Terms and Conditions of Use
We welcome your access and use of this Network web site and its forums and blogs. As consideration for access to and use of this Network web site, you agree to abide by these Terms and Conditions of Use, including the Privacy Policy. If you do not agree to all of these terms and conditions, please do not access or otherwise use this Network web site, forums or blogs or any of their contents or services. These Terms and Conditions of Use may be revised periodically, and we advise you to check here from time-to-time for any changes. Your continued use of the Network web site, forums or blogs shall be deemed your consent to such changes.
Intellectual Property
The design of this Network web site and all materials published on it by Best Friends including text, names, trademarks, service marks, logos, graphics, photographs, video, or other visuals are the property of Best Friends and are protected by copyright, trademark, and other intellectual property laws. Best Friends authorizes you to view and download the content portion of this Network web site only for your personal, non-commercial use and only if you keep on any copies all copyright and other proprietary notices contained on the original materials. You agree you may not otherwise reproduce, retransmit or distribute in any manner or to any extent whatsoever this Network web site, its design or content published by Best Friends without the prior written permission of Best Friends. Permission will only be granted if you agree to give credit to the author and Best Friends. If you would like permission to reproduce any Best Friends materials on this Network web site, please contact us at nettech@bestfriends.org. Please specify the URL and article or feature you would like permission to reproduce.
Postings or Uploads to Forums or Blogs
By posting content, including but not limited to text and photographs, to any forum or blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to post or upload the content or that your use of the content is a protected fair use. You agree you will not knowingly provide content with intent to defraud or submit misleading or false information. You represent and warrant also the content you supply does not violate these Terms and you will indemnify and hold Best Friends harmless for any and all claims resulting from content you supply.
By uploading or posting to a forum or blog, you are granting Best Friends a non-exclusive, royalty-free, assignable, perpetual, irrevocable, and worldwide license to reproduce, use and distribute your content. Best Friends will make an effort to credit your authorship.
You understand and agree all content posted to forums and blogs is the sole responsibility of the individual who originally posted the content. Best Friends does not necessarily approve of and is not responsible for and disclaims any and all liability that may arise from content posted by you or other individuals or groups on the forums or blogs.
You agree Best Friends has the right in its sole discretion to edit, alter, remove any content submitted by you or others to the forums or blogs.
User Conduct
You are prohibited from uploading, posting, emailing or otherwise transmitting any unlawful, threatening, libelous, defamatory, obscene, harassing, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You further agree not to upload, post, email or otherwise transmit any confidential information, trade secrets, "junk mail," "spam," "chain letters," "pyramid schemes," any other form of solicitation, or software viruses. Best Friends reserves the right to remove in its sole discretion any upload or posting that violates the Terms of Use. We reserve the right to take all available and appropriate legal action to protect this Network web site and its contents from such misuse and abuse.
DISCLAIMERS
YOUR ACCESS TO AND USE OF THIS NETWORK WEB SITE, ITS FORUMS AND BLOGS ARE AT YOUR SOLE RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES RELATED TO THIS NETWORK SITE, THE FORUMS AND BLOGS. BEST FRIENDS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS OR OTHER CHARACTERISTICS OF ANY CONTENT AVAILABLE ON OR THROUGH THIS NETWORK WEB SITE, THE FORUMS OR BLOGS. THIS NETWORK WEB SITE, FORUMS AND BLOGS AND THEIR CONTENTS ARE PROVIDED "AS IS." BEST FRIENDS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE CONTENT. BEST FRIENDS DOES NOT REPRESENT OR WARRANT THIS NETWORK WEB SITE, FORUMS OR BLOGS WILL BE AVAILABLE FOR ACCESS ALL THE TIME OR AT ANY TIME ON A CONTINUOUS, UNINTERRUPTED BASIS, AND IS NOT RESPONSIBLE FOR ANY INCONVENIENCE OR OTHER LOSS YOU MAY SUFFER AS A RESULT. BEST FRIENDS IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, PROPERTY OR PERSON RESULTING IN ANY WAY FROM YOUR USE OF THIS NETWORK WEB SITE, FORUMS OR BLOGS.
Where applicable law does not allow the exclusion of implied warranties, some of the foregoing exclusions may not apply to you. This Disclaimer applies to all content and services available through this site.
RELEASE OF LIABILITY
YOU AGREE NEVER TO BRING A CLAIM AGAINST AND RELEASE BEST FRIENDS AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AGENTS, FOUNDERS AND ITS SUCCESSORS AND ASSIGNS FROM ALL LIABILITY ARISING FROM ACCESS, UPLOADS, POSTINGS, EMAILS, DOWNLOADS OR OTHER USE OF THE NETWORK WEB SITE, FORUMS AND BLOGS AND LINKED SITES. YOU UNDERSTANDS THIS AGREEMENT DISCHARGES BEST FRIENDS AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AGENTS, FOUNDERS AND ITS SUCCESSORS AND ASSIGNS FROM ANY LIABILITY TO YOU WITH RESPECT TO BODILY INJURY, PERSONAL INJURY, INJURY TO REPUTATION, DEFAMATION, ILLNESS, DEATH, PROPERTY DAMAGE OR OTHER LOSS THAT MAY RESULT AS A RESULT OF ACCESS, UPLOADS, POSTINGS, EMAILS, DOWNLOADS OR OTHER ACTIVITIES OR USE RELATED TO THE NETWORK WEB SITE, ITS FORUMS AND BLOGS AND THEIR CONTENT AND LINKED SITES.
Indemnification
You agree to defend, indemnify, and hold Best Friends and its employees, agents, officers, directors, agents, founders, successors and assigns harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys' fees) in connection with or arising from your access, uploads, postings, emails, downloads or other use or misuse of this Network web site, the forums and blog, and linked web sites. Best Friends may participate in the defense of any claim or action at your expense and any negotiations for settlement. Best Friends reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations.
Interpretation
If any provision of these Terms and Conditions of Use is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and other provisions shall remain enforceable and in full effect. No failure or delay in enforcing any condition of the Terms of Use or Privacy Policy term shall be a waiver of that or any other term or condition.
Links to Third Party Sites
This Network web site may contain hyperlinks to web sites operated by persons or entities other than Best Friends. Such hyperlinks are provided for your reference and convenience only. You agree not to hold Best Friends responsible for the content or operation of such web sites. A hyperlink from this Network web site to another web site does not imply or mean Best Friends endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this Network web site.
Choice of Law and Forum
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United States of America and the State of Utah. You expressly agree the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of this site shall be in the state or federal courts located in the State of Utah, and you further agree and submit to the exercise of personal jurisdiction of those courts for the purpose of litigating any such claim or action.