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1. ENTIRE AGREEMENT. This Agreement comprises the entire agreement between Member and BIN and supersedes any and all prior agreements between the parties regarding the subject matter contained herein BIN (including, but not limited to, any prior versions of this Agreement).
2. DESCRIPTION OF SERVICE. BIN provides each Member with various publishing and community services, including but not limited to the capability to post links and comments to a web page (the “Services”). Unless stated otherwise, any new features that enhance or otherwise change the current Services shall be subject to this Agreement.
3. MODIFICATIONS TO SERVICE AND TERMS OF SERVICE. BIN reserves the right to modify or discontinue the Services with or without notice to Member. BIN shall not be liable to Member or any third party should BIN exercise its right to modify or discontinue the Service. BIN also may change the terms and conditions of this Agreement from time to time. Changes in the terms and conditions of this Agreement will be incorporated in the Agreement posted at /terms/. Member’s continued use of the Services constitutes agreement by Member to abide and be bound by this Agreement and any modifications to this Agreement.
5. CONTENT OWNERSHIP. Unless stated otherwise on the BIN web site, Member will retain copyright ownership and all related rights for information he or she authors and publishes through BIN or otherwise enters into the BIN Services. In exchange for the publishing services provided by BIN, Member agrees to grant a perpetual, worldwide, nonterminable license to BIN to use all content Member publishes through BIN without further permission or remuneration, including the right to create derivative works and re-use in other media. Members are not allowed to use the BIN name in commercial activity without prior written consent of BIN.
6. CONTENT RESPONSIBILITY. Member acknowledges and agrees that BIN neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
This web site contains links to web sites maintained by third parties. Such links are provided for your convenience and reference only. BIN does not operate or control in any respect any information, software, products or services available on such web sites. BIN’s inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. If you decide to access other web sites, you do so at your own risk.
7. MEMBER CONDUCT. You understand that all information, data, links, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BIN, are entirely responsible for all Content that you upload, post or otherwise transmit via the Services. BIN does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Services to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, damaging to Falun Dafa or its practitioners, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a BIN official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post 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; (g) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (h) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (i) “stalk” or otherwise harass another; (j) collect or store personal data about other users; or (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
8. PROMOTING PRODUCTS ON Before It’s News. If You promote, market or otherwise advertise (“Promote” or a “Promotion”) any product or service via any online or offline channel or medium for the purpose of earning a percentage of the sale price of any product or service (“Product”) sold as a result of such Promotion (“Commissions”), You agree, acknowledge, represent and warrant that:
- You will not suggest or imply any endorsement by Before It’s News, it’s contributors or sponsors for the Product.
- You will not make any unlicensed or unauthorized use of or otherwise infringe or misappropriate any materials protected by any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (“IP Rights”).
- You will not interfere with Before It’s News’ tracking of visits, page views, click throughs, or with the normal flow of traffic to, through, or from the Before It’s News Services.
- All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country’s laws and all U.S. federal and state laws, including U.S. Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTCs endorsement rules.
- You will not offer, suggest or imply the availability of any rebates, coupons, tickets, vouchers or similar incentives to induce or encourage the purchase of a Product.
Before It’s News reserves the right, but not the obligation, to review your Promotions. You agree that Before It’s News, in its sole discretion and at any time, may demand changes to product promotion and delivery pages, customer support or other items related to the content of Your Promotions. Before It’s News may remove your Promotion at any time from its Service by refunding any fees paid for that Promotion.
- You will provide valid contact information, including but not limited to a working email address, where Before It’s News can send inquiries and receive a non-automated reply by end of the following business day.
- Before It’s News does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information nor is it responsible for any bonuses, prizes or other incentives offered in any Promotions. Your use of any information presented by a Before It’s News does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information nor is it responsible for any bonuses, prizes or other incentives offered in any Promotions. Your use of any information presented by a Promoter is strictly at your own risk. In no event shall Before It’s News have any liability for your purchase or use of a Product or Service Promoted on Before It’s News.
- Promotion is voluntary, and your reliance is at your own risk. Before It’s News does not independently review or verify information provided in any Promotion for accuracy, completeness, efficacy or timeliness. You acknowledge and understand that Before It’s News does not verify statements, claims, incentives or promotions made by Promotions.
9. CONTENT SUBMITTED TO BIN. BIN does not claim ownership of the Content or links you place on your BIN site. BIN may quote or reproduce your content (if you have made it public), in whole or in part, in order to promote your BIN site and/or the BIN Services. You acknowledge that BIN does not pre-screen Content or links, but that BIN and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content or links that are available via the Services. Without limiting the foregoing, BIN and its designees shall have the right to remove any Content or links that violate this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content and links, including any reliance on the accuracy, completeness, or usefulness of such Content and links.
10. INDEMNITY. You agree to indemnify and hold BIN, and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content or links, your use of the Services, your violation of the this Agreement, or your violation of any rights of another.