Welcome! These are the BVB PRODUCTIONS ("bvbtv", "tdctv", "bvb network") website terms of service. Subscribers, customers, users, and others who access, use, purchase and/or subscribe to the Website (collectively or individually "you" or "users") must do so under the following terms and conditions of use.
Before using the Website, please read carefully the following terms and conditions of use. By accessing, browsing, and/or using the Website, you acknowledge that you have read, understood, and agree to be bound by all of the following terms and conditions, including any future modifications to these Terms of Service (collectively, the "Agreement"). If you do not agree to this Agreement, then please stop using the Website immediately.
THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND BVB PRODUCTIONS. You may receive a copy of this Agreement by emailing us at: info@bvbproductions.com, Subject: Terms of Service Agreement.
1. Important Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT BVB PRODUCTIONS HAS OFFERED THE WEBSITE AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BVB PRODUCTIONS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BVB PRODUCTIONS. BVB PRODUCTIONS WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
2. Privacy Notice
BVB PRODUCTIONS Privacy Notice is hereby incorporated into this Agreement by reference. Please read this notice carefully for disclosures relating to the collection, use, and disclosure of your personal information.
3. Modification of the Agreement
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time. Please check this Agreement periodically for changes. Your continued use of the Website after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. For any material changes to this Agreement, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on the Website.
4. Ownership; Proprietary Rights
The Website is owned and operated by BVB PRODUCTIONS. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, video, music, sound, and all other elements of the Website (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Website are the property of BVB PRODUCTIONS, its affiliated companies, and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Website are proprietary to BVB PRODUCTIONS, its affiliates, and/or third-party licensors. Except as expressly authorized by BVB PRODUCTIONS, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. BVB PRODUCTIONS reserves all rights not expressly granted in and to the Website and the Materials. You may access Materials and other content only as permitted under this Agreement. Materials licensed under Creative Commons are marked as such and are subject to those applicable Creative Commons licensing terms.
5. Usage Rules; Prohibited Conduct
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT, AND WARRANT THAT YOU WILL NOT:
use, copy, or distribute any of the Materials (other than expressly permitted herein or on the Materials) for any commercial or non-private use without the written consent of BVB PRODUCTIONS (email info@bvbproductions.com);
use the Website or Materials for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website or Materials, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on use of the Website or Materials;
intentionally interfere with or damage operation of the Website or Materials or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
attempt to gain unauthorized access to the Website or Materials, or any part of them, other accounts, computer systems or networks connected to the Website, or any part of it, through hacking or any other means, or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website
use any robot, spider, scraper or other automated means to access the Website or Materials for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website or Materials.
6. Third-Party Sites, Products, and Services;
Links The Website may include links to other web sites or services solely as a convenience to users. BVB PRODUCTIONS does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, BVB PRODUCTIONS makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
7. DISCLAIMERS; NO WARRANTIES
THE WEBSITE, MATERIALS, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. BVB PRODUCTIONS, AND ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
BVB PRODUCTIONS AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, STREAM, OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
8. Indemnification
You agree to indemnify and defend BVB PRODUCTIONS, its affiliated companies, and its suppliers and from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of the Website, (b) any violation of the rights of any other person or entity by you in connection with the Website, or (c) any breach or violation by you of this Agreement. BVB PRODUCTIONS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
9. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL BVB PRODUCTIONS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE WEBSITE; (B) THE WEBSITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE WEBSITE AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH BVB PRODUCTIONS OR ANY OTHER USER OF THE WEBSITE, EVEN IF BVB PRODUCTIONS OR A BVB PRODUCTIONS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL BVB PRODUCTIONS'S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE WEBSITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN BVB PRODUCTIONS AND RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BVB PRODUCTIONS' LIABILITY WILL BE LIMITED TO THE EXTENT
10. Miscellaneous
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Website shall be filed only in the state or federal courts in and for San Francisco County, California and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Either BVB PRODUCTIONS or you may demand that any dispute or claim between BVB PRODUCTIONS and you about or involving the Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA") in San Francisco, California, USA and, if so demanded by BVB PRODUCTIONS or you, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the BVB PRODUCTIONS in San Francisco, CA to resolve the applicable dispute or claim; provided that the foregoing shall not prevent BVB PRODUCTIONS from seeking injunctive relief in a court of competent jurisdiction.
Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Notices. BVB PRODUCTIONS may provide you with notices, including those regarding changes to this Agreement, by email or postings on the Website. Notice will be deemed given twenty-four (24) hours after an email is sent, unless BVB PRODUCTIONS is notified that the email address is invalid. Notices posted on the Website are deemed given and binding thirty (30) days following the initial posting.
Assignment. This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned or transferred by BVB PRODUCTIONS without restriction.
Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification and, specifically, Sections 1 (Important Disclaimers), 4 (Ownership; Proprietary Rights), 8 (Indemnification), 9 (Limitation of Liability), and 10 (Miscellaneous) of this Agreement hereby survive any termination of this Agreement or any termination of your use of or subscription to the Website. Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by BVB PRODUCTIONS as set forth in Section 3 above.
Claims. YOU AND BVB PRODUCTIONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BVB PRODUCTIONS SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures. The services hereunder are offered by BVB PRODUCTIONS located at SAN FRANCISCO, CA
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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