2. Ability to Accept Terms
You affirm that you are over the age of 13, as the Site is not intended for children under 13. If it comes to BXP's attention through reliable means that a registered user is a child under 13 years of age, BXP will cancel that user's account and/or access to the Site. BXP shall not, in any case whatsoever, be held liable for the use of the site by a child under 13.
- BXP hereby grants you permission to use the Site, provided that:
- You will not copy, distribute or modify any part of the Site without BXP's prior written authorization;
- You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.
- Any conduct by you that, in BXP's opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted;
- You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs;
- You will not disrupt servers or networks connected to the Site; and
- You will comply with these Terms.
- In order to access some of the services of the Site, You will have to create an account. You may never use another's account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify BXP immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of BXP or others due to such unauthorized use. BXP will not be liable for Your losses caused by any unauthorized use of Your account.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to the BXP servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. BXP grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BXP reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
- BXP has the right to terminate your access to the Site, in its sole discretion, immediately and with or without cause.
4. Intellectual Property Rights
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions and any other content on the Site ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BXP. Content on the Site is provided to You "AS IS" for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without BXP's prior written consent. By your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Content or the Marks. BXP reserves all rights not expressly granted in and to the Site. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.
The BXP logo and other marks are Marks of BXP or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.
If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed content.
This section shall survive any termination of these Terms.
- You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: You own or have the necessary rights and permissions to use and authorize BXP to use all Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of Your ownership rights in Your User Submissions. However, by submitting the User Submissions to BXP, You hereby grant BXP a worldwide, non-exclusive, royalty-free, perpetual, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site and BXP's (and its successor's) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.
- You agree that You will not display, post, submit, publish or transmit a User Submission that:
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- Is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights;
- Creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
- Impersonates another person;
- Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- Is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Involves theft, money laundering or terrorism; or
- Is otherwise malicious or fraudulent.
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of BXP, its users or the public.
BXP permits You to link to materials on the Site for personal, non-commercial purposes only.
8. Information Description
BXP attempts to be as accurate as possible. However, BXP cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. BXP reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility
8. Limitation of Liability and Warranty
THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTYAPPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND BXP, THE SITE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, BXP DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT BXP WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
YOU SPECIFICALLY ACKNOWLEDGE THAT BXP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
BXP DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN ITS USERS' SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON THE SITE.
UNDER NO CIRCUMSTANCES SHALL BXP, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES EVEN IF BXP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT THE BXP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE SITE.
You agree to defend, indemnify and hold harmless BXP, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Site; (ii) Your violation of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by BXP without restriction.
Not required to respond to requests made by means other than through this e-mail address.