Terms of Use

Terms of Use

Last Updated: January 20, 2017

Welcome to the website (the “Site”) of Betsie Bay Media LLC (“Betsie Bay”, “we”, “us” or “our”). This Site is limited to users who are at least 18 years of age or older or of legal age of majority in his/her state of legal residence. Any person accessing or using the Site is referred to as “you”. These Terms of Use govern the use of the Site by you and are a legal agreement between you and Betsie Bay. By accessing or using our Site, you expressly agree to be bound by these Terms of Use and all other terms incorporated by reference. We reserve the right to revise these Terms of Use at any time in our discretion without prior notice to you. When we make revisions, we will post them on the Site and they will be effective immediately upon posting and will supersede all prior versions of these Terms of Use. Your continued use of the Site after the posting of any revisions shall confirm your acceptance of the modified Terms; therefore, you should periodically review these Terms of use to be aware of any changes. If you do not agree to all of these Terms of use, please do not use this Site.

Material Submission

By submitting an article or other material (collectively, “Material”) to the Site, you are granting us sole, irrevocable and unconditional discretion to publish your Material on the Site. We do not guarantee, however, that your Material will be published on the Site and we shall have the right, but no obligation, to publish your Material or any portion thereof on the Site, which Material shall be subject to our final edit and approval. We reserve the right, at our sole discretion, to remove or eliminate access to any Material on the Site, without notice to you or to any third party.

You understand and agree that you will in no way be compensated by us for your submission of any Material to our Site or for the publication of your Material on our Site. By submitting Material, you irrevocably grant us the non-exclusive, non-transferable, royalty-free, perpetual, worldwide rights to use, copy, reproduce, publish, edit, adapt, assign, distribute, have distributed, publicly and privately display, communicate, transmit, have transmitted, and/or create derivative works based upon, your Material or any portion thereof, without any payment or other consideration of any kind or permission or notification to you or any third party.

You represent and warrant that: (i) the Material you submit is your sole, original work, which has not been copied or otherwise plagiarized, in whole or in part, from any other source and, as of the date of submission, is not the subject of any actual or threatened litigation or claim; (ii) the Material does not and will not violate or infringe upon (nor is it at risk of infringing) any third party rights, including without limitation copyright, trademark rights, privacy rights (including portrayal in a false light), publicity rights, or other intellectual property rights; and (iii) the Material does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous.

Submitted Material must be fact checked by you, must be in compliance with our Submissions Policy and may not contain text or other material that is in any way unlawful, harmful, fraudulent, profane, hateful, abusive, harassing, racial, unethical, defamatory, libelous, pornographic, obscene or otherwise inappropriate, as determined by us in our sole discretion. This also includes, but is not limited to, Material which would provoke criminal conduct or violate any applicable local, state, national or international law. You are prohibited from accepting gifts or compensation of any kind, whether monetary or non-monetary, from anyone in exchange for your Material. We reserve the right to remove any Material which does not abide by our standards, without any notice given to you. We retain the right to terminate users without notice.

Access to and use of the Site

We do not guarantee that the Site, or any Materials on the Site, will always be available or uninterrupted. We make no warranty or representation of any kind that this Site or the relevant server which makes the Site available, are free from any viruses or any other harmful element. We will not be liable to you if, for any reason, the Site or any Material or content on the Site, is unavailable at any time or for any period. We reserve the right to suspend, change or terminate your use and access to our Site without notice. You agree you will not copy, transmit, distribute, reproduce or transfer any content or information which has been provided on the Site. You shall not do any of the following while using our Site: a) attempt to hack into either the Site or the server on which the Site is stored; b) post advertisements or solicit business; c) transmit spam or viruses or interfere with the use of the service in any way; or d) use another site in order to imply false affiliation with our Site.

We accept no responsibility for any content that is accessed through a link on our Site. We do not have any control over third parties. You agree that by accessing our Site that we are in no way liable for external services.

Intellectual Property Rights

The “Betsie Bay Media” name, brand, text, graphics, designs, and logos are protected under applicable copyrights and trademarks including intellectual property rights. Nothing in these terms grants you a license to use any of the above-mentioned rights owned by Betsie Bay Media. You may use this Site only for lawful and noncommercial purposes. Any use, copying, publication, reproduction, or redistribution of any Material found on this Site is strictly prohibited.

Your use of our Site may not infringe on the intellectual property rights of any third parties. You warrant that you will not publish any misrepresentations or falsehoods of us or any other third party. If a third party is mentioned in your Material, you represent and warrant that you have obtained the necessary written permission, licenses and consents to such use.

DMCA – COPYRIGHT COMPLAINT POLICY; INFRINGEMENT NOTIFICATION

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your Material has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2), named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • 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;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • 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.

Notices of claims of copyright infringement on the Site should be emailed or mailed to our designated Copyright Agent as follows:

shehyphenfiles@gmail.com with the subject “Copyright Infringement Notice”

We encourage you to consult an attorney before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys’ fees) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above and applicable law, including but not limited to the Digital Millennium Copyright Act of 1998.

REPEAT INFRINGERS

In accordance with applicable law, we have has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat copyright infringers. We may also limit or restrict access to the Site and/or terminate any users who are deemed by us to infringe any intellectual property rights of others, whether or not there is any repeat infringement, in our sole discretion.

Disclaimer of Warranties

This Site is provided to you on an “as is” and on an “as available” basis. We do not warrant the accuracy, completeness or usefulness of any information or Materials made available on the Site. This Site is for informational purposes only. We shall not be liable for any errors of information found on this Site. Betsie Bay’s employees, members, agents, licensors, subsidiaries, affiliates and any other respective member involved in producing or delivering this Site (collectively, the “Betsie Bay Parties”), disclaim all warranties of any kind, whether express or implied, to the fullest extent permissible by law, including but not limited to, implied warranties of fitness for a particular purpose, merchantability and non-infringement. We do not represent or warrant that the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site or the server that makes the Site available are free from viruses or anything else harmful. Further, except as expressly set forth in these Terms of Use, we make no warranties or representations about the accuracy, adequacy, usefulness, reliability, or completeness of the Site, products, services, content, the content of any third-party site linked to or from this site, user generated content, submissions, information, information provided by third party vendors, or any other items or materials on the Site or linked to from the Site.

We assume no liability or responsibility for any: (a) errors, mistakes or inaccuracies of the content, products, services, information, Site and Materials set forth on or made available through the Site, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site, Materials, services or any third party site(s), products or services, (c) any unauthorized access to or use of the servers that host the Site or any third party site(s) and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Site or third party site(s), (e) any bugs, viruses, trojan horses or the like, which may be transmitted to or through the Site or any third party site(s) by us or any third party, and/or (f) any errors or omissions in the network or any content, information and materials (including but not limited to third party site(s)) or for any loss or damage of any kind incurred as a result of the use of any of the foregoing.

Indemnification

You accept sole responsibility for your submissions and Materials. To the full extent permitted by law, you agree to defend, indemnify and hold harmless the Betsie Bay Parties from and against any and all claims, actions, suits, damages, losses, liabilities, demands, loss of use, or data, direct or indirect punitive or consequential damages, costs or expenses (including but not limited to, attorneys’ fees), arising from or in connection with: (a) your use of the Site; (b) any Material submitted, posted, or otherwise provided by you to the Site; and/or (c) your breach of any provision of these Terms of Use or any representation and warranty you provide herein. We reserve the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with us in asserting any and all available defenses.

Limitation of Liability

In no event shall the Betsie Bay Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, including, without limitation, damages for loss of use, data, revenue or profits, business interruption, or loss of business opportunity or goodwill, arising from or in connection with (a) the use of, or inability to use, the Site; (b) the provision of or failure to provide services, products, materials, content, or software available from, on or through the Site or any third-party site(s); or (c) the conduct of other users of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages. You assume complete responsibility for your use of the Site and submission of Material. Your sole remedy against the Betsie Bay Parties for dissatisfaction with the Site or any content is to stop using the Site. That said, if any of the Betsie Bay Parties are found to be liable to you for any damage or loss arising out of or which is in any way connected with your use of the Site, any content, or purchase of any products or services on or through the Site, the Betsie Bay Parties’ total liability shall not exceed $100.00 in the aggregate.

Some jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these jurisdictions, the above limitations or exclusions may not apply to you.

Jurisdiction, Choice of Law & Conflicts of law

These Terms of Use, and any other subject matter arising out of this agreement, shall be governed by, construed and enforced in accordance with the laws of the state of Colorado, without any regard to its conflict of laws rules. Any dispute arising under these Terms of Use shall be resolved exclusively by the state and/or federal courts of the state of Colorado. By using the Site, you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use and/or your use of the Site and/or submission of Material and you waive any claim of forum non conveniens or lack of personal jurisdiction that you may have.

Severability

If, for any reason, any provision of these Terms of Use is deemed unenforceable or invalid, then such provision shall be modified or eliminated to the most minimum extent necessary. The remainder of the provision, including any additions or revisions, shall remain in full force and effect. Our failure to enforce strict performance or compliance by you of any provision of these Terms shall not be construed as a waiver of any provision or right.

These Terms of Use contain the entire understanding between you and us with respect to your use and access of this Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site.

IF YOU DO NOT AGREE TO ABIDE BY ALL THE PROVISIONS LISTED ABOVE, PLEASE DO NOT USE THIS SITE.