BTW MEDIA LLC
WEBSITE TERMS OF USE
Last Modified: May 7, 2018
Acceptance of these Terms of Use
These terms of use (these “Terms of Use”) are entered into by and between you and BTW Media LLC, a Virginia limited liability company (the “Company”, “we”, or “us”). These Terms of Use govern your access to and use of bigbtw.com, including any content, functionality, and services offered on or through bigbtw.com (the “Website”).
Please read these Terms of Use carefully before you start to use the Website, as they affect your legal rights and obligations. By using the Website, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy [INSERT LINK TO PRIVACY POLICY] and our Copyright Policy [INSERT LINK TO COPYRIGHT POLICY], each of which is incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use the Website.
Certain content, functionality, and services offered on or through the Website may be subject to additional terms and conditions, which you should read carefully to understand how they apply to you before making use of such content, functionality, or services. Your use of such content, functionality, or services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
Eligibility
If you are under 18 years of age, then your parent or legal guardian must read and accept these Terms of Use in your name and on your behalf. The Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. We may, in our sole discretion, refuse to offer the Website to any person or entity and change these eligibility criteria at any time.
Changes to these Terms of Use
We may revise and update these Terms of Use at any time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check these Terms of Use periodically so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to parts of the Website or the entire Website.
You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, data, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Website.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The trademarks, logos, trade names, and service marks, whether registered or unregistered, displayed on the Website (the “Trademarks”) are the Trademarks of the Company or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. You must not use any Trademark without the prior written permission of the Company or the respective owner.
User Contributions
The Website may contain message boards, personal profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you (a) grant and assign us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, non-exclusive, perpetual, fully-paid, royalty-free, irrevocable, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Contributions in connection with the Website and our (and our successors’ and assigns’) businesses, including without limitation for advertising, promoting, and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), without payment or other reference to you or any other person; (b) waive all moral rights in the User Contribution which may be available to you in any part of the world and confirm that no such rights have been asserted; and (c) appoint the Company as your agent with full power to enter into any document and do any act the Company may consider appropriate to confirm the grant and waiver set out above.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software on the Website into a readable form for the purpose of examining its construction or to copy or create other products based (in whole or in part) on such software.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Gain or attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
