1.0 Acceptance of AGREEMENT
The CONTENT, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to BNC are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of BNC, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any CONTENT, document or other MATERIALs viewed through BNC even if the information is stored on your computer system(s). The posting of information or MATERIALs on BNC does not constitute a waiver of any right in such information and MATERIALs. Some of the CONTENT on BNC is the copyrighted work of third parties.
3.0 Service Marks
"BNC", "Industry Networks" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on BNC may be trademarks of their respective owners.
4.0 Limited License
You are granted a non-exclusive, revocable license (a) to access and use BNC strictly in accordance with this AGREEMENT; (b) to use BNC solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from BNC solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of BNC or its CONTENTs may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Your right to use BNC is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
5.0 Restrictions and Prohibitions on Use
6.0 No Legal Advice
Information contained on or made available through BNC is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to BNC. Your use of information on BNC or MATERIALs linked to BNC is entirely at your own risk.
BNC may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that MATERIAL submitted for inclusion on BNC is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's MATERIALs.
Certain sections of, or offerings from, BNC require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information.
9.0 Errors, Corrections and Changes
We do not represent or warrant that BNC will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through BNC will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or CONTENT of BNC at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other CONTENT appearing on BNC.
10.0 Third Party CONTENT
Third party CONTENT may appear on BNC or may be accessible via links from BNC. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of CONTENT on BNC. You understand that the information and opinions in the third party CONTENT represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
11.0 Unlawful Activity
We reserve the right to investigate complaints or reported violations of this AGREEMENT and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted MATERIALs, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, "AFFILIATED Parties") harmless from any liability, loss, claim and expense related to your violation of this AGREEMENT or use of BNC.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE BNC NETWORK ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 14(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE BNC NETWORK OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
14.0 Limitation of Liability
(a) We and any AFFILIATED party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from BNC or any services or products obtainable therefrom, (b) the unavailability or interruption of BNC or any features thereof, (c) your use of BNC, (d) the CONTENT contained on BNC, or (e) any delay or failure in performance beyond the control of a Covered Party.
(b)THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE BNC NETWORK AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE ANNUAL BNC NETWORK SUBSCRIPTION FEE AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
15.0 Use of Information
16.0 Third-Party Services
We may allow access to or advertise certain third-party product or service providers ("MERCHANTS") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by MERCHANTS. MERCHANTS are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and MERCHANTS. You agree that use of or purchase from such MERCHANTS is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
You represent and warrant that if you are purchasing something from us or from MERCHANTS that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
19.0 Links to other Websites
BNC contains links to Websites. We are not responsible for the CONTENT, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to access third-party sites listed on or referred to by BNC, you do so at your own risk.
20.0 Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the MATERIAL that you claim is infringing is located on BNC;
d. Your address, telephone number, and email address;
e. 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
f. A statement by you, made under penalty of perjury, that the above 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 BNC can be reached by directing an e-mail to the Copyright Agent at email@example.com.
21.0 Information and Press Releases
BNC contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
22.0 Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of BNC and the CONTENT and MATERIALs provided therein.
23.0 Refund and Return Policy
Please note, that no refunds are given on products and services provided by or through BNC, including but not limited to the BNC annual subscription fee.
This AGREEMENT shall be treated as though it were executed and performed in the United Arab Emirates and shall be governed by and construed in accordance with the laws of the United Arab Emirates (without regard to conflict of law principles). Any cause of action by you with respect to BNC (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 13 and Section 14. The language in this AGREEMENT shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this AGREEMENT. This AGREEMENT and all incorporated AGREEMENTs and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this AGREEMENT is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this AGREEMENT shall remain in full force and effect. If any provision of this AGREEMENT is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with BNC is in conflict or inconsistent with this AGREEMENT, this AGREEMENT shall take precedence. Our failure to enforce any provision of this AGREEMENT shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this AGREEMENT shall survive any termination of this AGREEMENT. The title, headings and captions of this AGREEMENT are provided for convenience only and shall have no effect on the construction of the terms of this AGREEMENT.
Any legal controversy or legal claim arising out of or relating to this AGREEMENT or our services, excluding legal action taken by us relating to operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the United Arab Emirates. Each party shall bear its own attorneys' fees. Each party shall bear one-half of any arbitration fees and costs incurred.
You must periodically review this document as it may change from time to time.