TERMS OF USE
Legal Disclaimer
Acceptance of Agreement
Please read this Agreement carefully as by using the pages ("the information") you will be taken to have agreed to be bound by its terms. BOCI Creative Nite LLC, ("We") reserve the right to vary these conditions at any time. You are advised to review the conditions of use on a regular basis as you will be deemed to have accepted variations if you continue to use the pages after the variations have been posted.
1. Introduction
By using this site you indicate your willingness to comply with and your understanding of the terms and conditions set forth in this Terms of Use Agreement. This agreement constitutes the only agreement between BOCI Creative Nite LLC and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website and the subject matter of this Agreement. You agree that any dispute you may have arising from, or related to, the subject matter thereof shall be governed by and interpreted in accordance with, the laws of the United States of America, and throughout the world by the applicable copyright laws. By using this site, you consent to submit to the exclusive jurisdiction of the State and Federal courts of the United States of America, and the country in which the user resides.
2. Copyright
Notification of Copyright, Trademark, and other proprietary information included on this web page. All components found on this site, including but not limited to text, graphics, logos and photos are proprietary information and copyrighted property of BOCI Creative Nite LLC. No component of this web site may be copied or duplicated without prior written permission from BOCI Creative Nite LLC. All proprietary rights to all names, trademarks and images contained on this web site, regardless of whether a trademark registration has been secured, are reserved.
3. Site Content and Intellectual Property Ownership
You acknowledge that the messages, information, data, text, software, images, graphics or other materials posted on the Site ("the Content") contain trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are owned by BOCI Creative Nite LLC, its third party licensors or suppliers, contributors, and that such proprietary material is protected by law, including U.S. copyright laws and international treaty provisions. The "look and feel" of the website (including color combinations, text, images, logos, button shapes, layout, design compilation and presentation of information and all other graphical elements) are also BOCI Creative Nite LLC trademarks and/or copyrights. Any unauthorized use of trademarks appearing on the website may constitute trademark infringement, which could subject the user to substantial civil penalties. The deletion or alteration of any copyright, trademark or other proprietary notices from the website is strictly forbidden.
Further, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content contained on the Site. You are granted a non-exclusive, non-assignable and non-transferable license to use the Site only under this Agreement. All communications from you to this website is non-confidential and non-proprietary.
BOCI Creative Nite LLC have the right to monitor all content within the website. You agree not to use this website to contribute and distribute content that are defamatory, unlawful, harmful to minors, obscene, false, and such cause that will infringe on Intellectual Property Rights and Ownership. BOCI Creative Nite LLC reserves the right to review, revise, or reject any material submitted for advertising, and publishing.
4. Third Party Content and Links to Other sites
BOCI Creative Nite LLC does not warrant the security of any other website which the user may access through the Bocicreativenite.com website or which provides links to the Bocicreativenite.com website; nor does such link between Bocicreativenite.com website to third party's website constitute an endorsement or recommendation of such third party's products, services and/or informational content. We are not responsible for and assume no liability for any third party content.
5. Indemnity
You hereby agree to indemnify and hold harmless BOCI Creative Nite LLC from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss incurred or suffered by BOCI Creative Nite LLC directly or indirectly by reason of any act or omission which you commit in breach of these terms and conditions and the obligations and warranties contained in them.
6. Privacy Statement
What Personal Information Do We Collect and Use
We consider the following to be examples of Personally Identifiable Information but there may be others: your first and last name, business title, company name, company website, mailing address.
BOCI Creative Nite LLC does not collect Personally Identifiable Information about a user unless it is voluntarily provided to our Company and so that we can serve the user's needs and our legitimate business purposes as stated here. For example, when the user sends us a message, an article, a contribution to the website, or makes a sponsorship through advertising with us, we need to retain certain Personally Identifiable Information on this Site in order to respond. A user's Personally Identifiable Information may also be used by our company to help us improve this Site, and for our company's marketing and promotional purposes. The information will be treated confidentially within our company, as we protect other confidential information. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features.
7. Postings
Users should be reminded that any Personally Identifiable Information that is voluntarily posted by a user to a public area of a BOCI Creative Nite LLC website might be collected and used by others. We cannot prevent such users.
8. Sharing and Disclosure of Information
Except as specifically stated in this statement, our policy is not to share the Personally Identifiable Information collected through this Site with third parties, but we may share this Personally Identifiable Information with affiliates of BOCI Creative Nite LLC, and other companies and organizations who perform work for us under contract or sell products or services that complement our products and services. We also may disclose Personally Identifiable Information (i) in response to a court order or legal process, to the extent permitted and required by law; (ii) to protect user security or the security of other persons, consistent with applicable laws; (iii) in connection with a transaction, joint venture or other transfer to some or all of BOCI Creative Nite LLC or the assets of BOCI Creative Nite LLC; or (iv) in order to enforce the Site's Terms of Use. We exercise commercially reasonable care otherwise not to share, disclose or sell the Personally Identifiable Information of users to third-parties, except with the prior approval of the user.
BOCI Creative Nite LLC may use a third party service to collect anonymous visitor information like IP addresses, browser types (such as Internet Explorer or Netscape), referring pages, pages visited and time spent on a particular site. BOCI Creative Nite LLC collects this information (i) for statistical analysis of web page traffic patterns; (ii) to administer our Site and servers; (iii) to allow for auditing of our services by some third parties who have that right; and (iv) for internal purposes to make marketing decisions.
9. Permission of Use
Requests for permission to use any of our copyrighted content must be in writing sent to BOCI Creative Nite LLC, via our Contact Us page.
Please specify how content will be used, exact pages, and number of copies. Your letter must include requestor's first and last name, contact phone number, mailing address. If your request is for permission to use Web pages from our company Web sites, your letter must include the URL address, and a printed copy of the Web pages that contain the material you would like to reuse with a clear indication of the pieces you desire. You must also include a brief description of your intended use for these components, plus the following information:
i. The intended audience, an estimate of how many persons will view the content you have requested, and the dates during which you expect the material to be available to your audience.
ii. A description of access and usage control methods.
iii. A sample of how and where you would display our content and copyright notice.
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