Version Date: December 01, 2017
Company makes no representation that the Website is appropriate or available inother locations other than where it is operated by Company. The informationprovided on the Website is not intended for distribution to or use by anyperson or entity in any jurisdiction or country where such distribution or usewould be contrary to law or regulation or which would subject Company to anyregistration requirement within such jurisdiction or country. Accordingly,those persons who choose to access the Website from other locations do so ontheir own initiative and are solely responsible for compliance with local laws,if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generallyunder the age of 18) are not permitted to register for the Website or use theCompany Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCHACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BYCONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT,OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DONOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THEWEBSITE.
As part of the functionality of the Website, you may link your account withonline accounts you may have with third party service providers (each suchaccount, a Third Party Account) by either: (i) providing your Third PartyAccount login information through the Website; or (ii) allowing Company toaccess your Third Party Account, as is permitted under the applicable terms andconditions that govern your use of each Third Party Account. You represent thatyou are entitled to disclose your Third Party Account login information toCompany and/or grant Company access to your Third Party Account (including, butnot limited to, for use for the purposes described herein), without breach byyou of any of the terms and conditions that govern your use of the applicableThird Party Account and without obligating Company to pay any fees or makingCompany subject to any usage limitations imposed by such third party serviceproviders. By granting Company access to any Third Party Accounts, youunderstand that (i) Company may access, make available and store (ifapplicable) any content that you have provided to and stored in your ThirdParty Account (the Social Network Content) so that it is available on andthrough the Website via your account, including without limitation any friendlists, and (ii) Company may submit and receive additional information to yourThird Party Account to the extent you are notified when you link your accountwith the Third Party Account. Depending on the Third Party Accounts you chooseand subject to the privacy settings that you have set in such Third PartyAccounts, personally identifiable information that you post to your Third PartyAccounts may be available on and through your account on the Website. Pleasenote that if a Third Party Account or associated service becomes unavailable orCompanys access to such Third Party Account is terminated by the third partyservice provider, then Social Network Content may no longer be available on andthrough the Website. You will have the ability to disable the connectionbetween your account on the Website and your Third Party Accounts at any time.PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERSASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOURAGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effortto review any Social Network Content for any purpose, including but not limitedto, for accuracy, legality or non-infringement, and Company is not responsiblefor any Social Network Content. You acknowledge and agree that Company mayaccess your e-mail address book associated with a Third Party Account and yourcontacts list stored on your mobile device or tablet computer solely for thepurposes of identifying and informing you of those contacts who have alsoregistered to use the Website. At your request made via email to our emailaddress listed below, or through your account settings (if applicable), Companywill deactivate the connection between the Website and your Third Party Accountand delete any information stored on Companys servers that was obtainedthrough such Third Party Account, except the username and profile picture thatbecome associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas,feedback or other information about the Website or the Company Services("Submissions") provided by you to Company are non-confidential and Company (aswell as any designee of Company) shall be entitled to the unrestricted use anddissemination of these Submissions for any purpose, commercial or otherwise,without acknowledgment or compensation to you.
You may not access or use the Website for any other purpose other than that forwhich Company makes it available. The Website may not be used in connectionwith any commercial endeavors except those that are specifically endorsed orapproved by Company. Prohibited activity includes, but is not limited to:
A.attempting to bypass any measures of the Website designed to prevent orrestrict access to the Website, or any portion of the Website
B.criminal or tortious activity
C.using any information obtained from the Website in order to harass, abuse,or harm another person
D.using the Company Services as part of any effort to compete with Company or
to provide services as a service bureau
E.using the Website in a manner inconsistent with any and all applicable lawsand regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (Company Content) and the trademarks, servicemarks and logos contained therein (Marks) are owned by or licensed toCompany, and are subject to copyright and other intellectual property rightsunder United States and foreign laws and international conventions. CompanyContent, includes, without limitation, all source code, databases,functionality, software, website designs, audio, video, text, photographs andgraphics. All Company graphics, logos, designs, page headers, button icons,scripts and service names are registered trademarks, common law trademarks ortrade dress of Company in the United States and/or other countries. Company'strademarks and trade dress may not be used, including as part of trademarksand/or as part of domain names, in connection with any product or service inany manner that is likely to cause confusion and may not be copied, imitated,or used, in whole or in part, without the prior written permission of theCompany.
Company Content on the Website is provided to you AS IS for your informationand personal use only and may not be used, copied, reproduced, aggregated,distributed, transmitted, broadcast, displayed, sold, licensed, or otherwiseexploited for any other purposes whatsoever without the prior written consentof the respective owners. Provided that you are eligible to use the Website,you are granted a limited license to access and use the Website and the CompanyContent and to download or print a copy of any portion of the Company Contentto which you have properly gained access solely for your personal,non-commercial use. Company reserves all rights not expressly granted to you inand to the Website and Company Content and Marks.
ALL COMMERCIAL RIGHTS FOR IMAGES HAVE BEEN RETAINED BY BK DIGITAL MEDIA
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the CompanyServices) links to other websites ("Third Party Websites") as well as articles,photographs, text, graphics, pictures, designs, music, sound, video,information, applications, software and other content or items belonging to ororiginating from third parties (the "Third Party Content"). Such Third PartyWebsites and Third Party Content are not investigated, monitored or checked foraccuracy, appropriateness, or completeness by us, and we are not responsiblefor any Third Party Websites accessed through the Website or any Third PartyContent posted on, available through or installed from the Website, includingthe content, accuracy, offensiveness, opinions, reliability, privacy practicesor other policies of or contained in the Third Party Websites or the ThirdParty Content. Inclusion of, linking to or permitting the use or installationof any Third Party Website or any Third Party Content does not imply approvalor endorsement thereof by us. If you decide to leave the Website and access theThird Party Websites or to use or install any Third Party Content, you do so atyour own risk and you should be aware that our terms and policies no longergovern. You should review the applicable terms and policies, including privacyand data gathering practices, of any website to which you navigate from theWebsite or relating to any applications you use or install from the Website.Any purchases you make through Third Party Websites will be through otherwebsites and from other companies, and Company takes no responsibilitywhatsoever in relation to such purchases which are exclusively between you andthe applicable third party.
Company reserves the right but does not have the obligation to:
A.monitor the Website for violations of this Agreement;
B.take appropriate legal action against anyone who, in Companys solediscretion, violates this Agreement, including without limitation, reportingsuch user to law enforcement authorities;
C.in Companys sole discretion and without limitation, refuse, restrictaccess to or availability of, or disable (to the extent technologicallyfeasible) any users contribution or any portion thereof that may violate thisAgreement or any Company policy;
D.in Companys sole discretion and without limitation, notice or liability toremove from the Website or otherwise disable all files and content that areexcessive in size or are in any way burdensome to Companys systems;
E.otherwise manage the Website in a manner designed to protect the rights andproperty of Company and others and to facilitate the proper functioning of theWebsite.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Websiteor are otherwise a user or member of the Website, as applicable. You mayterminate your use or participation at any time, for any reason, by followingthe instructions for terminating user accounts in your account settings, ifavailable, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THERIGHT TO, IN COMPANYS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENYACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FORANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OFANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANYAPPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE ORPARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE ANDANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING,IN COMPANYS SOLE DISCRETION.
In order to protect the integrity of the Website and Company Services, Companyreserves the right at any time in its sole discretion to block certain IPaddresses from accessing the Website and Company Services.
Any provisions of this Agreement that, in order to fulfill the purposes of suchprovisions, need to survive the termination or expiration of this Agreement,shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUTANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANYS THIRDBUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS ANDHOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMALBUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT ORBY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALSRESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account for any reason, you areprohibited from registering and creating a new account under your name, a fakeor borrowed name, or the name of any third party, even if you may be acting onbehalf of the third party. In addition to terminating or suspending youraccount, Company reserves the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.
Company may modify this Agreement from time to time. Any and all changes tothis Agreement will be posted on the Website and revisions will be indicated bydate. You agree to be bound to any changes to this Agreement when you use theCompany Services after any such modification becomes effective. Company mayalso, in its discretion, choose to alert all users with whom it maintains emailinformation of such modifications by means of an email to their most recentlyprovided email address. It is therefore important that you regularly reviewthis Agreement and keep your contact information current in your accountsettings to ensure you are informed of changes. You agree that you willperiodically check the Website for updates to this Agreement and you will readthe messages we send you to inform you of any changes. Modifications to thisAgreement shall be effective after posting.
Company reserves the right at any time to modify or discontinue, temporarily orpermanently, the Company Services (or any part thereof) with or without notice.You agree that Company shall not be liable to you or to any third party for anymodification, suspension or discontinuance of the Company Services.
If there is a dispute between users of the Website, or between users and anythird party, you understand and agree that Company is under no obligation tobecome involved. In the event that you have a dispute with one or more otherusers, you hereby release Company, its officers, employees, agents andsuccessors in rights from claims, demands and damages (actual andconsequential) of every kind or nature, known or unknown, suspected andunsuspected, disclosed and undisclosed, arising out of or in any way related tosuch disputes and/or the Company Services.
All questions of law, rights, and remedies regarding any act, event oroccurrence undertaken pursuant or relating to this Website or the CompanyServices shall be governed and construed by the laws of the State/Commonwealthof New York, excluding such states conflicts of law rules. Any legal actionof whatever nature by or against Company arising out of or related in anyrespect to this Website and the Company Services shall be brought solely ineither the applicable federal or state courts located in or with jurisdictionover Kings county County, State of New York; subject, however, to the right ofCompany, at the Company's sole discretion, to bring an action to seekinjunctive relief to enforce this Agreement or to stop or prevent aninfringement of proprietary or other third party rights (or any similar causeof action) in any applicable court in any jurisdiction where jurisdictionexists with regard to a user. You hereby consent to (and waive any challenge orobjection to) personal jurisdiction and venue in the above-referenced courts.Application of the United Nations Convention on Contracts for the InternationalSale of Goods is excluded from this Agreement. Additionally, application of theUniform Computer Information Transaction Act (UCITA) is excluded from thisAgreement. In no event shall any claim, action or proceeding by you related inany way to the Website and/or the Company Services (including your visit to oruse of the Website and/or the Company Services) be instituted more than two (2)years after the cause of action arose. You will be liable for any attorneys'fees and costs if we have to take any legal action to enforce this Agreement.
Occasionally there may be information on the Website that containstypographical errors, inaccuracies or omissions that may relate to servicedescriptions, pricing, availability, and various other information. Companyreserves the right to correct any errors, inaccuracies or omissions and tochange or update the information at any time, without prior notice.
Company cannot control the nature of all of the content available on theWebsite. By operating the Website, Company does not represent or imply thatCompany endorses any blogs, contributions or other content available on orlinked to by the Website, including without limitation content hosted on thirdparty websites or provided by third party applications, or that Companybelieves contributions, blogs or other content to be accurate, useful ornon-harmful. We do not control and are not responsible for unlawful orotherwise objectionable content you may encounter on the Website or inconnection with any contributions. The Company is not responsible for theconduct, whether online or offline, of any user of the Website or CompanyServices.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOURSOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS,DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NOWARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THEWEBSITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE ANDASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANYSERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORSOR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KINDINCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE,GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE ORFEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TOOR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU ANDTHIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TOYOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANYSERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANYS LIABILITYTO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILLAT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THECOMPANY SERVICES DURING THE PERIOD OF THREE MONTHS PRIOR TO ANY CAUSE OF ACTIONARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THEEXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME ORALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAYHAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITORDOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THERELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENTWITH THE DEBTOR."
You agree to defend, indemnify and hold Company, its subsidiaries, andaffiliates, and their respective officers, agents, partners and employees,harmless from and against, any loss, damage, liability, claim, or demand,including reasonable attorneys fees and expenses, made by any third party dueto or arising out of your contributed content, use of the Company Services,and/or arising from a breach of this Agreement and/or any breach of yourrepresentations and warranties set forth above. Notwithstanding the foregoing,Company reserves the right, at your expense, to assume the exclusive defenseand control of any matter for which you are required to indemnify Company, andyou agree to cooperate, at your expense, with Companys defense of such claims.Company will use reasonable efforts to notify you of any such claim, action, orproceeding which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to Company shall begiven by email to the address listed in the contact information below. Anynotices given to you shall be given to the email address you provided duringthe registration process, or such other address as each party may specify.Notice shall be deemed to be given twenty-four (24) hours after the email issent, unless the sending party is notified that the email address is invalid.We may also choose to send notices by regular mail.
Our Website will maintain certain data that you transfer to the Website for thepurpose of the performance of the Company Services, as well as data relating toyour use of the Company Services. Although we perform regular routine backupsof data, you are primarily responsible for all data that you have transferredor that relates to any activity you have undertaken using the CompanyServices. You agree that Company shall have no liability to you for any lossor corruption of any such data, and you hereby waive any right of actionagainst Company arising from any such loss or corruption of such data.
Your use of the Company Services includes the ability to enter into agreementsand/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOURELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY FORSUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BYELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOUENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION,POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain yourelectronic records, you may be required to have certain hardware and software,which are your sole responsibility.
This Agreement constitutes the entire agreement between you and Companyregarding the use of the Company Services. The failure of Company to exerciseor enforce any right or provision of this Agreement shall not operate as awaiver of such right or provision. The section titles in this Agreement are forconvenience only and have no legal or contractual effect. This Agreementoperates to the fullest extent permissible by law. This Agreement and youraccount may not be assigned by you without our express written consent. Companymay assign any or all of its rights and obligations to others at any time.Company shall not be responsible or liable for any loss, damage, delay orfailure to act caused by any cause beyond Company's reasonable control. If anyprovision or part of a provision of this Agreement is unlawful, void orunenforceable, that provision or part of the provision is deemed severable fromthis Agreement and does not affect the validity and enforceability of anyremaining provisions. There is no joint venture, partnership, employment oragency relationship created between you and Company as a result of thisAgreement or use of the Website and Company Services. Upon Companys request,you will furnish Company any documentation, substantiation or releasesnecessary to verify your compliance with this Agreement. You agree that thisAgreement will not be construed against Company by virtue of having draftedthem. You hereby waive any and all defenses you may have based on theelectronic form of this Agreement and the lack of signing by the parties heretoto execute this Agreement.
In order to resolve a complaint regarding the Company Services or to receivefurther information regarding use of the Company Services, please contactCompany as set forth below or, if any complaint with us is not satisfactorilyresolved, and you are a California resident, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the Department ofConsumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 orby telephone at 1-916-445-1254.
Bk Digital Media
250 N 10th st $532
brooklyn, NY 11211
Phone: (818) 577-6663
s product is our custom search engine that is powered by BING organic and Sponsored page results
For business inqueries or questions, please reach us at:
Phone: (818) 577 6663
Address: 250 N 10th st Brooklyn NY 11211