The Website content may now or in the future permit the submission of suggestions, ideas, graphics, concepts, photos, videos or other communications or information, or know-how contained in any communications or information submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You agree that, upon submitting, posting or otherwise transmitting to BB, any such User Submissions will become and forever be the property of BB and you further understand that whether or not such User Submissions are published, BB does not guarantee any confidentiality with respect to any User Submissions. You agree that BB may publish your name and/or User Submission on the BB Website, in email campaigns, on social media pages, in print material, press releases or any other mediums, and BB may freely use any User Submissions for any purpose whatsoever, be it commercial or non-commercial, without any acknowledgement, notification or payment of any compensation to you.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize BB to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by BB. BB may use such submissions in any manner in the sole discretion of BB. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to BB, you hereby grant BB a perpetual worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and other BB or successor business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive, royalty-free license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the Website and under these Terms.
In connection with User Submissions, you further agree that you will not: (i) submit copyrighted material, material 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 or have permission from their rightful owner to post the material and to grant BB all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage BB or any third party; (iii) submit material that is unlawful, libelous, obscene, defamatory, scandalous, threatening, pornographic, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any regulation or law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business(es); or (v) impersonate another person. BB will fully cooperate with any law enforcement authorities, agencies or court order requesting or mandating disclosure of the identity of any person posting any such information or materials. BB does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BB expressly disclaims any and all liability in connection with User Submissions. BB reserves the right to remove Website content and User Submissions without prior notice. BB also reserves the right to decide whether Website content or a User Submission is appropriate and complies with these Terms. BB may remove such User Submissions and/or terminate Website access for uploading material in violation of these Terms at any time, without prior notice and at its sole discretion.
The Website and the Website content are provided on a "as is" basis. To the fullest extent permitted by law, BB, its parent, subsidiaries, and affiliates ("BB Entities"), and each of their agents, representatives and service providers, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranty of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The BB Entities, their agents, representatives and service providers cannot and do not guarantee or warrant that: (a) the Website will be reliable, accurate, complete, or updated on a timely basis; (b) any files available for downloading from the Website will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (c) the Website will be free from human and machine errors, failure of performance, omissions, delays, interruptions and losses, including loss of data; or (d) functions or services performed on the Website will be uninterrupted or error-free.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BB DOES NOT GUARANTEE THE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF BB.
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT THE BB ENTITIES SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY DAMAGES, DAMAGES FOR LOSS PROFITS, LOSS OF PRIVACY OR SECURITY OR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE, OR WORMANLIKE EFFORT OR CONDUCT) ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, EVEN IF THERE IS NEGLIGENCE ON THE PART OF BB, OR AN AUTHORIZED BB REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH, AND EVEN IN THE EVENT OF FAULT, TORT OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE BB GOODS AND SERVICES, FROM INABILITY TO USE THE BB GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BB SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
You agree to defend, indemnify and hold harmless, BB, its parent company, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website; (ii) your violation of any of these Terms, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy act; 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 Website. You also agree to indemnify, defend and hold harmless BB and its third party providers, from and against any and all losses, damage, liability and costs of every nature incurred by any claim, damage or loss related to or arising out of your use of the Website or related Websites, any alleged unauthorized use of the Website, or any breach or alleged breach by you of these Terms.
BB reserves the right to refuse service or decline orders for any reason. Accordingly, BB may request written verification and proof of a user's identity by supplying BB with a copy of government issued photo identification at BB's sole discretion.
BB has the right to terminate your access to the Website content for any reason whatsoever, if BB, in its sole discretion, considers your use to be unacceptable or in violation of these Terms. BB may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Website. No failure or delay on the part of BB in exercising any right or remedy hereunder or enforcing the terms and conditions of these Terms will operate as a waiver thereof. If any part or provision of these Terms is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect.
BB may elect to resolve any controversy or claim arising out of or relating to these Terms or the Website by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. In accordance with the Federal Arbitration Act or the state law modifying or supplementing the Federal Arbitration Act any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Orange County, Florida and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
Governing Law and Exclusive Jurisdiction
This Website is controlled by BB from its offices within the United States of America. BB products and services are available in many parts of the world, but services are not available worldwide. Claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Website shall be governed by the laws of the State of Florida, U.S.A without regard to its conflict of law provisions. You hereby consent to jurisdiction in a state or federal court in Orange County, Florida and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Florida or federal law.