Last updated: May 1, 2020.
TERMS & CONDITIONS
Please read the following terms and conditions carefully.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
The Terms set forth the legally binding terms and conditions governing your access to and use of the Services. By using the Services in any manner, you, just as if you had done so in writing, (i) acknowledge that you have read and understood the Terms, (ii) represent and warrant that you are at least thirteen (13) years of age or older, (iii) if applicable, you have the authority to enter into these Terms on behalf of any person or entity for whom you are accessing or using the Services, and (iv) agree to these Terms and all other rules, policies, and procedures that may be published on the Website from time to time, each of which are incorporated into these Terms and each of which may be updated without notice to you. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms by reference. These Terms are binding upon any use of the Services and apply to you from the time that Bardstreet provides you with access to the Services.
We reserve the right to change the Terms at any time. Changes to the Terms will not be applied retroactively. When changes are made, we will post them on the Website and you will see the words “Last Updated” with the date of last update at the top of this page. We encourage you to review these Terms from time to time for any changes. You agree that your use of the Website after such changes will constitute your acceptance of such changes.
1. PROPRIETARY RIGHTS; PERMITTED USE
The Website and all material on the Website, including but not limited to audio, video, photographs, illustrations, excerpts, articles, lyrics, software, etc. (“Content”) is the sole and exclusive property of Bardstreet and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by Bardstreet in writing. You hereby acknowledge and agree that, as between Bardstreet and you, all right, title, and interest in and to the Website and the Content, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, and all other intellectual property rights pertaining thereto, shall be owned exclusively by Bardstreet. Use of the Website or the Content in any way not expressly permitted by the Terms is prohibited and may be actionable under United States or international law.
You agree that you are only authorized to visit, view and to retain a copy of pages of this Website for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Website for any purpose other than to review the information therein, for personal use, or to purchase products or subscriptions for your personal use, unless otherwise specifically authorized in writing by Bardstreet to do so.
2. USER ACCOUNTS
Bardstreet does not pre-screen or approve user profiles, and cannot guarantee that a user profile was actually created and is being operated by the individual or entity that is the subject of the profile. Bardstreet is not responsible for the content of any user profile, or any transactions entered into or other actions taken on or in connection with any such profile, including how the owner of the profile collects, handles, uses and / or shares any personal information it may collect from users. You should be careful before providing any personal information to or entering into any transaction in connection with the site.
Generally. You may be required to pay fees to access certain features of the Services. All fees are non-refundable. If Bardstreet changes the fees for all or part of the Services, including by adding fees or charges, Bardstreet will provide you advance notice of those changes. If you do not accept the changes, Bardstreet may discontinue providing the applicable part of the Services to you. Bardstreet’s authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize Bardstreet to charge all fees for the Services you select to that payment method. If you pay any fees with a credit card, Bardstreet may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize Bardstreet to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Bardstreet may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service by contacting us at: email@example.com or through your settings page for the paid feature.
4. YOUR OBLIGATIONS AND RESPONSIBILITIES
A. General Obligations: You must only use the Services for your own lawful internal purposes, in accordance with these Terms and any additional or amended terms and conditions posted on the Website and/or noticed to you by Bardstreet.
B. Registration: If registration is required to use the Services, you must provide accurate complete information and keep your account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account. You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates.
C. Access Conditions: You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You must ensure that all usernames and passwords required to access the Services are kept secure confidential. You must immediately notify Bardstreet of any unauthorized use of Your passwords or any other breach of security and Bardstreet will reset Your password. You must take all other actions that Bardstreet reasonably deems necessary to maintain or enhance the security of Bardstreet’s computing systems and networks and your access to the Services.
D. Prohibited Uses: As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services. When accessing and using the Services, you shall not (and shall not permit any third party to) either (i) take any action or (ii) upload, download, post, submit, transmit, input, or otherwise distribute or facilitate distribution of any user content and/or information inputted by you or on your behalf into the Website (“User Content”) that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
ii. you know is false, misleading, untruthful or inaccurate;
iii. is offensive, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, User Content, password or other information of Bardstreet’s or of any third party;
vi. may damage Bardstreet’s, or any other person or entity’s, computing devices or software or may in any way which may impair the functionality of the Services, Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services;
vii. constitutes an attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation;
viii. constitutes an attempt to undermine the security or integrity of Bardstreet’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
ix. constitutes an attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services are hosted;
x. impersonates any person or entity, including any of our employees or representatives; or
xi. includes anyone’s identification documents or sensitive financial information.
E. Usage Limitations: Your use of the Services may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls you are permitted to make against Bardstreet’s application programming interface. Any such limitations will be specified within the applicable Services. Bardstreet reserves the right to deny or terminate Services to users who generate excessive calls to third party APIs.
F. Affiliate Program: From time to time, Bardstreet may implement an affiliate program through which entities may help Bardstreet obtain end users in exchange for an affiliate referral fee. The terms of the affiliate program will be specified by Bardstreet at the time of implementation with an affiliate.
G. Communication Conditions: As a condition of these Terms, if you use any communication tools available through the Services (such as any forum, chat room or message center), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services, or material in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the Services, you represent that you are permitted to make such communication. Bardstreet shall have the option to monitor and review the communications in any forum, chat room or message center on the Website. Notwithstanding the foregoing, Bardstreet is under no obligation to ensure that the communications on the Services are legitimate or that they are related only to the use of the Services. As with any other mobile- or web-based forum, you must exercise caution when using the communication tools available on the Services. However, Bardstreet does reserve the right to remove any communication at any time at its sole discretion.
H. Social Media Websites Bardstreet may encourage online interactions on social media platforms. Any content you post, such as pictures, comments, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the Terms & Conditions and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
I. Indemnity: You agree to defend, indemnify, and hold harmless Bardstreet, its parents, subsidiaries and affiliates, and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, including your violation of the Terms, infringement by you or any third party using your account or identity in the Services of any intellectual property or other right of any person or entity, and your breach of any of these Terms or any obligation you may have to Bardstreet. We reserve the right to assume the exclusive defense control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
5. INTELLECTUAL PROPERTY
A. Trademarks: The trademarks, tradenames, logos and service marks (collectively, “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Bardstreet. Trademarks of third parties may also appear on the website. Nothing contained on the Website should be construed as granting any license or right to use any Trademark appearing on the website without the prior written approval of Bardstreet or the third party that may own the applicable Trademark. Unauthorized use of any Trademark appearing on the website is prohibited and may be a violation of federal and state trademark laws.
B. Other Intellectual Property: Except as expressly provided herein, and without limitation of Section 5.A above, Bardstreet alone retains all Intellectual Property Rights relating to the Services. “Intellectual Property Rights” mean any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered. Any suggestions, ideas or pitches, enhancement requests, feedback, recommendations or other information or documentation provided by you relating to the Services (“Feedback”) shall be assigned by you to Bardstreet. Bardstreet will be free to use or disseminate Feedback. You will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under these Terms.
C. Ownership of User Content: You shall retain all Intellectual Property Rights (if any) in your User Content. You hereby grant Bardstreet a license to use, copy, transmit, store, and back-up your information and User Content for the purposes of enabling you to access and use the Services and for any other purpose related to provision of the Services to you. You also hereby grant Bardstreet a license and right to use the User Content anonymously and in the aggregate to improve the Services and provide the Services to other customers.
D. Backup of User Content: You must maintain copies of all User Content inputted into the Services. Bardstreet adheres to industry-standard policies and procedures to prevent User Content loss, but does not make any guarantees that there will be no loss of User Content. Bardstreet expressly excludes liability for any loss of User Content no matter how caused.
E. Submissions by You: Bardstreet does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, through Bardstreet’s mail and email addresses, or in any other way. Any information, creative works, ideas, concepts, methods, systems, designs, plans techniques or other materials submitted or sent to Bardstreet (“Submissions”) will be deemed not to be confidential or secret. By submitting or sending Submissions to Bardstreet, you represent and warrant that the information is original to you, that no other party has any rights to the material, and you grant Bardstreet a fully paid-up and royalty-free, unrestricted, worldwide, perpetual, fully-transferable, non-exclusive license to use, copy, sublicense, modify, adapt, transmit, perform or display such material in any format or media now known or hereafter developed without additional consideration to you or any third party. If you do not wish to grant the rights granted in this section, please do not post any submissions on the website.
6.THIRD PARTY APPLICATIONS & LINKED SITES
A. Third Party Applications and Your User Content: The Services may permit you to link to certain other websites, services or resources (“Third-Party Applications”) on the Internet, and certain Third-Party Applications may contain links to the Services. If you choose to enable Third-Party Applications for use in conjunction with the Services, you do so at your own risk. These Third-Party Applications are not under our control. You acknowledge that Bardstreet may allow the providers of those Third-Party Applications to access your User Content as required for the interoperation of such Third-Party Applications with the Services. You further acknowledge and agree that Bardstreet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Application, or for any disclosure, modification or deletion of your User Content by any Third-Party Applications. Bardstreet is not responsible for the privacy practices of any Third-Party Applications, and urges you to read the privacy policies of any Third-Party Applications before enabling their use in conjunction with the Services.
B. Third Party Content: Content from other users, suppliers, advertisers, and other third parties, including Third-Party Applications, may be made available to you through the Services. Because Bardstreet does not control such content, you agree that Bardstreet is not responsible for any such content. Bardstreet does not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and Bardstreet assumes no responsibility for unintended, offensive, indecent, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. You understand that by using the Services you may be exposed to third-party websites that you find. Bardstreet makes no warranty, representation, endorsement, or guarantee regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third-Party Applications accessible from the Website. Bardstreet provides these links for your convenience only and does not control such websites. Bardstreet’s inclusion of links to such websites does not imply any endorsement of the materials on such Third-Party Applications or any association with their operators. The Services may contain links to websites that are operated by Bardstreet but which operate under different terms.
C. Linked sites. This Site may link to or be linked from other websites that are not maintained by, or related to, Bardstreet. Such linkage does not constitute an endorsement by Bardstreet of those sites. Bardstreet is not responsible for the content of any of those third-party websites.
D. It is your responsibility to review the privacy policies and terms of service of any other website or mobile application that you visit. You agree that in no event will Bardstreet be liable to you in connection with any websites, content, materials, or practices of any third party.
A. We may make certain services or products available to users of the Website. If you choose to buy any of our services or products, you may be asked to supply certain information including credit card number or other payment information and billing address. You agree that all information you provide will be true, accurate and complete. By commencing a purchase, you warrant and represent that you are eighteen (18) years of age or older. You agree that Bardstreet is authorized to act on payment instructions received from anyone using your account and password. You will also be responsible for paying any applicable taxes relating to your purchase(s). Debit and credit card transactions may be facilitated by a third-party processor, and you agree that Bardstreet may share your information, including information about your debit or credit card account, with such third-party processor for this purpose.
B. The price for an item on the Website may differ from the price shown in your shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Website. If the price for the item on the Website is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Bardstreet, Bardstreet may either (a) contact you for instructions before shipping the item or charging you for such item; (b) cancel the order for such item and notify you of such cancellation; or (c) ship the item at the incorrect price to your benefit.
Bardstreet attempts to be as accurate as possible. However, Bardstreet does not warrant that product descriptions on the Website are accurate, complete, reliable, current, or error-free. If a product offered for sale by Bardstreet is not as described, your sole remedy is to return it in unused condition.
C. Refund Policy
i. Virtual products & digital downloads. We stand behind our products and your satisfaction with them is important to us. However, because our products are digital and virtual goods delivered via Internet we generally offer no refunds. Refund requests are handled on a case by case basis and are issued at our sole discretion. Refund requests, if any, must be made within thirty (30) days of your original purchase.
Downloads from our servers are closely monitored to ensure you are able to successfully access our products. Our store is set up to allow up to three download attempts for a thirty-day period beginning from the date of purchase. Requests to extend the download limit or duration period are handled on a case by case basis and are issued at our sole discretion.
ii. Camps, Courses, Tickets, Licenses, and other Bardstreet products and services. Please see the individual refund policies associated with those products and services.
8. WARRANTIES AND ACKNOWLEDGEMENTS
A. Authority: You warrant that where you have registered to use the Services on behalf of another person or entity, you have the authority to agree to these Terms on behalf of that person or entity and to bind that person or entity to perform any and all obligations that you become subject to by virtue of these Terms, without limiting your own personal obligations under these Terms.
B. Acknowledgement: You acknowledge that you are also authorized to access the processed information and User Content that is made available to you through your use of the Website and the Services (whether that information and User Content is your own or that of anyone else).
C. Bardstreet has no responsibility to any person other than you and nothing in this Agreement confers, or purports to confer, a benefit on any person other than you. If you use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you acknowledge and agree that:
i. You are responsible for (i) ensuring that you have the right to do so; and (ii) authorizing any person or entity who is given access to User Content;
ii. You agree that Bardstreet has no obligation to provide any person or entity access to such information or User Content without your authorization and may refer any requests for information to you to address; and
iii. You will indemnify Bardstreet against any claims or loss relating to:
–Bardstreet’s refusal to provide any person access to your information or User Content in accordance with these Terms,
–Bardstreet’s making available information or User Content to any person with your authorization.
iv. Bardstreet does not warrant that use of the Services will be uninterrupted or error-free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Bardstreet is not in any way responsible for any such interference or prevention of your access or use of the Services.
v. It is your sole responsibility to determine that the Services meet your needs and are suitable for the purposes for which they are used.
vi. You remain solely responsible for complying with all applicable laws. It is your responsibility to check that storage of and access to your User Content via the Services and the Website will comply with laws applicable to you.
vii. You are solely responsible for determining how to participate in any Bardstreet activities and services in a safe, responsible, appropriate and lawful manner. You are solely responsible for any liability or consequence that may arise as a result your engagement with, participation in the services, including without limitation any liability or consequence arising as a result of any trespass on the property of another, bodily injury or death caused to you or another, property damage experienced by you or another or any other harm of any kind caused to you or another. The services are not intended to be a substitute for your own reasoned decision making. You must not rely on the services in isolation from your own judgment.
The Website is operated by Bardstreet from its offices in the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any offer for any product or service made on the Website is void where prohibited.
10. COPYRIGHT INFRINGEMENT TAKE-DOWN REQUEST PROCEDURE, UNDER THE DIGITIAL MILLENNIUM COPYRIGHT ACT (DCMA).
We respect the intellectual property right laws as we expect all visitors or customers of our website to respect our rights under the applicable law. A copyright owner can, under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), submit a notice to us. To submit such a copyright infringement notification with us, you will need to send us a written communication. We request the initial contact be emailed to us at firstname.lastname@example.org. If you would like to mail us a hard copy, please ask for our mailing address in the email. We expect that the following information is included in your notice: 1) a clear identification of the infringed material that is protected, and information reasonably sufficient to permit Bardstreet to locate the material; 2) if possible, we expect you to provide the URLs in the body of your notification email; 3) contact information of the complaining party, such as an address, telephone number, and email address at which Bardstreet may establish contact with such individual, or the individual’s agents; and 4) a signed letter authorizing an agent to act on behalf of the owner of the allegedly infringed right.
Bardstreet will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Bardstreet will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Bardstreet or others. In the case of such termination, Bardstreet will have no obligation to provide a refund of any amounts previously paid to Bardstreet.
11. DISCLAIMERS AND LIMITATION OF LIABILITY
The website, all services and content on the website, and any services or goods made available through the website are provided to you on an “as is”, “with all faults” and “as available” basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Bardstreet makes no warranty as to the quality, accuracy, completeness or reliability of the website, its security or any services or content available through the website. You are responsible for verifying any information before relying on it. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Bardstreet makes no representations or warranties that use of the website will be secure, uninterrupted or error-free or that defects will be corrected. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the website is free of viruses or other harmful code. Your sole and exclusive remedy for dissatisfaction with the website is to stop using the website.
To the maximum extent permitted by law, Bardstreet disclaims all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or in any way connected with access to or use of or the inability to use the website, the content, or the services or goods made available through the website, even if Bardstreet has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event shall Bardstreet’s aggregate liability arising out of or in connection with the terms and conditions, your use of the website, or the services or goods made available through the website, exceed the amount, if any, paid by you to Bardstreet during the six (6) months prior to the date the applicable cause of action arose. Any reference to Bardstreet in this section also includes its directors, employees, agents, partners, suppliers or content providers.
A. No-Fault Termination: These Terms will be in effect and continue for any period you are using the Services. Bardstreet reserves the right for any or no reason to immediately:
i. Terminate your use of the Services and the Website;
ii. Suspend for any definite or indefinite period of time, your use of the Services and the Website;
iii. Suspend or terminate your access to all or any User Content;
iv. Take any of the actions above with respect to any or all other persons whom you have authorized to have access to your information or User Content.
B. For the avoidance of doubt, Bardstreet may suspend or terminate your use of the Services, the authority for all or any use of the Services, or your rights of access to all or any User Content.
i. Accrued Rights: Termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement you will:
–remain obligated to refrain from any actions prohibited by the Terms that survive termination; and
–immediately cease to use the Services and the Website.
13. TECHNICAL PROBLEMS
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Bardstreet. If you still need technical help, please email us at email@example.com.
Service availability: It is possible that on occasions the Services may be unavailable to permit maintenance or other development activity to take place.
14. DISPUTE RESOLUTION
You hereby consent to arbitration if any dispute is to arise, except for the enforcement of Bardstreet’s or its affiliates’ intellectual property. These Terms shall be governed by, and will be construed under, the laws of the State of Indiana without regard to choice of law principles. In the event of a dispute, you or Bardstreet must send to the other party a notice of dispute in writing, setting forth the name, address and contact information of the party giving notice, the facts of the dispute and the relief requested. You may initiate a dispute by emailing a notice to firstname.lastname@example.org. We will send a notice to you at the contact information we have for you. You and Bardstreet agree to try to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days. If you and Bardstreet are unable to resolve the dispute in such 60 days, then you or Bardstreet may commence arbitration. You and Bardstreet agree that a dispute will be heard before a single neutral arbitrator, whose decision will be final, except for a limited right of appeal under the U.S. Federal Arbitration Act. You are giving up the right to litigate a dispute in a court of law before a judge or jury. In addition, you and Bardstreet agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sales of Goods shall have no applicability.
To the fullest extent permitted by law, you agree that no arbitration or claim arising out of the terms or your use of the website shall be joined to any other arbitration or claim and no class arbitration shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Website be instituted more than one (1) year after the cause of action arose.
If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the federal and state courts located in Tippecanoe County, Indiana for the purposes of litigating any applicable claim.
Unless otherwise specified herein, all notices required to be given hereunder must be in writing and shall be given initially via email to:
Attn: Legal & Business Affairs
Notices via email shall be deemed to have been received on the third business day after emailing. After the initial notice sent via email, Bardstreet LLC may provide a physical mailing address for all further notices, in which case, all notices required to be given hereunder must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, to that address provided.
Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express or other nationally recognized courtier service which regularly tracks it packages, on the second business day after deposit with the service.
Bardstreet reserves the right, in its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms periodically for changes. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms in effect at the time of such use.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Bardstreet’s failure to act with respect to any failure by you or others to comply with the Terms does not waive Bardstreet’s right to act with respect to subsequent or similar failures. The Terms set forth the entire understanding and agreement between you and Bardstreet with respect to the use of the Website. You may not assign or transfer your rights or obligations hereunder without the prior written consent of Bardstreet, and any assignment or transfer in violation of this provision shall be null and void.
Personal Information Collection and Use: While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name (“Personal Information”). The legal basis for processing your personal data is your consent. You can always refuse to supply personally identifiable information and visit our site anonymously. However, it may prevent you from engaging in certain Site-related activities.
Log Data. Similar to many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, and other statistics. In addition, we may use third party services like Google Analytics to collect, monitor and analyze this data. When you post/share information from the site to social media platforms, the social media site may provide us with some information about you.
Communications: We may use your Personal Information and other information which is voluntarily provided during the use of this Site to contact you with marketing or promotional materials. This includes information provided when subscribing, pitching a story, registering for classes/events/camps, and/or when purchasing other services or products from Bardstreet.
Cookies: Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. Like many sites, we may use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
Security: Your personal data may be stored by third parties, via cloud services or other technology, whom Bardstreet has contracted to support Bardstreet’s business operations. The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to protect your Personal Information, we cannot guarantee its absolute security.
Your Choices & Rights: Where you have given us your consent, you can withdraw it by doing the following.
i. To stop receiving our marketing, contact us directly or follow the unsubscribe instructions in any of the communications we send.
iii. To opt out of the use of tracking tools on third-party social media sites related to Bardstreet, please change the security settings on your account.