Terms of service
These Terms of Service are entered into by and between you and BCKR, LLC or our affiliates and service provider (collectively “BCKR,” “we,” or “us”). The following terms and conditions, together with any documents we expressly incorporate by reference (collectively, “Terms”) govern your access to and use of the services offered by BCKR including, without limitation, bckr.com (the “Website”) and any content, functionality, and services offered on or through the Website (collectively referred to as the “Services”), whether as a guest or a registered user.
Please read the Terms carefully before you start to use the Services. By using the Services you accept and agree to be bound and abide by these Terms. If you do not agree with these Terms you must discontinue using the Services.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. If we make a modification that materially changes your rights, we may notify you by your listed email if we have one. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Services or the entire Services. You are responsible for making all arrangements necessary for you to have access to the Services and ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
Account Creation and Use of the Services
You are not required to make an account to access our Services. However, you can create an account for a personalized experience. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.
Account Security
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal and that you will be responsible for all actions taken by your account, whether by you or third parties, and you agree not to provide any other person with access to the Services or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. When using the Services you agree you will not directly or indirectly:
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards in the User Content section of these Terms;
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
· To impersonate or attempt to impersonate BCKR, a BCKR employee, another user, or any other person or entity (including, without limitation, by using email addresses or names associated with any of the foregoing);
· To infringe the intellectual property rights of BCKR or any third party;
· To engage in any other conduct that restricts or inhibits anyone else’s use or enjoyment of the Services, or which, as determined by us, may harm BCKR or users of the Services, or expose us or them to liability;
· Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
· Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services, or scrape, by any means, information or data from the Services;
· Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms;
· Use any device, software, or routine that interferes with the proper working of the Services;
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
· Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
· Otherwise attempt to interfere with the proper working of the Services.
If we determine that you have engaged in any of these prohibited uses, we may take any action we deem necessary to protect our users’ experience or the Services, including demanding that you cease violating these Terms, or suspending or terminating your account(s) and/or access to the Services.
Enforcement; Termination
· Disclose your identity or other information about you to law enforcement or any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, or violates these Terms:
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and
· Terminate or suspend your access to all or part of the Services for any reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Services. YOU WAIVE AND HOLD HARMLESS BCKR AND OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Intellectual Property Rights
The Services and its entire contents, features, and functionality (including but not limited to all trademarks, logos, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BCKR or its licensors, as applicable, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws, as applicable.
The posting of information or other content on the Services by BCKR does not constitute a waiver of any proprietary right in such information and content, and does not transfer or license any rights in any of the foregoing to a user of the Services or any other third party.
Your Personal Use
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, or delete or alter any copyright, trademark, or other proprietary rights notices from this Services.
User Content
The Services may contain review features, chats, personal profiles, and other interactive features that allow users to message, submit, publish, display, or transmit to BCKR or other users content or materials (collectively, “User Content”) on or through the Services. All of your User Content is subject to and must comply with these Terms.
Any User Content you post to the Services will be considered non-confidential and non-proprietary. By providing any User Content to the Services, you represent and warrant that you own or control all rights in and to the User Content and grant us and our affiliates and service providers, and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, including to post user reviews of BCKR and the Services.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not BCKR, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Services.
You may not submit any User Content that:
· Contains any material that is false, fraudulent, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
· Promotes obscenity, sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
· Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
· Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Statement;
· Does or is likely to deceive any person;
· Promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
· Causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
· Impersonates any person or misrepresents your identity or affiliation with any person or organization;
· Involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
· Gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case; or
· Defames, disparages, libels, or embarrasses any person or organization.
DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides specific recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.If you are a copyright owner or an agent of a copyright owner and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the DMCA by contacting our Copyright Agent at bckr+legal@bckr.com or 3005 S Lamar Blvd, STE D109-453 Austin, Texas 78704. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. You must provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
(c) A description of the material that you claim is infringing and where it is located;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Regarding any content that was removed or disabled, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice to our Copyright Agent. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion. To submit a counter-notice, you must provide the following information in writing (see 17 U.S.C 512(g)(3) for further detail):
(a) Your address, telephone number, and email address;
(b) Your electronic or physical signature;
(c) A description of the copyright-protected work or other intellectual property right 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;
(d) A statement under penalty of perjury that you have 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; and
(e) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address you provided is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original takedown notice or an agent of such person.
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to these Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Information About You and Your Visits to the Services
All information we collect on this Services is subject to our Privacy Statement. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.
No Warranties
THE SERVICES ARE MADE AVAILABLE SOLELY FOR YOUR CONVENIENCE AND GENERAL INFORMATIONAL PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION OR THE SERVICES. ANY RELIANCE YOU PLACE ON SUCH INFORMATION OR THE SERVICES IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE ON SUCH INFORMATION OR THE SERVICES BY YOU OR ANY OTHER VISITOR TO THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. YOUR USE OF THE SERVICES, ITS CONTENTS, AND ANY FEATURES, FUNCTIONALITY OR SERVICES ACCESSED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENTS, AND ANY FEATURES, FUNCTIONALITY OR SERVICES ACCESSED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER BCKR NOR ANY PERSON ASSOCIATED WITH BCKR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER BCKR NOR ANYONE ASSOCIATED WITH BCKR REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENTS, OR ANY FEATURES, FUNCTIONALITY OR SERVICES ACCESSED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, THEIR CONTENTS, OR ANY FEATURES, FUNCTIONALITY OR SERVICES ACCESSED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BCKR OR OUR AFFILIATES, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OWNERS, DIRECTORS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO THEM, OR ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Indemnification
Unless prohibited by law, you (and also any third party for whom you operate an account or activity on the Services) agree to defend (at BCKR’s request), indemnify and hold BCKR, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with your User Content, your access to or use of the Services, or your breach or alleged breach of these Terms. You will cooperate as fully required by BCKR in the defense of any claim. BCKR reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of BCKR.
Governing Law; Venue; Limitation on Actions
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be heard in the state courts located in the city of Austin, Texas and county of Travis. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action arises.
No waiver by BCKR of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BCKR to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
These Terms constitute the sole and entire agreement between you and BCKR regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services; provided, however, that if you have a written agreement with BCKR that states that it supersedes this Terms, then to the extent there is any conflict between the documents, the provisions in your separate agreement govern.
Contact Information
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:
Phone Number: 512-666-9179
Email: bckr+legal@bckr.com
Address: 3005 S Lamar Blvd, STE D109-453, Austin, TX 78704
