Bmcoll TERMS OF SERVICE

 

ACCEPTANCE OF TERMS

Bmcoll provides a collection of online resources, including classified

ads, and various email services, (referred to hereafter as 'the

Service') subject to the following Terms of Service ('TOS'). By using the Service

in any way, you are agreeing to comply with the TOS. In addition, when using

particular Bmcoll services, you agree to abide by any applicable posted

guidelines for all Bmcoll services, which may change from time to time.

Should you object to any term or condition of the TOS, any guidelines,

or any subsequent modifications thereto or become dissatisfied with Bmcoll

in any way, your only recourse is to immediately discontinue use of Bmcoll.

Bmcoll has the right, but is not obligated, to strictly enforce the TOS

through active investigation, litigation and

prosecution.

 

GENERAL INFORMATION

The TOS constitute the entire agreement between you and Bmcoll and

govern your use of the Service, superceding any prior agreements between you

and Bmcoll. The TOS and the relationship between you and Bmcoll

shall be governed by the laws of the State of California without regard to

its conflict of law provisions. You and Bmcoll agree to submit to the

personal and exclusive jurisdiction of the courts located within the county

of San Francisco, California. The failure of Bmcoll to exercise or

enforce any right or provision of the TOS shall not constitute a waiver of

such right or provision. If any provision of the TOS is found by a court

of competent jurisdiction to be invalid, the parties nevertheless agree that

the court should endeavor to give effect to the parties' intentions as

reflected in the provision, and the other provisions of the TOS remain in

full force and effect. You agree that regardless of any statute or law to

the contrary, any claim or cause of action arising out of or related to use

of the Service or the TOS must be filed within one (1) year after such

claim or cause of action arose or be forever barred.

 

 

 

CONTENT

You understand that all postings, messages, text, files, images, photos,

video, sounds, or other materials ('Content') posted on, transmitted

through, or linked from the Service, are the sole responsibility of the

person from whom such Content originated. More specifically, you are

entirely responsible for each individual item ('Item') of Content that you

post, email or otherwise make available via the Service. You understand that

Bmcoll does not control, and is not responsible for Content made available

through the Service, and that by using the Service, you may be exposed to

Content that is offensive, indecent, inaccurate, misleading, or otherwise

objectionable. Furthermore, the Bmcoll site and Content available through

the Service may contain links to other websites, which are completely

independent of Bmcoll. Bmcoll makes no representation or warranty as

to the accuracy, completeness or authenticity of the information contained

in any such site. Your linking to any other webites is at your own risk.

You agree that you must evaluate, and bear all risks associated with, the

use of any Content, that you may not rely on said Content, and that under no

circumstances will Bmcoll be liable in any way for any Content or for

any loss or damage of any kind incurred as a result of the use of any Content

posted, emailed or otherwise made available via the Service. You acknowledge

that Bmcoll does not pre-screen or approve Content, but that Bmcoll

shall have the right (but not the obligation) in its sole discretion to

refuse, delete or move any Content that is available via the Service, for

violating the letter or spirit of the TOS or for any other reason.

 

THIRD PARTY CONTENT, SITES, AND SERVICES

The Bmcoll site and Content available through the Service may contain

features and functionalities that may link you or provide you with access

to third party content which is completely independent of Bmcoll,

including web sites, directories, servers, networks, systems, information

and databases, applications, software, programs, products or services,

and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through

the Service, including payment and delivery of goods or services, and any

other terms, conditions, warranties or representations associated with such

dealings, are solely between you and such organizations and/or individuals.

You should make whatever investigation you feel necessary or appropriate

before proceeding with any online or offline transaction with any of these

third parties.

You agree that Bmcoll shall not be responsible or liable for any loss or

damage of any sort incurred as the result of any such dealings. If there is

a dispute between participants on this site, or between users and any third

party, you understand and agree that Bmcoll is under no obligation to

become involved. In the event that you have a dispute with one or more other

users, you hereby release Bmcoll, its officers, employees, agents and

successors in rights from claims, demands and damages (actual and

consequential) of every kind or nature, known or unknown, suspected and

unsuspected, disclosed and undisclosed, arising out of or in any way related

to such disputes and / or our service. If you are a California resident, you

waive California Civil Code Section 1542, which says: 'A general release does

not extend to claims which the creditor does not know or suspect to exist in

his favor at the time of executing the release, which, if known by him must

have materially affected his settlement with the debtor.'

 

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes

copyright infringement, or your intellectual property rights have been

otherwise violated, please notify Bmcoll's agent for notice of claims of

copyright or other intellectual property infringement ('Agent'), at

admin@Bmcoll.com

 

Please provide us with the following information:

1) Identify the material on the Bmcoll site that you claim is

infringing, with enough detail so that we may locate it on the website

 

2) A statement by you declaring under penalty of perjury that (1) the above

information in your Notice is accurate, and (2) that you are the owner of

the copyright interest involved or that you are authorized to act on behalf

of that owner

3) 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

 

4) Your address, telephone number, and email address and

5) Your physical or electronic signature.

Bmcoll will remove the infringing posting(s), subject to the the procedures

outlined in the Digital Millenium Copyright Act (DMCA).

 

CONDUCT

You agree not to post, email, or otherwise make available Content:

1) that is pornographic or depicts a human being engaged in actual sexual conduct

including but not limited to (i) sexual intercourse, including genital-genital,

oral-genital, anal-genital, or oral-anal, whether between persons of the same or

opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or

masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area

of any person

 

2) that is unlawful, harmful, threatening, abusive, harassing, defamatory,

libelous, invasive of another's privacy, or is harmful to minors in any way

 

3) that impersonates any person or entity, including, but not limited to, a

Bmcoll employee, or falsely states or otherwise misrepresents your

affiliation with a person or entity (this provision does not apply to Content

that constitutes lawful non-deceptive parody of public figures.)

4) that includes personal or identifying information about another person

without that person's explicit consent

5) that is false, deceptive, misleading, deceitful, misinformative, or

constitutes 'bait and switch'

6) that harasses, degrades, intimidates or is hateful toward an individual or

group of individuals on the basis of religion, gender, sexual orientation,

race, ethnicity, age, or disability.

 

7) that infringes any patent, trademark, trade secret, copyright or other

proprietary rights of any party, or Content that you do not have a right to

make available under any law or under contractual or fiduciary relationships

8) that constitutes or contains 'affiliate marketing,' 'link referral code,'

'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or unsolicited

commercial advertisement

9) that constitutes or contains any form of advertising or solicitation if:

posted in areas of the Bmcoll sites which are not designated for such

purposes or emailed to Bmcoll users who have not indicated in writing that

it is ok to contact them about other services, products or commercial interests.

10) that advertises any illegal service or the sale of any items the sale of

which is prohibited or restricted by any applicable law, including without

limitation items the sale of which is prohibited or regulated by California

law.

11) 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

12) that disrupts the normal flow of dialogue with an excessive amount of

Content (flooding attack) to the Service, or that otherwise negatively

affects other users' ability to use the Service or

13) that employs misleading email addresses, or forged headers or otherwise

manipulated identifiers in order to disguise the origin of Content

transmitted through the Service.

Additionally, you agree not to:

14) contact anyone who has asked not to be contacted, or make unsolicited

contact with anyone for any commercial purpose

15) 'stalk' or otherwise harass anyone

16) collect personal data about other users for commercial or unlawful

purposes

17) use automated means, including spiders, robots, crawlers, data mining

tools, or the like to download data from the Service - unless expressly

permitted by Bmcoll

18) post non-local or otherwise irrelevant Content, repeatedly post the

same or similar Content or otherwise impose an unreasonable or

disproportionately large load on our service.

19) attempt to gain unauthorized access to Bmcoll's computer systems or

engage in any activity that disrupts, diminishes the quality of, interferes

with the performance of, or impairs the functionality of, the Service or

the Bmcoll website. or

20) use any form of automated device or computer program that enables the

submission of postings on Bmcoll without each posting being manually

entered by the author thereof (an 'automated posting device'), including

without limitation, the use of any such automated posting device to submit

postings in bulk, or for automatic submission of postings at regular intervals.

 

 

LIMITATIONS ON SERVICE

You acknowledge that Bmcoll may establish limits concerning use of the

Service, including the maximum number of days that Content will be retained

by the Service, the maximum number and size of postings, email messages, or

other Content that may be transmitted or stored by the Service, and the

frequency with which you may access the Service. You agree that Bmcoll

has no responsibility or liability for the deletion or failure to store any

Content maintained or transmitted by the Service. You acknowledge that

Bmcoll reserves the right at any time to modify or discontinue the

Service (or any part thereof) with or without notice, and that Bmcoll

shall not be liable to you or to any third party for any modification,

suspension or discontinuance of the Service.

NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to

Bmcoll email addresses or through Bmcoll computer systems

a violation of these Terms and certain federal and state laws,

 

 

Bmcoll permits you to display on your website, or create a hyperlink

on your website to, individual postings on the Service so long as such use

is for noncommercial and/or news reporting purposes only (e.g., for use in

personal web blogs or personal online media). If the total number of such

postings displayed or linked to on your website exceeds one hundred (100)

postings, your use will be presumed to be in violation of the TOS,

absent express permission granted by Bmcoll to do so. You may also

create a hyperlink to the home page of Bmcoll sites so long as the

link does not portray Bmcoll, or its employees in a

false, misleading, derogatory, or otherwise offensive matter.

 

TERMINATION OF SERVICE

You agree that Bmcoll, in its sole discretion, has the right (but not

the obligation) to delete or deactivate your account, block your email or IP

address, or otherwise terminate your access to or use of the Service (or any

part thereof), immediately and without notice, and remove and discard any

Content within the Service, for any reason, including, without limitation,

if Bmcoll believes that you have acted inconsistently with the letter or

spirit of the TOS. Further, you agree that Bmcoll shall not be liable

to you or any third-party for any termination of your access to the Service.

Further, you agree not to attempt to use the Service after said termination.

 

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Bmcoll BE LIABLE FOR DIRECT, INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Bmcoll

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY

ASPECT OF YOUR USE OF THE Bmcoll SITE OR THE SERVICE, WHETHER THE

DAMAGES ARISE FROM USE OR MISUSE OF THE Bmcoll SITE OR THE SERVICE, FROM

INABILITY TO USE THE Bmcoll SITE OR THE SERVICE, OR THE INTERRUPTION,

SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Bmcoll SITE

OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES

INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR

ADVERTISED IN CONNECTION WITH THE Bmcoll SITE OR THE SERVICE OR ANY

LINKS ON THE Bmcoll SITE, AS WELL AS BY REASON OF ANY INFORMATION OR

ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Bmcoll SITE

OR THE SERVICE OR ANY LINKS ON THE Bmcoll SITE. THESE LIMITATIONS SHALL

APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,

limitations of liability are not permitted. In such jurisdictions, some of

the foregoing limitation may not apply to you.

 

INDEMNITY

You agree to indemnify and hold Bmcoll, its officers, subsidiaries,

affiliates, successors, assigns, directors, officers, agents, service

providers, suppliers and employees, harmless from any claim or demand,

including reasonable attorney fees and court costs, made by any third party

due to or arising out of Content you submit, post or make available through

the Service, your use of the Service, your violation of the TOS, your

breach of any of the representations and warranties herein, or your

violation of any rights of another.

 

 

1. If you post Content in violation of the TOS, other than as described

above, you agree to pay Bmcoll one hundred dollars ($1000) for each

Item of Content posted. In its sole discretion, Bmcoll may elect

to issue a warning before assessing damages.

POSTING AGENTS

A 'Posting Agent' is a third-party agent, service, or intermediary

that offers to post Content to the Service on behalf of others. To

moderate demands on Bmcoll's resources, you may not use a Posting

Agent to post Content to the Service without express permission or

license from Bmcoll. Correspondingly, Posting Agents are not

permitted to post Content on behalf of others, to cause Content to

be so posted, or otherwise access the Service to facilitate posting

Content on behalf of others, except with express permission or

license from Bmcoll.

 

MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise

alter these terms and conditions at any time. Such modifications shall become

effective immediately upon the posting thereof. You must review this agreement

on a regular basis to keep yourself apprised of any changes. You can find the

most recent version of the TOS at:

www.Bmcoll.com/info