Terms of Use

Terms of Use

Effective as of April 15, 2013.

Thank you for visiting the BabevilleBuffalo.com World Wide Web site (the “Site”). Access to this Site, the home page of which (the “Home Page”) is located at http://www.Babevillebuffalo.com, is offered to you, the individual user, by Babeville. (“Babeville”). These Terms and Conditions of Use (“Terms of Use”) govern your use of the Site.

This page contains our full User Agreement. You may wish to print this page for reference.

Limited use of the Site is offered to you by BabevilleBuffalo.com subject to, and conditioned upon your acceptance of, these Terms of Use. Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms of Use. Under these Terms of Use only, BabevilleBuffalo.com grants you a license to view and use the interactive features of this Site. If you do not agree to these Terms of Use, you are not an authorized user and should discontinue any use of the Site.

BabevilleBuffalo.com reserves the right to change or modify these Terms of Use at any time without notice to you. Please read these Terms of Use carefully, as you are bound to comply with the provisions herein.

1. OWNERSHIP AND INTELLECTUAL PROPERTY

1.1. Ownership. Babeville is the exclusive owner and proprietor of the Site. The Site Content and Site Code as they exist on the Site are offered to you by Babeville for limited use pursuant to these Terms and Use. “Site Content” means any and all human readable audio and/or visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site. “Site Code” means any and all underlying elements of this Site, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. Site Content and Site Code may sometimes be collectively referred to herein as the “Materials.”

1.2. Copyright. The Site Content and Site Code are owned by Babeville and are protected by applicable domestic and international copyright laws. All Rights Reserved. Unless expressly permitted elsewhere in the Site by Babevillt, you shall not copy, distribute, publish, modify transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Links to the Site, other than to the Home Page, are only permitted upon express permission from and arrangement with Righteous Babe. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

1.3. Trademark. Babeville, the Babeville and 9th Ward logos,BabevilleBuffalo.com are trademarks and service marks belonging to Babeville (the “Babeville Marks”). Any product, service, or trade name other than those owned by Babeville that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the Babeville Marks is strictly prohibited.

2. USE OF THE SITE, GENERAL TERMS

2.1 License. Babeville grants you a non-exclusive, non-transferrable, limited right and license to access and use this Site, and view and privately display the Site Content by way of one or more computers connected to the Site via IP networks only, and in strict conformity with these Terms of Use. You may “cache” pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site in the future and may download those Pictures that are available on the Site on a download basis. However, no other copy or use of any portion of the Site is permissible, and the same would constitute an act of copyright infringement. By way of example, and not limitation, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, create derivative works based upon any portion of the Site Content, link or forward any web address to this Site, copy, counterfeit or paste the Site Content to any other website or web page. You may not publicly display any portion of the Site, or any music or other audiovisual or digital works available at this Site, without a written license signed by a party authorized to legally bind Babeville to such a contractual arrangement. Any other use or exploitation of this Site, including the Site Content or Site Code, is strictly prohibited. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Materials from the Site. You agree that links to the Site are only permitted upon express permission from and arrangement with Babeville. You acknowledge and agree that modification of the Materials or use of the Materials for any other purpose is a violation of Babeville’s and possibly other third parties’ copyright and proprietary rights. You agree to use the Materials and this Site only for purposes which are lawful in every nation and jurisdiction in the world and all subdivisions thereof. If you violate any provision of these Terms of Use, your permission to use the Materials automatically terminates and you must immediately destroy any copy you may have of any of the Materials. Any other use or exploitation of this Site, including the Materials, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.

2.2 Non-Commercial/Personal Use Limitation. Babeville grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. You hereby agree not to use the Site, the Materials, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.

2.3 Nature of Services. Babeville offers its Site services for entertainment purposes only. Babeville does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, Babeville is not responsible for errors in or omissions from the information contained or accessed through the Site. ALL INFORMATION AND CONTENT ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

2.4 Reservation of Rights. Any rights not expressly granted by Babeville herein are reserved. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site Content, in whole or in part, without the prior written consent of a party authorized to bind Babeville, except as expressly permitted in these Terms of Use.
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