Welcome to www.BusinessWebVideos.com / www.Buildatribe.com (the "Site").
We understand that privacy online is important to users of our Site, especially when conducting business.
This statement governs our privacy policies regarding those users of the Site ("Visitors") who visit without transacting business, and also for Visitors who register to transact business on the Site ("Authorized Customers"), and also for visitors who register to refer new “Authorized Customers” with the intent of receiving compensation and/or discounted services for others (“Affiliates”)and who make use of the various services (collectively, "Services") offered by Buildatribe LLC through the “Site”.
What is Personally Identifiable Information? Personally Identifiable Information refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, Social Security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information that is not connected to an identified individual.
What Personally Identifiable Information is collected? We may collect basic user profile information from all of our Visitors. We collect the following additional information from our Authorized Customers: bill to and ship to names, addresses, phone numbers, email addresses and credit card information needed to authorize purchases and transact payments for products and services. We collect the following additional information from our Affiliates: names, email addresses, phone numbers and email addresses tied to active PayPal accounts used for payment.
What organizations are collecting the information? In addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.
How does the Site use Personally Identifiable Information? We use Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site. We may email Visitors, Authorized Customers or Affiliates about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors, Authorized Customers or Affiliates in response to specific inquiries, or to provide requested information.
With whom may the information may be shared? Personally Identifiable Information about Authorized Customers may be shared only with other Authorized third party service vendors for purposes of completing transactions that you have ordered or requested. We may also share personally identifiable information about Authorized Customers with our other companies that are under common ownership in order to offer you related products or services that may be of interest to you. We may share aggregated information about our Visitors, including the demographics of our Visitors and Authorized Customers, with our affiliated agencies and third party vendors. We may also share limited amounts of Personally Identifiable Information with Affiliates in order to verify that they have been compensated fairly for revenue generated by qualified purchases from Authorized Customers using their assigned Affiliate link. We also offer the opportunity to "opt out" of receiving information or being contacted by us or by any agency acting on our behalf.
How is Personally Identifiable Information stored? Personally Identifiable Information collected by www.Buildatribe.com / www.BusinessWebVideos.com is securely stored and is not accessible to third parties or employees of Buildatribe LLC except for use as indicated above.
How do www.Buildatribe.com / www.BusinessWebVideos.com Use Login Information? www.Buildatribe.com / www.BusinessWebVideos.com may use login information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user's movement and use, and gather broad demographic information.
Disclosure of Personally Identifiable Information to Comply with Law We will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors, Authorized Customers or Affiliates.
How Does the Site Keep Personally Identifiable Information Secure? All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors, Authorized Customers and Affiliates is only accessible to a limited number of qualified individuals who are given a password in order to gain access to the information. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors, Authorized Customers or Affiliates for any such occurrences.
Links This Web site contains links to other Web sites. Please note that when you click on one of these links, or you ask us to forward information to a third party site on your behalf, you are moving to another Web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.
Wherever this Notice refers to "you", "your", or "user", it means "you", while "we" or "our" refer to Buildatribe LLC or the products and/or services offered on sites www.Buildatribe.com and www.BusinessWebVideos.com
ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME EXAMPLES, ARE ONLY ESTIMATES OF WHAT WE THINK YOU COULD EARN. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
MOREOVER, ANY WEB SITE TRAFFIC OR SEARCH ENGINE RANKING RESULTS STATEMENTS, OR EXAMPLES OF THE SAME, ARE ONLY ESTIMATES OF WHAT WE THINK YOU COULD ACHIEVE. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
WHERE SPECIFIC INCOME FIGURES ARE USED, AND ATTRIBUTED TO AN INDIVIDUAL OR BUSINESS, THOSE PERSONS OR BUSINESSES HAVE EARNED THAT AMOUNT. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
MOREOVER, WHERE SPECIFIC WEB SITE TRAFFIC OR SEARCH ENGINE RANKING RESULTS ARE USED AND ATTRIBUTED TO AN INDIVIDUAL OR BUSINESS, THOSE PERSONS OR BUSINESSES HAVE ACHIEVED THOSE RESULTS. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
ANY AND ALL CLAIMS OR REPRESENTATIONS, REGARDING INCOME EARNINGS ON www.BusinessWebVideos.com or www.Buildatrible.com ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS. LIKEWISE, ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO WEB SITE TRAFFIC OR SEARCH ENGINE RANKING RESULTS ON www.BusinessWebVideos.com or www.Buildatrible.com, ARE NOT TO BE CONSIDERED AS AVERAGE RESULTS.
THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, REGARDING INCOME EARNINGS, WEB SITE TRAFFIC OR SEARCH ENGINE RANKING RESULTS CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS.
MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. WE HAVE NO WAY OF KNOWING HOW WELL YOU WILL DO, AS WE DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL GET RICH, THAT YOU WILL DO AS WELL, OR MAKE ANY MONEY AT ALL. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
LIKEWISE, WEB SITE TRAFFIC OR SEARCH ENGINE RANKING RESULTS ARE BASED ON MANY FACTORS. WE HAVE NO WAY OF KNOWING HOW WELL YOU WILL DO, AS WE DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL GET TRAFFIC, THAT YOU WILL DO AS WELL, OR ACHIEVE WEB SITE TRAFFIC OR OPTIMAL SEARCH ENGINE RANKINGS AT ALL. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
INTERNET BUSINESSES AND EARNINGS DERIVED THERE FROM, HAVE UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR PRODUCTS, SERVICES, OR WEB SITES, SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, MAKE NO MONEY AT ALL OR ACHIEVE NO DESIRED RESULTS REGARDING WEB SITE TRAFFIC OR SEARCH ENGINE RANKINGS AT ALL.
ALL PRODUCTS AND SERVICES ON www.BusinessWebVideos.com or www.Buildatrible.com ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF QUALIFIED PROFESSIONALS. CHECK WITH YOUR ACCOUNTANT, LAWYER OR PROFESSIONAL ADVISOR, BEFORE ACTING ON THIS OR ANY INFORMATION.
USERS OF OUR PRODUCTS, SERVICES AND WEB SITE ARE ADVISED TO DO THEIR OWN DUE DILIGENCE WHEN IT COMES TO MAKING BUSINESS DECISIONS AND ALL INFORMATION, PRODUCTS, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN QUALIFIED PROFESSIONALS. OUR INFORMATION, PRODUCTS, AND SERVICES ON www.BusinessWebVideos.com or www.Buildatrible.com SHOULD BE CAREFULLY CONSIDERED AND EVALUATED, BEFORE REACHING A BUSINESS DECISION, ON WHETHER TO RELY ON THEM.
YOU AGREE THAT OUR COMPANIES ARE NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION, PRODUCTS OR SERVICES PRESENTED BY Buildatribe LLC, OR OUR COMPANIES' PRODUCTS OR SERVICES.
Copyright © 2013 by Buildatribe LLC. All rights reserved.
1. This Copyright Notice governs the use of the Web page at and its associated services, Web pages, domains and sub-domains, which are owned and operated by Buildatribe LLC ("BAT"). Wherever this Notice refers to "users" it means "you", while "we" or "our" refer to BAT and "Web Site" refers to www.Buildatribe.com and www.BusinessWebVideos.com. If at any time the terms and conditions of this Copyright Notice are no longer acceptable to you, you should immediately cease use of the Web Site where is located.
2. You acknowledge that the Web Site contains information, processes and/or software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of BAT or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through. If you want to use any content of for any reason you must obtain prior express written permission from BAT.
3. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part. Subject to the provisions of this Copyright Notice, you may post on the web site any content owned by you (such as your original statements), content for which you have received express permission from BAT and content in the public domain. You assume all right and responsibility for determining whether any content is in the public domain. You grant to BAT the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the web site without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
4. You may not download content on www.Buildatribe.com or www.BusinessWebVideos.com that is indicated to be for sale except under the terms of the sale. Such content is the protected and copyrightable property of BAT. "Free" content may be downloaded for your personal use or non-commercial distribution consistent with the terms defined in this Copyright Notice. When using both purchased and "free" content, you will maintain and include all copyright and other notices contained in such content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content is permitted without the express permission of BAT or the owners of such content or their authorized persons, if other than BAT.
5. By accessing and/or using the Content, you are acknowledging that you fully understand your rights and obligations regarding the use of the Content and are acknowledging that you agree to abide by the terms described above.
6. Unauthorized duplication or publication of any materials from this site is expressly prohibited.
Copyright© 2013 Buildatribe LLC
Wherever this Terms Of Service refers to "you", "your", or "user", it means "you", while "we" and "our" refer to Buildatribe LLC.
1. INTELLECTUAL PROPERTY You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Buildatribe LLC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Buildatribe LLC. For information on requesting such permission, please contact us at firstname.lastname@example.org.
2. END USER LICENSE AGREEMENT Your use of www.BusinessWebVideos.com or www.Buildatribe.com requires you to accept the terms of the Buildatribe LLC End User License Agreement.
3. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that your work has been copied and is accessible on this site or another site after using the products or services offered on www.BusinessWebVideos.com or www.Buildatribe.com in a way that constitutes copyright infringement, you may notify us at email@example.com or by mail at Buildatribe LLC, P.O. Box 159, Fenton, MO 63026.
4. CONTENT SUBMITTED TO Buildatribe LLC. You grant to Buildatribe LLC a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of Buildatribe LLC’s Site(s) (such as bulletin boards, forums and newsgroups) or by e-mail to Buildatribe LLC by all means and in any media now known or hereafter developed. You also grant to Buildatribe LLC the right to use your name in connection with the submitted comments and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Buildatribe LLC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Buildatribe LLC.
5. THIRD PARTY REFERENCES / HYPERLINKS This site or the sites of our customers that utilize Buildatribe LLC’s products or services may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Buildatribe LLC and you acknowledge that Buildatribe LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
6. DISCLAIMER OF WARRANTIES ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Buildatribe LLC AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
7. OBJECTIONABLE MATERIALS Certain videos dealing with pornography, illegal activities of any kind, occult, hate, and racism may not be created, produced, edited or promoted through the Buildatribe LLC (BusinessWebVideos.com / Buildatribe.com ) system. Buildatribe LLC reserves the rights to make the final decision as to what is appropriate. Violators may be terminated without notice.
8. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL Buildatribe LLC OR ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Buildatribe LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Buildatribe LLC’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
9. INDEMNIFICATION Upon a request by Buildatribe LLC, you agree to defend, indemnify, and hold Buildatribe LLC and its other affiliated companies harmless, and their employees, affiliates, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your misuse of this site.
11. JURISDICTION These Terms of Service shall be governed by and construed in accordance with the laws of the State of Missouri. You hereby consent to jurisdiction of the courts in the State of Missouri to resolve any disputes arising under this Terms of Service.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ORDERING, ACCESSING OR USING THE Buildatribe LLC products or services or those offered at www.buildatribe.com or www.businesswebvideos.com.
IMPORTANT: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND Buildatribe LLC. READ IT CAREFULLY BEFORE ACCESSING THIS WEB SITE AND USING THE PRODUCT OR SERVICE OFFERINGS. IT PROVIDES A LICENSE TO USE OUR ONLINE SOFTWARE APPLICATION AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING TO USE THE SOFTWARE APPLICATION, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT USE THIS WEB SITE OR THE PRODUCTS OR SERVICES OFFERED ON IT.
A. "LICENSOR" means Buildatribe LLC., a corporation, with offices at 41 Durham Drive, Washington, MO 63090 and its authorized resellers or Affiliates, if any.
B. "LICENSEE" means you, either an individual or, if purchased or otherwise acquired by or for an entity, that entity.
C. "Designated Equipment" shall mean the host server of LICENSOR on which the software application and end user data is hosted.
D. "Documentation" shall mean all online help, online user manuals, user documentation, and other related materials pertaining to the Online Software Application which are furnished to LICENSEE by LICENSOR in connection with the Software.
E. "License Fee" shall mean the ongoing monthly, annual or other recurring term or non-recurring term fee indicated on the order form to continue using available services.
F. "Software" shall mean the Video Upload and Distribution Service, the and other services that are marketed under Buildatribe LLC or the names www.Buildatribe.com or BusinessWebVideos.com, as well as any subsequent error corrections or updates supplied to LICENSEE by LICENSOR pursuant to this Agreement.
G. "Licensed Content" means the audio-visual works and video and audio content LICENSEE uploads or otherwise delivers to LICENSOR and instructs LICENSOR to upload or distribute for LICENSEE in connection with LICENSEE's Registered Account(s).
H. "Licensed Material" means the logos, branding, artwork, photographic images, text, URLs and other similar materials that LICENSEE uploads or otherwise delivers to any video hosting service through the Software in connection with LICENSEE's Registered Account(s).
2. LICENSE GRANT
LICENSOR hereby grants to LICENSEE a non-exclusive right and license to use the Online Software Application on a pay per use basis.
3. FEES, PAYMENTS and RESPONSIBILITIES
A. All amounts payable hereunder by LICENSEE shall be payable in United States funds without deductions for taxes, assessments, fees, or charges of any kind.
B. LICENSOR shall have the sole discretion on whether or not to accept orders for products or services.
C. LICENSEE Responsibilities. To participate as a member, LICENSEE must maintain a member account (the "Member Account") in good standing. LICENSEE must provide and maintain accurate and complete information in connection with the Member Account. LICENSEE is solely responsible for the activity that occurs on and through the Member Account, and LICENSEE must keep the account password secure. Further, LICENSEE is solely responsible for uploading the Licensed Content to the Member Account through the Software, and for adding appropriate keyword tags and text descriptions about the Licensed Content for distribution to other third party web sites. Further, LICENSEE is solely responsible for establishing and maintaining necessary accounts with any third-party web site that LICENSEE wishes Software and/or LICENSOR to access on your behalf. LICENSEE must agree separately to those third-party web sites' terms of service/use and abide by them when requesting Software and/or LICENSOR to access said web sites on LICENSEE's behalf. LICENSEE must not request Software and/or LICENSOR to access any third-party web site on your behalf if doing so violates LICENSEE's agreement with said web site or its terms of service. LICENSOR reserves the right to discontinue providing LICENSEE with any aspect of the Software, Products or Services at any time, and to refuse or expunge any Licensed Content at any time, should LICENSEE violate any of the provisions in this Agreement.
4. PROTECTION OF SOFTWARE AND DATA
A. Proprietary Notices. Publications, products, content or services referenced herein or with the Software are the exclusive trademarks or service marks of LICENSOR. Other product and company names mentioned in the Software may be the trademarks of their respective owners.
B. LICENSEE agrees to respect and not to remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on any of the Software or output generated by the Software, and to reproduce and include same on each copy of the Software.
C. LICENSEE also acknowledges that LICENSOR shall also have the right to use and/or sell LICENSEE data for various purposes, including, but not limited to: (a) to survey the user base; (b) to sell other products or services to the user base; (c) to validate the amount of commissions owed to resellers and/or affiliates.
D. Miscellaneous ownership. LICENSEE shall remain the owner of LICENSEE's Licensed Material and Licensed Content that is entered into the software, such as any videos that are entered into the software by LICENSEE using the interface and/or templates within the Software.
E. LICENSEE represents that LICENSEE has and will retain throughout the term of this Agreement, all necessary rights, title, interest, licenses and permissions in and to the Licensed Content, including without limitation any copyrights (including in any sound recordings and/or musical works, as well as any text, photographic images or artwork incorporated into the audio-visual works), trademarks, service marks, patents, rights of publicity, and clearances from and/or for featured individuals, branding, and locations.
F. LICENSEES who purchase LICRNSORS content distribution services hereby grant LICENSOR a worldwide, non-exclusive, royalty-free, license to distribute the Licensed Content and the Licensed Material in connection with the Software to third-party web sites and services LICENSEE chooses, in any media formats and through any media channels. LICENSOR may modify the Licensed Content and Licensed Materials solely as necessary to fit the format and file size specifications of the third-party web sites.
G. LICENSEE grants to LICENSOR a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) LICENSEE submits to any public areas of LICENSOR's Site(s) (such as bulletin boards, forums and newsgroups) or by e-mail to LICENSOR by all means and in any media now known or hereafter developed. LICENSEE also grants to LICENSOR the right to use LICENSEE's name in connection with the submitted comments and other information as well as in connection with all advertising, marketing and promotional material related thereto. LICENSEE agrees that LICENSEE shall have no recourse against LICENSOR for any alleged or actual infringement or misappropriation of any proprietary right in LICENSEE's communications to LICENSOR.
H. Objectionable Materials. LICENSEE agrees that it shall not use the Software in any manner with content that includes pornography, illegal activities of any kind, occult, hate, and/or racism. LICENSOR shall have the absolute right to evaluate and determine whether any materials used in the Software from LICENSEE are objectionable. LICENSEE agrees that violations of this provision can result in immediate termination of LICENSEE's account upon the sole discretion of LICENSOR.
I. Backups of Data. LICENSEE shall be solely responsible for the backup of LICENSEE's files and/or data that is being used with the Software.
A. Acknowledgement. LICENSEE hereby acknowledges and agrees that the Software and Documentation constitute and contain valuable proprietary products and trade secrets of LICENSOR and/or its suppliers, embodying substantial creative efforts and confidential information, ideas, and expressions. Accordingly, LICENSEE agrees to treat (and take precautions to ensure that its employees treat) the Software and Documentation as confidential in accordance with the confidentiality requirements and conditions set forth below.
B. Maintenance of Confidential Information. Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: (1) have been known publicly; (2) have been known generally in the industry before communication by the disclosing party to the recipient; (3) have become know publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (4) have been known otherwise by the recipient before communication by the disclosing party; or (5) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.
C. Injunctive Relief. LICENSEE acknowledges that the unauthorized use, transfer or disclosure of the Software and Documentation or copies thereof will: (1) substantially diminish the value to LICENSOR of the trade secrets and other proprietary interests that are the subject of this Agreement; (2) render LICENSOR's remedy at law for such unauthorized use, disclosure or transfer inadequate; and (3) cause irreparable injury in a short period of time. If LICENSEE breaches any of its obligations with respect to the use or confidentiality of the Software or Documentation, LICENSOR shall be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief.
D. Survival. LICENSEE's obligations under this Section will survive the termination of this Agreement or of any license granted under this Agreement for whatever reason.
6. WARRANTIES; SUPERIOR RIGHTS
A. Ownership. Except for any rights as set forth herein, LICENSOR represents its belief that it is the owner of the entire right, title, and interest in and to Software, and that it has the sole right to grant licenses there under, and that it has not knowingly granted licenses there under to any other entity that would restrict rights granted hereunder except as stated herein. In the event that LICENSOR uses third party tools (such as software or web controls) for developing the software, LICENSOR warrants that it has proper licenses or authority from those third parties to use the third party tools within the Software.
B. Limited Warranty. LICENSOR represents and warrants to LICENSEE that the Software, when properly used with the Designated Equipment, will perform substantially as described in LICENSOR's then current Documentation for such Software during the period that LICENSEE has a valid license that is active and in good standing (because all fees have been paid).
C. Limitations. Notwithstanding the warranty provisions set forth herein, all of LICENSOR's obligations with respect to such warranties shall be contingent on LICENSEE's use of the Software in accordance with this Agreement and in accordance with LICENSOR's instructions as provided by LICENSOR in the Documentation, as such instructions may be amended, supplemented, or modified by LICENSOR from time to time. LICENSOR shall have no warranty obligations with respect to any failures of the Software which are the result of abuse or misapplication of the Software. LICENSOR shall have no warranty obligations with respect to any dissatisfaction or problems caused by errors in content submitted by LICENSEE.
LICENSEE understands that, except for information, products or services clearly identified as being supplied by LICENSOR, LICENSOR does not operate, control or endorse any information, products or services on the Internet in any way. Except for LICENSOR-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with LICENSOR.
LICENSEE also understands that LICENSOR cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. LICENSEE is responsible for implementing sufficient procedures and checkpoints to satisfy LICENSEE's particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
D. LICENSEE's Sole Remedy. LICENSOR's entire liability and LICENSEE's exclusive remedy shall be, at LICENSOR's option, either: (1) return of the fee paid for products or services ordered; or (2) repair or replacement of the product or service ordered by LICENSEE; provided LICENSOR receives written notice from LICENSEE within 10 days of the product or service being delivered or completed by LICENSOR. Written notices must be received at Buildatribe LLC, P.O. Box 159, Fenton, MO 63026
E. Disclaimer of Warranties. LICENSOR DOES NOT REPRESENT OR WARRANT THAT ALL ERRORS IN THE SOFTWARE AND DOCUMENTATION WILL BE CORRECTED. THE WARRANTIES STATED IN THIS SECTION ARE THE SOLE AND THE EXCLUSIVE WARRANTIES OFFERED BY LICENSOR. THERE ARE NO OTHER WARRANTIES RESPECTING THE SOFTWARE AND DOCUMENTATION OR SERVICES PROVIDED HEREUNDER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF LICENSOR HAS BEEN INFORMED OF SUCH PURPOSE. NO AGENT OF LICENSOR IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF LICENSOR AS SET FORTH HEREIN.
LICENSEE ASSUMES TOTAL RESPONSIBILITY AND RISK FOR LICENSEE'S USE OF SOFTWARE AND OF THE INTERNET. LICENSOR PROVIDES SOFTWARE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO SOFTWARE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH SOFTWARE OR ON THE INTERNET GENERALLY, AND LICENSOR SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY LICENSEE'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH SOFTWARE OR ON THE INTERNET GENERALLY. LICENSOR DOES NOT WARRANT THAT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN SOFTWARE WILL BE CORRECTED.
LICENSEE UNDERSTANDS FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO LICENSEE. LICENSEE'S ACCESS TO SUCH MATERIALS IS AT LICENSEE'S OWN RISK. LICENSOR HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LICENSEE SPECIFICALLY ACKNOWLEDGES THAT LICENSOR SHALL NOT BE LIABLE FOR ANY USER SUBMITTED CONTENT TO SOFTWARE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH LICENSEE. LICENSEE AND LICENSOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Software is controlled and offered by LICENSOR from its facilities in the United States of America. LICENSOR makes no representations that Software is appropriate or available for use in other locations. If LICENSEE accesses or uses Software from other jurisdictions, then LICENSEE does so at its own volition and LICENSEE is responsible for compliance with local law.
LICENSOR makes no representations whatsoever about any other Web site which LICENSEE may access through Software or which may link to LICENSOR or Software. When LICENSEE accesses a non-LICENSOR Web site, LICENSEE acknowledges that it is independent from LICENSOR, and that LICENSOR has no control over the content on that Web site. In addition, a link to LICENSOR's web site(s) does not mean that LICENSOR endorses or accept any responsibility for the content, or the use, of such Web site.
F. Limitation of Liability. LICENSEE ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH LICENSOR IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY LICENSOR OF THE RISK OF LICENSEE'S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH LICENSEE'S USE OF THE SOFTWARE AND DOCUMENTATION. ACCORDINGLY, LICENSEE AGREES THAT LICENSOR SHALL NOT BE RESPONSIBLE TO LICENSEE FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE LICENSING OR USE OF THE SOFTWARE OR DOCUMENTATION. Any provision herein to the contrary notwithstanding, the maximum liability of LICENSOR to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Software delivered to LICENSEE hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to LICENSOR by LICENSEE for products or services ordered by the LICENSEE. The essential purpose of this provision is to limit the potential liability of LICENSOR arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the license of the Software and Documentation and any services rendered hereunder and that, were LICENSOR to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
G. LICENSEE's Representations and Warranties. LICENSEE represents and warrants that: (a) LICENSEE has the right, power and authority to enter into this Agreement and fully perform its obligations hereunder; (b) the making of this Agreement does not and will not conflict with any agreement existing between LICENSEE and any other party; (c) LICENSEE owns or has all necessary licenses, rights, consents, and permissions to use and authorize LICENSOR to use all copyrights, trademarks, trade secrets, rights of publicity, patents and other proprietary rights in and to the Licensed Content to enable the use of the Licensed Content in the manner contemplated by this Agreement; (d) LICENSEE has the written consent, release, and/or permission of each and every identifiable individual person in the Licensed Content to use the name or likeness of each and every such identifiable individual person to enable the use of the Licensed Content in the manner contemplated by this Agreement; (e) the Licensed Content does not contain any unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive material; (f) the Licensed Content and LICENSEE's Licensed Material will not infringe upon or otherwise violate any intellectual property, privacy, publicity or other right of any third party; (g) LICENSEE will be solely responsible for paying any royalties or other amounts that may be come due to artists, record labels, producers, actors, union trust funds, music publishers and all other rights holders from exploitation of the Licensed Content; and (h) LICENSEE shall abide by all terms and conditions herein, including the terms for using the Software. In the event that LICENSEE breaches one or more of these warranties, or violates any state or federal law, LICENSEE shall indemnify and hold LICENSOR (as well as its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Software) harmless for any and all liability resulting from the violation. This defense and indemnification obligation will survive this Agreement.
Either party may terminate this Agreement for any reason upon providing fourteen (14) days written notice to the other party. LICENSOR has the right to terminate this agreement immediately without written notice in the event of a breach of this Agreement by LICENSEE.
8. POST TERMINATION RIGHTS
Upon the expiration or termination of this Agreement, all rights granted to LICENSEE under this Agreement shall forthwith terminate and immediately revert to LICENSOR and LICENSEE shall discontinue all use of the Software and the like.
9. Force Majeure
Neither party shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, terrorism, labor stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.
A. Any notice required to be given pursuant to this Agreement shall be in writing and mailed by certified or registered mail, return receipt requested or delivered by a national overnight express service.
B. Either party may change the address to which notice or payment is to be sent by written notice to the other party pursuant to the provisions of this paragraph.
11. JURISDICTION AND DISPUTES
A. This Agreement shall be governed by the laws of Missouri.
B. This Agreement shall all be governed and construed in accordance with the laws of the State of Missouri applicable to agreements made and to be performed in United States. LICENSEE agrees that any legal action or proceeding between LICENSOR and LICENSEE for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Franklin in the State of Missouri in the United States. Any cause of action or claim LICENSEE may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. LICENSOR's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
12. AGREEMENT BINDING ON SUCCESSORS
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
The license granted hereunder is personal to LICENSEE and may not be assigned by any act of LICENSEE or by operation of law unless in connection with a transfer of substantially all the assets of LICENSEE or with the consent of LICENSOR.
LICENSOR, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers shall have the right to assert and enforce the terms of this Agreement directly against LICENSEE.
This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith.
A. No reseller, affiliate or agent of LICENSOR is authorized to make any amendment to this EULA.
B. All questions regarding this agreement should be directed to Buildatribe LLC, P.O. Box 159, Fenton, MO 63026
Last updated 9/23/2013