LAST UPDATED: May 30, 2009
Acceptance of Terms
The following terms and conditions govern all use of the www.BasicOrderofAmerica.org web site (the Site) and the services available on or at the Site (taken together, the Service). The Service is currently owned and operated by MDWANU Productions (MDWANU) for Basic Order of America (B.O.A) concepts. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies and procedures that may be published from time to time on this Site by MDWANU Productions for B.O.A.
The Service is available only to individuals who are at least 13 years old. If you are not at least 13 years old, do not attempt to register for or use the Service. B.O.A. may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.
Modification of Terms of Use
MDWANU Productions reserves the right, at its sole discretion, to modify or replace any of the=2 0Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the
posting of any changes to the Terms of Use constitutes acceptance of those changes.
Privacy
MDWANU's current Site privacy statement can be accessed at the bottom of every page on the web site (Privacy Policy) and is incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact info@BasicOrderofAmeric.org
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. For purposes of the Terms of Use, "Content" includes, without limitation, any information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by MDWANU Productions or its partners on or through the Service.
By way of example, and not as a limitation, you shall not to (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communication ions service or other service available on or through the Service, that:
• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, offensive, or profane;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of B.O.A. or any third party; or
• impersonates any person or entity, including any employee or representative of B.O.A.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by B.O.A in its sole discretion) an unreasonable or disproportionately large load on B.O.A's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures B.O.A may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).
You shall not (directly or indirectly): (i) decipher, de compile, disassemble, reverse engineer or otherwise20attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or
otherwise transfer any or the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations
Registration
As a condition to using Services, you may be required to register with B.O.A. and select a password and email address. You shall provide B.O.A. with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your B.O.A. account. You shall not (i) select or use an email address of another person with the intent to impersonate that person; (ii) use an email address subject to any rights of a person other than you without appropriate authorization; or (iii) use an email address that is otherwise offensive, vulgar or obscene. B.O.A. reserves the right to refuse registration of, or cancel a B.O.A. registration in its sole discretion.
You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your B.O.A. password. You shall never use another user's account without such other user's express permission. You will immediately notify in writing B.O.A. of any unauthorized use of your account, or other account related security breach of which you are aware.
Third Party Sites
The Service may permit you to link to other web sites or resources on the Internet, and other web sites or resources may contain links to the Site. These other web sites are not under MDWANU Productions and/or B.O.A's control, and you acknowledge that MDWANU Productions is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such web sites or resources. The inclusion of any such link does not imply endorsement by B.O.A. or any association with its operators. You further acknowledge and agree that B.O.A. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on
any such Content, goods or services available on or through any such web site or resource.
B.O.A. Content Generally
You agree that the Service contains Content specifically provided by B.O.A. or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by B.O.A. in writing, you shall not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform,20publish, adapt, edit or create derivative works from such Content. However, B.O.A. hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the Content (excluding any software code); provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of B.O.A.
User Submissions
The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") content (including, without limitation, information, data, and images) to the Service ("User Submissions"). By posting User Submissions on or at the Site or otherwise through the Service, you:
• grant to B.O.A, its affiliates and their assignees a perpetual, irrevocable, nonexclusive, sub licensable, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such User Submissions in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
• represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by B.O.A. (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; and
• acknowledge that such User Submissions may not be treated confidentially.
You shall not to provide B.O.A. with any confidential or proprietary information that you desire or are required to keep secret. You are solely responsible for the User Submissions you post on or through the Service. B.O.A. does not endorse and has
no control over any User Submission. B.O.A. has no obligation to monitor the Site, Service, Content, or User Submissions. B.O.A. may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Termination
B.O.A. may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS F OR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. B.O.A., AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL B.O.A., NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You shall defend, indemnify, and hold harmless B.O.A., its affiliates and each of its producers and partners, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from your (i) use or misuse of the Service; (ii) your access to the Site, use of the Services, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. B.O.A. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with B.O.A. in asserting any available defenses.
International/Non-Missouri Use
B.O.A. makes no representation that the Content is appropriate or available for use in locations outside of Missouri, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Dispute Resolution
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You a nd B.O.A. agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of this Site or Services
shall be filed only in the state or federal courts located in Jackson County, Missouri and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.
Integration and Severability
The Terms of Use are the entire agreement between you and B.O.A. with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and B.O.A. with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.
Miscellaneous
The Terms of Use are personal to you, and are not assignable, transferable or sub licensable by you except with B.O.A's prior written consent. B.O.A. may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered
mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices
Unless otherwise indicated, the Terms of Use and all Content provided by B.O.A. are intellectual property of, copyright © 2009 MDWANU Productions for B.O.A. concepts All rights reserved. B.O.A., Voice Comments, Voice Player, Voice Blogs, Talking Photos an d Photo Shout Outs, CDs, DVD's are either trademarks or registered trademarks of B.O.A. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.
Digital Millennium Copyright Act Notice
B.O.A. has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of B.O.A.'s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is B.O.A.'s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the Basic Order of America web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that B.O.A. is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is B.O.A.'s policy:
1. to remove or disable access to the infringing Content;
2. to notify the Content provider, member or user that it has removed or disabled access to the Content; and
3. that repeat offenders will have the infringing Content removed from the system and that B.O.A. will terminate such content provider's, member's or user's access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and u se such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the Content provider, member or user;
2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
3. A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a
misidentification of the Content; and
4. Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which Snap Vine is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, B.O.A.'s may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business20days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, 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, at B.O.A.'s discretion.
Please contact B.O.A.'s Designated Agent to Receive Notification of Claimed
Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement: MDWANU Productions; Attn: B.O.A.; P.O. Box 140306; Kansas City, MO 64114; cell text: (816) 206-2274.
Contact
You may contact B.O.A. at the following address: info@BasicOrderofAmerica.org
Or at our offices:
MDWANU Productions
c/o Basic Order of America
Post Box Office 140306
Kansas City, MO 64114
Copyright © 2006-2009 MDWANU Productions. All Rights Reserved. Patents
Pending.
