TERMS OF SERVICE
Unless otherwise expressly indicated, (A) capitalized terms used in these Terms of Service (these "Terms") shall have the meanings given them in Section 1 of, or elsewhere in, these Terms, and (B) all references to Sections or subsection in these Terms are to those in these Terms.
These Terms are an agreement between You and the Company that govern Our relationship with You and all other Users. By using or accessing the Portal, You agree to these Terms, as they may be amended or updated from time to time in accordance with Section 8.
1. DEFINITIONS. The following capitalized terms have the meanings given them below.
a. "Portal" means (i) all features, applications and services available through Our website at https://www.burewa.la or https://burewa.la or through any other Portal branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions), (ii) the Platform; (iii) social plugins such as the “Like” button, the “Share” button and other similar offerings, and Portal Services and all other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed and offered on, used by, or available through the Portal. We reserve the right to designate, in Our sole discretion, that Your Use of certain brands, products, applications or services may be governed by separate terms of service and not these Terms, in which case such separate terms shall govern with respect only to such brand, product, application or service, but these Terms shall continue to govern with respect to all other Use of the Portal.
b. “Portal Services” means any services We make available to You, or that otherwise run, in, on, through or at the Portal.
c. "Platform" means the set of interfaces and services that enable You and other Users to Post.
d. "Personally Identifiable Information" means Content which can be used by others to personally identify You, but excluding any such Content to the extent You Post it.
e. "Content" means any data, information, content, writing, words, materials or other things, in whatever form or format, that You or any Users Post.
f. "Post" means to retrieve, download, upload, post, provide, share, make available or communicate in, on, through, at or using the Portal or any Portal Services.
g. "Use" means to use, run, copy, perform, display, publish, distribute, disseminate, access, modify, translate, or create derivative works from.
h. “User” means anyone (including corporate entities, associations and the like) who Uses or visits the Portal or Uses Portal Services, including application developers and website operators and including anyone You permit to Use Your account.
i. "Application" means any application or website that Uses or accesses the Platform or the Portal to provide a product or service.
j. “IP” means all rights and licenses in the software underlying the Portal, any Portal Services or any Application, and the logos, copyrights, trademarks, design, look, feel and other intellectual property in the Platform and the Portal (including socialengine.com and add-on applications/widgets/themes/plugins, etc.).
k. “Our,” “We,” “Us,” or “Company” all refer to a Company to be formed to operate this Portal, but for now, the current operator of the Portal, who You may contact at admin@burewa.la].
l. “Policy” means the Privacy Policy of the Company posted on the Portal, which may be amended from time to time in the Company’s sole discretion by, and as of the time of, Posting the amended Policy on the Portal.
m. “You,” “Your” and other forms of the pronoun all indicate you.
2. PRIVACY. Your privacy is very important to us. Please see Our Policy.
3. SHARING YOUR CONTENT.
a. To the extent of Your rights in the Content, You retain the rights to all of the Content You Post, and You can control how it is shared to the extent permitted by and through Your privacy settings within the Portal.
b. When You use an Application within the Portal, the Application may ask for Your permission to access Your Content as well as Content other Users have shared with You. We require Applications to respect Your privacy, but Your agreement with that Application will control how the Application can use, store, and transfer that Content.
c. When You Post Content using the Public setting (if enabled), it means that You are allowing everyone, including persons outside of the Portal, to access and Use that Content and to associate it with You, and any such Content so Posted shall be deemed to be non-Personally Identifiable Information.
d. We are not responsible for conducting a full and complete deletion of Content by overwriting it or employing other means when You delete any of Your Content from the portal. As a result, such deleted Content may still reside on Our servers or memory despite its no longer being available on the Portal. You must delete Your Content from the Portal for it to no longer Post the Content. If You no longer access the Platform and the Portal but have not deleted Your Content from the Applications, the Applications may still have access to such Content. We are not responsible for ensuring any deletion by any Application.
4. SAFETY. We do Our best to keep the Portal safe and peaceful, but We cannot guarantee it or even always police it. To help to keep the Portal safe, You commit to the following:
a. You will not Post commercial communications unless We authorize You to do so.
b. You will not collect Users' Content or otherwise access the Portal using automated means (such as harvesting bots, robots, spiders, or scrapers) without Our prior written permission.
c. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, Using the Portal.
d. You will not Post viruses or other malicious code.
e. You will not solicit login information or access an account belonging to someone else.
f. You will not bully, intimidate, or harass any User.
g. You will not Post Content that is hate speech, threatening, or pornographic, that incites violence, or that contains nudity or graphic or gratuitous violence.
h. You will not develop or operate a third-party Application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions (which may be determined by Us in Our sole discretion).
i. You will not Use the Portal to do anything unlawful, malicious, or discriminatory.
j. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Portal, including any denial of service attack or interference with page rendering or other Portal functionality.
k. You will not facilitate or encourage any violations of these Terms.
5. REGISTRATION AND ACCOUNT SECURITY.
Users provide their real names and information, and We want to keep it that way. In that regard, You commit to the following:
a. You will not provide any false personal information on the Portal or create an account for anyone other than Yourself without permission.
b. You will not create more than one personal account.
c. If We disable Your account, You will not create another one without Our permission.
d. You will not Use the Portal for Your own commercial gain.
e. You will not Use the Portal if You are under 16.
f. You will not Use the Portal if You are a convicted sex offender.
g. You will keep Your contact information accurate and up-to-date.
h. You will not share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account.
i. You will not transfer Your account (including any pages or Applications You administer) to anyone without first getting Our written permission.
j. If You select a username or similar identifier for Your account or page, We reserve the right to remove or reclaim it if We believe in Our sole judgment there is reason to do so.
6. PROTECTING OTHER PEOPLE'S RIGHTS
We respect other people's rights and want You to do the same. In that regard, You agree to the following:
a. You will not Post any Content or take any action on the Portal that infringes or violates someone else's rights or otherwise violates the law.
b. We reserve the right to remove any Content that We believe in Our sole judgment violates these Terms or other of Our policies.
c. We reserve the right to disable Your account for any or no reason.
d. You will not use Our IP except as may be expressly permitted by any Brand Usage Guidelines We might Post.
e. If You collect information from Users, You will first obtain their consent, explain to them that You (and not the Portal) are the one collecting their information, and Post a privacy policy explaining what information You collect and how You will Use it.
f. You will not Post anyone's identification documents or sensitive financial information on the Portal.
g. You will not tag Users or send email invitations to non-Users without their Consent.
7. MOBILE AND OTHER DEVICES.
a. We will provide Our mobile services when they are available for free (unless We amend these Terms to state otherwise), but please be aware that Your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
b. In the event You change or deactivate Your mobile telephone number, You will update Your account information on the Portal within 48 hours to ensure that Your messages are not sent to Your old number.
c. You hereby consent and grant all rights necessary to enable Users to sync (including through an Application) their devices with any information that is visible to them on Portal.
8. AMENDMENT.
a. We may amend these Terms in Our sole discretion at any time by Posting a new version of these Terms whether or not We provide notice of the amendment. You are responsible for checking for any changes to these Terms or the Policy.
b. Your continued Use of the Portal, following changes to these Terms or the Policy, constitutes Your acceptance of the Terms and the Policy as they may be amended.
9. TERMINATION.
We can ban all of Your Use of the Portal for any or no reason, and You will have no recourse against Us for doing so. You may also delete Your account or disable Your Applications at any time.
10. ARBITRATION.
a. These Terms, the Policy and all Use of the Portal will be governed by the laws of the Commonwealth of Virginia (“Virginia”) applicable to contracts to be entered into and performed there, as well as the U.S. Federal Arbitration Act.
b. YOU AND THE COMPANY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE PORTAL, THESE TERMS, OR THE POLICY, OR THEIR BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY (COLLECTIVELY, SUCH DISPUTES, CLAIMS, ETC., “DISPUTES,” WHICH INCLUDES, WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURY, PRODUCT LIABILITY, OR OTHER TORT) WILL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION 10, EXCEPT THAT THE COMPANY RETAINS THE RIGHT TO GO TO COURT TO SEEK ANY TYPE OF RELIEF CONCERNING THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ITS OR OTHERS COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS (ANY SUCH ACTIONS REGARDING INFRINGEMENT, ETC., AN “IP PROTECTION ACTION”) BY YOU. YOU AGREE THAT THE EXCLUSIVE JURISDICTION AND VENUE OF ANY IP PROTECTION ACTION WILL BE THE STATE COURTS LOCATED IN FAIRFAX COUNTY, VIRGINIA OR THE FEDERAL COURT IN THE EASTERN DISTRICT OF VIRGINIA (AND SUCH COURTS SHALL HAVE THE RIGHT TO DETERMINE WHETHER AN ACTION IS AN IP PROTECTION ACTION), AND YOU AND THE COMPANY EACH HEREBY IRREVOCABLY SUBMIT TO SUCH JURISDICTION, AND WAIVE ANY OBJECTION TO JURISDICTION AND VENUE IN SUCH COURTS AS WELL AS ANY RIGHT TO ANY TRIAL BY JURY THEREIN. IN ANY IP PROTECTION ACTION, THE COURT SHALL AWARD REASONABLE ATTORNEYS’ FEES AND COSTS TO THE PARTY THE COURT DEEMS TO HAVE PREVAILED TO THE EXTENT DEEMED BY THE COURT TO HAVE PREVAILED. YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY IN ANY IP PROTECTION ACTION.
c. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU ARE IRREVOCABLY WAIVING ALL RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND THE COMPANY OTHERWISE AGREE IN WRITING, IN ANY ARBITRATION, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THE ARBITRATION PROVIDED FOR IN THIS SECTION 10 IS HELD UNENFORCEABLE IN ANY PARTICULAR DISPUTE, THEN THE ENTIRETY OF THIS SECTION 10 WILL BE DEEMED VOID WITH RESPECT TO SUCH DISPUTE, EXCEPT THAT IN SUCH A CASE, EACH OF THE COMPANY AND YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO CLAIM INCONVENIENT FORUM, AND IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE COURTS LOCATED IN FARIFAX COUNTY, VIRGINIA OR THE FEDERAL COURT FOR THE EASTERN DISTRICT OF VIRGINIA. EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, IN ANY SUCH PROCEEDING THE COURT SHALL AWARD REASONABLE ATTORNEYS’ FEES AND COSTS TO THE PARTY THE COURT DEEMS TO HAVE PREVAILED TO THE EXTENT DEEMED BY THE COURT TO HAVE PREVAILED. THIS SECTION 10 WILL SURVIVE ANY TERMINATION OF YOUR USE OF THE PORTAL.
d. THE ARBITRATION WILL BE ADMINISTERED BY NAM (NATIONAL ARBITRATION AND MEDIATION) (“NAM”) IN ACCORDANCE WITH NAM’S COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES (THE “RULES”) AND THE FEE SCHEDULE IN EFFECT AT THE TIME THE CLAIM IS FILED WITH NAM. NAM CAN BE CONTACTED AT 800-358-2550. ATT: COMMERCIAL CLAIMS DEPT., TO RESPOND TO ANY QUESTIONS REGARDING THE ARBITRATION PROCESS, AS WELL AS TO REQUEST A COPY OF NAM’S CURRENT COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND FEE SCHEDULE (OR ALSO VISIT www.namadr.com). THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION 10.
e. The arbitrator will be selected by the parties from NAM’s roster of arbitrators. If the parties do not agree upon an arbitrator within seven (7) days of delivery of the demand for arbitration, then NAM will appoint the arbitrator in accordance with the Rules. The arbitrator will be selected from the Fairfax, County, Virginia area or as close thereto as possible.
f. Unless You and the Company otherwise agree in writing, the arbitration will be conducted in Fairfax County, Virginia, or, if possible, via teleconference, to the extent that any hearing is required. The arbitration will be an Arbitration based on Written Submission, conducted solely on the basis of the documents that You and the Company submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. The arbitrator will allow for the free exchange of non-privileged information relevant to the dispute.
g. The arbitrator’s award of damages must be consistent with these Terms as to the types and amounts of damages for which a Party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
h. The Portal is not intended for Use by non-United States residents. If You are a non-US resident, You are not permitted to Use the Portal. However, if despite this prohibition You still Use the Portal and the foregoing provisions are unenforceable against You, then You agree that the Portal is being provided by the Company in the US and not in any other jurisdiction (despite the location of any servers employed by the Company).
11. NO WARRANTY AND LIMITATION OF LIABILITY.
a. YOU USE THE PORTAL AT YOUR OWN RISK. WE PROVIDE THE PORTAL AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE IN ANY WAY THAT THE PORTAL WILL BE SAFE, SECURE OR ERROR-FREE OR THAT THE PORTAL WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF YOU OR OTHER USERS. YOU HEREBY RELEASE US AND OUR EMPLOYEES, OFFICERS, MANAGERS, AND AGENTS (WE AND SUCH EMPLOYEES, ETC., ARE “COMPANY PERSONS”) FROM ANY ALL CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY THIRD-PARTY CONTENT OR USE OF THE PORTAL OR WITH YOUR CONTENT OR ANY USE BY YOU OF THE PORTAL. YOU AGREE THAT YOU WILL CARRY AND MAINTAIN INSURANCE TO COVER ANY LOSS OR DAMAGES YOU MIGHT INCUR AS A RESULT OF YOUR USE OF THE PORTAL, INCLUDING BODILY INJURY, PROPERTY DAMAGE, OR OTHER TORTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
b. YOU UNDERSTAND AND ACKNOWLEDGE THAT USE OF THE PORTAL ENTAILS CERTAIN RISKS AND DANGERS, ESPECIALLY INFORMATIONAL AND SOCIAL RISKS. YOU ASSUME ALL RISKS CONNECTED WITH YOUR AND OTHER USERS’ USE OF THE PORTAL AND WILL INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL CLAIMS THAT MIGHT ARISE WITH RESPECT TO SUCH RISKS. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO COMPANY PERSON SHALL BE LIABLE TO YOU OR ANY USER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS OR GOODWILL, LOSS OF REVENUE OR LOSS OF PROFITS, WHETHER OR NOT THE COMPANY PERSON MAY HAVE BEEN ADVISED OF THE CIRCUMSTANCES THAT MIGHT GIVE RISE TO ANY SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR SUCH DAMAGES, IN SUCH STATES OR JURISDICTIONS, EACH COMPANY PERSON’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW. FINALLY, TO THE EXTENT THE COMPANY INCURS COSTS IN ENFORCING THESE TERMS, INCLUDING, WITHOUT IMITATION, ATTORNEY’S FEES AND COSTS ASSOCIATED THEREWITH, YOU SHALL BE LIABLE TO REIMBURSE THE COMPANY ALL OF SUCH COSTS, WHETHER OR NOT A SUIT OR PROCEEDING WAS INITIATED BY THE COMPANY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE PORTAL FOR ANY REASON OR UNDER ANY THEORY, INCLUDING, WITHOUT LIMITATION, TORT OR PRODUCT LIABILITY OR BREACH OF THESE TERMS OR THE POLICY, SHALL NOT EXCEED, IN THE AGGREGATE, $10.00 (TEN US DOLLARS) (OR SUCH GREATER AMOUNT THAT WOULD BE THE LEAST AMOUNT PERMITTED AS A LIMITATION OF DAMAGES UNDER APPLICABLE LAW); AND YOU AGREE TO OBTAIN INSURANCE TO COVER YOUR OWN RISKS OF SUFFERING ANY DAMAGES, INCLUDING THOSE RELATED TO BODILY INJURY AND PROPERTY DAMAGE AND THOSE ARISING OUT OF THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY COMPANY PERSON.
12. MISCELLANEOUS.
The following provisions apply to these Terms and the Policy and Your Use of the Portal.
a. These Terms and the Policy make up the entire agreement between the You and the Company regarding the Portal and supersede any prior agreements.
b. If any portion of these Terms or the Policy is found to be unenforceable, such portion will be automatically replaced with the portion that best reflects the economic intent of the portion being replaced, and all other portions will remain in full force and effect.
c. If We fail to enforce any of these Terms or the Policy, it will not be considered a waiver of the right to so enforce them.
d. Any amendment to or waiver of any of these Terms or the Policy must be made in writing and Posted by Us.
e. You will not transfer or assign any of Your rights or obligations under these Terms or the Policy to anyone else without Our consent.
f. All of Our rights and obligations under these Terms and the Policy are freely assignable by us.
g. Nothing in these Terms shall prevent Us from complying with the law.
h. Neither these Terms nor the Policy confers any beneficiary rights on any third party.
i. We reserve all rights not expressly granted to You.
j. You will comply with all applicable laws when Using the Portal.
k. To the extent permitted by applicable law, You agree that the Portal and the Portal Services are provided by the Company in and from the jurisdiction of the Commonwealth of Virginia, notwithstanding that some of the code, applications, and/or services may be provided from servers located outside of such jurisdiction.
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