Terms of Use

ACCEPTANCE OF TERMS

Welcome to BIBAK SE’s’ public Website. BIBAK SE’s (BIBAK SE) provides its service to you, subject to the following Terms of Service (TOS), which may be updated from time to time without notice to its users. When using particular site services, users and BIBAK SE shall be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TOS.

DESCRIPTION OF SERVICE

BIBAK SE currently provides users with access to a rich collection of online resources, including various communications tools, online forums, shopping services, and personalized content through its network of properties (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BIBAK SE properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that BIBAK SE assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

In order to use the Service, you must obtain access to the World Wide Web (WWW), either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the WWW, including a computer and modem or other access device.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or BIBAK SE has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, BIBAK SE has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. BIBAK SE is concerned about the safety and privacy of all its users, particularly youth.

BIBAK SE PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy.

MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“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 BIBAK SE, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. Whereas BIBAK SE does control the Content posted via the Service and, as such, BIBAK SE cannot always guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will BIBAK SE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.

You agree to not use the Service to:

a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, a BIBAK SE official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;

g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

h. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

j. intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

k. “stalk” or otherwise harass another user; or

l. collect or store personal data about other users.

You acknowledge that BIBAK SE does pre-screen some Content, and that BIBAK SE and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, BIBAK SE and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BIBAK SE or submitted to BIBAK SE, including without limitation information in the Alumni section and in all other parts of the Service.

You acknowledge and agree that BIBAK SE may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property or personal safety of BIBAK SE website, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

BIBAK SE does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant BIBAK SE the following world-wide, royalty-free, and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of BIBAK SE’s Website, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service will be used solely for the purposes of providing and promoting BIBAK SE to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or BIBAK SE removes such Content from the Service.

With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service will be used solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or BIBAK SE removes such Content from the Service.

With respect to Content other than photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of the Service, BIBAK SE holds the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

“Publicly accessible” areas of the Service are those areas of the BIBAK SE network of properties that are intended by BIBAK SE to be available to the general public. By way of example, publicly accessible areas of the Service would include portions of the national Website that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of the BIBAK SE Website that are limited to members only, BIBAK SE services intended for private communication such as private electronic mail or areas off of the BIBAK SE network of properties such as portions of World Wide Web that are accessible through BIBAK SE network of Websites, but are not hosted or served by BIBAK SE.

INDEMNITY

You agree to indemnify and hold BIBAK SE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service or access to the Service.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that BIBAK SE may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on BIBAK SE’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BIBAK SE has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BIBAK SE reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BIBAK SE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

MODIFICATIONS TO SERVICE

BIBAK SE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BIBAK SE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

TERMINATION

You agree that BIBAK SE, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if BIBAK SE believes that you have violated or acted inconsistently with the letter or spirit of the TOS. BIBAK SE may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BIBAK SE may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that BIBAK SE shall not be liable to you or any third party for any termination of your access to the Service.

LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BIBAK SE has no control over such sites and resources, you acknowledge and agree that BIBAK SE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BIBAK SE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.

BIBAK SE PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by BIBAK SE or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

a. Your use of the service is at your sole risk. The service is provided on an “as-is” and “as-available” basis. BIBAK SE expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

b. BIBAK SE makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.

c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

d. No advice or information, whether oral or written, obtained by you from BIBAK SE or through or from the service shall create any warranty not expressly stated in the “TOS.”

LIMITATION OF LIABILITY

You expressly understand and agree that BIBAK SE shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if BIBAK SE has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

EXCLUSIONS AND LIMITATIONS

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 above limitations of sections 16 and 17 may not apply to you.

NOTICE

Notices to you may be made either via email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

TRADEMARK INFORMATION

BIBAK SE, the BIBAK SE logo, and product and service names are trademarks of BIBAK SE (the “BIBAK SE Marks”). Without prior permission from BIBAK SE, you agree not to display or use in any manner the BIBAK SE Marks.

COPYRIGHTS AND COPYRIGHT AGENTS

BIBAK SE 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 BIBAK SE Copyright Agent the following information (“Notice”):

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. a description of the copyrighted work that you claim has been infringed;

c. a description of where the material that you claim is infringing is located on the site;

d. your address, telephone number, and email address;

e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

BIBAK SE’s Copyright Agent for Notice of Claims of copyright infringement can be reached as via Contact Us form.

GENERAL INFORMATION

The TOS constitute the entire agreement between you and BIBAK SE and govern your use of the Service, superceding any prior agreements between you and BIBAK SE. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and BIBAK SE shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You and BIBAK SE agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Jackson, state of Missouri, United States. The failure of BIBAK SE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

VIOLATIONS

Please report any violations of the TOS by contacting BIBAK SE’s via our Contact Us form.