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Welcome! In order to keep BET.com a healthy, vibrant online community, we have adopted the following Terms of Service, which are applicable to everyone accessing and using BET.com.
BET.com reserves the right to alter these Terms of Service without advance notice by posting revised Terms. A current version of these Terms of Service will always be available at this location.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING BET.COM. YOUR USE OF OR ACCESS TO BET.COM CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT. IF YOU DO NOT AGREE WITH ALL
OF THE FOLLOWING TERMS OF SERVICE, PLEASE DO NOT USE BET.COM.
BET.com is owned and operated by BET Interactive, LLC. Whenever we refer to "BET.com" in these Terms of Service, we are including BET Interactive, LLC, its parent company, and its subsidiaries and other affiliates.
Any questions regarding the specific terms of these Terms of Service should be directed to contactus@bet.com.
Interactive Services.
BET.com provides an opportunity for users to exchange information, ideas and opinions, including but not limited to through the use of email, chat, instant messaging, personal home pages, "personals," auctions, facsimile and other services provided by BET.com (collectively, the "Service(s)").
The information, advice (such as legal and financial advice), ideas and opinions appearing on BET.com do not necessarily reflect the views of BET.com. BET.com does not assume responsibility or accept liability for the content, accuracy, truthfulness or reliability of information, advice, ideas and opinions appearing on BET.com, or for any claims, damages or losses resulting from the dissemination or use of any information, advice, ideas and opinions appearing on BET.com. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to this Agreement. You understand and agree that the Service is provided "AS-IS" and that BET.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, personal home pages or personalization settings.
The appearance of external hyperlinks does not constitute endorsement
by BET.com, its subsidiaries andaffiliates of the opinions or views
expressed by these linked websites and BET.com does not verify,
endorse, ortake responsibility for the accuracy, currency, completeness
or quality of the content contained in these sites. Furthermore, BET.com
is not responsible for the quality or delivery of the products or services
offered, accessed, obtained by or advertised by such sites. As such,
neither BET.com, its subsidiaries and affiliates will be responsible for
any errors or omissions or for the results obtained from the use of such
information contained in these sites. To the extent that these sites collect
personal information (the "Information") or Submission(s) from the end user,
be advised that in no event shall BET.com assume or have any responsibility
or liability for the manner in which the Information or Submission(s) are exploited
or for any claims, damages, or losses resulting fromtheir use and/or
appearance on these sites. Finally, BET.com will under no circumstances
be liable for any direct, indirect, incidental or special loss or other damage,
whether arising from negligence, breach of contract, defamation, infringement
of copyright or other intellectual property rights, caused by the exhibition,
distribution or exploitation of any information or content contained within
these sites.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
You specifically agree that BET.com is not responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that BET.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that BET.com is not responsible for any content sent using and/or included in the Service by any third party. Although we are not required to monitor or edit the interactive portions of BET.com, we reserve the right to do so and to delete any content provided by a user. BET.com is not responsible for any failure or delay in removing inaccurate or harmful content.
You agree that your use of the Service is subject to all applicable local, state, national and international laws and regulations and you are solelyresponsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of your transmissions through the Service.
In order to maintain tolerant and thoughtful interaction, BET.com expects you to respect the rights and dignity of others. Accordingly, you may not:
Harass, intimidate, or threaten another user; Victimize, degrade, or intimidate an individual or group on the basis of race, ethnicity, gender, sexual orientation, religion, age, or disability; Interfere with another user?s rights to privacy (including by harvesting or collecting information about BET.com users);Distribute junk or bulk e-mail, chain letters, surveys, contests, lotteries, or any other form of unauthorized solicitation;Post to BET.com any material that is defamatory, fraudulent, tortious, obscene or indecent; Post to BET.com any trademarks, logos, trade secrets, or copyrighted material that you aren't authorized to post;Post to BET.com any virus, worm, Trojan Horse, or any other computer code, file, or program that may or is intended to damage the operation of any hardware, software, or telecommunications equipment;Advertise or offer to sell or buy any goods or services for any non-personal purpose without the approval of BET.com; Impersonate any person or entity, including, but not limited to, a BET.com official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any transmissions through the Service;Try to gain unauthorized access to the Service, other users? accounts, or computers connected to the Service through password mining or other means; Violate any applicable laws or regulations, including, but not limited to, laws regarding the transmission of technical data or software exported from the United States through the Service.
Community Standards and Submissions.
To the extent that portions of BET.com provide users an opportunity to submit, post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (hereafter, the"Submission(s)"), please be advised that Submission do not necessarily reflect the views of BET.com. In no event shall BET.com assume or have any responsibility or liability for any Submission or for any claims, damages or losses resulting from their use and/or appearance on BET.com.
By posting a Submission, you authorize BET.com to use, and authorize others to use, such Submission in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature without any obligation to compensate you or anyone else. By posting a Submission, you represent and warrant that you have all necessary rights in such Submission and all information contained therein and that such Submission does not contain libelous, tortious, or otherwise unlawful information that may infringe upon the right of any third party. If your Submission incorporates the name, voice, likeness or image of any individual, you represent and warrant that you have the right to grant BET.com permission to use such name, voice, likeness and/or image of such individual appearing in the Submission in all media
throughout the world in perpetuity. Without limiting the foregoing, BET.com will have the right to use and change the Submission in any manner that BET.com may determine. Please be advised that in no event shall BET.com assume or have any responsibility or liability for the manner in which the Submission is exploited or for any claim, damages or losses resulting from their use and/or appearance on BET.com's websites, affiliated television programming services or elsewhere. Please also understand that your Submission shall not be returned by BET.com.
You agree to defend, indemnify and hold BET.com, it parent, affiliated subsidiary and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
E-Mail and other Services.
BET.com provides you with the capability to send and receive private (non-commercial) email using a BET.com address. BET.com may offer other Services for your private (non-commercial) use from time to time. You may not resell or make any commercial use of these Services. All of these Services are conditioned on your acceptance without modification of this Agreement.
To open an email or other Service account, you will need to provide us with current, complete, and accurate registration information. You will then choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password and account name, for maintaining the accuracy of your registration information, and for any and all activities that occur under your account.
BET.COM IS A GENERAL INTEREST SITE NOT INTENDED FOR
CHILDREN UNDER 13 YEARS OF AGE. THEREFORE, PERSONS
UNDER 13 YEARS OF AGE ARE NOT PERMITTED TO REGISTER
FOR ANY BET.COM SERVICE.
Subject to the terms of this Agreement, BET.com grants you a nonexclusive, non-transferable, limited license to use email-related or other Service-related software delivered by BET.com to you. BET.com will not monitor, edit, or disclose any personal information about you or your use of these email-related or other Service-related services, including their contents, without your prior permission unless BET.com has a good faith belief that such action is necessary to:
1.Conform to legal requirements or comply with legal process;
2.Protect and defend the rights or property of BET.com;
3.Enforce this Agreement; or
4.Act to protect the interests of others.
Notwithstanding the foregoing, you acknowledge that any material
or content that you post on BET.com, including on a BET.com
personal home page, is available to the general public, and you
therefore waive any and all potential claims against BET.com
relating to, among other things, privacy, defamation or false light.
BET.com reserves the right to highlight, categorize or otherwise
bring attention to in any manner BET.com deems appropriate in its
sole discretion to any BET.com personal home pages you may
create. BET.com reserves the right to eliminate any BET.com
personal home pages it deems, in its sole discretion, to be
offensive, inappropriate or otherwise inconsistent with these Terms
of Service, the BET.com Privacy Policy, or the rights and interests
of BET.com, its community, sponsors and business partners. You
acknowledge that certain technical processing of your messages
and their content may be required to:
1.Send and receive messages;
2.Conform to connecting networks' technical requirements;
3.Conform to the limitations of the Service; or
4.Conform to other similar requirements.
You acknowledge that such processing and alteration are automated and do not constitute the exercise of editorial control over the messages or the monitoring of message content. You agree that BET.com may access your account, including its contents, as stated above or to respond to service or technical issues.
BET.com reserves the right to set limits on the number of messages you may send or store. You agree that BET.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that BET.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BET.com reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice.
Trademarks.
BET.com and all marks, titles, logos, characters, and names that we display on BET.com are, to the extent applicable, trademarks that are used with permission. Some but not all BET.com trademarks are listed in About Us. You may use these trademarks only as is permitted by trademark law.
Ownership of Intellectual Property.
All site software, design, text, images, photographs, illustrations, audioclips, videoclips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of BET.com and/or its subsidiaries, affiliates or assigns or BET.com?s licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. BET.com hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of BET.com. Use of BET.com and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Copyrights.
All content on BET.com is protected under copyright law (although BET.com makes no representations or warranties nor accepts any liability for the content created, reproduced, published or posted by end users in personal web pages). You may download one copy ofthe content of BET.com to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise license, sell, modify, copy, publish, distribute or display any of the BET.com content.
In the event you have a claim of copyright infringement with
respect to material that is contained on BET.com, please follow the
procedures below:
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Service Provider(s):
BET.com Name of Agent Designated to Receive Notification of
Claimed Infringement: General Counsel
Full Address of Designated Agent to Which Notification Should be
Sent:
BET Interactive, LLC
2000 M Street, NW Suite 602
Washington, DC 20036
Telephone Number of Designated Agent: (202) 533-1990
Facsimile Number of Designated Agent: (202) 533-1999
Email Address of Designated Agent: copyright@bet.com
To be effective, the Notification must include the following:
1.A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is
allegedly infringed;
2.Identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted works at a single online
site are covered by a single notification, a representative list
of such works at that site;
3.Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate
the material;
4.Information reasonably sufficient to permit the service
provider to contact the Complaining Party, such as an
address, telephone number, and if available, an electronic
mail address at which the complaining party may be
contacted;
5.A statement that the Complaining Party has a good faith
belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and
6.A statement that the information in the notification is
accurate, and under penalty of perjury, that the Complaining
Party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information
as outlined in 1 through 6 above:
Service Provider shall remove or disable access to the
material that is alleged to be infringing; Service Provider shall
forward the written notification to such alleged infringer
("Subscriber");
Service Provider shall take reasonable steps to promptly
notify the Subscriber that it has removed or disabled access
to the material.
Counter Notification:
To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:
1.A physical or electronic signature of the Subscriber;
2.Identification of the material that has been removed or to
which access has been disabled and the location at which
the material appeared before it was removed or access to it
was disabled;
3.A statement under penalty of perjury that the Subscriber has
a good faith belief that the material was removed or disabled
as a result of mistake or misidentification of the material to
be removed or disabled;
4.The Subscriber's name, address, and telephone number, and
a statement that the Subscriber consents to the jurisdiction
of Federal District Court for the judicial district in which the
address is located, or if the Subscriber's address is outside of
the United States, for any judicial district in which the
Service Provider may be found, and that the Subscriber will
accept service of process from the person who provided
notification or an agent of such person
Upon receipt of a Counter Notification containing the information as
outlined in 1 through 4 above:
Service Provider shall promptly provide the Complaining Party
with a copy of the Counter Notification;
Service Provider shall inform the Complaining Party that it will
replace the removed material or cease disabling access to it
within ten (10) business days;
Service Provider shall replace the removed material or cease
disabling access to the material within ten (10) to fourteen
(14) business days following receipt of the Counter
Notification, provided Service Provider's Designated Agent
has not received notice from the Complaining Party that an
action has been filed seeking a court order to restrain
Subscriber from engaging in infringing activity relating to the
material on Service Provider's network or system Termination.
BET.com may, in its sole discretion, terminate your right to use
BET.com at any time, and without notice, for any reason, including
your violation of any of these Terms of Service or any other policy
that BET.com posts. BET.com also reserves the right to modify or
discontinue any services it provides, or any portion thereof,
without notice to you and without liability to you. BET.com may
immediately terminate any account that it believes, in its sole
discretion, is transmitting or is otherwise connected with any spam
or other unsolicited bulk email. In addition, because damages are
often difficult to quantify, if actual damages cannot be reasonably
calculated, you agree to pay BET.com liquidated damages of $5 for
each piece of spam or unsolicited bulk email transmitted from or
otherwise connected with your account. Otherwise, you agree to
pay BET.com's actual damages, to the extent such actual damages
can be reasonably calculated.
International Use.
By choosing to access BET.com from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. Linking to Third-Party Sites. BET.com may provide you with links to third-party Internet sites.
You assume full responsibility when you choose to follow any links on BET.com that lead to third-party sites. BET.com takes no responsibility for the content of or for transactions involving third-party sites to which it links. The inclusion of a link to a site does not necessarily imply endorsement of the site by BET.com or any association with its operators.
Advertising.
Users may from time to time enter into correspondence with or participate in the promotions of advertisers through the Service. All such correspondence, including, without limitation, any resulting contractual agreements, are solely between the advertiser and the user and, as such, BET.com shall not be responsible for upholding any applicable terms, conditions, representations of warranties made by advertiser or user in connection therewith.
Account Maintenance.
You are responsible for maintaining the confidentiality of your account information and passwords. If you become aware of any unauthorized use of your account or account information, you should notify BET.com immediately.
Governing Law.
These Terms of Service shall be governed by and interpreted in accordance with the laws of the District of Columbia and the United States of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located in the District of Columbia.
Enforcement.
Any part of these Terms of Service that is found by a court of
competent jurisdiction to be invalid or unenforceable will be
replaced with language reflecting the original purpose in a valid and
enforceable manner. The enforceable sections of these Terms of
Service will remain binding upon the parties.
IMPORTANT.
YOUR USE OF BET.COM, THE CONTENT ON BET.COM, AND ANY GOODS OR SERVICES YOU ACQUIRE FROM BET.COM ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
BET.COM DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BET.COM WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE
DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BET.COM HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, BET.COM WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE BET.COM OR BET.COM SERVICES, FROM GOODS ACQUIRED
THROUGH BET.COM, OR FROM ANY CONTENT POSTED ON BET.COM BY BET.COM OR ANYONE ELSE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL BET.COM?S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSED OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING BET.COM.
BET.COM MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Indemnification.
You agree to indemnify, defend and hold harmless, BET.com, its affiliates,
and their respective officers, directors, employees, agents, licensors, representatives,
and third party providers to thefrom and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement
by you. BET.com reserves the right to assume, at its sole expense, the exclusive defense
and control of any matter subject to indemnification by you, in which event you will fully cooperate with BET.com in asserting any available defenses.
Entire Agreement.
BET Interactive, LLC operates and controls BET.com from its offices at
2000 M Street, NW, Suite 602, Washington, DC 20036,
United States of America. BET.com is intended exclusively for
residents of the United States including residents of the United States,
its territories and possessions. No software from BET.com may be
downloaded, exported or re-exported in violation of any law including,
without limitation, to countries that are subject to U.S. export restrictions.
This Agreement contains the entire understanding and supersedes all prior
or contemporaneous communications, proposals or understanding of the
parties hereto relating to the subject matter hereof, and cannot be changed
or terminated orally. If any provision of this Agreement is found to be
illegal or unenforceable, the Agreement will be deemed curtailed to the
extent necessary to make it legal and enforceable and will remain, as
modified, in full force and effect.
Effective Date: 02/01/00