Any additional terms, codes of conduct, rules, instructions, and copyright, trade secret and other intellectual property notices posted in the footer of each page of this Site and/or at various other places on the Site are hereby incorporated into these Terms and Conditions, and collectively govern your use of the Site and constitute the entire agreement between you and BKFK, superseding any prior agreements between you and BKFK.
BKFK may provide users of the Site with access to and use of various on-line resources and activities, including without limitation directory listings, Web-based management tools, forums, and other activities as well as branded and co-branded content (collectively, the “Service” or “Services”). These Terms and Conditions also will apply to any new or enhanced Services and new properties upon their being made available unless explicitly stated otherwise.
When registration is required for your access to or use of the Site or a particular Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s or the particular Service's registration form (such information being the "User Information"), and to maintain and promptly update your User Information to keep it true, accurate, current and complete.
If you provide any User Information that is untrue, inaccurate, not current or incomplete, or if BKFK has reasonable grounds to suspect that any such User Information is untrue, inaccurate, not current or incomplete, BKFK may suspend or terminate your account and refuse any and all current or future use of the Site or a particular Service.
BKFK does not claim ownership of any materials you submit to us or make available for inclusion on the Site or in any Services. However, with respect to any materials you submit or make available for inclusion on the Site or in the Site’s Services (including, for example, chat rooms or similar areas), you grant BKFK a perpetual, irrevocable, worldwide, royalty-free and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such materials (in whole or in part) and to incorporate such materials into other works in any format or medium now known or later developed. By submitting or sending materials to us, you: (i) represent and warrant that the materials are original to you, that no other party has any rights thereto, and that any "moral rights" in the materials have been waived. We cannot be responsible for maintaining any material that you provide to us, and we may delete or destroy any such material at any time.
It is important to remember that comments, or other information or Content, submitted to an area that is a “public” or open forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive personal information in your submissions or postings to any public forums.
You understand and agree that all information, data, text, software, code, illustrations, music, sound, photographs, graphics, video, messages or other materials (collectively "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BKFK, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Site or any Service.
In the course of your use of this Site or any Service, in addition to any other rules or regulations that we may post in connection with a particular Service or activity, you absolutely agree:
BKFK may, from time to time, make certain Services, such as messaging services, chat services, bulletin boards, message boards, blogs, other forums and other similar services available on or through the Site. In addition to that which is set forth above in the “Conduct of User” section, and in addition to any other rules or standards that we may post in connection with a particular Service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any of its Services, any materials or Content which:
You alone are responsible for the content and consequences of any of your activities.
BKFK reserves the right, but does not have an obligation, to monitor and/or review all materials posted by users to the Site or through the Services, and BKFK is not responsible for any such materials posted by users. However, BKFK reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in BKFK’s sole discretion are objectionable or in violation of these Terms and Conditions, BKFK’s policies or applicable law. We may also impose limits on certain features of the Services or restrict your access to part or all of the Services without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms and Conditions or applicable law, or for any other reason without notice or liability.
Please report any violations of these Terms and Conditions to our Customer Support department.
Copyright Infringement Claims:
BKFK respects the intellectual property of others, and we ask our users to do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to BKFK’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Please send your Notice of claims of copyright infringement to:Copyright Agent
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site or on Content displayed or available through the Site are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
The following Trademarks, which may be found on the Site, are property of BKFK Company:
BKFK may terminate, change, suspend or discontinue any aspect of the Site or the Site’s Services at any time. BKFK may restrict, suspend or terminate your access to the Site and/or its Services if we believe you are in breach of these Terms and Conditions or applicable law, or for any other reason without notice or liability. BKFK maintains a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights.
Use "As Is":
Your use of the Site, the Site’s Content and the Services is at your sole risk. The Site, the Site’s Content and the Services are provided on an "as is" and "as available" basis. BKFK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. You also understand and agree that BKFK assumes no responsibility for the timeliness, deletion, misposting, mis-delivery or failure to store any user communications or personalization settings.
BKFK makes no warranty that: (a) the Site, the Site’s Content or the Services will meet your requirements, (b) Site, the Site’s Content or its Services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Site, the Site’s Content or its Services will be accurate or reliable, (d) the quality of any products, Services, information, or other material which may be purchased, downloaded or otherwise obtained by you through the Site or any Services will meet your expectations, or (e) any errors in the software or any defects on the Site or in the Content or Services will be corrected. BKFK makes no, and expressly disclaims any, representations or warranties, express or implied, regarding the Site or any Services, including without limitation the accuracy, completeness, usefulness or reliability of text, graphics, links and other items accessed from or via this server or the Internet. BKFK also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
Individuals using the Site understand and agree that nothing on the Site shall constitute legal advice or counsel, and that the individual must seek the advice and services of competent legal counsel of proper jurisdiction to obtain any legal advice.
All materials, Content and resources presented on or accessed through the Site are provided by BKFK as a service to its visitors and readers and may be used for information purposes only. BKFK assumes no responsibility for errors or omissions in these materials. BKFK makes no commitment to update the information contained herein. No advice or information given by BKFK, its affiliates or their respective employees, agents or independent contractors, whether oral, written or otherwise obtained by you through the Site, shall create any warranty not expressly made herein, nor will it create any attorney-client relationship or other substantive business or advisory relationship.
You agree that you are responsible for evaluating, and you agree to bear, all risks associated with the use of any of the Site’s Content and Services, including any reliance on the accuracy, completeness, or usefulness of such Content or Services available to users of the Site. Consequently, you acknowledge that you may not rely on any Content created by BKFK or submitted to BKFK via the Site or the Services by third parties, including without limitation information that may be included in message boards, chat rooms, webzine articles, and in any other parts of the Site or Services.
In addition, because BKFK.com has the right, but not the obligation, to control and edit content provided by a third party prior to transmission on Site, or to remove inappropriate or unlawful content after transmission, third party postings may or may not be reviewed for truth or accuracy and do not represent the opinion, beliefs, or statements of BKFK.
BKFK, its officers, directors, employees, shareholders, successors or heirs (the “Protected Entities”) shall in no event be liable for any claims, damages or related expenses or liabilities, including but not limited to indirect, incidental, consequential, special, general, exemplary or punitive damages, arising from, or directly or indirectly related to: (a) the use of, or the inability to use, the Site, the Services or the Content, materials and functions relate thereto, your provision of information via the Site or any Services, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages; or (b) an actual or potential venture with, investment in, purchase of services or products from, or business financing arrangement with any entity that may have appeared on, offered goods or services through, or was contacted as a result of, Content on the Site or represented by BKFK, or for any misprints or inaccuracies that may be found to exist at Site.
All visitors to and users of the Site and the Services also agree that he/she shall not sue or impute a claim against a Protected Entity in respect of any expenses or liabilities. By using the Site or any of the Services, you expressly release BKFK, its officers, directors, employees, shareholders, successors or heirs from liability for any such claims, expenses or liabilities.
You agree to defend, indemnify and hold BKFK and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or any Services, your placement or transmission of any message, Content, information, software or other materials available on or through the Site or any Services, or your breach or violation of the law or of these Terms and Conditions. BKFK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with BKFK’s defense of such claim.
We control and operate the Site from our offices in the United States of America. We do not represent that materials or Content on the Site are appropriate or available for use in other locations. Persons who choose to access the Site or Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any information collected through this Site will be transferred to and processed within the United States of America.
Other Internet Web sites may freely provide hypertext or "Hot Links" to the home page of the Site, provided that they are not “deep” links (i.e., links other than to the home page of the Site), and provided further that they are not “framed,” surrounded or obfuscated by other non-BKFK content, materials or branding. We may insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other Web site at any time upon written notice to you.
These Terms and Conditions and the relationship between you and BKFK shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You and BKFK agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New York. All parties to these Terms and Conditions waive their respective rights to a trial by jury. The failure of BKFK to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or any Service or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.