Biloubnan
Terms of Service
Welcome to Biloubnan.com. Biloubnan is a
web site for publishing information about your
profession or company with the searching public.
To use Biloubnan, you must register as a member
of
the
site and
agree to
be bound by the following terms of service (the "Agreement")
as part of the registration process. If you do not
agree to be bound by this Agreement after reading
it, you may not use Biloubnan.
You agree that we
may modify this Agreement or the Privacy Policy (as
defined below), in our sole discretion,
by sending an e-mail, by displaying a prominent message
on our site or by other appropriate means designed
to inform users of the Service prior to, or on the
date which the modifications enter into effect. Your
continued use of the Service indicates your acceptance
of the amended terms of service or Privacy Policy.
The Service
The Service includes services provided on Biloubnan's
Web site. To
use this Service, you understand and agree to the
following: (a) as part of the registration process,
you must submit a valid e-mail address; (b) you
agree to notify Biloubnan immediately of any unauthorized
use or change of your account; and (c) you are at
least 13 years of age. Biloubnan will not be held liable
for
any loss or damage for non-compliance. In addition,
you understand and agree that Biloubnan will use
aggregated data collected from you and other users
for statistical
and analytical reporting purposes.
Registration
As part of the registration process for the Service,
you agree to: (a) provide certain limited information
about you as prompted to do so by the Service (such
information to be current, complete and accurate);
and (b) maintain and update this information as required
to keep it current, complete and accurate. The information
requested upon original sign-up shall be referred
to as registration data ("Registration Data").
Biloubnan reserves the right to delete accounts created
who appropriate the name, likeness, e-mail
address, or other personally identifiable information
of another individual. Biloubnan reserves the right
to refuse the Service to any user.
Eligibility
You must be thirteen (13) years of age or older to
register as a member of Biloubnan or use the Web
site. Membership in Biloubnan is void where prohibited
by
law. By using the Biloubnan Web site, you represent
and warrant that you have the right, authority, and
capacity to agree to, and abide by, this Agreement.
Please be aware that Biloubnan may create certain clearly-labeled
areas of the Service that contain adult or mature content.
You must be eighteen (18) years of age or older to
access and view such areas. Biloubnan reserves the right
to cancel the account of any user under the age of
eighteen (18) that attempts to access the adult-restricted
areas.
Term
This Agreement will remain in full force and effect
while you use the Biloubnan Web site and/or are a
Member. You may cancel your Biloubnan membership
at any time by sending us a message via email. Once
we process your request, we will remove
your account from our database. Biloubnan may terminate
your membership for any reason, at any time. Even
after membership is terminated, this Agreement will
remain in effect.
Proprietary Rights in Content on Biloubnan
Biloubnan owns and retains all proprietary rights in
the Web site and our Service. The Web site contains
the copyrighted material, trademarks, and other proprietary
information of Biloubnan, and its licensors. Except
for that information which is in the public domain
or for which you have been given written permission,
you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information.
Content Posted on the Biloubnan Site
You also agree to the following terms regarding the
content posted on the Biloubnan site:
You understand
and agree that Biloubnan may review and delete any
content, messages, photos or profiles
(collectively, "Content") that in the sole
judgment of Biloubnan violate this Agreement or which
might be offensive, illegal, or that might violate
the rights, harm, or threaten the safety of Members.
Your profile must describe you, a company or individual
person. Examples of inappropriate profiles include,
but are
not limited to, profiles that purport to represent
an animal, place, inanimate object, fictional character,
or real individual who is not you.
By posting Content to any public area of Biloubnan,
you automatically grant, and you represent and warrant
that you have the right to grant, to Biloubnan an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license
to use, copy, perform, display, distribute and to prepare
derivative works of such Content within the Service,
and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content
that is illegal or prohibited on the Web site. Biloubnan
reserves the right to investigate and take appropriate
legal action in its sole discretion against anyone
who violates this provision including, without limitation,
removing the offending communication from the Biloubnan
site and terminating the membership of such violators.
It includes Content that:
is patently offensive to the online
community, such as Content that promotes racism, bigotry,
hatred or
physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail," "chain
letters" or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading
or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated
computer programs or links to them, providing information
to circumvent manufacturer-installed copy-protect
devices, or providing pirated music or links to pirated
music files;
contains restricted or password-only access pages,
or hidden pages or images (those not linked to or
from another accessible page);
displays pornographic or sexually explicit material
of any kind (excluding areas of the Service clearly
labeled as Adult);
provides material that exploits people under the age
of 18 in a sexual or violent manner, or solicits
personal information from anyone under 18;
provides instructional information about illegal activities
such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer
viruses;
solicits passwords or personally-identifying information
for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without
our prior written consent such as contests, sweepstakes,
barter, advertising and pyramid schemes; and
solicits people you don't know to add you or accept
you as a contact on Biloubnan.
Even though all of this is strictly prohibited, there
is a small chance that you might become exposed to
such items and you further waive your right to any
damages (from any party) related to such exposure.
You must use the Service in a manner consistent with
any and all applicable laws and regulations.
You agree not to use the Biloubnan Web site as a door
or signpost to any other home page or as a vehicle
for remote loading. Examples of remote loading include
providing, on another web site, a direct link to a
video or music file hosted on the Biloubnan Web site
and/or providing a link from another web site to the
Biloubnan Web site with instructions on how to play
a specific video or music file hosted on the Biloubnan
Web site. Accordingly, we reserve the right to limit
the number of times and/or the frequency with which
any video or music file hosted on the Biloubnan Web
site can be downloaded and played.
Copyrights and Trademarks
You may not post, distribute, or reproduce in any way
any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent
of the owner of such proprietary rights. Without
limiting the foregoing, if you believe that your
work has been copied and posted on the Service in
a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information:
an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that
you claim has been infringed; a description of where
the material that you claim is infringing is located
on the Web site; your address, telephone number,
and e-mail address; a written statement by you that
you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent,
or the law; a statement by you, made under penalty
of perjury, that the above information in your notice
is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
Links to Third Party Sites
Any links included within the Biloubnan site that take
users out of the Biloubnan site are not under the
control of Biloubnan. Biloubnan shall not be responsible
for the content of any linked site or any link contained
in a linked site. All such sites shall be subject
to the policies and procedures of the owner of such
site. We encourage you to read those policies and
know your rights.
Transactions with Organizations or Individuals
Biloubnan shall not be liable for your interactions
with any organizations and/or individuals found on
or through the Biloubnan Service. This includes, but
is not limited to, payment and delivery of goods
and services, and any other terms, conditions, warranties
or representations associated with such dealings.
These dealings are solely between you and such organizations
and/or individuals. You agree that Biloubnan is not
responsible for any damage or loss incurred as a
result of any such dealings. Biloubnan is under no
obligation to become involved in disputes between
participants on the site, or between participants
on the site and any third party. In the event of
a dispute, you release Biloubnan, its officers, employees,
agents and successors in rights from claims, damages
and demands of every kind, known or unknown, suspected
or unsuspected, disclosed or undisclosed, arising
out of or in any way related to such disputes and
our Service.
Privacy Policy
Use of the Web site and/or the Service is also governed
by our Privacy Policy.
Disclaimers
Biloubnan is not responsible for any incorrect or inaccurate
Content posted on the Web site or in connection with
the Biloubnan Service, whether caused by users of
the Web site, Members or by any of the equipment
or programming associated with or utilized in the
Service. Biloubnan is not responsible for the conduct,
whether online or offline, of any user of the Web
site or Member of the Service. Biloubnan assumes no
responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction
or unauthorized access to, or alteration of, user
or Member communications. Biloubnan is not responsible
for any problems or technical malfunction of any
telephone network or lines, computer online systems,
servers or providers, computer equipment, software,
failure of e-mail or players on account of technical
problems or traffic congestion on the Internet or
at any web site or combination thereof, including
injury or damage to users and/or Members or to any
other person's computer related to or resulting from
participating or downloading materials in connection
with the Web and/or in connection with the Service.
Under no circumstances will Biloubnan be responsible
for any loss or damage, including personal injury
or death, resulting from anyone's use of the Web
site or the Service, any Content posted on the Web
site or transmitted to Members, or any interactions
between users of the Web site, whether online or
offline. The Web site and the Service are provided "AS
IS" and Biloubnan expressly disclaims any warranty
of fitness for a particular purpose or non-infringement.
Biloubnan cannot guarantee and does not promise any
specific results from use of the Web site and/or
the Service. The Service may be temporarily unavailable
from time to time for maintenance or other reasons.
No advice or information, whether oral or written,
obtained by user from Biloubnan or through or from
the Service shall create any warranty not expressly
stated herein.
Limitation on Liability
Except in jurisdictions where such provisions are restricted,
in no event will Biloubnan be liable to you or any
third person for any indirect, consequential, exemplary,
incidental, special or punitive damages, including
also lost profits arising from your use of the Web
site or the Biloubnan Service, even if Biloubnan has
been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained
herein, Biloubnan's liability to you for any cause
whatsoever, and regardless of the form of the action,
will at all times be limited to the amount paid,
if any, by you to Biloubnan for the Service during
the term of membership.
Disputes
If there is any dispute about or involving the Web
site and/or the Service, by using the Web site you
agree that the dispute will be governed by the laws
of the State of Florida without regard to its conflict
of law rules. You agree to the exclusive jurisdiction
and venue of the Florida state courts in and for
Palm Beach County, Florida and the Federal Courts
in and for the Southern District of Florida.
Indemnity
You agree to defend, indemnify and hold harmless Biloubnan
with respect to any and all costs, claims, demands,
investigations, liabilities, losses, damages, judgments,
settlements, costs and expenses, including attorneys'
fees arising out of or in connection with your use
of the Biloubnan Service in violation of this Agreement
and/or arising from a breach of this Agreement and/or
any breach of your representations and warranties
set forth above. Notwithstanding the foregoing, Biloubnan
retains the exclusive right to settle, compromise
and pay any and all claims, demands, proceedings,
suits, actions or causes of actions which are brought
against Biloubnan herein under the terms and provisions
of this Section and in no event shall you settle
any such claim without Biloubnan's prior written approval.
General Practices Regarding Use and Storage
You acknowledge that Biloubnan may establish general
practices and limits concerning use of the Service
including, without limitation, the maximum number
of days that messages or other uploaded Content will
be retained by the Service, the maximum number of
messages that may be sent from or received by an
account on the Service, the maximum size of any message
that may be sent from or received by an account on
the Service, the maximum disk space that will be
allotted on Biloubnan's servers on your behalf, and
the maximum number of times (and the maximum duration
for which) you may access the Service in a given
period of time. You agree that Biloubnan has no responsibility
or liability for the deletion or failure to store
any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge
that Biloubnan reserves the right to log off accounts
that are inactive for an extended period of time.
You further acknowledge that Biloubnan reserves the
right to modify these general practices and limits
from time to time.
No Agency
The terms and provisions of this Agreement shall not
be interpreted as creating an agency, partnership,
joint venture, employee-employer or franchisor-franchisee
relationship between Biloubnan and any User of the
Service. A Member may not bind or obligate Biloubnan
without Biloubnan's prior written consent.
Special Admonitions for International Use
As a consequence of the global nature of the Internet,
you agree to comply with all local rules regarding
user conduct on the Internet and acceptable content.
Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data
exported from the United States or the country in
which you reside.
Miscellaneous
This Agreement, accepted upon use of the Web site and
further affirmed by becoming a Member of the Biloubnan
Service, contains the entire agreement between you
and Biloubnan regarding the use of the Web site and/or
the Service. The failure of Biloubnan to exercise
or enforce any right or provision of this Agreement
shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in
full force and effect. The section titles in this
Agreement are for convenience only and have no legal
or contractual effect.
Subscription Services
Some features of, or services provided through, the
Web site require a fee-based subscription (all fee-based
features and/or services are referred to herein as "Subscription
Services"). By purchasing Subscription Services,
you agree that your subscription is personal to you
and that you will not transfer or make available your
account name and password to others, including without
limitation your friends, co-workers and other contacts.
Any distribution of your account name and password
may result in cancellation of your subscription without
refund and in additional charges based on unauthorized
use. From time to time, Subscription Services may change
without notice.
Payment
Prices for Subscription Services exclude all applicable
taxes and telecommunication charges, unless expressly
stated otherwise. To the extent permissible by law,
you are responsible for any applicable taxes, whether
or not they are listed on your receipt or statement.
If you purchase Subscription Services, you agree
to pay, using a valid credit card (or other form
of payment that Biloubnan may accept from time to
time), the applicable fees and taxes (if any) set
forth on the Web site. Biloubnan reserves the right,
upon prior notice to you, to change the amount of
any fees and to institute new fees, effective at
the end of your current subscription period. All
authorized charges will be billed to your designated
credit card account (or other payment method) on
the terms described in the specific offer. If payment
cannot be charged to your credit card or your payment
is returned to Biloubnan for any reason, Biloubnan
reserves the right to either suspend or terminate
your access to Subscription Services.
Refund Policy
Payment for Subscription Services is non-refundable.
Cancellation/Termination of Subscription Services
You may cancel Subscription Services at any time by
contacting Biloubnan customer service. Biloubnan
will attempt to process all cancellation requests
within
72 hours. Please contact Biloubnan customer service
(cutomerservice@biloubnan.com) to cancel your
automatic renewal, cancel your subscription, and/or
change your payment method. In addition, Biloubnan
reserves the right to terminate your Subscription
Services if Biloubnan determines, in its sole discretion,
that you are not complying with the Terms of Service.
Any such cancellation or termination is subject to
the no-refund policy as described above.
Please contact us with any questions regarding this
Agreement.
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