We
reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any
breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and
your right to use our Services will terminate immediately.
Your
submissionsand contributions
Please review this section and the"PROHIBITED
ACTIVITIES
"section carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you have when
you post or upload any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute
to, or participate in blogs, message boards, online forums, and other functionality during which you may
create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us
or through the Services, including but not limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any
Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services
.
When you post Contributions, you grant us a
license(including use of your name, trademarks,
and logos): By posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, andlicenseto: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including,
without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise,
to prepare derivative works of, or incorporate into other works, your Contributions, and tosublicense the licenses
granted in this section. Our use and distribution may occur in any media formats and through any media
channels.
Thislicenseincludes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide.
You are responsible for what you post or upload: By sending us
Submissionsand/or posting Contributionsthrough any part of the Services
or making Contributions accessible through the Services by linking your account through the
Services to any of your social networking accounts,
you:
- confirm that you have read and agree with our
"PROHIBITED ACTIVITIES
"and will not post,
send, publish, upload, or transmit through the Services any Submission
nor post any Contributionthat is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to
any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to
any such Submissionand/or Contribution;
- warrant that any such Submissionand/or
Contributionsare original to you or that you have the
necessary rights andlicensesto submit such Submissions
and/or Contributionsand that you have full
authority to grant us the above-mentioned rights in relation to your Submissionsand/or Contributions;
and
- warrant and represent that your Submissions
and/or Contributionsdo not constitute confidential
information.
You are solely responsible for
your Submissionsand/or Contributionsand you expressly agree to reimburse us for any and all losses
that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property
rights, or (c) applicable law.
We may remove or edit
your Content: Although we have no obligation to monitor any Contributions, we shall have the
right to remove or edit any Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright
infringement
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services infringes
upon any copyright you own or control, please immediately refer to the
"
COPYRIGHT INFRINGEMENTS
"
section below.
11. SOCIAL
MEDIA
As part of the functionality of the
Services, you may link your account with online accounts you have with third-party service
providers (each such account, a"Third-Party Account") by either: (1) providing your Third-Party Account
login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable
terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are
entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without breach by you of any of the
terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any
fees or making us subject to any usage limitations imposed by the third-party service provider
of the Third-Party Account. By granting us access to
any Third-Party Accounts, you understand that (1) we
may access, make available, and store (if applicable) any content that you have provided to and
stored in your Third-Party Account (the"Social Network Content"
) so that it is available on and through the Services via your account, including without
limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent
you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party
Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your
account on the Services. Please note that if a Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account
is terminated by the third-party service provider, then Social Network Content may no longer be
available on and through the Services. You will have the ability to disable the connection
between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort
to review any Social Network Content for any purpose, including but not limited to, for
accuracy, legality, or non-infringement, and we are not responsible for any Social Network
Content. You acknowledge and agree that we may access your email address book associated with a
Third-Party Account and your contacts list stored on
your mobile device or tablet computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Services. You can deactivate the connection
between the Services and your Third-Party Account by
contacting us using the contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username
and profile picture that become associated with your account.
12. ADVERTISERS
We allow advertisers to display their
advertisements and other information in certain areas of the Services, such as sidebar advertisements or
banner advertisements. We simply provide the space to place such advertisements, and we have no other
relationship with advertisers.
13. SERVICES
MANAGEMENT
We reserve the right, but not
the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including
without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of the Services.
14. PRIVACY
POLICY
We care about data privacy and security.
Please review our Privacy Policy: http://www.theb.ai/privacy-policy. By using the
Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised the Services are hosted inthe
United States
,United Kingdom
,Singapore
andNetherlands
. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use, or disclosure that differ
from applicable laws in
theUnited States
,United Kingdom
,Singapore
andNetherlands
, then through your continued use of the Services, you are
transferring your data to
theUnited States
,United Kingdom
,Singapore
andNetherlands
, and you expressly consent to have your data transferred
to and processed in
theUnited States
,United Kingdom
,Singapore
andNetherlands
.
15. COPYRIGHT
INFRINGEMENTS
We respect the intellectual property rights
of others. If you believe that any material available on or through the Services infringes upon any
copyright you own or control, please immediately notify us using the contact information provided below
(a"Notification"). A
copy of your Notification will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if you are not sure that material located
on or linked to by the Services infringes your copyright, you should consider first contacting an
attorney.
16. TERM
AND TERMINATION
These Legal Terms shall remain in full force
and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for
any reason, you are prohibited from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change, modify, or
remove the contents of the Services at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be
available at all times. We may experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right
to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or releases in connection
therewith.
18. GOVERNING
LAW
These Legal Terms and your use of the
Services are governed by and construed in accordance with the laws of
the State ofColorado
applicable to agreements made and to be entirely performed within
the State ofColorado
, without regard to its conflict of law principles.
19. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a"Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least
thirty (30)days before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding
Arbitration
Any dispute
arising out of or in connection with these Legal Terms, including any question regarding its existence,
validity, or termination, shall be referred to and finally resolved by the International Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according
to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this
clause. The number of arbitrators shall bethree (3). The seat, or legal place,
or arbitration shall be
Hong Kong,
Hong Kong
. The language of the proceedings shall beChinese
. The governing law of these Legal Terms shall be substantive law of
Hong Kong
.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis or toutilizeclass action
procedures; and (c) 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.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, orunauthorizeduse; and (c) any
claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
21.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANYUNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY
ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE,
OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BESTJUDGMENTAND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in
these Legal Terms; (5) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with
whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusivedefenseand control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our
defenseof such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
24. USER
DATA
We will
maintain certain data that you transmit to the Services for the purpose of managing the performance of
the Services, as well as data relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any right of action against us arising
from any such loss or corruption of such data.
25. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute electronic communications. You
consent to receive electronic communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and on the Services, satisfy any
legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic means.
26. CALIFORNIA
USERS AND RESIDENTS
If any
complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27. MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or in respect to the
Services constitute the entire agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all
of our rights and obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Legal Terms or use of
the Services. You agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and alldefensesyou may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute these Legal Terms.
28. CONTACT
US
In
order to resolve a complaint regarding the Services or to receive further information regarding use of
the Services, please contact us at:
The BAI Limited
332 Norfolk St, Aurora, CO 80011, USA
Aurora
,CO
80011
United States
Phone:(US)(636) 206-4969
Fax:
(US)(636) 206-4969