These Terms of Service (“Terms”)
govern your access to and use of the BIPOCXChange (BXC) services, including our
website, SMS, APIs, email notifications,
applications, buttons, widgets, ads, commerce services, and our other covered
services that link to these Terms (collectively, the “Services”), and any
information, text, links, graphics, photos, videos, or other materials or arrangements
of materials uploaded, downloaded or appearing on the Services (collectively
referred to as “Content”). By using the Services you agree to be bound by these
Terms.
1 - Who May Use the Services
You may use the Services only if you
agree to form a binding contract with BXC and are not a person barred from
receiving services under the laws of the applicable jurisdiction. If you are
accepting these Terms and using the Services on behalf of a company,
organization, government, or other legal entity, you represent and warrant that
you are authorized to do so.
2 - Privacy
Our Privacy Policy describes how we
handle the information you provide to us when you use our Services. You
understand that through your use of the Services you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including the
transfer of this information to the United States and/or other countries for
storage, processing and use by BXC and its affiliates.
3 - Content of the Services
You are responsible for your use of
the Services and for any Content you provide, including compliance with
applicable laws, rules, and regulations. You should only provide Content that
you are comfortable sharing with others.
Any use or reliance on any Content or
materials posted via the Services or obtained by you through the Services is at
your own risk. We do not endorse, support, represent or guarantee the
completeness, truthfulness, accuracy, or reliability of any Content or
communications posted via the Services or endorse any opinions expressed via
the Services. You understand that by using the Services, you may be exposed to
Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, contributions that have been mislabeled or are
otherwise deceptive. All Content is the sole responsibility of the person who
originated such Content. We may not monitor or control the Content posted via
the Services and, we cannot take responsibility for such Content.
We reserve the right to remove Content
that violates the User Agreement, including for example, copyright or trademark
violations, impersonation, unlawful conduct, or harassment.
If you believe that your Content has
been copied in a way that constitutes copyright infringement, please report
this by contacting our designated copyright agent at:
BIPOC Media Group, Attn: Copyright
Agent
1629 K Street, NW, Ste 300
Washington, DC 20006
Your Rights
You retain your rights to any Content
you submit, post or display on or through the Services. What’s yours is yours —
you own your Content (and your photos and videos are part of the Content).
By submitting, posting or displaying
Content on or through the Services, you grant us a worldwide, non-exclusive,
royalty-free license (with the right to sublicense) to use, copy, reproduce,
process, adapt, modify, publish, transmit, display and distribute such Content
in any and all media or distribution methods (now known or later developed).
This license authorizes us to make your Content available to the rest of the
world and to let others do the same. You agree that this license includes the
right for the BXC to provide, promote, and improve the Services and to make
Content submitted to or through the Services available to other companies,
organizations or individuals for the syndication, broadcast, distribution,
promotion or publication of such Content on other media and services, subject
to our terms and conditions for such Content use. Such additional uses by the BXC,
or other companies, organizations or individuals, may be made with no
compensation paid to you with respect to the Content that you submit, post,
transmit or otherwise make available through the Services. This provision does
not extend to pictures and videos submitted to Image Geyser for licensing on
the BXC platform.
The BXC has an evolving set of rules
for how ecosystem partners can interact with your Content on the Services.
These rules exist to enable an open ecosystem with your rights in mind. You
understand that we may modify or adapt your Content as it is distributed,
syndicated, published, or broadcast by us and our partners and/or make changes
to your Content in order to adapt the Content to different media. You represent
and warrant that you have all the rights, power and authority necessary to
grant the rights granted herein to any Content that you submit.
4 - Using the Service
Please review the BXC Rules, which are
part of the User Agreement and outline what is prohibited on the Services. You
may use the Services only in compliance with these Terms and all applicable
laws, rules and regulations.
Our Services evolve constantly. As
such, the Services may change from time to time, at our discretion. We may stop
(permanently or temporarily) providing the Services or any features within the
Services to you or to users generally. We also retain the right to create
limits on use and storage at our sole discretion at any time. We may also
remove or refuse to distribute any Content on the Services, suspend or
terminate users, and reclaim usernames without liability to you.
In consideration for the BXC granting
you access to and use of the Services, you agree that the BXC and its
third-party providers and partners may place advertising on the Services or in
connection with the display of Content or information from the Services whether
submitted by you or others. You also agree not to misuse our Services, for example,
by interfering with them or accessing them using a method other than the
interface and the instructions that we provide. You may not do any of the
following while accessing or using the Services: (i) access, tamper with, or
use non-public areas of the Services, the BXC’s computer systems, or the
technical delivery systems of the BXC’s providers; (ii) probe, scan, or test
the vulnerability of any system or network or breach or circumvent any security
or authentication measures; (iii) access or search or attempt to access or
search the Services by any means (automated or otherwise) other than through
our currently available, published interfaces that are provided by the BXC (and
only pursuant to the applicable terms and conditions), unless you have been
specifically allowed to do so in a separate agreement with the BXC, however
scraping the Services without the prior consent of the BXC is expressly
prohibited; (iv) forge any TCP/IP packet header or any part of the header
information in any email or posting, or in any way use the Services to send
altered, deceptive or false source-identifying information; or (v) interfere
with, or disrupt, (or attempt to do so), the access of any user, host or
network, including, without limitation, sending a virus, overloading, flooding,
spamming, mail-bombing the Services, or by scripting the creation of Content in
such a manner as to interfere with or create an undue burden on the Services.
We also reserve the right to access, read, preserve, and disclose any information
as we reasonably believe is necessary to (i) satisfy any applicable law,
regulation, legal process or governmental request, (ii) enforce the Terms,
including investigation of potential violations hereof, (iii) detect, prevent,
or otherwise address fraud, security or technical issues, (iv) respond to user
support requests, or (v) protect the rights, property or safety of the BXC, its
users and the public. The BXC does not disclose personally-identifying
information to third parties except in accordance with our Privacy Policy.
If you use advertising features of the
Services, you must agree to our Advertising on BXC Services Agreement.
Your Account
You may need to create an account to
use some of our Services. You are responsible for safeguarding your account, so
use a strong password and limit its use to this account. We cannot and will not
be liable for any loss or damage arising from your failure to comply with the
above.
You can control most communications
from the Services. We may need to provide you with certain communications, such
as service announcements and administrative messages. These communications are
considered part of the Services and your account, and you may not be able to
opt-out from receiving them. If you added your phone number to your account and
you later change or deactivate that phone number, you must update your account
information to help prevent us from communicating with anyone who acquires your
old number.
Your License to Use the Services
BXC gives you a personal, worldwide,
royalty-free, non-assignable and non-exclusive license to use the software
provided to you as part of the Services. This license has the sole purpose of
enabling you to use and enjoy the benefit of the Services as provided by BXC in
the manner permitted by these Terms.
The Services are protected by
copyright, trademark, and other laws of both the United States and foreign
countries. Nothing in the Terms gives you a right to use the BXC name or any of
the BXC trademarks, logos, domain names, and other distinctive brand features.
All right, title, and interest in and to the Services (excluding Content
provided by users) are and will remain the exclusive property of BXC and its
licensors. Any feedback, comments, or suggestions you may provide regarding BXC,
or the Services is entirely voluntary and we will be free to use such feedback,
comments or suggestions as we see fit and without any obligation to you.
Ending These Terms
You may end your legal agreement with BXC
at any time by deactivating your accounts and discontinuing your use of the
Services.
We may suspend or terminate your
account or cease providing you with all or part of the Services at any time for
any or no reason, including, but not limited to, if we reasonably believe: (i)
you have violated these Terms or the BXC Rules, (ii) you create risk or
possible legal exposure for us; (iii) your account should be removed due to
unlawful conduct, (iv) your account should be removed due to prolonged
inactivity; or (v) our provision of the Services to you is no longer
commercially viable. We will make reasonable efforts to notify you by the email
address associated with your account or the next time you attempt to access
your account, depending on the circumstances. In all such cases, the Terms
shall terminate, including, without limitation, your license to use the
Services, except that the following sections shall continue to apply: II, III,
V, and VI.
5 - Using the Service
By using the Services you agree that BXC,
its parents, affiliates, related companies, officers, directors, employees,
agents representatives, partners and licensors, liability is limited to the
maximum extent permissible in your country of residence.
6 - General
We may revise these Terms from time to
time. The changes will not be retroactive, and the most current version of the
Terms will govern our relationship with you. Other than for changes addressing
new functions or made for legal reasons, we will notify you 30 days in advance
of making effective changes to these Terms that impact the rights or
obligations of any party to these Terms, for example via a service notification
or an email to the email associated with your account. By continuing to access
or use the Services after those revisions become effective, you agree to be bound
by the revised Terms.
In the event that any provision of
these Terms is held to be invalid or unenforceable, then that provision will be
limited or eliminated to the minimum extent necessary, and the remaining
provisions of these Terms will remain in full force and effect. BXC’s failure
to enforce any right or provision of these Terms will not be deemed a waiver of
such right or provision.
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