Terms Of Use

 

Last Updated: February 25, 2011

 

Terms of Use Agreement

 

Welcome! In order to keep www.bet.com a healthy, vibrant online community, we have adopted the following Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES. 

This is the official Terms of Use Agreement (“Agreement” or “Terms of Use”) for www.bet.com and represents your legally binding agreement with BET Interactive, LLC, a wholly owned subsidiary of Black Entertainment Television LLC (collectively, “BET.com,” “we,” “us,” “ours” or “our”) regarding your use of www.bet.com,  its affiliated sites and all associated or affiliated web pages, services, mobile applications, features, functions and any other activities made available by BET.com.  This Agreement governs only the content, features, and activities related to the Site.  For the purposes of this Agreement, when we use the term “BET.com” we are also referring to networks, programming, services, mobiles applications and websites offered by Black Entertainment Television LLC, including but not limited to, BET Mobile. 

The Site is offered and made available only to users 13 years of age or older who reside in the United States of America, and certain features on this Site (including, but not limited to, user registration and newsletter sign-ups) may be subject to heightened age and/or other eligibility requirements.  If you are not yet 13 years old or the required greater age for certain features, do not reside in the U.S. and/or do not meet any other eligibility requirements, please discontinue using the Site immediately or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you certify that you are at least 13 years of age or other required greater age for certain features, meet any other eligibility and residency requirements of the Site and agree to these terms.

These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and BET.com. In this Agreement, the term “Site” includes all websites and webpages within BET.com, any equivalent, mirror, replacement, substitute or backup websites and webpages that are associated with the Site and any mobile applications which are provided by or interact with BET.com. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services (“Additional Terms”). The Site may also provide rules of participation (“Rules”) for certain activities and services including, but not without limitation, contests and sweepstakes, award programs, membership clubs, email, and dating services. The Site’s Additional Terms, Privacy Policy, and Submission Agreement (governing your submission of any video content) and the Rules (collectively, “BET Terms and Conditions”) are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement, the Privacy Policy, and Additional Terms or the Rules for the activity in which you choose to participate, the agreements shall govern in the following order of priority: first, the specific Additional Terms and Rules for the activity in which you choose to participate, second, this Agreement, third, the Submission Agreement and fourth, the Privacy Policy.

 

This Agreement and the BET Terms of Use will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement and the BET Terms of Use, including any indemnification, warranties and limitations of liability terms.

The words “use” or “using” in this Agreement means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below.

Any questions regarding the specific terms of this Agreement should be directed to legal@bet.com.

 

Registration.

To open an account to access and use certain of the Services, you will need to provide us with current, complete, and accurate information for registration purposes. Some of the information you provide may be deemed Personal Information (as defined in the Privacy Policy).  Please read our Privacy Policy which describes the Personal Information and other information we collect, use, disclose, manage and store.  As part of the registration process, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. You are entirely responsible for maintaining the confidentiality of your password and account name, for maintaining the accuracy of your registration information, and for any and all activities that occur under your account. BET.com is not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password.  If you become aware of any unauthorized use of your account or account information or any other reason to deactivate your account, including suspicious activity or security concerns, you agree to notify BET.com immediately. 

 

Please note that parental consent may be required for users between the ages of 13 and 17 to register for certain features offered on the Site.  Special notices, rules and information will be provided during the registration process for such features.

 

Interactive Services.

BET.com provides an opportunity for users to exchange information, ideas and opinions through the use of the Site, including but not limited to, chat, instant messaging, blogs, personalized web pages or other social networking communications tools (“Profiles”), and other services provided by BET.com (collectively, the “Service(s)”). 

 

The information, advice (such as legal and financial advice), ideas and opinions appearing on the Site do not necessarily reflect the views of BET.com. BET.com does not assume responsibility or accept liability for the content, accuracy, truthfulness or reliability of information, advice, ideas and opinions appearing on BET.com, or for any claims, damages or losses resulting from the dissemination or use of any information, advice, ideas and opinions appearing on BET.com. You assume full responsibility and you assume all risk for the use of the Service, and you are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, communications, and other information.  All communications between users are at the user’s sole control and risk.  Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You understand and agree that the Service is provided “AS-IS” and “As Available” and that BET.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, Profiles or personalization settings.

 

You specifically agree that BET.com is not responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service or otherwise through the Internet. You specifically agree that BET.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You further agree that BET.com is not responsible for any content sent using and/or included in the Service by any third party. Although we are not required to monitor or edit the interactive portions of BET.com, we reserve the right to do so and to delete any content provided by a user. BET.com is not responsible for any failure or delay in removing inaccurate or harmful content.

 

Tracking Technology.

Note that certain Internet browsers, unaffiliated websites, application providers, and other third party entities, programs, devices or technologies, reportedly employ tracking technology without the consent of web users.  BET.com is not responsible for the acts of such third parties engaging in any tracking activities outside of our control, and a user of this Site may not be able to opt-out of all possible forms of tracking technology employed on the Internet, to the extent such third party tracking technologies might affect or otherwise implicate this Site or any user hereof.  For more information on our use of tracking technologies and your opt-out options, please refer to our Privacy Policy.

 

Third Party Hyperlinks, Websites, and Content.

The appearance of external hyperlinks does not constitute endorsement by BET.com or its parent companies, subsidiaries or other BET.com affiliates (“Affiliates”) of the opinions or views expressed by these linked websites and BET.com does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. BET.com is not responsible for any information contained on such sites or the quality or delivery of the products or services offered, accessed, obtained or advertised by such sites. As such, neither BET.com nor its parent or Affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect Personal Information or Submission(s) (as defined below) from the user, be advised that in no event shall BET.com assume or have any responsibility or liability for the manner in which the Personal Information or Submission(s) are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. BET.com will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites, whether any BET logos or sponsorship identification is found on the third party site as part of a co-branding or promotional arrangement.

 

Community Standards and Submissions.

You agree that your use of the Service is subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of your transmissions through the Service.

 

In order to maintain tolerant and thoughtful interaction, BET.com expects you to respect the rights and dignity of others. Accordingly, you shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:  

·                     be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;

·                     affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;

·                     result in the transmission of junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;

·                     be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or webpages;

·                     result in the transmission, distribution or uploading of programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;

·                     forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;

·                     violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;

·                     cause any modification, disruption, impairment, alteration or interference with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or

·                     collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

 

Posts and Submissions.

To the extent that portions of BET.com provide users an opportunity to submit, post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (hereafter, the “Submission(s)”), please be advised that Submissions do not necessarily reflect the views of BET.com. In no event shall BET.com assume or have any responsibility or liability for any Submission or for any claims, damages or losses resulting from their use and/or appearance on BET.com.

 

By posting a Submission, you automatically grant BET.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, prepare derivative works of, reformat, translate, excerpt (in whole or in part), publish, reproduce, post, sell, broadcast, transmit, modify, archive, and distribute such Submission, in whole or in part for any purpose (including marketing and promotional purposes), including any and all rights to include or embed patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights of any nature, in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature without any obligation to compensate you or anyone else.  Your Submission will not be returned by BET.com.

 

You, the user, and not this Site, are entirely responsible for the consequences of all Submissions that you upload, post, email, transmit or otherwise make available via the Site.  We do not monitor, endorse, edit or screen any Submissions, although we reserve the right to do so, nor shall we be liable for any Submission that is in violation of this Agreement. In no event shall the Site or BET.com have or be construed to have any responsibility or liability for or in connection with any Submission whatsoever; however, if we determine, in our sole discretion and judgment, that any Submission does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to post; (b) remove and delete Submissions; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on BET.com.

If a Submission originates from you or your account, you hereby agree that: (a) you are placing the Submission in the public domain without reservation of any rights or further control over the Submission or its use and you specifically authorize BET.com to use such Submission in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Submission is original to you or fully cleared for use as contemplated herein, (ii) the Submission does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Submission does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other proprietary right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Submission is not obscene or in any other manner unlawful, (v) the Submission shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Submission; (c) we have the right to delete, reformat and/or change your Submission in any manner that we may determine (although you will not be responsible for any such changes made); and (d) you will not be entitled to any compensation because of the use or exploitation by us or any third party of any videos and other Submissions you make to us or any ideas or concepts contained therein, and the submission of a video or other Submission, and/or any posting or display thereof, is not any admission of novelty, priority or originality.

 

If your Submission incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant to us the right to use the Submission as described above, (ii) the Submission was produced in compliance with all applicable laws and regulations and (iii) for any user content that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual’s full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver’s license or valid photo ID card) to verify the individual’s identity. With the submission of each such Submission, we reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver’s license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Submissions you submit that may be subject to these requirements.

Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any video or other Submission that you or anyone else submits to or through the Site, you acknowledge and agree that you shall not be entitled to any compensation therefor.

 

You agree to defend, indemnify and hold BET.com, its parents, subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.  Notwithstanding the foregoing, you acknowledge that any Submission that you post on BET.com, including on a BET.com Profile, is available to the general public, and you therefore waive any and all potential claims against BET.com relating to, among other things, privacy, defamation or false light.

 

BET.com reserves the right to highlight, categorize or otherwise bring attention to, in any manner, any Profile that you may create. BET.com reserves the right to eliminate any Profile it deems, in its sole discretion, to be offensive, inappropriate or otherwise inconsistent with this Agreement, the Privacy Policy, or the rights and interests of BET.com, its community, sponsors and business partners. You acknowledge that certain technical processing of your messages and their content may be required to:

 

1. Send and receive messages;

2. Conform to connecting networks’ technical requirements;

3. Conform to the limitations of the Service; or

4. Conform to other similar requirements.

 

You acknowledge that such processing and alteration are automated and do not constitute the exercise of editorial control over the messages or the monitoring of message content. You agree that BET.com may access your account, including its contents, as stated above or to respond to service or technical issues.

 

BET.com reserves the right to set limits on the number of messages or Submissions that you may send or store. You agree that BET.com has no responsibility or liability for the deletion or failure to store any messages, Submissions, and other communications or other content maintained or transmitted by the Service. You acknowledge that BET.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BET.com reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice.

 

Submissions are for noncommercial purposes only and you may not post any Submission in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

If you believe that any content on the Site (including, without limitation, Submissions) violates any of the terms of this Agreement, you agree to promptly notify us at legal@bet.comWe cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

Mobile Messaging and Communications.
BET.com provides its valued users and viewers with the opportunity to register for special promotions, services, news, programming and information delivered via text, SMS or other online or wireless messaging services (collectively, “Mobile Messages”), including messages sent from BET.com short code 79922. Users must opt-in to participate in Mobile Message programs either by registering on the Site or by sending a Mobile Message directly to short code 79922 (for example, text 106 to 79922 to receive important announcements from 106 & Park). All Mobile Messages from the BET.com short code are delivered by Vibes Media LLC.

 

Information requested as part of the online registration process is a user’s telephone number and/or wireless email address, but only if specifically requested, and the carrier’s name. Optional information may be requested for specific promotions, such as a user’s preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to our Privacy Policy and/or this Agreement.

Users who register to receive Mobile Messages acknowledge that they understand and agree that carrier messaging and data rates may apply for all messages sent between the user and BET.com. Under no circumstances will BET.com, its parents, subsidiaries or any Affiliates be responsible for any Mobile Message charges incurred by a user or by a person having access to a user’s wireless device or telephone number.

 

Users may cancel a specific Mobile Messaging service at any time by using the unsubscribe mechanism provided by BET.com at the time a message is received.  Users may stop receiving Mobile Messages from BET.com at any time by sending a message with the phrase STOP ALL to short code 79922 or by sending an email to mobile@bet.net .  

Users acknowledge that they understand and agree that BET.com and/or Vibes Media LLC may, at its or their sole discretion and without liability to any user, terminate a user’s offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. BET.com and/or Vibes Media LLC may provide notice of terminations or changes in service on this Site. 

 

Shopping.

If we offer any e-commerce services (including the ability to purchase goods and services) through the Site (“E-Commerce Service”), the following terms and conditions shall apply. Additional terms may apply to your use and access of the E-Commerce Service and the applicable terms are “Additional Terms” as defined and incorporated herein by reference.

 

The E-Commerce Service may utilize third party operational service providers. All purchases made through these third party operational service providers are subject to their respective terms and conditions of use. BET.com is not responsible and has no liability whatsoever for goods or services you obtain through our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.  We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against us with respect to such sites. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party service provider, even if the goods or services were shown on the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from any third party operational service provider, as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third party operational service provider.

 

BET.com does not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or any of our Affiliates’ endorsement of such products. BET.com and our third party operational service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.

Viral Features.

There may be portions of the Site, content, functionality or features (e.g., digital streaming media player(s)) (“Viral Features”) that we make available to users for your personal use. While we can change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Site or take advantage of any of these Viral Features (whether you use these Viral Features on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or website of anyone else, whether a commercial website or web page, an advertisement, promotional message or even a personalized or customized web page of a friend or through any device that can access any of these Viral Features) you agree not to download any content made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement and our Privacy Policy.

 

RSS Feeds and Podcasts.

The Site may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“Content”). Certain RSS Feeds may be podcasts which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s wireless device or transferred to a portable listening device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds. Content is protected by U.S. federal and state laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to BET.com or the content provider. Content is available for personal, noncommercial use only and you may download, copy and/or transfer to a wireless device or through such device to another device the RSS Feeds and associated Content for your personal, noncommercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this section. We do not warrant that the Site’s RSS Feeds will operate on your wireless device or other user equipment.

 

Additional Services.

BET.com may offer special Services, including, without limitation, downloadable software, mobile applications and content for your private (noncommercial) use from time to time. You may not resell or make any commercial use of these Services, mobile applications, downloads, or software. All of these additional services are conditioned on your acceptance without modification of the Agreement.  Any software (“Software”) or mobile application that is made available to download from the Service is the copyrighted work of BET.com and/or its suppliers.  Except as expressly authorized by BET.com or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, mobile application or the Software, in whole or in part. Your use of the Software or mobile application is governed by this Agreement and the terms of the end user license agreement, if any, which accompanies or is included with the Software or mobile application.  You may not install or use any Software or mobile application that is accompanied by or includes a license agreement unless you first agree to the license agreement terms.  For any Software not accompanied by a license agreement, BET.com grants you a personal, nontransferable and nonexclusive right and license to use the object code of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. 

 

Trademarks.

BET.com and all marks, titles, logos, characters, and names that we display on the Site are either registered trademarks, trademarks or trade dress owned by BET.com, its parent, subsidiaries, Affiliates or assigns, or to the extent applicable, trademarks that are used with permission.  BET.com trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BET.com.

 

Ownership of Intellectual Property.

The content of this Site, including the site software, design, text, images, photographs, illustrations, audioclips, videoclips, artwork, graphic material, databases, or other legally protectable or copyrightable elements of the Site, including the selection, sequence, “look and feel” and arrangements thereof, and trademarks, service marks and trade names (collectively, the “Material”) are the property of BET.com and/or its parent companies, subsidiaries or Affiliates, or their respective successors and assigns, or BET.com’s licensors or other respective owners and sponsors, and are protected, without limitation, pursuant to U.S. federal and state, as well as foreign copyright, trademark and other applicable laws, regulations or treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Site” includes Material as well. The Site is to be used solely for your noncommercial, nonexclusive, nonassignable, nontransferable and limited personal use and for no other purposes.  You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site.  You agree not to, and shall not allow others to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of BET.com. Use of BET.com and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

 

Copyrights.

All content on BET.com is protected under copyright law (although BET.com makes no representations or warranties nor accepts any liability for the content created, reproduced, published or posted by users in Profiles) and is only for your non-commercial use. You may not otherwise license, sell, modify, copy, publish, distribute or display any of the BET.com content.

 

In the event you have a claim of copyright infringement with respect to material that is contained on BET.com, please follow the procedures below.

 

THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

 

Written notification (a “Notification”) must be submitted to the following:

Service Provider(s): BET.com

Name of Agent Designated to Receive Notification of Claimed Infringement: General Counsel
Full Address of Designated Agent to Which Notification Should Be Sent:

BET Interactive, LLC

One BET Plaza 

1235 W Street, NE

Washington, DC 20018

Telephone Number of Designated Agent: (202) 608-2000

Facsimile Number of Designated Agent: (202) 635-6422

Email Address of Designated Agent: legal@bet.com

 

To be effective, the Notification must include the following:

  1. A physical or electronic signature of a 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 at a single online site are covered by a single notification, a representative list of such works at that site;
  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 the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. 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
  6. 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.

 

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:

Service Provider shall remove or disable access to the material that is alleged to be infringing; Service Provider shall forward the written notification to such alleged infringer (“Subscriber”); Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

 

Counter Notification.

If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counter notice (“Counter Notification”) as follows. To be effective, a Counter Notification must be a written communication provided to the Service Provider’s Designated Agent that includes substantially the following:

 

  1. A physical or electronic signature of the Subscriber;
  2. Identification of the material that has been 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 Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of the federal district court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

 

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

 

Service Provider shall promptly provide the complaining party with a copy of the Counter Notification; Service Provider shall inform the complaining party that it will replace the removed material or cease disabling access to it within 10 business days; Service Provider shall replace the removed material or cease disabling access to the material within 10 to 14 business days following receipt of the Counter Notification, provided Service Provider’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider’s network or system termination.

 

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS/IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

 

BET.com reserves the right to terminate any accounts that we deem to be held by repeat infringers. A repeat infringer includes any user who has made two or more Submissions for which we receive a notice of infringement under this Agreement. Each terminated user agrees that the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated, the user shall indemnify and hold BET.com harmless for any and all liability that we may incur therefor.

 

Termination.

BET.com may, in its sole discretion, terminate your right to use the Site at any time, and without notice, for any reason, including your violation of the Agreement or any other policy that BET.com posts. BET.com also reserves the right to modify or discontinue any services it provides, or any portion thereof, without notice to you and without liability. BET.com may immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, you agree to pay BET.com liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise, you agree to pay BET.com’s actual damages, to the extent such actual damages can be reasonably calculated. 

 

International Use.

By choosing to access BET.com from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No software from the Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

 

Advertising.

From time to time, users may communicate with, receive communications from, be redirected to, interact with, or participate in or use the services or obtain goods and services of or from, third parties  such as our advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) as a result of your use of the Site. All such communication, interaction and participation, including any contractual arrangements, is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

Contests, Sweepstakes and Other Promotions.

BET.com may conduct promotions on or through the Service, including without limitation, contests, sweepstakes and other promotions.  Each promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to the user. By participating in a given contest, sweepstakes or promotion, you affirmatively consent to any applicable Additional Terms and Rules. 

 

Ads and Malware.
Sometimes your home computer may cause glitches that affect how you see our Site.  If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.  We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware, such as: update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser) and install a SpyWare removal tool and antivirus software.

 

Please note that we cannot be responsible for the effects of any third party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.

 

Email. 

The contents of any email (including any attachments) that you receive from BET.com or our Affiliates are confidential to the sender and the intended recipient. The information contained in any such email may also be subject to legal privilege or otherwise protected from disclosure. If you are not the intended recipient, you may not copy, forward, disclose or otherwise use any part of such email in any form whatsoever. Please delete and destroy all copies of the email in your possession. Please also reply to the sender and notify him or her that you have received such email in error. Any views or opinions expressed in an email that you receive from any system of BET.com or our Affiliates are solely those of the author of such email and do not necessarily represent those of BET.com or our Affiliates unless specifically stated. The content of an email that you receive from any system of BET.com or our Affiliates does not create, amend, modify or form any part of a contract, entitlement or a binding obligation (including of this Agreement) unless specifically stated. Email messages may contain computer viruses or other defects. It is your responsibility to carry out appropriate virus and other checks to ensure that email messages and attachments do not damage your systems or data. Email messages may not be accurately replicated on other systems, or may be modified, deleted or intercepted without the knowledge of the sender or the intended recipient.

 

Governing Law; Enforcement.

The Agreement shall be governed by and interpreted in accordance with the laws of the state of New York, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located in the New York. No action arising out of this Agreement or your use of the Site, regardless of form or basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

 

Disclaimer and Limitation of Liability.

YOUR USE OF THE SITE, THE CONTENT ON THE SITE, AND ANY GOODS OR SERVICES YOU ACQUIRE FROM THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILBALE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE AND PERFORMED AS DESCRIBED.  BET.COM DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BET.COM WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BET.COM HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, BET.COM WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE OR SERVICES, FROM GOODS ACQUIRED THROUGH THE SITE, OR FROM ANY CONTENT POSTED ON THE SITE BY BET.COM OR ANYONE ELSE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL BET.COM’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

 

BET.COM MAKES NO WARRANTY THAT:

(i) THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS,

(ii) THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(iii) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE,

(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS, OR

(V) ANY ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED.

 

Without limiting the foregoing, BET.com is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Submissions and Material associated with your use of the Site.

Indemnification.

You agree to indemnify, defend and hold harmless BET.com, its parent companies, subsidiaries and Affiliates, and their respective successors, assigns, officers, directors, employees, agents, licensors, representatives, and third party providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising or resulting from any breach or violation of this Agreement by you, any Submission you submit to the Site, and any misrepresentation made by you. BET.com reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or matter subject to indemnification by you (including any settlement or compromise), and you agree to fully cooperate with BET.com in asserting any available defenses.

 

Privacy.

We respect your privacy and the use and protection of your Personal Information.  Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site. 

 

Entire Agreement.

BET.com reserves the right to alter the Agreement, any Additional Terms or Rules, the Submission Agreement, and/or the Privacy Policy without advance notice by posting revised terms.  Once BET.com posts changes to the Agreement, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the Agreement carefully and regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

 

The Agreement, including terms incorporated by reference, as well as any Additional Terms or Rules, disclosures or conditions contained on the Site for particular activities, and consents provided by you on the Site or otherwise to BET.com contains the entire understanding and supersedes all prior or contemporaneous communications, proposals or understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of the Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.