MYBP LLC Terms of Service
This Site (as defined below) is owned and operated by MYBP LLC (“MyBelPaese”).
These Terms limit MyBelPaese’s liability and obligations to you, grant MyBelPaese certain rights and allow MyBelPaese to change, suspend or terminate your use of the Site. Your use of the Site is expressly conditioned on your compliance with these Terms. You agree to notify any employees, agents, household members or other individuals who will access the Site of the terms and conditions of these Terms and they must agree to be bound by these Terms, prior to their use of the Site.
YOU UNDERSTAND THAT BY USING THE SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE OR ACCESS THE SITE. TO ACCESS OR USE THE SITE, YOU MUST HAVE THE REQUISITE POWER AND AUTHORITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SITE IF YOU ARE A COMPETITOR OF MYBELPAESE OR IF WE HAVE PREVIOUSLY BANNED YOU FROM THE SITE.
YOU MUST BE AT LEAST SIXTEEN (16) YEARS OLD TO USE THE SITE. If you are not yet 16 years old, do not use the Site.
IF YOU ARE BETWEEN 16 AND 18 YEARS OLD: Please have your parents or legal guardian review these Terms with you, discuss any questions you might have, and give you their permission to use the Site with both your and their full understanding of these Terms. By using the Site, you are telling us that you and your parent or guardian, have joined in this agreement.
- DEFINED TERMS. For purposes of the Terms, the following defined terms shall have these meanings:
- “IPR” means any rights in or to, but not limited to, copyrights, patents, trademarks, brand names, trade names, business names, know-how or confidential information and any other rights in respect of any other industrial or intellectual property, whether registrable or not and wherever existing in the world and including without limitation all rights to apply for registrations of any of the foregoing rights;
- “Site” means this site and associated sites or applications including any and all audio and/or visual elements thereof, created, licensed or owned by MyBelPaese or by MyBelPaese’s approved third party providers (“Third Party Provider”), including, without limitation, any text, graphics, images, illustrations, photographs, animations, applications, video, audio or audiovisual works, designs, logos, guides, and other information and content made available through the Site, as well as all underlying technical elements of all of the foregoing, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions.
- GRANT OF RIGHTS. MyBelPaese grants you a limited, non-exclusive, non-assignable, non-transferable right and license to use and display the Site, for non-commercial uses (except as explicitly identified otherwise on the Site), solely as described in these Terms (“Access”), provided that you comply fully with these Terms. Your Access to the Site shall remain in effect until and unless terminated by you or MyBelPaese.
- INTELLECTUAL PROPERTY RIGHTS.
4.1. The Site and all IPR therein (including all the content found therein) are owned by MyBelPaese and/or its content providers and other licensors, and are subject to protection under the relevant intellectual property laws throughout the world. Except as expressly set forth in these Terms or as otherwise permitted in writing by MyBelPaese, you agree not to: (1) commercialize, capture, transfer, upload, distribute, sell, license, modify, manipulate, reproduce, perform, publicly display, create derivative works from or based upon, or otherwise exploit the Site and the IPR, in whole or in part, on any other website or in any medium now known or hereafter developed; (2) remove or modify any trade names, product names, logos, trademarks, copyrights or other proprietary notices, legends, symbols or labels on the Site; (3) to use the Site IPR for any purpose other than for personal use or professional research (each of the foregoing, “Unauthorized Conduct”).
4.2. Any Unauthorized Conduct constitutes a violation of these Terms and an infringement of the IPR of MyBelPaese and/or its content providers or other licensors. Any such infringement or violation may subject you to civil and criminal liability and penalties under intellectual property laws throughout the world, including without limitation the payment of damages and attorney’s fees.
- USER SUBMISSIONS. During your use of the Site, you may be able to send, post, or otherwise transmit text, links, software, photographs, video, sound, music, feedback, comments, suggestions, or other information, material or files including, without limitation, names or likenesses (all whether concerning you or a third party) (collectively, the “Submissions”) to the Site, whether or not requested to do so by MyBelPaese. You shall be deemed to have granted to MyBelPaese a worldwide, irrevocable, perpetual, royalty-free, non-exclusive, transferrable, sub-licensable, license to cache, copy, distribute, transmit, publicly display, translate, publicly perform, creative derivative works of, reproduce and otherwise use or exploit the Submissions on the Site and in any other media, digital or analog, now known or hereafter developed throughout the universe including, without limitation, the internet, mobile devices, and in advertising or promotion, print or otherwise. We reserve the right to display advertisements in connection with Submissions and to use Submissions for advertising and promotional purposes without any compensation to you. YOU WILL CONTINUE TO OWN ANY IPR IN AND TO THE SUBMISSIONS THAT YOU ACTUALLY OWN WHEN YOU SENT SAID SUBMISSIONS TO THE WEBSITE.
For the avoidance of doubt, by submitting your Submission you understand and agree that: (1) any Submissions may become publicly viewable on the Site or elsewhere; (2) MyBelPaese has the right to publish your user name in connection with your Submissions, wherever applicable; (3) you will only submit Submissions that you own or have permission to submit from the owner, in which case you will provide MyBelPaese upon request with a copy of a written consent from the owner; and (4) your Submission constitutes a waiver of the right to privacy or publicity of the owner of the Submission and any third party named in it with respect to the Submission and all of its contents. You represent and warrant that your Submissions do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights.)
MyBelPaese shall have no obligation to pay you any compensation for your Submissions and with respect to MyBelPaese use or nonuse of your Submissions, and is under no obligation to post or use any Submissions you may provide. MyBelPaese may, in its sole discretion, remove any Submissions at any time, with or without notice to you, prior or otherwise.
MyBelPaese does not and cannot review all Submissions and is not responsible for the content or substance thereof. However, MyBelPaese reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person’s rights of privacy or publicity, or otherwise unacceptable, provided that MyBelPaese shall not be deemed the publisher of any Submission by virtue of its right to control said Submission. Any views and opinions expressed in a Submission reflect author’s point of view and are not necessarily those of MyBelPaese.
- THIRD PARTY WEBSITES.
- You acknowledge and agree that the owners of any content found on the Site are the intended beneficiaries of these Terms and have the right to enforce the Terms directly against you. Other than as stated herein, the Terms are not intended to grant any other third-party rights.
- The following non-inclusive list of violations may result in MyBelPaese terminating or suspending your user account and/or your access to the Site and you agree not to engage in any of the following conduct anywhere on the Site:
- Use any robot, spider, scraper or other automated means to access or copy the Site;
- Impersonate or misrepresent your affiliation with any person in registering for your user account;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation, any regulations having the force of law while using or accessing the Site;
- Use any means to copy, redistribute, reproduce, rip, record, transfer, perform, or otherwise make available any IPR accessed through the Site;
- Reverse engineering, decompiling, disassembling, modifying, or creating any derivative works of the Site, except to the extent permitted by applicable law;
- Use vulgar or offensive language in your username; and
- Provide your password to any other person or using any other person’s username and password
- In order to access some features of the Site, you may be required to create or register for a user account. In consideration for your use of the Site, you agree to: (1) comply with the Rules; (2) provide accurate, complete and true information about yourself as may be required on any registration form for the Site (your “Registration Information”) in order to create your user account; (3) maintain and update, as applicable, your Registration Information with current and complete information; and (4) not allow any other individual to access the Site through your user account. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at MyBelPaese’s sole discretion, have their user accounts suspended or terminated, and may be permanently banned from using any current or future features or services of the Site.
- You are solely responsible maintaining the confidentiality of your username and password. We urge you not to share your login information with others, as this may lead to unauthorized access to your user account and the information therein. You agree that you will: (1) immediately notify MyBelPaese of any unauthorized use of your user account; and (2) ensure that you properly log out of the Site at the completion of your use session. You are solely responsible for the activity that occurs on or through your user account. MyBelPaese shall have no liability for any loss or damage arising from your use of a user account, the Site, or your failure to comply with these requirements. MyBelPaese will not be liable for any losses caused by any unauthorized use of your user account, and you may be liable for the losses of MyBelPaese or others due to such unauthorized use. The following non-inclusive list of violations may results in MyBelPaese terminating or suspending your user account and/or your access to the Site and you agree not to engage in any of the following conduct anywhere on the Site:
- Submit material that is subject to the IPR protections of a third party, including without limitation, any IPR or material otherwise subject to third party proprietary rights, including, without limitations, privacy and publicity rights, unless you are the owner of such rights of have permission from the owner of such rights to post said material and to grant us all of the license rights granted herein;
- Request, demand, or suggest payment for items posted on or to the Site;
- Use the website as a platform for promotional giveaways;
- Transmit any Submission that MyBelPaese, in its sole discretion, advises to be false, inaccurate, misleading, disrupting, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated or otherwise objectionable;
- Harass, threaten, embarrass or cause distress or discomfort to another Site participant, user, or other individual or entity;
- Distribute viruses or any other technologies that may harm the Site or the interests or property of our users and partners;
- Harvest or otherwise collect information, including email addresses, about users or third parties whose information is made available on the Site, without their consent;
- Use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
- Impersonate or misrepresent your affiliation with any person, including without limitation, a MyBelPaese official or representative, chat or message board leader, guide or host;
- Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants;
- Post or transmit any unsolicited advertising or promotional materials other than the listing of items to be given away as a gift or for free pursuant to these Terms, or any other forms of solicitation anywhere on the Site;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation, any regulations having the force of law while using or accessing the site; or
- Post or transmit, nude, partially nude, pornographic or sexually suggestive photos.
- The following non-inclusive list of violations may result in MyBelPaese terminating or suspending your user account and/or your access to the Site and you agree not to engage in any of the following conduct anywhere on the Site:
- DISPUTES WITH OTHER USERS. If you have a dispute with one or more users, you release MyBelPaese from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including without limitation attorney’s fees, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- RIGHTS YOU GRANT MyBelPaese. In consideration for the rights granted to you under these Terms, you grant MyBelPaese the right to allow the Site to use the processor, bandwidth, and storage hardware on your device, as necessary to run the Site. If you provide feedback, ideas, comments or suggestions in connection with the Site (“Feedback”) you acknowledge that such Feedback is not confidential and that MyBelPaese may use such Feedback without any restriction and without payment to you.
- SERVICE LIMITATIONS. MyBelPaese will make commercially reasonable efforts to keep the Site operational but certain technical difficulties, required maintenance, testing, and updates may, from time to time, results in temporary interruptions. MyBelPaese reserves the right to modify, discontinue (either temporarily or permanently) any function or feature of the Site, or the Site in its entirety. MyBelPaese will always try to give you advance notice of such interruptions, but shall have no liability for any interruptions in service.
- TERMINATION. You understand and agree that MyBelPaese may, in its sole discretion and at any time suspend, or terminate your use of the Site for any reason. MyBelPaese may also, in its sole discretion and at any time, discontinue the Site, in whole or in part, or limit or restrict any access thereto, for any reason. You understand and agree that MyBelPaese may take any one or more of these actions without any notice to you, prior or otherwise. You understand and agree that MyBelPaese shall not have any liability to you or any other person for any termination of your access to the Site and/or the removal of information concerning your actions on the Site.
- INDEMNIFICATION. You agree to indemnify and hold MyBelPaese harmless for any and all disputes, claims, damages, losses, and causes of action (including without limitation attorney’s fees) arising from these Terms, your use of this Site, or your violation or claimed violation of any law or rights of a third party, or any other breach or claimed breach of the Terms.
- YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MYBELPAESE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. MYBELPAESE DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE DOES NOT VIOLATE ANY IPR OF ANY PERSON. MYBELPAESE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MYBELPAESE) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MYBELPAESE AND ITS AFFILIATED ENTITIES SHALL CREATE A WARRANTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL MYBELPAESE AND ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, ATTORNEY’S FEES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WHILE MYBELPAESE TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, MYBELPAESE AND ITS AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF MYBELPAESE AND ITS AFFILIATED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO MYBELPAESE, IF ANY, FOR ACCESSING AND USING THIS SITE.
- INTERNATIONAL ACCESS. MyBelPaese makes no representation that the Site content, and its copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use by certain individuals or in certain countries. Those who choose to access the Site from locations outside of the United States of America do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- COPYRIGHT NOTICE The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by MyBelPaese infringe your copyright (for example, materials posted by MyBelPaese), you (or your agent) may send MyBelPaese a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site is covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow MyBelPaese to locate the material on the Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by MyBelPaese against you, the DMCA permits you to send MyBelPaese a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Site should be sent to our Copyright Agent for Notice of claims of copyright infringement at: FILL IN They should include: (1) Your name, address, telephone number, and email address; (2) A description of the copyrighted work that you claim has been infringed or the work that contains your identity; (3) The precise URL or a description of where the alleged infringing material is located; (4) A statement by you that you have a good faith belief that the content you claim infringes your copyright interest was copied without your authorization or that of the copyright owner or his/her/its agent or proof that you are the subject identified in the content; and (5) A statement by you, made under penalty of perjury, that all information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf or you are the subject depicted in the content and that you do not wish the content to be displayed in the future on the Site. If you are authorized to act on behalf of the copyright owner, you must provide an electronic or physical signature of the copyright owner on a statement wherein he/she/it authorizes you to act on his/her/its behalf.
- NOTICE FOR CALIFORNIA USERS: This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- All Claims you bring against MyBelPaese must be resolved in accordance with this section. All Claims filed or brought contrary to this section shall be considered improperly filed. Should you file a Claim contrary to this section, MyBelPaese may recover reasonable attorney’s fees and costs, provided that MyBelPaese has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim within thirty (30) days of such notice.
- Any Claim must be filed within one (1) year after such Claim arose regardless of any status or law to the contrary. In the event any such Claim is not filed within such one (1) year period, such Claim shall be barred.
- Any failure to act by MyBelPaese with respect to a breach by you or others does not waive MyBelPaese’s right to act with respect to subsequent or similar breaches.
- Notwithstanding anything to the contrary, MyBelPaese reserves the right to seek the remedy of specific performance of any term of these Terms, or a preliminary or permanent injunction against the violation of these Terms or in aid of the exercise of any power granted in these Terms, or any combination thereof.
- Captions and Headings. All captions, indices, titles, subject headings, section titles and similar items contained in these Terms are provided for the purpose of reference and convenience only and are not intended to be inclusive, definitive or to affect the meaning or content of these Terms.
- Relationship. The relationship between the Parties is as set out in these Terms and no employment, joint venture, partnership or agency relationship shall be deemed to subsist between the Parties and neither shall have the power to bind the other, except as otherwise set forth herein.
- Severability. If any of the provisions of the Terms are held illegal, inapplicable or non-executable by a court of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and remain enforceable and said ruling will not affect any other provision set forth in this the Terms and will not render such other provisions invalid, inapplicable or non-executable.
- Compliance with Laws. You agree to comply with all applicable laws, rules and regulations in connection with your activities under the Rules.
- Miscellaneous. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MyBelPaese as a result of these Terms or your use of the Site. These Terms are subject to existing laws and legal process, and nothing contained in these Terms is in derogation of any obligation on our part to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
- Entire Agreement. These Terms set forth the entire understanding and agreement between you and MyBelPaese with respect to the subject matter of these Terms.