2. In the event of possible conflict of the Terms Additional Terms are always superior to Terms.
b) Actuall usage of the Services. In this case, the User understand and agree that BFP will from that point onwards treat his/her/its use of the Services as acceptance of the Terms.
b) Bond.pm Disclaimers notice.
a) You are of legal age or capacity to form a binding contract with BFP; and
b) You are not a person banned from receiving the Services under the U.S. laws or any other countries including the country in which you are resident or from which you use the Services or Website.
c) You are not citizen or resident and not accessing the Website and its services from territories of: Thailand, Afghanistan, Burundi, Balkan (Former Yugoslav Republic of Macedonia, Southern Serbia, Federal Republic of Yugoslavia, Bosnia, Kosovo), Myanmar, Cote d’Ivoire, Cuba, Democratic Republic of Congo, Democratic Peoples’ Republic of Korea, Iran, Iraq, Liberia, Lebanon, Libya, Rwanda, Sierra Leone, Somalia, Sudan, Syria, Tanzania, Uganda and Zaire, Zimbawe. and countries or territories or individuals under the sanctions of the United States of America or the European Union.
6. "www.bond.pm" is a Website maintained by Bond Film Platform Inc. (“Company”) a Company incorporated in State of Delaware, U.S. at 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808-1674. Your use of BFP’s products, software, services and websites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and BFP. The purpose of the Services is to maintain a service of Website where User can find information about Bond Film Platform Project. Any person that use the Website and its services is referred as “User” or “You” in the Terms. In the Terms the terms written in a capitalized form shall have the meaning set out here or elsewhere in the Terms. Other terms shall have a common meaning.
7. In these Terms unless the opposite is clear from the context the following rules of interpretation apply:
a) Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
b) Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
c) References to clauses and schedules are to the clauses and schedules of these Terms and references to paragraphs are to paragraphs of the relevant schedule;
d) A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
e) All references to a person include firms, companies, government entities, trusts and partnerships or other or unincorporated body (whether or not having separate legal personality);
f) The term 'including' does not exclude anything not listed;
g) A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
h) A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
i) A reference to writing or written includes fax and e-mail.
j) Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
k) Any words following these Terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding or following that agreement.
l) Headings of sections are for convenience only and shall not be used to limit or construe such sections. All the sections in these Terms shall survive any termination or expiration of these Terms.The rest of terms and definitions that can be found in the text of the Terms should be interpreted by the parties according to the laws of the State of Delaware and to the general rules of interpretation of such terms accepted in the Internet network.
9. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with BFP for the Services or for any other BFP product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with BFP, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
12. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR WebsiteS, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
13. BFP reserves the right to stop offering and/or supporting the Website or part of the Services at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended.
14. UPON TERMINATION OF THESE TERMS YOU WILL NO LONGER BE AUTHORIZED TO USE THE WEBSITE AND ITS SERVICES IN ANY WAY.
15. BFP does not provide Users with any financial, investment or legal advice by providing its Services and operating the Website at its current stage of development. Any information available on the Website or distributed by BFP is to be received as-is, and will not be deemed as a professional advice or call to action.
16. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
17. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
18. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to certain users.
19. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL BFP, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE BFP MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BFP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BFP'S RECORDS, PROGRAMS OR SERVICES.
20. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to Certain users.
21. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BFP (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, BFP OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO BFP DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
22. BFP is not responsible for any damages caused by delay or failure to perform its obligations under the Terms in case if the said delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all acts that are regarded as Force Majeure in legal practice.
23. You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this Website are vested in BFP and/or its licensors and BFP and/or its licensors are the sole and exclusive owners thereof. All rights in the Website not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its products or Service except as expressly authorized herein. Except as otherwise provided, the Content published on this Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of BFP is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
24. BFP hereby disclaims any rights to trademarks, Service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. BFP disclaims any proprietary interests in the intellectual property rights other than its own.
26. Linking to the Webite is permitted provided that User comply with these rules. You may link to the home page of the Website or to any other page of this Website. However you are not allowed to use in-line linking or framing. You must not imply that BFP endorses or sponsors the linker or its Website, products or Service. You must not use BFP's intellectual property including but not limited to trademarks, trade name, copyright without permission from BFP. Furthermore, you agree to remove the link at any time upon our request.
29. If any term, provision, covenant or restriction of these Terms is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Terms without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
30. Any notice or other communication under these Terms shall be in writing and shall be considered given and received when sent by email. The Users official email for communication shall be deemed the email specified by the User in case of subscription to BFP newsletter. The language of the communication shall be English.
32. Despite all of the security measures implemented by BFP, the User acknowledges that there are certain risks of the Company being attacked by electronic means in order to obtain the private information and that the Company cannot guarantee full protection.
33. these Terms shall be governed, construed, and enforced in accordance with the laws of the State of Delaware.
34. We encourage you to contact us if you have an issue, as most issues can be resolved without the involvement of a court or arbitrator. If negotiations do not resolve any disputes relating to your use of BFP or these Terms, you and we agree to submit the dispute to arbitration. The only exceptions to arbitration are (1) for intellectual property claims alleging misuse, Infringement, or misappropriation of intellectual property; (2) for claims falling within the jurisdiction of small claims court; and (3) where you have opted out of arbitration in accordance with these Terms.
35. In the event of any claim, controversy or alleged dispute between you and BFP, its members or affiliates (“Dispute”) under these Terms, you hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding. Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding either (a) pursuant to the rules of the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, before an arbitrator to be selected by the AAA. Any such arbitration may only be commenced within one year after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued. In any arbitration and subject to the ultimate discretion of the presiding arbitrator, each side will be limited to a maximum of one day of argument (including rebuttal), and the parties agree in good faith to minimize discovery burdens (e.g. confine the scope to actual areas in dispute and limit the topics and number of pages on which information is requested to matters directly relevant). The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof. You agree that all Disputes will be limited between you, individually, and BFP. To the full extent allowable by law, you agree that no arbitration proceeding or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis. Notwithstanding the foregoing, you agree that the following matters shall not, at the election of BFP, be subject to binding arbitration: (1) any Dispute related to, or arising from allegations of criminal activity; (2) any Disputes concerning BFP’s intellectual property rights; and (3) any claim for injunctive relief. All arbitration proceedings will take place in Delaware, United States of America. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within Dover, Delaware. Each party hereby waives any claim that such venue is improper or inconvenient.
37. This “Dispute Resolution, Arbitration and Class Action Waiver” section shall survive any termination of these Terms, or the Services.