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LEGAL
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WEB SITE TERMS AND CONDITIONS
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Bellcomb.com (“Site”) is a Web site operated by Bellcomb Technologies
Incorporated. Please read these Terms and Conditions (“Terms”)
carefully before using this Site.
By using the Site, you agree to abide by the following Terms. If you do
not agree to be bound by these Terms, do not use this Site.
We reserve the right to change or modify all or some of these Terms at
any time, solely at our discretion. Please check these Terms
periodically for changes. Your continued use of our Site following the
posting of such changes means you agree to abide by them.
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REPRESENTATIONS AND WARRANTIES
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You are responsible for obtaining and maintaining all software,
hardware, telephone and/or data services, and other equipment and
services needed to access and use our Site, along with all related
expenses, fees and other costs.
Information provided on the Site is provided on an “as is” basis, and
carries no express or implied warranties as to accuracy, timeliness,
delivery or mis-delivery, failure to store, content errors, omissions
or infringing content, that the content will meet your requirements, or
that use and/or operation of the Site will be uninterrupted and
error-free. The information herein has been obtained from sources that
we believe to be reliable, but its accuracy and completeness are not
guaranteed.
We make no warranties, express, implied or statutory, including, but
not limited to, any warranty of merchantability or fitness for a
particular purpose.
We are not liable for any damages or injury caused by or related to,
including but not limited to, any reliance on the Site’s content, any
performance failure, error, omission, interruption, defect, delay in
operation of transmission, computer virus, failure to store any user
communications or personalization settings or line failure, nor are we
liable for any damages or injury, including but not limited to, special
or consequential damages that result from the use of, or the inability
to use, the materials or content in this Site.
The above limitation or exclusion may not apply to you to the extent
that applicable law may not allow the limitation or exclusion of
liability for incidental or consequential damages.
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LINKS AND THIRD-PARTY CONTENT
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Our Site may contain links to other Web sites that are not under our
control. We do not review, control or monitor the practices,
information or materials on any other Web sites, and are not
responsible or liable for the communications, practices, information,
content or materials of any of those sites. We provide these links as a
convenience and do not endorse those sites, companies, their products
or services. You are responsible for adhering to any other site’s terms
and conditions.
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ACCEPTABLE USE POLICY
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You agree to use our Site for lawful purposes only, and to not use it to:
- upload, post, e-mail or otherwise transmit any content that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethically or otherwise objectionable, or that encourages conduct that would violate any law, or which, without our prior written approval, contains advertising or any solicitation with respect to products or services;
- impersonate any person or entity, or misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through our Site;
- upload, post, e-mail or otherwise transmit any content that you do not have a legal right to transmit;
- upload, post, e-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- interfere with or disrupt our servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to our Site;
- “stalk” or otherwise harass another person; or
- collect, store or access personal data about other users.
When you visit our Site or send e-mail to us you are communicating with
us electronically. By using our Site you consent to receive
communications from us electronically. We will communicate with you
electronically by e-mail or by posting notices on this Site. You agree
that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that
such communications be in writing.
If you are located outside of the United States, please note that the
information you provide to us will be transferred to the United States.
By using this Web Site you consent to this transfer.
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TRADEMARK AND COPYRIGHT RIGHTS
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“Bellcomb Technologies Incorporated,” “Bellcomb,” and the Bellcomb logo
are trademarks or service marks of Bellcomb Technologies Incorporated.
The use of these trademarks or service marks is expressly prohibited
unless Bellcomb gives prior written permission. The text, copy,
illustrations, designs, drawings, software, photos, video, graphics,
sounds and all other creative works, and the entire contents of our
Site, including its overall “look and feel” (collectively, the “Works”)
are protected under the United States copyright laws. Questions
regarding the use of trade names, trademarks, service marks, or
copyrighted material published by Bellcomb found on this Site should be
directed to Bellcomb Technologies Incorporated, 5001 Boone Ave N,
Minneapolis, MN 55428.
No such Works from this Site may be copied, reproduced, republished,
uploaded, posted, transmitted or distributed in any way, except that
you may download one copy of the Site’s materials on any single
computer for your personal, non-commercial home use only, provided you
keep intact all copyright and other proprietary notices. Modification
of the Works or material or their use for any other purpose is a
violation of our copyright and other proprietary rights.
If you download software from our Site, the software, including any
files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the “Software”) are hereby
licensed to you by us, and we do not transfer title to the Software to
you. You own the medium on which the Software is recorded, but we
retain full and complete title to the Software and all intellectual
property rights therein. You may not redistribute, sell, decompile,
reverse engineer, disassemble or otherwise reduce the Software to a
human-perceivable form.
If you download software from our Site, the software, including any
files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the “Software”) are hereby
licensed to you by us, and we do not transfer title to the Software to
you. You own the medium on which the Software is recorded, but we
retain full and complete title to the Software and all intellectual
property rights therein. You may not redistribute, sell, decompile,
reverse engineer, disassemble or otherwise reduce the Software to a
human-perceivable form.
You shall not upload, post, or otherwise make available on our Site any
material or creative works protected by copyright, or any trademark or
other proprietary right without the prior written permission of the
owner(s) of the copyright, trademark or other proprietary right. The
burden of determining that any material is not protected by copyright
rests with you. You shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other
harm resulting from any such submission.
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IDEAS, CONTENT OR INFORMATION PROVIDED TO BELLCOMB
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All remarks, suggestions, material, Works, ideas, graphics, or other
information or content communicated to us through this Site
(“Submission”) will be subject to the following terms:
It is our policy to treat information about and from our clients with
the highest degree of discretion and confidentiality. Nonetheless, we
will not be required to treat Submissions as confidential. We will not
incur any liability as a result of any similarities to any Submission
that may subsequently appear on our Site or other materials. We will be
entitled to use the Submission or any derivative of it for any
commercial or other purpose without compensation to you or any other
person.
You agree that you are responsible for any Submission you submit,
including its legality, reliability, originality and copyright. You
warrant and represent that you own or otherwise control all the rights
to the Submission, that it does not violate any law, regulation, or any
right of any third party and is not designed to or will not in any way
have deleterious effect on us, other users or any computer, network,
software or hardware. We do not claim ownership of Submissions.
We are under no obligation to post or use anything you provide and we may remove it from our Site at any time at our discretion.
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LIABILITY AND INDEMNITY
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Your use of this Site is at your risk. Neither Bellcomb Technologies
Incorporated nor any person or company associated with Bellcomb shall
be liable for any damages, including direct, indirect, incidental,
consequential, special or punitive damages, arising out of your access
to or use of the Site and however caused, whether in contract, tort,
warranty, strict liability or any other legal theory. This protection
covers Bellcomb, its officers, directors, employees, agents and
suppliers mentioned on this Site. If you become dissatisfied in any way
with our Site your sole and exclusive remedy is to stop using the Site
and its services.
You agree to indemnify and hold us, our subsidiaries, affiliates,
officers, agents, business partners, and employees, harmless from any
claim, cause of action, or demand, including all attorneys’ fees, made
by any third-party due to or arising out of any information, creative
works, materials or other content you submit, post to or transmit
through our Site; your use of the Site; your violation of or failure to
adhere to the Terms; or your interaction with any third party on the
Internet.
These Terms will be governed and interpreted pursuant to the laws of
the State of Minnesota, United States of America, notwithstanding any
principles of conflicts of law. If any part of these Terms is unlawful,
void or unenforceable, that part will be deemed severable and will not
affect the validity and enforceability of any remaining provisions.
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IF YOU HAVE A QUESTION ABOUT THESE TERMS, PLEASE WRITE TO US AT:
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Bellcomb Technologies Incorporated
5001 Boone Ave N
Minneapolis, MN 55428 |
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