Terms & Conditions | BH Courier

Terms & Conditions

Terms & Conditions 

Posted Monday, July 8, 2013

ACCEPTANCE OF TERMS OF USE

Please read these Terms of Use (“Terms”) carefully. This website “SiliconBeachClearly.com”, its e-newsletters, and its related websites and e-newsletters and news updates, including  www.bhcourier.com; its related proprietary websites, www.rodeodrivefashionforward.com,  www.beverlyhillscaliforniarealestate.us and their foreign-language versions, and the proprietary websites linked to these websites, are a service of the Beverly Hills Courier, LLC  (collectively “THE COURIER”).  THE COURIER PROVIDES THIS SITE TO YOU AND ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively “You”), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN THE COURIER AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS SITE OR THE ORDER LINKS PROVIDED BY THIS WEBSITE (b) USING THESE SITES IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

SUBMISSIONS BY YOU

All material, content and information including but not limited to technical, contractual, product, program, pricing, marketing, photography and other valuable information, and data, text, software, music, sound, photographs, graphics, video, messages, reviews or other materials (“Material”) on the Site shall be and remain the property of THE COURIER or its respective owners. THE COURIER may amend these Terms at any time by posting the amended terms on this Site.

You agree that You are solely responsible for any Material posted or submitted by You. You represent and warrant that You own or otherwise control all of the rights to Material submitted by You and that no use of such Material by THE COURIER will infringe or violate any rights of any third party. You agree to defend, indemnify and hold THE COURIER and its affiliated, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers and contractors (collectively the “Affiliates”) harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and legal costs) arising from or in connection with any Material posted or submitted by You. THE COURIER reserves the right, at any time and in its sole discretion, to delete, move or edit any Material posted or submitted by You.

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by You to THE COURIER on this Site or otherwise disclosed, submitted or offered in connection with Your use of this Site (collectively “Comments”) shall be and remain THE COURIER’s property. Any such disclosure or submission of Comments shall constitute an assignment to THE COURIER of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. THE COURIER will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. THE COURIER shall be under no obligation (1) to maintain Comments in confidence; (2) to pay any compensation for Comments; or (3) to respond to any Comments.

PROMOTIONS

By participating in surveys, sweepstakes, contests or promotions on this Site or any related websites, and/or requesting promotional information or product updates, You hereby agree that THE COURIER may use information about You for marketing, product development and promotional purposes. You agree that THE COURIER may use information about You and Your use of this Site in any manner that does not reveal Your identity and/or consistent with the terms of THE COURIER’s Privacy Policy. Further, You agree that THE COURIER may send You electronic mail for the purpose of advising You of updates to this Site, and/or its related sites, thereby providing You with information about goods or services, events or other items of possible interest.

CONTENT PROVIDED VIA LINKS

You may find links to other Internet sites or resources on the Site. You acknowledge and agree that THE COURIER is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. THE COURIER will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

PRODUCTS

THE COURIER may display products, goods and services on this Site or which may be made available through this Site.   However, THE COURIER cannot guarantee that the products, goods and services appearing on this Site will be available through this Site.  Availability and selection are subject to supply.  When they are offered or provided by others not related to THE  COURIER, You recognize and acknowledge that those third parties are solely responsible for availability, pricing and all claims made in connection with such goods or services.  THE COURIER specifically disclaims all responsibility or liability for the accuracy or completeness of any representations made in connection with such goods and/or services.

INTELLECTUAL PROPERTY RIGHTS

You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Sites, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. All content on the Sites are the exclusive property of THE COURIER or of its owner as specified on the Sites and protected by U.S. and international copyright laws.

“THE COURIER Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, graphics and other designations THE COURIER uses in connection with its websites, publications, promotions, products or services, including but not limited to THE COURIER, The San Marino Tribune, Rodeo Drive Fashion Forward and the Sites. You may not remove or alter any THE COURIER Trademarks, or use THE COURIER Trademarks, without THE COURIER’s prior written consent. You acknowledge THE COURIER’s rights in THE COURIER Trademarks and agree that any use of THE COURIER Trademarks by You shall inure to THE COURIER’s sole benefit.

DISCLAIMER OF WARRANTIES

THE SITES AND THEIR MATERIAL ARE PROVIDED “AS IS” FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS MATERIAL ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COURIER DOES NOT WARRANT OR GUARANTEE THAT ALL MATERIAL IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS MATERIAL AND PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THE COURIER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND THE PRODUCTS, SERVICES AND MATERIAL AVAILABLE FROM THIS SITE. YOUR USE OF THIS SITE AND ITS MATERIAL IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COURIER BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT THE COURIER OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold THE COURIER harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising from or in connection with Your use or misuse of this Site and the Material or Your violation of any provision of these Terms.

INTERNATIONAL USE

THE COURIER makes no representation or warranty that the Sites and their Material are appropriate or available for use in locations outside the United States. Accessing this Site or the Material from territories in which this Site or the Material is illegal is prohibited. You agree that if You choose to access this Site or Material from any locations outside the United States, You do so on Your own initiative and are solely responsible for compliance with local laws.

CONSENT TO PRIVACY POLICY

You consent to the collection, processing and storage by THE COURIER of Your personal information in accordance with the terms of THE COURIER’s Privacy Policy, which is available at www.beverlyhillscaliforniarealestate.us/Privacy. You agree to comply with all applicable laws and regulations, and the terms of THE COURIER’s Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with this Site.

MISCELLANEOUS

If there is a dispute about these Terms or Your use of this Site, the laws of the State of California, United States of America, shall apply, without regard to any conflict of law provisions, and it shall be resolved exclusively by the state and federal courts sitting in California in the State of California, United States of America.

Copyright 2014 BEVERLY HILLS COURIER., LLC.   All Rights Reserved