Terms of Service
These Terms of Service are a legal agreement between You and
Bilola.com it's affiliated companies
or branches
(hereinafter to be collectively called "the Site").
IMPORTANT! PLEASE READ CAREFULLY before using the Site, because by using the Site, you agree to be
bound by its terms as well as the terms of our Privacy Statement which
is hereby incorporated by reference into these Terms of Service. If
you do not agree with or do not wish to be bound by all of the terms
and conditions of this Agreement, do not use this Web site. We reserve
the right to amend these Terms of Service at any time and will post
the amended Terms of Service here.
1. CONTENT AND USER SUBMISSIONS
The contents of the Site service ("the Service") are
intended for the personal, noncommercial use of its users. All
materials published on the Site including, but not limited to news
articles, photographs, images, illustrations, audio clips and video
clips (collectively, the "Content") are protected by
copyright, trademark and all other applicable intellectual property
laws, and are owned or controlled by Bilola.com or the party
credited as the provider of such Content, software or other materials.
You shall abide by copyright or other notices, information and
restrictions appearing in conjunction with any Content accessed
through the Service.
The Service is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international
conventions and other copyright laws. Except as set forth in Section 1
of these Terms of Service, you may not modify, adapt, translate,
exhibit, publish, transmit, participate in the transfer or sale of,
create derivative works from, distribute, perform, display, reverse
engineer, decompile or dissemble, or in any way exploit, any of the
Content, software, materials or Service in whole or in part.
You may download or copy the Content and other downloadable items
displayed on this Service for personal, noncommercial use only,
provided that you maintain all copyright and other notices contained
in such Content. Copying or storing of any Content for other than
personal, noncommercial use is expressly prohibited without the prior
written permission from the Rights and Permissions Department, or the
copyright holder identified in the individual Content's proprietary
rights notices. You agree that any information, feedback, questions,
comments and/or submissions to any of the Public Forums (as discussed
below) or the like that you provide to us in connection with this Site
or our Services ("Submissions") will be deemed to be
provided to us on a non-confidential and non-proprietary basis and
will become and remain our property. We shall have no obligations of
any kind with respect to any Submissions and shall be free to
reproduce, use, disclose and/or distribute any Submissions for any
purpose whatsoever, without limitation. You also agree that we shall
be free to use any ideas, concepts or techniques embodied in the
Submissions for any purpose whatsoever, including, but not limited to,
developing, manufacturing, and marketing products or services
incorporating such ideas, concepts, or techniques. In addition, you
hereby waive all moral rights you may have in any materials uploaded
by you.
If you believe that the content of any Submission provided by you has
been used on the Site in a manner that constitutes copyright
infringement, please provide our Copyright Agent with a written notice
(email is sufficient) that includes the following information: an
electronic or physical signature of a person authorized to act on
behalf of the owner of the exclusive right that is allegedly
infringed; identification of the copyrighted work claimed to have been
infringed; a description of where the material that you claim is
infringing is located on the Site; your address, telephone number, and
e-mail address; a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its
agent, or the law; and a statement by you, under penalty of perjury,
that the information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on
the Site is: Webmaster
2. FORUMS AND DISCUSSIONS
This Site has no chat rooms, forums, message boards or
news groups. The only way of communication is email and you shall remain solely responsible for the content of
your messages.
3. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
If access service is unavailable during the subscription period, the
member has the right for a refund of subscription fee. Bilola.com
reserves exclusive right to terminate provision of
services for any member at any time by its sole discretion and refund
full amount of subscription fee.
4. REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant (a) that no materials of any kind
submitted by you or Bilola.com use thereof in accordance with the
terms and conditions of these Terms of Service, will (i) violate,
plagiarize or infringe upon the rights of any third party, including,
without limitation, copyright, trademark, privacy or publicity, moral
rights, contract or other personal or proprietary rights; (ii) contain
unlawful material; (iii) constitute false or misleading indications of
origin or statements of fact; (iv) slander, libel or defame any person
or entity; or (v) cause injury of any kind to any person or entity; or
(vi) violate any applicable laws, rules, regulations or other
governmental regulations; and (b) that you are at least 18 years old.
You hereby indemnify, defend and hold Bilola.com and its officers,
directors, owners, agents, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified
Parties") harmless from and against any and all liability and
costs incurred by the Indemnified Parties in connection with any claim
arising out of any breach by you of these Terms of Service or the
foregoing representations, warranties and covenants, including,
without limitation, reasonable attorneys' fees. You shall cooperate as
fully as reasonably required in the defense of any claim. Bilola.com reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you. You shall not enter into any settlement agreement which
affects the rights of Bilola.com without Bilola.com prior
written approval.
Bilola.com neither represents nor endorses the accuracy or
reliability of any advice, opinion, statement or other information
displayed, uploaded, or distributed through the Service by any user,
information provider or any other person or entity. THE SITE, THE
SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS
PROVIDED BY Bilola.com OR THIRD PARTIES THROUGH THE SITE AND THE
SERVICE ARE PROVIDED "AS IS." Bilola.com MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR
A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER
WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE
ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH
THE SERVICE. Bilola.com DOES NOT GUARANTEE THAT YOUR ACCESS TO OR
USE OF THE SITE OR THE SERVICES AVAILABLE THEREIN WILL BE CONTINUOUS,
UNINTERRUPTED OR SECURE. You hereby acknowledge that the use of the
Site and the Services available therein is at your sole risk.
5. LIMITATION OF LIABILITY
Bilola.com SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES
FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE
SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY Bilola.com
OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS
INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN
PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE
CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF Bilola.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Some jurisdictions may not allow the exclusion or limitation of
incidental or consequential damages, so the above exclusions shall
only apply to the extent permissible under applicable law. To the
fullest extent permissible under applicable law, Bilola.com aggregate liability, and the aggregate liability of our licensors, to
you or any third parties in any circumstance is limited to One Hundred
U.S. Dollars ($100).
6. SOFTWARE LICENSES
You acknowledge and agree that you shall have no rights to the
proprietary software and/or any related documentation, enhancements or
modifications thereto, provided to you to access the Service
("Access Software"). You may not sublicense, assign or
transfer any licenses granted to you by Bilola.com, and any
attempt at such sublicense, assignment or transfer is void. You may
make one (1) copy of such software for archival purposes only. You may
not copy, distribute, modify, reverse, engineer or create derivative
works from the Access Software.
7. SYSTEM INTEGRITY
You may not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site or any
transaction conducted on the Site. You may not take any action which
imposes an unreasonable or disproportionately large load on our
infrastructure. You may not disclose or share your password with any
third parties or use your password for any unauthorized service.
8. TERMINATION
Bilola.com may, in its sole discretion, terminate or suspend your
access or refuse service at any time, without notice, to all or part
of the Service for any or no reason, including, without limitation,
breach of these Terms of Service or the repeated infringement of
copyrights owned by third parties. Bilola.com, including, without
limitation, its authorized agents and employees may terminate your use
of the Site without notice in the event that you breach any obligation
in these Terms of Service, including but not limited to, (i)
restricting, inhibiting or disrupting any Bilola.com event or (ii)
attempting to alter or improperly access any feature or function of
the Site. Your access may also be subject to termination if you post
or transmit any illegal content; harass or threaten any user of the
Site or Bilola.com employee; post content (including, but not
limited to, the creation of usernames) that is offensive or otherwise
disruptive of Site activities; post unsolicited advertising; or
improperly impersonate a Bilola.com employee or other individual.
9. RISK OF LOSS
All items purchased from the Site are made pursuant to a shipment
contract. This means that the risk of loss and title for such items
passes to you upon our delivery to the carrier.
10. PRODUCT DESCRIPTION
Bilola.com and its affiliates attempt to describe all of the
products on the Site as accurately as possible. However, Bilola.com does not warrant that product descriptions or other Content of this
Site is accurate, complete, reliable, current or error-free. If a
product offered on our Site itself is not as described, your sole
remedy is to return it in unused condition.
11. MISCELLANEOUS
This Agreement has been made in and shall be construed and enforced in
accordance with dutch law without regard to any conflict of law
provisions. Bilola.com makes no representation that the Content in
this Site is appropriate for access outside of the Netherlands. Those
who choose to access this Site from outside the Netherlands do so on
their own initiative and are responsible for compliance with local
laws. |