Rules and Conduct
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content using any communications services related to the Services, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- imposes an unreasonable or disproportionately large load on Bobit Business Media's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or otherwise;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Bobit Business Media or any third party;
- impersonates any person or entity without his, her or its express written consent; or
- involves commercial activities without the prior written consent of Bobit Business Media.
It is Bobit Business Media's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue Services to repeat offenders. Notices to Bobit Business Media regarding any alleged copyright infringement should be addressed to: Nail Art Gallery, c/o Bobit Business Media, Inc., 3520 Challenger Street, Torrance, CA 90503.
You will not use any robot, spider, scraper or other automated means to access the Services for any purpose without Bobit Business Media's written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Bobit Business Media's sole discretion an unreasonable or disproportionately large load on Bobit Business Media's infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures Bobit Business Media may use to prevent or restrict access to the Services.
You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Services or any Content available at or through the Services (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. In addition, you shall not remove any proprietary notices or labels.
Bobit Business Media may remove any Content from the Services at any time for any reason (including, but not limited to, upon receipt of a claim or allegation from third parties or authorities relating to such Content), or for no reason at all.
The Services allow you to upload your own photos, text and other Content ("Submission(s)") provided that you do so strictly in accordance with any instructions provided in the Services.
By uploading (or otherwise submitting) Submission(s) to the Services, you:
- grant to Bobit Business Media a non-exclusive, royalty-free, perpetual, limited license to use, publish, reproduce, display, distribute, use for Promotional Purposes (defined below), and sublicense for Cross-Promotional Purposes (defined below) such Submission(s), either through print, online, or other media (collectively, "Publicize");
- represent and warrant to Bobit Business Media that you are the original creator of the Submission(s);
- represent and warrant to Bobit Business Media that you own or otherwise control all rights to such Submission(s) and that use and disclosure of the Submission(s) by Bobit Business Media (including, without limitation, Publicizing the Submission(s)) will not infringe or violate the rights of any third party;
- have the explicit permission of any person pictured in your photo to post the image online, with or without identifying such individual and without renumeration by Bobit Business Media to such individual. If the person(s) pictured in your submission is under 18 years of age, you represent that you are the parent or guardian of the minor individual and have implicit permission to allow their image to be made public. If you are not the parent or guardian, you have the explicit permission of the parent or guardian of the minor person to use their image in your Submission and post it online.
- agree not to provide Bobit Business Media with any confidential or proprietary information that you desire to or are required to keep secret.
- assign a monetary value of $0 (zero dollars) to any individual image or collection of artwork (Submission) or other material posted on NAILS Magazine.
Bobit Business Media's foregoing right to Publicize your Submission(s) may only be revoked by you prior to Bobit Business Media's decision to Publicize the Submission(s), which decision is made internally by Bobit Business Media without notice to you. To revoke Bobit Business Media's right to Publicize your Submission(s), Bobit Business Media must receive written notice from you at [email protected] prior to its internal decision to Publicize your Submission(s). Therefore, if you wish to revoke Bobit Business Media's right to Publicize your Submission(s), you must notify Bobit Business Media immediately. Once Bobit Business Media has made an internal decision to Publicize your Submission(s), you will no longer be able to revoke Bobit Business Media's right to Publicize your Submission(s) and Bobit Business Media will have no obligation to discontinue or prevent your Submission(s) from being Publicized. After Bobit Business Media has received your written notice of revocation, Bobit Business Media will have a commercially reasonable period of time to implement your request.
As a condition to some uses of the Services, you will be required to register with Bobit Business Media and select a password and screen name ("Bobit Business Media User ID"). You must provide Bobit Business Media with accurate, complete, and updated registration information. You may not (i) select or use as an Bobit Business Media User ID a name of another person with the intent to impersonate that person; (ii) use as an Bobit Business Media User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as an Bobit Business Media User ID a name that is otherwise offensive, vulgar or obscene. Bobit Business Media reserves the right to refuse registration of, or cancel an Bobit Business Media User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Bobit Business Media password. You may never use another user's account without such user's express permission. You will immediately notify Bobit Business Media in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Third Party Sites
The Services may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Services. These other websites are not under Bobit Business Media's control, and you acknowledge that Bobit Business Media is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link in the Services does not imply endorsement by Bobit Business Media or any association with its operators. You further acknowledge and agree that Bobit Business Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any third party website or resource.
Any third party such as a blogger or reviewer that seeks to reproduce a Submission without express written consent from Bobit Business Media or the original creator of such Submission may do so (a) only in order to provide a link or other reference to the Website or NAILS Magazine, and (b) only if the creator of such Submission is given artistic credit for his or her work within such link or reference. Any party that violates the aforementioned regulation shall be subject to legal action for the infringement of copyright and/or other proprietary rights, as applicable.
THE SERVICES AND ALL CONTENT (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE FOREGOING ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. BOBIT BUSINESS MEDIA MAKES NO WARRANTIES OF ANY KIND IN REGARD TO THE CONTENT, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR OTHERWISE POSTED BY USERS OF THE SERVICES.
Limitation of Liability
IN NO EVENT SHALL BOBIT BUSINESS MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS, ADVERTISERS OR USERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES OR ANY CONTENT (I) FOR ANY LOST PROFITS OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICES. YOU SPECIFICALLY RELEASE BOBIT BUSINESS MEDIA FROM ALL LIABILITY FOR ANY USER CONTENT OR CONDUCT.
Integration and Severability