Effective Date: January 1, 2012
There is no fee for use of the Bestions Site, and no fee to register with the Site or obtain services from the Site.
You are solely responsible for Your conduct and activities on and regarding Bestions and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “User Content”) that You submit, post, or display on Bestions.
Restricted Activities: User Content and Your use of Bestions shall not:
Subject to the licenses granted herein, You retain all of Your ownership rights in User Content owned by You. However, the factual data that you voted for or against something or commented on someone else’s post (by yourself or with others) is the property of Bestions which may be used in any fashion it desires.
Unless otherwise agreed to in a separate written agreement between You and Bestions that was signed by an authorized representative of Bestions:
a) By distributing or disseminating User Content through the Site, You hereby grant to Bestions a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, modify, reproduce, distribute, compress or convert for distribution, and otherwise exploit Your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by Bestions. Such license will apply to any form, media, or technology now known or hereafter developed.
c) By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played.
You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading and publishing Your User Content, You affirm, represent, and warrant that:
(2) Your User Content does not and will not slander, defame, or libel any other person or entity.
(3) The use of Your User Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and
(4) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
(5) You will disclose any direct or indirect interest in any product or service You recommend, including any financial remuneration or free or reduced price products You may receive.
User Content is uploaded at Your own risk. Notwithstanding anything to the contrary herein, Bestions does not guarantee that there will be no unauthorized copying or distribution of User Content nor will Bestions be liable for any unauthorized copying or usage of the User Content.
We may make it possible for Users to upload images or links that include session cookies, web beacons or clear gifs, which may enable You to track affiliate income. Bestions reserve the right to edit referral links posted by Users, to add tags such that affiliate income deriving from our Site is credited to Bestions.
Bestions reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
Take any action that imposes, or may impose, in Bestions’s sole discretion, an unreasonable or disproportionately large load on Bestions’s infrastructure;
Copy, reproduce, modify, create derivative works from, distribute or publicly display any User Content (except for Your own Content) or other allowed uses as set out in the Site except to the extent expressly permitted by and in compliance with the Agreement;
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Without limiting any other remedies, Bestions may, without notice, and without refunding any fees or charges, delay or immediately remove User Content, warn Bestions’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if Bestions suspects or knows (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; Bestions is unable to verify or authenticate personal information or User Content; or Bestions believes that a user is acting inconsistently with the letter or spirit of Bestions’s policies, has engaged in improper or fraudulent activity in connection with Bestions or the actions may cause legal liability or financial loss to Bestions’s Users or to Bestions.
You must be a registered member of the Site to post or upload User Content to Bestions. You may be asked to provide a password upon each login. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to Bestions on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Bestions. You may be liable for the losses incurred by Bestions or others due to any unauthorized use of Your Site account.h2. Third-Party Sites, Products and Services; Links
The Site includes links or references to other web sites or services, which links are provided solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by Bestions, Bestions does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
You agree that Bestions, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Bestions or Your use of the Site and remove and discard all or any part of Your account, User profile, and any User Content, at any time. Bestions may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of Your access to the Site or any account You may have or portion thereof may be effected without prior notice, and You agree that Bestions will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Bestions may have at law or in equity. As discussed herein, Bestions does not permit copyright infringing activities on the Site, and will terminate access to the Site, and remove all User Content or other content submitted by any Users who are found to be repeat infringers.
Your agreement to these disclaimers and the following limitations of liability are a material inducement for Bestions to permit You to access the Site. Your use of the Site, and Bestions’s obligations and liabilities in respect of Your use of the Site, are expressly limited as follows:
If You think You may have a medical emergency, call Your health care provider or local emergency number (911 in the USA) immediately. Content posted by any persons answering medical questions through Bestions will not be considered and is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created by User Content submitted by health care providers.
Information posted to Bestions publicly or sent in an unsolicited message to a health care provider is not confidential, and does not establish a physician-patient relationship without the express consent of the health care provider.
If You think You may have a legal emergency, call Your attorney immediately. Content posted by any persons answering legal questions through Bestions will not be considered and is not intended to be legal advice or instructions for legal action, and no lawyer-client relationship is, or is intended to be, created by User Content submitted by attorneys or paralegals.
Most state bar associations have services to aid you in finding an attorney. For example, California residents should visit http://www.calbar.ca.gov/Public/Pamphlets/HiringaLawyer.aspx
Content is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. No action should be taken, delayed, or deferred based on the Content.
IN ADDITION TO THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER THE APPLICABLE LAW, BY USING THE SITE YOU AGREE AND ACKNOWLEDGE THAT BESTIONS PROVIDES THE SITE AND SERVICES “AS IS” AND, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY RIGHTS OF OTHERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BESTIONS OR THROUGH THE BESTIONS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 13, THE TERM BESTIONS INCLUDES BESTIONS’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN BESTIONS AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.
IN NO EVENT SHALL BESTIONS, AND (AS AND TO THE FULL EXTENT APPLICABLE) AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES OR BESTIONS’S SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING THE CONDUCT OF THIRD PARTIES IN CONNECTION WITH THE USE OF THE SITE, OR ANY PURCHASE MADE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. BESTIONS RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY BESTIONS, AND YOU AGREE TO COOPERATE WITH BESTIONS’S DEFENSE OF THESE CLAIMS. BESTIONS WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Site and any Bestions service.
Bestions intends to provide mobile services without charge to You. You will not have any premium message fees as a result of such services, but please be aware that your carrier’s normal rates and fees, such as data and text messaging fees, will still apply. In the event You change or deactivate your mobile telephone number, You must update Your User Profile on the Site to ensure that messages are not sent to the person who acquires your old number. For further information, check our Site often or send a message through our Contact Us page.
This Agreement shall be interpreted and governed by the law of the Commonwealth of Pennsylvania without regard to its conflict of laws principles. You expressly acknowledge and agree that any claim brought in connection with this Agreement or the subject matter herein shall only be brought in a federal or state court located in Philadelphia, Pennslvania, and You expressly waive all objections You might have to jurisdiction, venue, service of process, forum non conveniens or the like in connection therewith.
Except as expressly stated in this Agreement, any notices You send to Bestions shall be given through our Contact Us page. You agree to accept notices sent to You at the email address You provide to Bestions during the registration process, or as You may update it from time to time. Alternatively, we may give You notice by postal mail, return receipt requested, to any street address You have provided to Bestions. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice sent by postal mail shall be deemed given three (3) days after the date of mailing.
For issues concerning intellectual property, please provide notice as specified in Bestions’s DMCA Copyright and Intellectual Property Policy.
This Agreement and those additional terms and conditions and policies referenced herein represent the complete agreement and understanding with respect to the subject matter of this Agreement. Different or additional terms or conditions in any prior or subsequent communication (whether by email or any other form of communication) shall not add to, modify, or otherwise change the terms and conditions of this Agreement.