hereby agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and is strictly excluded.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that all information that you provide in the BBFul Application Form is personal to you and that all images or photographs submitted by you are images or photographs of you or images of which you own the rights to, or have been granted the express right to publish and distribute.
INDEMNIFICATION
You will indemnify and hold harmless BBFul for and against any and all actions, costs, damages and reasonable attorney fees arising out of your use of the BBFul services, your breach of any of these terms and conditions or your infringement of any third party's intellectual property rights.
GENERAL
BBFul may amend these Website Terms of Use at any time. Accordingly, you should periodically re-visit these terms to review the then-current Website Terms of Use governing your use of this website. Your continued use of the services provided through the BBFul website constitutes your acceptance of the then-current Website Terms of Use. If any part of these Website Terms of Use is deemed unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining disclaimers, terms and conditions. BBFul reserves the right at any time to begin charging for access to this website and its services.
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