Last Updated October 16th, 2009
A. ACCEPTANCE OF TERMS; MODIFICATIONS
Last Updated October 16th, 2009
Avery Ennis, LLC (“we,” “us” or “AELLC”) provides the BillCosby.com web site (“Site”) on the condition that you accept the following terms and conditions (“Terms”). Please carefully read the Terms because, by using the Site, you agree to be bound by the Terms, including our Privacy Statement. If you do not agree to the Terms, you may not use the Site. We may change the Terms in our sole discretion by posting an updated version of them on the Site, and the updated Terms will be effective immediately upon posting. If we decide that it is appropriate, we may also provide additional notice of more significant changes. By continuing to use the Site after we post updated Terms, you agree to be bound by the updated Terms.
B. PRIVACY STATEMENT
Please carefully review our Privacy Statement, which is a part of these Terms.
C. THE SITE
The Site provides information, products, and services related to Bill Cosby and his activities as an entertainer, activist, and educator.
D. PERMITTED USE; OWNERSHIP OF CONTENT
You may access and use the Site for your personal, non-commercial purposes only. As a condition to your continued use of the Site, you warrant that you will not use the Site for any purpose that violates (A) these Terms, (B) any law or regulation, or (C) the rights of AELLC, AELLC’s affiliates, Bill Cosby, or any third party. The Site’s contents are owned by or licensed to AELLC. You may not copy, distribute, modify, publicly display or perform, resell, or in any way exploit the Site or any of its contents (including computer-program code and product listings and prices) except as expressly described in these Terms. You may not engage in data mining, harvesting, or any other systematic collection or extraction of information from the Site. You may not modify or alter the proprietary notices or any content that is permitted to be printed or downloaded from the Site. You may not use any material from the Site in a manner that attributes a false or misleading statement to AELLC, AELLC’s affiliates, Bill Cosby, or any third parties.
Bill Cosby’s names (and variations of them, such as “Cos”), trademarks, service marks, and other indicia of source related to Bill Cosby and his activities (“Cosby Marks”) are owned by Bill Cosby, AELLC, or other affiliated entities. You may not use any of the Cosby Marks in connection with any product or service in any manner that is likely to cause confusion about the source, affiliation, or sponsorship of the product or service. In addition, you may not use Cosby Marks in any manner that disparages or discredits AELLC, Bill Cosby, or any affiliated entity.
E. BILL COSBY PRODUCTS
F. BILLCOSBY.COM SOCIAL MEDIA SECTION
You are responsible for all activity under any account you use to access any part of the Site, including the information and material you provide under them. We reserve the right in our sole discretion to block access to the Site at any time (A) if we suspect that you have not complied with these Terms; or (B) for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use the Site in any way that violates any applicable laws or regulations. We are not liable to you for any loss or damage that may result from any refusal to provide you access to the Site or any portion of it.
H. ADDITIONAL SERVICES
If you opt in at any time to receive a short message service (SMS) text messages from us, you must have a mobile communications subscription with a participating carrier and you are solely responsible for any service fees or other charges associated with any such access and for receiving SMS text messages from us. Please refer to your mobile device plan for specifics about any airtime costs with your carrier.
I. MATERIAL PROVIDED BY YOU AND OTHER USERS
The Site may, from time to time, offer a Social Media Section and other features of the Site that allow you to submit and share text, questions, answers, information, images, photographs, video, or other works of authorship (all together, “User Content”). (References to this User Content also include the member profile you create under a Third-Party Account, to the extent that it is available on the Site.)
If you submit User Content to the Site, you grant us an irrevocable, non-exclusive, worldwide, royalty-free, unrestricted license (with the right to sub-license the rights) to reproduce, distribute, create derivative works of, and publicly display and perform User Content in whole or in part in any media now known or later developed; to use the names, likenesses, voices, and other information you submit as part of User Content; and to identify User Content with our description or additional information. When you submit any User Content, you represent, warrant, and covenant that (A) you have the right to submit it; (B) you have obtained all rights and consents necessary to grant this license, including from each individual (other than Bill Cosby) depicted in User Content; and (C) the User Content does not and will not violate any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal or other right of any kind. You irrevocably release (on behalf of you, your successors, heirs, family members, and executors) AELLC and Bill Cosby (and their affiliates) from any claim of any nature that you have or may ever have (based on any cause of action, including rights of publicity or privacy, trademark or service mark, copyright, “moral rights,” false light, libel, defamation, false advertising, intentional or negligent infliction of emotional distress) arising out of any use
of User Content you submit and any use of your name, likeness, or other identifiable traits in connection with User Content. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you reside in any other jurisdiction that places similar restrictions on a general release, you waive such restrictions to the maximum extent permissible under the applicable law.
We have no obligation to display or otherwise use any User Content in any way. We have the right to delete, modify, or supplement User Content (or to prohibit you from submitting any further User Content) at any time for any reason without notice to anyone. User Content is not confidential and may be available to the general public via the Site or otherwise. You represent, warrant, and covenant that (1) you are under no obligation that would in any way interfere with the disclosure or use of any User Content you submit and (2) no User Content that you submit contains any material or information furnished to you in confidence or with the understanding that it would not be disclosed or published.
You are solely responsible for any User Content that you submit to the Site. We do not endorse or adopt any User Content. We have no obligation to pre-screen, monitor, edit, supplement, or delete User Content, but we reserve the right to do so at any time without notice to anyone. We may restrict you from submitting new User Content or from otherwise participating in the Site’s interactive features for any reason at any time. We are not responsible for any failure or delay in removing User Content that does not comply with this Agreement.
This Site may display content from other web sites, including social media web sites such as Twitter and Facebook (“Other Sites’ Content”). We do not endorse or adopt Other Sites’ Content, have no obligation to pre-screen or monitor Other Sites’ Content, and make no representations or warranties of any kind about Other Sites’ Content.
J. CONDUCT ON THE SITE
We value a diversity of viewpoints and expect users of the Site to exhibit the same level of respect for others on the Site as they would in any community forum. All users must practice discretion and maintain civility on the Site.
Accordingly, you may not (A) submit, upload, post, email, transmit, or otherwise make available any User Content or other information that is unlawful, tortious, defamatory, vulgar, explicitly sexual, obscene, or libelous, or that is threatening, intimidating, hostile, harassing, abusive on the basis of personal beliefs or other characteristics or otherwise objectionable or inappropriate; (B) submit any User Content or other information that you do not have the right to submit or that violates another party’s right or any law or regulation; (C) send any unauthorized, unsolicited, junk, spam or bulk email, or any advertising or other form of communication that violates these Terms or any law or regulation; (D) upload, post, email, transmit or otherwise make available any User Content or other materials or information that contain any computer code, file or program designed to interrupt, corrupt, destroy or otherwise interfere with or limit the functionality of any software, hardware or equipment or make any authorized transmission or cause any other effect that might reasonably be considered undesirable; or (E) interfere with or circumvent any payment process or secure transmission on the Site.
J. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the copyright and other proprietary rights of third parties. However, we cannot monitor all material posted on the Site. If you believe that any material posted on the Site infringes your copyright, then you may request the removal of those materials from the Site in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below.
A notice of infringing material that complies with the Copyright Act, 17 U.S.C. § 512(c)(3) (“Notice”) must be sent to the agent we have designated with the Copyright Office:
Christina I. Belanger
Managing Clerk’s Office
Patterson Belknap Webb & Tyler LLP
1133 Avenue of the Americas
New York, NY 10036
(PLEASE NOTE: This address serves solely to receive notices of claimed infringement on the Site. Other messages or inquiries sent to this address will receive no reply.)
To comply with the Copyright Act, your Notice must be in writing and must include the following:
(1) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(5) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
When we receive a Notice that complies with the Copyright Act, we may remove the identified material and make a good-faith effort to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
(1) A physical or electronic signature of the alleged infringer;
(2) Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(3) A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or access to it disabled as a result of error;
(4) The alleged infringer’s name, address, and telephone number; and
(5) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice, unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on the Site.
K. NO ADVICE
The information on this Site, including information provided by other users, is made available for general informational purposes only. It should not be construed as legal, educational, employment, financial, medical, or other professional advice (or a substitute for them). If you need professional advice or services, you should consult a qualified person in the relevant field.
We may provide links to other web sites (“Other Sites”), including the shopping links described above. We provide these links for information only, and they do not imply that we endorse or sponsor the Other Sites in any way. We exercise no control whatsoever over Other Sites and are not responsible or liable for the content or activities on them. You use any Other Sites solely at your own risk. Under no circumstances may you “frame” the Site or any of its content or copy portions of the Site to a server, except as part of an Internet service provider’s incidental caching of web pages. Each page from the Site must be displayed in full (including all trademarks, service marks, branding, and content), without any accompanying frame, border, design, trademark, advertising or other materials not originally displayed on the page as it appears on the Site.
You agree to indemnify (and, if requested, defend) AELLC and its affiliates and their respective directors, members, officers, employees, and agents against any losses, liabilities, damages, expenses and costs (including reasonable attorneys’ fees) that any of them may incur arising out of, or alleged to arise out of, (A) your acts or omissions in connection with your use of the Site in any way; (B) your violation of these Terms; or (C) your breach of any representation, warranty, or covenant in these Terms.
N. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SITE AND ALL PRODUCTS, SERVICES, AND CONTENT ASSOCIATED WITH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOU USE THE SITE AT YOUR SOLE RISK. AELLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; OR WARRANTIES THAT ANY PART OF THE SITE (OR ANY PRODUCTS, SERVICES, OR CONTENT ASSOCIATED WITH IT, INCLUDING CONTENT FROM OTHER SITES DISPLAYED ON THE SITE) WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY; OR THAT ANY CONTENT IS SAFE FOR DOWNLOAD OR SUITABLE TO BE RELIED ON FOR ANY PURPOSE. AELLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM ANY PERSON’S RELIANCE FOR ANY PURPOSE ON INFORMATION AVAILABLE ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE. IN SOME JURISDICTIONS, PORTIONS OF THESE DISCLAIMERS MAY NOT APPLY.
ALTHOUGH AELLC INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF COMPUTER VIRUSES OR OTHER MALICIOUS CODE TO THE SITE, AELLC AND ITS AFFILIATES DO NOT GUARANTEE OR WARRANT THAT THE SITE IS FREE FROM SUCH DESTRUCTIVE FEATURES AND ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
O. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AELLC AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, STATUTORY, OR SIMILAR DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSS (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NO MATTER IF THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY), RESULTING FROM OR ARISING OUT OF (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE PRODUCTS, SERVICES, OR CONTENT ASSOCIATED WITH THE SITE, INCLUDING CONTENT FROM OTHER SITES DISPLAYED ON THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION OR DATA TRANSMISSIONS; OR (D) ANY OTHER MATTER RELATING TO THE SITE. IN SOME JURISDICTIONS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
P. ACCESS FROM OUTSIDE THE UNITED STATES
AELLC expressly disclaims any representation, warranty, or covenant that the Site or any of its contents are appropriate or will be available for use in locations outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with all applicable laws. You may not access the Site from any location where doing so would be illegal.
Q. GOVERNING LAW
These Terms and any dispute related to the Site are governed by the laws of the State of New York applicable to agreements made and wholly performed there. By using the Site, you hereby irrevocably submit to the personal and exclusive jurisdiction of the federal and state courts located within the State and County of New York for the resolution of any dispute arising out of these Terms or your use of the Site.
R. GENERAL PROVISIONS
Nothing in these Terms may be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship or similar relationship of any kind between AELLC and any user or other person or entity, nor do these Terms extend rights to any third party. The failure of either party to assert any right under these Terms will not be considered a waiver of that party’s right, which will remain in full force and effect. These Terms, including the Privacy Statement, constitute the entire agreement and supersede all other agreements (oral or written) between you and AELLC regarding your use of the Site. The term “including” in the Terms means “including, without being limited to.” If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give the fullest permissible effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect, if doing so does not deprive either party of a material benefit under these Terms. You may not assign your rights under the Terms without AELLC’s prior written consent, and any attempted assignment in violation of this provision is null and void. AELLC may assign these Terms and transfer any of its rights or obligations at any time for any reason.
S. REPORT OF UNAUTHORIZED USE
Please report any violations of these Terms to us at firstname.lastname@example.org. We reserve the right to report any unauthorized use of the Site to appropriate authorities.
T. CONTACT US
If you have questions or concerns about these Terms or the Site, please contact us at email@example.com.