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Legal Notice and Terms of Service
Use of Bypasstheweb hence forth referred to as BPW software and the
Service is provided by BPW, subject to the notices, terms, and conditions
set forth below and on the BPW web sites. We may regularly amend these
notices, terms and conditions at any time without prior notice by posting
new or revised terms of use policies and other documents on the BPW web
sites. It is important for you to check this and other terms and conditions
related to use of BPW and other BPW products and services from time to time.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE BPW WEB SITE. USE OF
BPW PRODUCTS AND SERVICES CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH NOTICES,
TERMS AND CONDITIONS.
1. Terms of Service
You understand and agree that BPW is provided "AS-IS" and that
we assume no responsibility for the failure or inaccuracy of BPW. You are
responsible for paying all applicable taxes and for all hardware, software,
service and other costs you may incur in connection with your use of BPW,
and providing all equipment and software necessary to connect to our web
site and to use BPW via the Internet. We may add, delete or change some
or all of our services provided in connection BPW at any time. Any new
features that augment or enhance BPW will be subject to these notices,
terms and conditions and will also be subject to all other applicable
BPW policies, terms, notices and conditions as discussed above. We may
establish general practices and limits concerning use of BPW. You agree
to accept these general practices and limits as they may be in effect
from time to time. In addition, we reserve the right at any time and from
time to time to modify or discontinue, temporarily or permanently, BPW
(or any portion thereof), or your access to BPW (or any portion thereof),
for any reason or no reason, with or without notice. You agree that we
will not be liable to you or to any third party for any modification,
suspension or discontinuance of BPW or your access to BPW.
2. No Unlawful or Prohibited Use
As a condition of your use of the BPW Service, you will not use the BPW
Services for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Service in any manner which
could damage, disable, overburden, or impair any BPW Site/Service(s) (or
the network(s) connected to any BPW Site/Service(s)) or interfere with
any other party's use and enjoyment of any BPW Site/Service(s). You may
not attempt to gain unauthorized access to any BPW Site/Service, other
accounts, computer systems or networks connected to any BPW Site/Service,
through hacking, password mining or any other means. You may not obtain
or attempt to obtain any materials or information through any means not
intentionally made available through the BPW Site/Service(s). You are responsible
for any content that you post or transmit on or through the Service. You
will not use the Service to carry out unlawful activities. You will not
use the Service to spam or invade the privacy of, or threaten, other persons.
If you violate any of these terms and conditions, your permission to use
the BPW Site/Service(s) automatically terminates.
3. BPW's Right to Run Advertising Without Compensation to Users
BPW reserves the right to run advertisements and promotions on all pages
of the BPW web sites. By accessing your BPW accounts, you agree that we
have the right to run such advertisements and promotions without compensation
to you. The timing, frequency, placement and extent of advertising by
us within the pages comprising your BPW account is subject to change and
shall be determined by us in our sole discretion. Your correspondence
or business dealings with, or participation in promotions of, advertisers
found on or through the BPW web sites or BPW client, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that BPW will not be responsible
or liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such advertisers
on the BPW web sites.
4. Links to Third-Party Sites
The BPW website may provide, or third parties may provide, links to other
World Wide Web sites or other Internet resources. Any third-party sites
to which BPW may link are not under control of BPW. BPW does not have any
responsibility or liability for any information, contents, communications
or materials available on such third-party sites.
5. Applicable law
This Legal and Terms of Service as well as all disputes arising out of
or in connection with this terms shall be governed by the laws of the
United States, without regard to or application of choice of law rules
or principles. Any dispute arising out of or in connection with this Legal
and Terms of Service, or in future agreements resulting there from, shall
be exclusively resolved before the competent court in the United States.
6. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable content.
7. Indemnification
BPW users must agree to indemnify and hold BPW, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of content you submit, post to or
transmit through the Service, your use of the Service, your connection
to the Service, your violation of these notices, terms and conditions,
or your violation of any rights of another.
BY USING BPW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND
BY THESE NOTICES, TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THE BPW
SOFTWARE AGREEMENT, WHICH INCLUDES THIS BPW LEGAL NOTICE AND TERMS OF SERVICE
AND THE OTHER POLICIES AND DOCUMENTS POSTED ON THE THE BPW WEB SITES, WHICH
MAY BE MODIFIED FROM TIME TO TIME BY BPW, AND ANY OTHER MATERIALS EXPRESSLY
INCORPORATED HEREIN BY REFERENCE, ARE THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE RIGHTS AND LIABILITIES OF THE PARTIES, AND SUPERSEDE ANY AND ALL
PRIOR AND CONTEMPORANEOUS WRITTEN OR ORAL AGREEMENTS EXISTING BETWEEN
THE PARTIES WITH RESPECT TO SUCH SUBJECT MATTER.
8. No Resale or Service
None of BPW's users is allowed to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the Service, use
of the Service, or access to the Service.
9. Modifications to or Suspension of Service
BPW reserves the right to modify or discontinue the Service temporarily
or permanently, at any time, with or without notice. BPW will attempt to
provide reasonable notice of such changes to the services or the site.
10. BPW's Proprietary Rights
The BPW name, the BPW logo, and other BPW related properties are trademarks
of BPW. All other trademarks appearing on the Service are trademarks of
their respective owners.
11. Disclaimer of Warranties
The services, content, audio transmissions or other data of any kind
or nature made available at the site are provided on an "AS IS"
and "AS AVAILABLE" basis or at the specific providers own terms.
All representations and warranties, either express or implied are disclaimed,
including but not limited to, warranties of title, non-infringement, merchantability
or fitness for a particular purpose. BPW makes no warranty, representation
or guaranty as to the content, accuracy, timeliness or completeness of
the site or the information or that the information may be relied upon
for any reason. Any material downloaded through the service is done at
your own discretion and risk and that you will be solely responsible for
any damage to your computer system or loss of data that results from the
download or use of any such material.
12. Limitation of Liability
You understand and agree that BPW shall not be liable for any direct,
indirect, incidental, special, consequential, or exemplary damages, including
but not limited to damages for loss of profits, goodwill, use, data or
other intangible losses, resulting from:
(i) The use or the inability to use the service;
(ii) The cost of procurement of substitute goods, data, information or
services purchased or obtained or messages received or transactions entered
into through or from the service;
(iii) Unauthorized access to or alteration of your transmissions or data;
(iv) Statements or conduct of any third party on the service; or
(v) Any other matter relating to the service.
13. Willful misconduct and death or injury
The limitation of liability referred to in article 12 shall not apply
in the event of (i) willful misconduct or gross negligence on the part
of BPW and/or (ii) in the event of claims for compensation as a result
of death or injury. However, in no event shall BPW's total liability to
you for all damages exceed the amount of a $100.
14. Notice
The Service may provide notices of changes to the License Agreement or
other matters by displaying notices or links to notices to you generally
on the Service. You are obliged to update you knowledge hereto continuously.
Lack of knowledge does not imply that these terms are not accepted by
you.
15. Miscellaneous
These Terms of Service constitute the entire understanding of you and
BPW with respect to the subject matter hereof. There are no understandings,
agreements, conditions or representations, oral or written, express or
implied, with reference to the subject matter hereof that are not merged
herein, expressly referenced herein, or superseded hereby. You also may
be subject to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party software. The
failure or delay of BPW to exercise or enforce any rights or provision
of the Terms of Service may not constitute a waiver of such right or provision.
All provisions which must survive in order to give effect to their meaning,
shall survive any expiration or termination of these Terms of Service,
including without limitation all of your representations, warranties and
indemnification obligations. Should any part of these Terms of Service
be held invalid by any court or tribunal, such invalidity shall not affect
the validity of any remaining part, which will remain in full force and
effect as if these Terms of Service had been executed without that part
having been held to be invalid.
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