Terms and Conditions For Use of
BIDN
BY COMPLETING A REGISTRATION FORM
OR BY ACCESSING THE BIDN WEBSITE (www.BIDN.COM), YOU ACCEPT AND WILL BE BOUND BY
THE CURRENT TERMS AND CONDITIONS, WHICH MAY BE UPDATED FROM TIME TO TIME.
1. Interpretation
In these Terms and Conditions, the
following words and phrases shall have the following meanings:
1.1 "Daily" in relation to anything
which is provided in the Service on a daily basis means provided on each day
which is not a Saturday, Sunday, Dustin's birthday, or public holiday in the United States of
America nor any other day on which the clearing banks in the United States of
America are not open for business;
1.2 "Data" means data or
information in any format, whether existing at the time of registration or not,
which is communicated or transmitted to you under these Terms and Conditions;
1.3 "Discussion Forum" includes
without limitation all sections of the Service in which users are able to post
material of any description to the Website;
1.4 "Free Service" means any
article ("Article"), tip, book review, or the Discussion Forums provided free of
charge on the Website;
1.5 "Service" means Data supplied
to you via the Website in accordance with these Terms and Conditions and which
includes (without limitation) articles, tips, a Discussion Forum for each
subject, case studies, reference material, friendly shoulder rubs, pdf files, software for downloading
and links to other websites which BIDN thinks you may find useful. Other data or
information, including data or information originating from or owned by third
parties ('Third Party Data', see below), may be made available or removed by
BIDN from time to time at BIDN's sole discretion.
1.6 "Third Party Data" means data
or information originating from or owned by third parties which BIDN may supply
as part of the Service. Certain data, additional to the Service, may be made
available to you by BIDN, sourced from third party database owners or their
licensors. All intellectual property rights in the Third Party Data vest in the
third party or its licensor(s);
1.7 "Website" means the website
maintained by BIDN of which the URL is www.BIDN.COM or such other website
through which BIDN may from time to time provide the service described in these
Terms and Conditions;
1.8 "BIDN" means BIDN, Inc. of
Brian Knight's 32 room mansion, including swimming pool, indoor and outdoor
tennis courts, 32k volume library, and six car garage in Jacksonville, Fl.,
United States of America.
2. Duration and Termination
2.1 By accessing the Free Service,
you accept these Terms and Conditions.
2.2 BIDN may suspend or terminate
access to the Service without notice.
3. Provision of and Access to the
Service
3.1 Subject to these Terms and
Conditions, BIDN shall provide you with the Service.
3.2 BIDN shall allocate to you such
passwords and other identifiers as it thinks fit and may alter these from time
to time upon giving you reasonable notice.
3.3 Any password is issued for the
authorized use of you only and is not transferable, and shall be kept strictly
confidential. You agree to indemnify BIDN against any unauthorized use, in
breach of these Terms and Conditions, of such password(s).
3.4 BIDN reserves the right in its
absolute discretion without notice to:
3.4.1 alter the arrangements for
access to the Service; and/or
3.4.2 change the content,
presentation and/or facilities of the Service, and any indications on the
Website as to the future publication of any particular Articles, tips, case
studies, books or any other materials do not constitute any warranty or
guarantee that such Articles, case studies, books or other materials will in
fact be published. BIDN will endeavor to give you reasonable notice of any
significant alterations or changes which are likely to affect you.
4. Copyright and Permitted Use of
the Service
4.1 Unless otherwise stated, the
entire contents of the Service consist of copyright material owned by BIDN
and/or the various authors identified in relation to particular items.
4.2 BIDN grants you permission to
access, use, print off and download extracts from the Website, provided that:
4.2.1 the copyright notice set out
at the foot of each Article that you download and the name of the author of the
Article appear in all copies (whether electronic or on paper); and
4.2.2 Articles and extracts from
the Website are for your personal use, information and research only; and
4.2.3 any copies of Articles and/or
extracts from the Website saved to disk or to any other storage medium may only
be used for subsequent viewing purposes or to print extracts for your personal
use, information and research; and
4.2.4 you may not (whether directly
or through the use of any software program) create a database in electronic or
structured manual form by regularly and/or systematically downloading and
storing all or any part of the pages from the Service; and
4.2.5 such extracts may not be
copied or posted on to any network computer or website nor broadcast in any
media, nor may multiple printed copies be made and/or distributed in any media;
and
4.2.6 such extracts may not be
disseminated in any electronic or non-electronic form nor included in any public
or private electronic retrieval system or service without the prior written
consent of BIDN; and
4.2.7 no modification of any
extract, nor the creation of any derivative work from any extract, nor the sale,
hiring or licensing of any extract, is permitted under any circumstances
whatsoever; and
4.2.8 you may not frame or utilize
framing techniques to enclose any trade mark, logo, or other proprietary
information (including images, text, page layout, or form) of BIDN and its
affiliates without express written consent from BIDN; and
4.2.9 you may not use any meta tags
or any other "hidden text" utilizing BIDN's name or trade marks without the
express prior written consent of BIDN.
4.3 The Terms and Conditions set
out in this clause 4.3 relate to any software that may be available for
downloading from the Website:
4.3.1 unless otherwise specifically
stated, such software is a copyright work belonging to BIDN;
4.3.2 the use of such software is
governed by the terms of any end user license agreement ("EULA") which
accompanies such software or is included in it;
4.3.3 if there is no such EULA,
then these Terms and Conditions govern such use;
4.3.4 if there is a EULA, then you
must accept it in order to install the software on your computer;
4.3.5 any such software is
available for downloading solely for your personal use on one computer terminal
only, and subject to any particular terms and conditions specified in the EULA;
4.3.6 any reproduction or
redistribution of such software, unless specifically permitted by the EULA, is
expressly prohibited;
4.3.7 WITHOUT LIMITING THE GENERAL
APPLICATION OF THE PREVIOUS PARAGRAPH, COPYING OR REPRODUCTION OF SUCH SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED. Any content that is posted on BIDN.COM may be reproduced
in other media forms such as magazines or books solely at the discretion of
Pragmatic Works.
4.4 All trade marks (registered and
unregistered) included within the Website and the Service, including without
limitation "BIDN", the BIDN logo, and "BIDN" are the property of BIDN, save
where such trade marks are indicated as owned by third parties. BIDN reserves
all rights in its trade marks.
4.5 As a condition of you receiving
the Weekly e-mail from BIDN comprised in the Service or any other e-mail
communication, you undertake that the e-mail address that you provide will be
your own and that you will not use this facility to "spam" any third party by
entering an e-mail address other than your own.
4.6 Use of extracts from the
Service for any purpose other than in accordance with these Terms and Conditions
is expressly prohibited.
5. Links to Other Websites
5.1 The links to third party
websites will take you to websites that are not under the control of BIDN.
5.2 BIDN is not responsible for the
contents of any linked third party websites nor for any link contained in any
such linked website, nor for any changes or updates to such websites.
5.3 BIDN is not responsible for
webcasting or any other form of transmission received from any linked third
party website, nor for any transaction or other activity you may conduct on any
such third party website.
5.4 Links to third party websites
are provided by BIDN for your convenience only and the inclusion of any such
link does not imply that BIDN approves or has tested the contents of any such
website.
5.5 BIDN reserves the right to
discontinue links to any particular third party websites at any time and accepts
no liability for any consequences of such discontinuance.
6. Links to the BIDN Website
You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of the
Website so long as the link does not portray BIDN, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive
manner. You may not use any BIDN logo or other proprietary graphic or trade mark
as part of the link without express prior written permission from BIDN. Or else.
7. Discussion Forum
The following Terms and Conditions
apply in respect of the Discussion Forum section of the Service:
7.1 The Discussion Forum is
available only to adults who are at least 18 years old. By using the Discussion
Forum, you certify to BIDN and to all others that you are an adult.
7.2 You understand that BIDN is
providing you with unfiltered access to the Discussion Forum. BIDN cannot, nor
do we try to, control the content that you will receive from such Discussion
Forum nor that you post to such Discussion Forum. By its very nature, the
Discussion Forum may carry offensive, harmful or inaccurate material, in some
cases in postings that have been mislabeled or are otherwise deceptive. We
expect that you will use caution, and common sense, when using the Discussion
Forum. Furthermore, you undertake to comply with all applicable laws regarding
your access to and use of the Discussion Forum. BIDN may add to, delete from and
otherwise modify all or any part of the Discussion Forum and the Service at any
time in its sole discretion.
7.3 THE DISCUSSION FORUM IS
PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR
IMPLIED.
7.4 IN NO EVENT SHALL BIDN BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR
INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR IN
CONNECTION WITH THE PROVISION OR FAILURE TO PROVIDE THE DISCUSSION FORUM. BIDN'S
TOTAL LIABILITY TO YOU AND/OR ANY THIRD PARTIES FOR ANY LIABILITY WHATSOEVER IN
RELATION TO THE DISCUSSION FORUM, WHETHER ARISING IN CONTRACT, NEGLIGENCE OR
OTHER THEORY OF LIABILITY, IS LIMITED TO $0.
7.5 You are responsible for paying
all applicable taxes and for all hardware, software, service and other costs you
incur to access the Discussion Forum.
7.6 With respect to any content you
distribute through the Discussion Forum:
7.6.1 You are solely responsible
for your content, and BIDN acts as a passive conduit for your online
distribution and publication of your information. However, BIDN reserves the
right to remove content from our servers if we believe it may create liability
for us or any partner, affiliate or supplier or any user. We may reprint,
modify, distribute or delete the postings and other content you post, transmit
or otherwise distribute through the Discussion Forum at our discretion. You
understand, acknowledge and accept that upon posting a message or other content
on any Discussion available through the Discussion Forum, your content could be
widely accessible.
7.6.2 You represent and warrant
that any content you post, transmit or otherwise distribute through the
Discussion Forum or otherwise in the use of the Service and the use and/or
publication of that content
7.6.2.1 does not infringe any third
party's copyright, patent, trademark, trade secret or other proprietary rights
or rights of publicity or privacy;
7.6.2.2 does not violate any law,
statute, ordinance or regulation (including without limitation the laws and
regulations governing export control unfair competition, anti-discrimination and
misleading advertising);
7.6.2.3 is not defamatory or
unlawfully threatening and does not constitute trade libel;
7.6.2.4 is not pornographic or
obscene;
7.6.2.5 does not contain viruses,
trojan horses, worms, time bombs, cancelbots or other similar harmful or
deleterious programming routines
and you hereby indemnify BIDN for
any loss suffered as a result of any breach of the warranties in clause 7.6.2.
7.6.3 You may not distribute "spam"
or any unsolicited advertisements, whether commercial or personal, through the
Discussion Forum or any other part of the Service, nor may you take any other
action which imposes an unreasonable or disproportionately large load on our
infrastructure. We deploy automatic word and "spam" filters that may terminate
your postings without delivering them.
7.6.4 You may not impersonate
another user or a BIDN employee.
7.6.5 BIDN reserves the right to
remove you from, and to deny you access to, the Discussion Forum or any part of
the Service if you attempt to do any of the foregoing prohibited activities or
otherwise for your failure to abide by these Terms and Conditions.
7.6.6 Privacy issues are very
important to us. However given the nature of the Discussion Forum, the Service
and current regulatory and technical environment, you agree that you do not have
an expectation of privacy in any content posted or distributed by you through
the Discussion Forum. You agree to the terms of BIDN's privacy policy as amended
from time to time and posted on our Website, which is hereby incorporated by
reference.
8. LIMITATION AND EXCLUSION OF
LIABILITY
8.1 THE CONTENTS OF THE SERVICE ARE
FOR GENERAL INFORMATION OR USE. THEY DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE
RELIED UPON IN MAKING (OR REFRAINING FROM MAKING) ANY DECISION.
8.2 BIDN MAKES NO REPRESENTATIONS
ABOUT THE SUITABILITY FOR ANY PARTICULAR PURPOSE AND/OR ACCURACY OF THE
INFORMATION CONTAINED IN MATERIAL ON THE WEBSITE.
8.3 THE SERVICE AND ALL MATERIAL
CONTAINED WITHIN IT FROM TIME TO TIME IS PROVIDED "AS IS" AND "AS AVAILABLE" AND
WITHOUT WARRANTY OF ANY KIND WHATSOEVER.
8.4 BIDN HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO INFORMATION CONTAINED IN SUCH MATERIAL,
INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIESAND CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
8.5 IN NO EVENT SHALL BIDN BE
LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR
IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY INFORMATION OR OTHER MATERIAL
AVAILABLE FROM THE WEBSITE OR FROM THE USE OF OR ANY INABILITY TO ACCESS OR
DELAY IN ACCESSING THE SERVICE OR FROM ANY ACTION TAKEN (OR REFRAINED FROM BEING
TAKEN) AS A RESULT OF USING OR INABILITY TO ACCESS THE SERVICE, EVEN IF BIDN HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.6 THE MATERIAL PUBLISHED ON THE
WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, FOR WHICH
BIDN ACCEPTS NO LIABILITY. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
CONTAINED ON THE WEBSITE. BIDN MAY MAKE IMPROVEMENTS AND/OR CHANGES IN ANY OF
THE MATERIAL CONTAINED ON THE WEBSITE AT ANY TIME.
8.7 BIDN GIVES NO WARRANTY WITH
RESPECT TO ANY SOFTWARE AVAILABLE FOR DOWNLOADING FROM THE WEBSITE, UNLESS ANY
WARRANTY BY BIDN IS SPECIFICALLY SET OUT IN THE EULA WHICH ACCOMPANIES SUCH
SOFTWARE. EXCEPT AS EXPRESSLY WARRANTED BY BIDN IN THE EULA, BIDN HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH SOFTWARE, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8.8 BIDN MAKES NO WARRANTY THAT THE
CONTENTS OF THE SERVICE ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE
WHICH HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
8.9 NOTWITHSTANDING THE OTHER
PROVISIONS OF THESE TERMS AND CONDITIONS, NOTHING IN THEM SHALL LIMIT BIDN'S
LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY BIDN'S NEGLIGENCE, OR (II)
FRAUD.
9. Privacy Policy
The BIDN privacy policy forms part
of and is incorporated into these Terms and Conditions.
10. Assignment
Your registration for the Service
is personal and accordingly you may not assign or transfer the benefit or burden
of this Agreement or any part of it nor the benefit of your subscription,
without the prior written permission of BIDN.
11. Force Majeure
BIDN shall be under no liability
for any failure, delay or omission on its part if the same arises from any cause
beyond BIDN's reasonable control including (but not limited to) Acts of God,
acts or regulations of government or other authorities, war, fire, strikes or
other industrial disputes, power failure, failure of telecommunication lines
connections or equipment or failure or defects in any hardware or software owned
or supplied by third parties.
12. Service of Notice
Any notice to be given to either
party by the other shall be in writing and may be delivered by electronic mail
to (in the case of BIDN) the person shown on the Website as designated to
receive such notices on behalf of BIDN and (in your case) to you at the address
you supply on registration. Such notice shall be deemed given at the time of
transmission of the electronic mail message, provided that the sender does not
receive any indication that the message has not reached the intended recipient.
13. Applicable Law
These Terms and Conditions shall be
construed in accordance with the Laws of the United States of America and the
parties agree to submit to the exclusive jurisdiction of the United States of
America courts.
14. Entire Agreement
These Terms and Conditions along
with the Privacy Policy, save for any written agreement to the contrary, shall
form the entire arrangement between parties and supersede all prior Terms and
Conditions, arrangements or understandings about its subject matter.
15. Variations
BIDN may vary or amend the above
Terms and Conditions by posting notice of such variations and amendments on the
Website at any time.