Bunkhouse Barbee Productions
The TOU apply to https://www.bunkhousebarbee.com (the “Website”) which is operated by Bunkhouse Barbee Productions (“Bunkhouse Barbee”), regardless of whether accessed via computer, mobile device or otherwise.
By accessing or using the Website, you agree to the TOU which constitute a legally binding contract between you and Bunkhouse Barbee. If you do not agree to the TOU, please do not use the Website.
- Intellectual property ownership of website materials
Unless otherwise specified, the Website and all materials that are included in or are otherwise part of the Website (including present and future versions), including ,without limitation, graphics, layout, text, instructions, images, books, periodicals, audio, videos, designs, advertising copy, compilations, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Website, the compilation, assembly and arrangement of the materials in the Website, and all other materials related to the Website (the “Materials”) are owned, controlled or licensed by Bunkhouse Barbee and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules regulations and international treaties.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Bunkhouse Barbee, unless and except as is expressly provided in these TOU. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Website.
- Your license to use the Materials on our Website
Subject to your compliance with the TOU, Bunkhouse Barbee grants you a limited, personal, non-exclsuive, non-commercial, revocable, non-assignable and non-transferable license to download, view, display and use a copy of the Materials (excluding source and object code) for your personal, non-commercial use only, provided that you (a) do not use or assist any third party in using the Materials for any unlawful purpose; (b) keep intact all trademark, copyright and proprietary notices contained in the Materials; (c) do not modify the Materials on the Website; (d) that you do not use the Materials in a way that suggests an association with our products or brand.
- Information You Submit
The Website pay provide you with the opportunity to participate in message boards or comment reviews and other communication functionality and may provide you with the opportunity to submit, post, display, publish, or distribute content or materials (“User Content”).
Except as otherwise provided in this TOU, you or the owner of any User Content that you post to our services retain ownership of all rights, title, and interests in that content, provided, however, that by posting content on the Website, you grant us and our assigns, agents, and licensees the irrevocable, royalty-free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these TOU; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these TOU and grant Bunkhouse Barbee these licenses. Upon Bunkhouse Barbee’s request, you will furnish Bunkhouse Barbee any documentation, substantiation or releases necessary to verify your compliance with these TOU. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting or distributing any information, including, without limitation, User Content to the Website or other third parties.
You grant to Bunkhouse Barbee the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, syndicate, sublicense, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same.
You agree that Bunkhouse Barbee has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content. Bunkhouse Barbee may remove User Content posted on the Website at any time that does not comply with these TOU.
- User Conduct
When accessing or using the Website, you may not:
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind;
- Post or transmit any information or software that could compromise the functionality of the Website;
- Interfere with the functioning of the Website in any way or restrict others from using the Website;
- Post, publish, transmit, reproduce, distribute or exploit any information obtained through this Website for commercial purposes without the prior written consent of Bunkhouse Barbee;
- Post or upload content to the Website to which you don’t own the respective rights.
You agree to indemnify Bunkhouse Barbee for any costs or damages that it incurs as the result of such inappropriate content that violates these TOU.
- Intellectual Property
You may not use the Website for any purpose or in any manner that infringes the rights of any third party. Bunkhouse Barbee encourages you to report any content on the Website that you believe infringes your rights. Only the owner of the intellectual property or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Website infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Bunkhouse Barbee has a designated agent for receiving notices of copyright infringement and Bunkhouse Barbee follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bunkhouse Barbee’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512: (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 copyright 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact 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.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
We reserve the right to terminate the accounts of users whom we deem in our sole discretion to be infringers.
Bunkhouse Barbee will endeavor to provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third party’s intellectual property rights.
Bunkhouse Barbee’s copyright agent for notice of claims of copyright infringement on or regarding the Service can be reached as follows:
Name: Copyright Administrator
Mailing address: Miller Korzenik Sommers Rayman LLP
New York, NY 10036
Phone number: (212) 752-9200
E-mail address: firstname.lastname@example.org
- Third Party Links and Content
There may be links from the Website, or communications you receive from the Website, including, without limitation, from advertisers or sponsors, and may include third party content that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Website and you expressly acknowledge and agree that Bunkhouse Barbee is in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.
You understand and agree that Bunkhouse Barbee limits its liability in connection with your use of the Website as set forth below: Under no circumstances will Bunkhouse Barbee be liable to you for any loss or damages of any kind, including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages that are directly or indirectly related to your use of the Website .
The Website is provided on an “as is” basis. Bunkhouse Barbee disclaims all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, or trade. Bunkhouse Barbee does not represent or warrant that the service or functions contained therein will be error-free or uninterrupted.
These TOU will be governed and construed under the laws of the State of Montana, without regard to its conflicts of laws and principles. You agree that jurisdiction over you and venue in any legal proceeding arising out of or relating to the Website shall be the applicable state or federal courts located in Billings, MT. You hereby consent to the exclusive personal jurisdiction and venue of the applicable state and federal courts located in Billings, MT for any such legal proceeding.