Acceptance of Terms
You are urged to carefully review the privacy policies, terms or use, and any other related documents and materials of any and all Third Parties providing any of the various online resources and services, or anything else made available on the sites.
You agree to indemnify and hold the sites, Bright Mountain®, and all their agents, representatives, employees, and officers harmless from and against any claims, cause of action, demand or damages associated with or related to your interactions with others. Any attorney’s fees and costs incurred by the sites, Bright Mountain®, and all their agents, representatives, employees, and officers are included in this indemnification.
Registration, My Profile, Orders/Purchases, Shipping, Return Policy
Registration at the sites is voluntary on the part of the Registered User. At registration information (including but not limited to, your birthday, name, email address and a password) are collected; other actions or activities at the sites may require additional information; for example: posting to the forum or purchasing a product will require additional information. When you register and use the sites you agree to provide accurate and complete information, and further agree to keep your registration information complete and accurate.
A My Profile area is made available to Registered Users who voluntarily chose to register and/or make use of certain sections of the sites that require registrations. This area is provided for use by the User to maintain their profile, posts to the website, and other related activities. Users assume complete responsibility for the confidentiality and maintenance of, and the content of their My Profile. You agree to notify Bright Mountain® immediately of any security breach of your Profile. Bright Mountain® is not responsible for any losses arising out of the unauthorized use of your account.
Orders/Purchases Person(s) may purchase a variety of items and/or services in the various sections of the sites, which include, but are not limited to the shopping area.
In addition to Bright Mountain® Other Parties offer products and/or services at the sites in a variety of ways (for example: by means of a link or page(s) at the sites). Bright Mountain® and their agents, representatives, employees, and officers do not make any representation or warranties as to, and do not have the responsibility to examine, evaluate, or warrant the offerings of any items, products, merchandise and/or services of these other parties and/or Third Parties, or the content of their websites. Bright Mountain® does not assume any responsibility or liability for the actions, products, and/or content of all these and any other Third Parties.
Bright Mountain® and their agents, representatives, employees, and officers do not assume any responsibility or liability for the actions, products, communications, interactions, transactions, damaged items, disputes or any relationships between you and any other user, person or organization (“your interactions with others”) and/or content of the sites.
You are responsible for conducting any necessary, prudent, appropriate, judicious investigation(s), research, inquiry, or due diligence with respect to your interactions with others.
Shipping: Shipments are made directly to you from the Third Party(s) providing the items available for purchase on this site. You should direct shipping questions and issues to the Third Party from whom you purchased your item.
Return Policy: Returns and refunds are handled by the Third Party(s) that sold and shipped your purchased item(s) to you. Please refer to the return policy located at the Third Party’s website regarding any return policies and/or returns questions on items shipped to you. Therefore, returns are not accepted and no refunds are offered by Bright Mountain®.
The sole remedy for damaged items, or items damaged in shipping, is to contact the Third Party(s) that sold and shipped your purchased item(s) to you.
Registered Users supply a password when registering at the sites, and assume sole responsibility for any and all activities and actions in/under their account and/or their password. Registered Users also assume sole responsibility for maintaining the confidentiality of their password, account, and restricting access to their computer. You agree to notify the sites immediately of any security breach of your password. The sites and Bright Mountain® (we) are not responsible for any losses arising out of the unauthorized use of your password.
Digital Millennium Copyright Act (DMCA) and Take-Down Notice
We respect authors’ and content holders’ rights, and our policy is to respond to legally valid Take-Down Notices of alleged copyright infringement that meet or exceed the criteria defined in 17 U.S.C. Section 512(c)(3), also known as the Digital Millennium Copyright Act (DMCA) of 1998. The accounts of those whom we determine to be repeat infringers based on our “Three-Infringements” policy will be terminated without notice. If someone has posted your copyrighted information without your permission to our site submit a Take-Down Notice to us which includes, but is not limited to, the following information:
- Identification of the copyrighted work(s) that has (have) been infringed;
- Identification of the material(s) that is (are) claimed to be infringing and information reasonably sufficient to permit us to locate the material(s), such as direct links to the material(s);
- Information sufficient to permit us to contact you such as an address, phone number, or email address;
- A statement that you have a good faith belief that use of your copyrighted work(s) in the manner complained is not authorized by you the copyright owner, your agent, or the law;
- A statement that the information in the Take-Down Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of the individual authorized to act on the material allegedly infringed. This party may be the actual copyright owner or an individual authorized by the copyright owner to act on behalf of the owner of the copyright.
The Take-Down Notice should be mailed or emailed to our Copyright Agent at the following:
Mailing Address: Bright Mountain®, LLC; P.O. Box 810021; Boca Raton, FL 33481
Email Address: firstname.lastname@example.org
We cannot guarantee action on incomplete take-down notices. You acknowledge that if you fail to comply with all of the requirements of this section, your Take-Down Notice may not be valid.
Persons who knowingly materially misrepresent that material or activity is infringing may be subject to liability. Misuse of the take-down notice may result in legal action and/or termination of your account. Please note that 17 U.S.C. Section 512(f) of the DMCA creates liability for knowingly making false claims in a DMCA take-down notice.
If you believe your material that was removed or disabled is not infringing another’s rights, or that you have authorization from the copyright owner or its agent, or that you have rights in the material pursuant to the law, to post and use the material, you may send a Counter-Notice containing the following information to our Copyright Agent:
- Identification of the material(s) that was (were) removed or disabled and the location where the material appeared before it was removed or disabled;
- 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;
- A statement that you consent to the jurisdiction of a Federal District Court in the district where you are located (if you live in the U.S.) or your consent to the jurisdiction of a Federal District Court for any judicial district where the website may be found (if you are not living in the U.S.);
- Your consent to accept service of process from the party who submitted the takedown notice;
- Information sufficient to permit us to contact you such as an address, phone number, or email address; and
- Your physical or electronic signature.
The Counter-Notice should be mailed or emailed to our Copyright Agent at the following:
Mailing Address: Bright Mountain®, LLC; P.O. Box 810021; Boca Raton, FL 33481
Email Address: email@example.com
We cannot guarantee action on an incomplete Counter-Notice. You acknowledge that if you fail to comply with all of the requirements of this section, your Counter-Notice may not be valid.
If a Counter-Notice is received by our Copyright Agent, we will immediately send a copy of the Counter-Notice to the complaining party informing that person that we may replace the removed or disabled material(s) or cease disabling it in 10 business days from the receipt of the Counter-Notice.
Unless we receive a notice that the copyright owner filed an action seeking a court order against you the alleged infringing user within 14 days from the receipt of the Counter-Notice, the removed or disabled material(s) may be replaced, or access to it restored, no earlier than 10 business days after receipt of the Counter-Notice and no later than 14 business days after receipt of the Counter-Notice.
Misuse of the counter-notice may result in legal action and/or termination of your account. Please note that 17 U.S.C. Section 512(f) of the DMCA creates liability for knowingly making false claims in a DMCA counter-notice.
We do not warrant that any content contained in this or related sites is accurate, complete, reliable, current, free of errors or inaccuracies, typographical errors, and is not responsible or liable for any actions taken based on such errors or information.
If at any time any content at the sites is incorrect due to typographical error or is inaccurate information we retain the right to cancel and/or refuse purchases and/or orders placed based on such errors or information
Descriptions of items made available for purchase at the sites are provided by Third Party(s). If an item offering itself is not as described, the sole remedy is to contact the Third Party(s).
User Content Submissions/Posts
Person(s) posting or submitting content (content includes, but is not limited to: files, data, forum posts, messages, images, photos, video, links, advertisements, comments, or any other materials and any other information or communication) assume sole and complete responsibility for such content. Person(s) posting or submitting content represent and warrant that they own or control all of the rights to the content, that the content is accurate, that the use of that content does not violate this policy and will not cause injury or harm to any person or entity; and that you indemnify the sites and Bright Mountain® (us) for any claims resulting for the content that has been posted or submitted. We retain the right, but not the obligation, to monitor, edit or remove any content or activity.
We assume no liability or responsibility and do not make any representations or warranties regarding the authenticity, accuracy, completeness, or reliability of any content posted or submitted by users of this site, Third Party providers of any content. Users of the sites that post or submit content grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, modify, adapt, publish, translate, create derivative works from, distribute, and display said content anywhere in any media. You grant us and any sub licensees, in their sole discretion, the right to use the name submitted in connection with said content.
Children under 13 and Children under 16
Personally Identifiable Information is not knowingly collected by the sites from children 16 years of age and under. If we learn that information has been collected from a child at or under the age of 16 without verification of parental consent the information will be deleted as quickly as reasonably possible.
Disclosure and Use of Your Communications; Electronic Communications
Visitors and Users of the sites consent to receive electronic communications (e-mail) from us. We will communicate with Visitors/Users via e-mail or by posting notices to the sites. Visitors/Users of the sites agree that all agreements, notices, disclosures, and other communications provided to you by us electronically will satisfy any legal requirements for communication in writing.
User Submitted Data:
Prohibited Conduct: Registered Users, Advertisers, and all those who use, make purchases at, and/or visit the sites agree that they will NOT personally or in any manner effect or invoke any other party to:
- Harass, demean, stalk, threaten, defraud others at the sites
- Post, send, provide, request, distribute, link, or in any way make available any inappropriate or offensive content or materials including, but not limited to: pornographic or sexually explicit, threatening, hostile, violent, embarrassing, harmful, hateful, racially insulting, ethnically insulting, deceptive, defamatory, tortious, libelous, or otherwise inappropriate or offensive content or material
- Post, send, provide, distribute, request, link, make, discuss, depict, or in any way make available any form of child, or any other, person or creature, abuse, cruelty, sexuality, exploitation, or any other related materials or topics posing harm to, or threatening the security of a child or an individual.
- Post, make, request, send, link, or provide inappropriate or unsolicited advertisements, offers, or proposals for services, goods, or any other commercial activities.
- Access or attempt to access another person’s account at the sites, or impersonate another person of the site’s or Bright Mountain®’s staff member.
- Obtain without permission or by hacking, or encourage another person to obtain user name(s), password(s), and/or any other information from the sites or provide any such information to a Third Party.
- Use any of the information or site features for anything other than what they are intended to be used for. This includes the exploitation of any issues or glitches at this site for personal gain.
- Interfere, or intentionally interfere with, the security-related features, the operation of the sites, or a member’s enjoyment or use of the sites; including trolling or any other such behaviors.
- Use the sites, or encourage or entreat others to use the sites for any illegal purpose or intent.
- Default on payments for purchases made at the sites.
- Post, send, provide, request, link, distribute or in any way make available any content containing software viruses, code intended to damage, or otherwise interfere with any system, hardware, software, equipment, data, or any other information.
- Engage in misrepresentation of any sources, identification of, or content of information transmitted to the sites, including false representations, or trademark, patent, or any other right or right of ownership infringement. For example: you are precluded from claiming as your own work anything created by another person.
- Attempt or encourage another to attempt to disassemble, decipher, reverse engineer, decompile, or in any manner attempt to attain any source code, underlying algorithms, or original ideas or content of any part of the sites.
- Attempt, or encourage another to attempt to conduct to violate the security of the sites, content, databases, services provided, network, Third Parties, or Third Party provided information/services, including, without limitation: a) accessing data or logging into servers, accounts, or databases unintended for such user(s), or which the user is not authorized to access; b) to probe, scan or test the vulnerability; c) to breach security or authentication measures without proper authorization; d) to interfere via means of, but not limited to, submitting a virus, overloading, “flooding”, “spamming”, “mail bombing”, “crashing”, or sending unsolicited email including promotions and/or advertising of products or services, or forging any TCP/IP packet header on any part of the header information in any posting; e) to use any device, software, or routine to interfere, or attempt to interfere with proper functioning of the sites, content, databases, services provided, network, Third Parties, or Third Party provided information/services.
- Taking, or encouraging another to take intentional actions which impose an unreasonable or disproportionately large load on the infrastructure of the sites, its services and content, server, or Third Parties or Affiliates.
Ownership Notice and Usage Restrictions
The sites are intended for your personal and non-commercial use only. All of the content, information, data, Third Party content supplied information, and any other information provided in the sites is NOT intended for reproduction, distribution, sales or transmission by or for any business, commercial or public purposes. All materials that are included on the sites are protected by their applicable laws (these laws include US and International copyright and trademark laws), and any unauthorized use, duplication, distribution or sales of such materials may violate copyright, trademark, and other applicable laws.
Third-Party Advertising Companies:
When you visit the sites third-party advertising companies may serve ads to you. These companies employ behavioral advertising techniques, and may use information about your visits to websites to tailor advertisements about goods and services to your interests. Unless otherwise stated your name, address, email address, or telephone number are not included in the information used by these advertisers. Please Click Here for more information about this practice, and to find out about opting out of targeted advertising from these companies. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that the sites and Bright Mountain® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the sites.
By virtue of your accessing the sites you agree that you are solely responsible for use of the sites. In addition you further agree to indemnify and hold harmless Bright Mountain®, any and all of its affiliated companies/businesses, suppliers, partners, licensors, and other parties from any claims, damages, losses, liabilities, and including attorneys’ fees which arise out of your misuse or use of the sites, violation of these terms, or the violation of any persons or entities rights, or any breach of the warranties, representations, and covenants made by you herein.
Disclaimer of Warranty and Limitation of Liability
THE SITES AND ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, SOFTWARE, SUBMISSIONS, POSTS, COMMENTS, AND SERVICES PROVIDED OR MADE AVAILABLE THROUGH THE SITES ARE PROVIDED TO VISITORS/USERS “AS IS” AND ON AN “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BRIGHT MOUNTAIN® DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OR ACCURACY OF THE SITES, OR OF THE ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, SOFTWARE, SUBMISSIONS, POSTS, COMMENTS, AND SERVICES PROVIDED, INCLUDED ON, OR OTHERWISE MADE AVAILABLE THROUGH THE SITES. FURTHER, BRIGHT MOUNTAIN®, TO THE FULL EXTENT PERMISSIBLE BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. BRIGHT MOUNTAIN® DOES NOT WARRANT OR REPRESENT THAT THE SITES AND ANY AND ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, SOFTWARE, OR SERVICES PROVIDED, INCLUDED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITES, THEIR SERVERS, OR ELECTRONIC COMMUNICATIONS ARE FREE OF ERRORS, DEFECTS, VIRUSES, BUGS, WORMS, OR ANY OTHER HARMFUL COMPONENTS OR ITEMS. BRIGHT MOUNTAIN® SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OR MISUSE OF THE SITES, OR FROM ANY VARIOUS ONLINE RESOURCES AND SERVICES, CONTENT, INFORMATION, MATERIALS, PRODUCTS, SOFTWARE, ADVERTISEMENTS OR SERVICES PROVIDED, INCLUDED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. VISITORS/USERS OF THE SITES AGREE THAT THEY USE THE SITES AT THEIR OWN RISK.
Reservation of Rights
Modifications to Service
We retain the right to temporarily or permanently, and in part or in whole, change, modify or discontinue the sites and/or any content on the sites at any time and for any reason without prior notice.
Choice of Law and Choice of Forum
Applicable Laws And Governing Language: Any person(s) who elect to access the sites from outside of the United States of America do so at their own initiative, and by such election and initiative are assuming the responsibility for compliance with any local laws applicable to their use and access of the sites. The Terms if Use herein disclosed are governed by and constructed in accordance with the applicable laws of the United States of America, and are without giving effect to any principles of conflicts of laws.
Our Address: Bright Mountain®, LLC
P.O. Box 810012
Boca Raton, FL 33481-0012