These terms (“Terms”) govern your use of the web sites, content and applications of Buckeye Interactive (the “Service”). Please read them carefully.
YOUR AFFIRMATIVE ACT OF USING THE SERVICE, AND/OR REGISTERING WITH US, SIGNIFIES YOUR AGREEMENT TO THESE TERMS.
- About these terms. These Terms serve as a contract between you and us. It has the same effect as an agreement in writing. We use the term “we” or “us” to mean Buckeye Interactive, Inc. and its parent and affiliates, and we use the term “you” or “your” to mean either you as an individual or the entity on whose behalf you are accepting these terms.
- We may change these terms. We may change these Terms at any time. The changes take effect after we post the changes. If you don’t agree to the changes, you must discontinue your use of the Service before the changes become effective. Otherwise, the new terms will apply to you.
- About the Services. You understand and agree that we may discontinue or change any aspect of the Service at any time. Our services are based in the United States and are not customized for use in any other country. You must comply with the laws of your jurisdiction when you use the Service. We may link to other sites, but these links do not mean that we endorse the content of such sites or that we take responsibility for their content. All of our products, services and pricing described on the Service are subject to availability and may be withdrawn without notice.
- Registration. If you register with us, you must be at least 18 years of age, you must provide us with true and accurate information about yourself, and you agree to keep this information up to date.
- License grant. We give you a personal, limited, non-transferable, non-assignable and non-exclusive license to access and use the Service for your personal use and subject to these Terms.
- Restrictions. You may not, nor permit any other party to:
- Copy, record, resell, retransmit, redistribute, modify, translate or otherwise create derivative works of the Service and its content;
- Export or re-export the Service or its technology and applications in violation of any United States export law or regulation;
- Violate these Terms, applicable laws, or the rights of others;
- Frame any of the Service’s Web sites, pages or other content;
- Scrape or use any manual automated process to capture data or content from the Service and its databases; or
- Attempt to gain unauthorized access, circumvent our registration process, or use any process to damage, disable, impair, or otherwise attack the Service or its network and computers.
- We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.
- Proprietary rights. Our licensors and we exclusively own all intellectual property rights, title and interest in any materials, content, applications, Web site organization and designs, trademarks, trade names and logos on the Service.
- Your content. If we offer any features where users may post content and comments, you grant us a non-exclusive, perpetual license to display, use, adapt and distribute your content on the Service. You agree that any content you post is original to you, or you have permission to post it, and that it does not infringe the rights of others. You may not upload, post or transmit any content that is defamatory, obscene, harassing, threatening, disparages races or religions, invades the privacy of others, or is, in our sole judgment, objectionable. We have no obligation to monitor or screen user postings and to remove such content, although we may do so in our sole discretion.
- Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Buckeye Interactive’s Agent for Notice with the following information in English (your “Notice”):
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on the our site, with enough detail that we may find it on the website (in most circumstances, we will need a URL);
d) Your address, telephone number, and email address;
e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Buckeye Interactive’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Buckeye Innovation, LLC
8000 Walton Parkway, Suite 200
New Albany, OH 43054
- Fees. If you sign up with us for a Service subject to a fee, you agree to pay us all charges at the prices you agreed to when you ordered your Service using your account, and you authorize us to charge your chosen payment provider (your “Payment Method”) for the Service. Any Service subject to a fee will be subject to additional terms and conditions that will supersede any terms set forth in these Terms. You agree to make payment using that selected Payment Method. We may correct any billing errors or mistakes. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify us if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). If we offer any promotional offers, such as free trials, only one promotion may be used per customer, and promotions may not be combined with other special offers. All sales are final.
- Term. Except for any fee-based Service subject to its own terms or a separate agreement, either you or we may cancel or terminate access to the Service and terminate these Terms any time without notice and for any reason.
- Limitation of Liability. IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, VENDORS, OR LICENSORS HAVE ANY LIABILITY TO YOU FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT LOSSES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF DATA.
- Disclaimer. WE PROVIDE THE SERVICE “AS IS.” WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE AT ALL TIMES AND PLACES.
- Indemnification. You agree to indemnify us, our parent, officers, directors, employees, agents, representatives, affiliates, licensors or volunteers from and against any loss, damage, liability or expense (including, but not limited to reasonable attorney’s fees) incurred by or awarded against us, to the extent that it arises under a claim based upon any breach by you of your obligations or warranties under these Terms.
- U.S. Government End Users. Any software products are “commercial items,” as that term is defined in 48 C.F.R. § 2.101, consisting of “commercial software” and “commercial computer documentation,” as such terms are used in 48 C.F.R. § 12.212 (Sept. 1995) and 48 C.F.R. § 227.7202 (June 1995).
- Transacting electronically. You agree to accept these terms and transact with us electronically. We may provide information about your Service and invoices to you by e-mail. We may also post notices about the Service on our Web site. You will need Internet access, a computer with a standard Internet browser such as Microsoft Explorer, Mozilla Firefox, Apple Safari, Google Chrome or Opera to review these terms, our Web sites and our notices. You will need a printer that works with your computer in order to print out a set of these terms. You can withdraw your consent to receive notices electronically by discontinuing your use of the Service.
- General terms. You may not assign your rights or obligations under these Terms. We may assign these terms at any time. Neither you nor we are an employee, agent, partner, joint venture or legal representative of the other. If any provision of these Terms is held unenforceable by a court of law, the remaining terms of this agreement shall remain in force and effect. These Terms serve as the final and complete agreement between you and us regarding your use of the Service. These Terms shall be governed by, and interpreted under, the Laws of Ohio. The United Nations Convention on Contracts for the International Sale of Goods shall not govern these Terms. Sections 7 through 16 survive termination of these Terms.
[Last Updated: April 9, 2012]