2. COMMUNITY GUIDELINESBel-Art’s community, like any community, functions best when its people follow a few simple rules. By accessing the Website, you hereby agree to comply with these community rules and that:
- You will not use the Website for any unlawful purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk” or otherwise harass another;
- Please be courteous, because everyone wants to be treated with respect, and showing respect to others makes the community better for all members;
- Unless otherwise agreed with us, please don’t use the Website to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme.
- Don’t post off-topic comments. Please keep your comments relevant to the products we offer on the Website.
- You will not access the Website to collect any market research for a competing businesses; You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means; and
- Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to remove any User Submissions that do not adhere to these guidelines.
4. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS During the registration process for Registered Users, we will ask you to create an account, which may include a sign-in name (“Sign-In Name”), your email address, a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Bel-Art will not be liable for any loss or damage caused by any unauthorized use of your account.
5. USER SUBMISSIONS; LICENSES; PUBLICITY; AND LIVE CHAT YOU, AND NOT BEL-ART, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER SUBMISSIONS THAT YOU UPLOAD, POST, E-MAIL OR OTHERWISE SUBMIT TO THE WEBSITE. You expressly acknowledge and agree that once you submit your User Submissions for inclusion into the Website, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Submissions, including, without limitation, any personally identifying information that you may make available online. If the Website provides you with the option of limiting the sharing of a particular User Submission at a particular time, Bel-Art will honor the option you have selected for that User Submissions at that time, but any such selection shall apply only to that User Submission and not more generally to all of your User Submissions. You retain all copyrights and other intellectual property rights in and to anything you email, upload or otherwise submit to us. Except for submissions to the Inventor’s Corner, you hereby grant us a non-exclusive, worldwide, royalty-free, license to use, reproduce, distribute, publish, publicly perform, and publicly display your User Submissions. In addition, you hereby grant each user of the Website a non-exclusive license to access your User Submissions, and to use, reproduce, distribute, publicly display, and publicly perform such User Submissions as permitted through the functionality of the Website. You also hereby grant Bel-Art a non-exclusive, worldwide, royalty-free, license to use your User Submissions, in whole or in part, to advertise or promote the Website and/or Bel-Art. These licenses shall extend from the time you upload the User Submission to the Website until a commercially reasonably time after you remove it, and shall extend to any media now known or hereafter devised. If you engage in a communication with our representative or agent via Live Chat feature on our Website, you may voluntarily provide, or otherwise be asked to provide your personal information and other information necessary to provide you with the services. We maintain transcripts of chats that are conducted through Live Chat and use such data solely as necessary to provide you with the services.
6. INVENTOR’S SUBMISSIONS We welcome you to submit ideas for improvements to our products and suggestions for new products through our Inventor’s Submission Program. Please be sure to include your contact information so we will be able to get in touch with you if we want to talk with you more about one of your ideas. We will not disclose the information that you provide to us through our Inventor’s Submission Program with any third parties, but please be aware that you should not share information that you consider to be proprietary or confidential (such as specific details about designs for your invention, processes, methods, or trade secrets) with us or with anyone else unless and until you have entered into a confidentiality and non-disclosure agreement to protect that information. It is possible that we have already been working on a similar invention or received a similar idea from another source, so please just provide us with a non-confidential description of your idea so we can decide whether we’re interested in hearing more.
7. COMMUNICATIONS WITH BEL-ART Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. Except for submissions to our Inventor’s Submission Program, if you send us e-mail, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information, as described in Section 5, above.
9. INTELLECTUAL PROPERTY The Website contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Bel-Art (collectively referred to as the “Content”). You may print a single copy of the Content for your own personal use, but you need to maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. The trademarks, service marks, and logos of Bel-Art (“Bel-Art Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Bel-Art and our affiliates. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Bel-Art Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Bel-Art Trademarks inures to our benefit. Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
10. DIGITAL MILLENNIUM COPYRIGHT ACT Bel-Art respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove Content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows: Name: Bel-Art Products-SP Scienceware Address: 661 Rt. 23 South Wayne, NJ 07470 Tel: 973-694-0500 Email: firstname.lastname@example.org If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
11. EXTERNAL SITES The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY This Website, the User Submissions, and the Content, materials and products on this Website are provided "as is" and without warranties of any kind, whether express or implied. Neither we nor any of our affiliates assume any responsibility for the accuracy of any information contained on our Website, for any interruptions or errors in accessing our Website, or for any viruses or other harmful components contained on our Website or the server from which our Website is made available. Neither we nor any of our affiliates make any warrantees or representations regarding the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. ALL PRODUCT REVIEWS ARE PROVIDED BY USERS OF OUR WEBSITE. WE DO NOT ENDORSE OR RECOMMEND ANY PRODUCTS OFFERED THROUGH OUR WEBSITE OR ANY PRODUCT REVIEWS POSTED ON OUR WEBSITE. EXCEPT AS EXPRESSLY SET FORTH ON THE WARRANTY INFO PAGE OF OUR WEBSITE LOCATED AT WARRANTY INFO, WE AND OUR AFFILIATES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR WEBSITE OR THE PRODUCTS OFFERED THROUGH OUR WEBSITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. YOU AGREE THAT YOUR USE OF THE WEBSITE, THE USER SUBMISSIONS AND ANY CONTENT OR MATERIALS AVAILABLE ON THE WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR WEBSITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE PRODUCTS OFFERED ON OUR WEBSITE OR RESULTING FROM ACCESS TO OR OTHER USE OF OUR WEBSITE OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR WEBSITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law.
13. REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION
(a) You hereby represent, warrant, and covenant that:
- You are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement;
- Use of your User Submissions in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
- You shall not submit to the Website any User Submissions that violate our community guidelines set forth above.
(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Content, the User Submissions, or the Website, and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
14. COMPLIANCE WITH APPLICABLE LAWS The Website is based in the United States. We make no claims concerning whether the Content and/or the User Submissions may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Content, or the User Submissions from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
15. MISCELLANEOUS This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. In the event of a dispute arising under or relating to this Agreement (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in New York county, New York may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in New York, New York USA. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, Bel-Art may litigate in court to seek injunctive relief. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications with Us,” “Disclaimer of Warranties/Limitation of Liability,” “Representations; Warranties; and Indemnification,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Thank you for your cooperation. We hope that you find our Website helpful and convenient to use. Questions or comments regarding our Website, including any reports of non-functioning links, should be submitted using our email address at email@example.com or via U.S. mail to 661 Route 23 South, Wayne, NJ 07470. Copyright 2016 Bel-Art Products. All rights reserved.