Effective Date: August 1, 2022
Age Restriction. You must be at least 18 years old to be a registered user of our Service, or to create and maintain a b-present Individual Site.
Registration Information. When you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete.
Password Security. As a registered user, you choose a unique password. You may not use the password of any other person to access the Service. You are responsible for maintaining the confidentiality of your password and may not let any other person use it to access the Service. You are solely responsible for the activities of anyone accessing the Service using your password, even if the activities were not authorized by you. You must notify us at [email protected] immediately of any unauthorized use of your password. In addition, if you believe or suspect your password has been compromised, you must promptly change your password using the functionality provided in the Service.
Individual b-present Sites
The privacy of the Individual Site is accessible “By Invitation Only.”
Discoverability: How People Find Your Site
b-present has no way of knowing and will not be responsible or liable if the individual accessing an Individual Site obtained access through improper means. In addition, individuals using our Service must understand that the Internet is inherently insecure, and no website operator can guarantee that a website is secure. b-present does not warrant that our Service, Site, or Individual Site is secure or “hackerproof.” You use our Service solely at your own risk.
Community Guidelines and Submission Restrictions
Respect is a priority in the b-present community. Your interactions on the Service, including on Individual Sites, should be courteous and respectful and should refrain from inflammatory and defamatory comments, as well as personal attacks, taunting and general disrespect. Whether creating and maintaining an Individual Site on behalf of yourself or another person, visiting and posting to an Individual Site created by someone else, creating a member profile, or otherwise or posting on the Service, you may be posting a variety of content, including without limitation text, graphics, photographs, information, links and other material (“Submissions”). You may not post Submissions that:
- Violate any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
- Are harmful, hateful, threatening, abusive, harassing, defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically or otherwise objectionable or offensive; inappropriate or inflammatory;
- You know (or reasonably should know) are false, deceptive or misleading;
- Contain information that could be used for identity theft purposes, such as social security numbers, credit card, bank account or other financial information, driver’s license numbers, security codes or passwords;
- Contain private or sensitive information about any other individual, such as information about that person’s sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, physical or mental health conditions, or other sensitive matters, without first obtaining that person’s express permission;
- Contain the image, name, or likeness of anyone other than yourself, unless you have first obtained that individual’s express permission;
- Link to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions;
- Violate any applicable local, state, national, or international law; or
- Are inconsistent with the values or the spirit of the b-present community.
License to Use Your Submissions. By posting Submissions on our Service, you are granting b-present a non-exclusive, worldwide, full paid-up and royalty-free, fully assignable, transferable and sub licensable license to use, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known.
Submissions Do Not Reflect the Views of b-present. The Submissions posted on our Service by any person, regardless of that person’s affiliation or non-affiliation with b-present, reflect only the opinions of the person posting the Submission.
Copyright Ownership. You, and you alone, are legally responsible for your Submissions. If any part of your Submission is not your original work, it is your responsibility to obtain permission from the copyright owner before you post your Submission. If you think any content or Submission violates your intellectual property rights, please review our Copyright and DMCA Take-Down Section below.
Under no circumstances shall b-present or its sponsors be liable in any way for any submissions posted on or made available through an individual site by you or any other user. We do not control, have no obligation to monitor, and are not responsible for what users post on or through our Service and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal Submissions you may encounter on our Service or in connection with your use of our Service.
Restrictions on Use of the Service
You may not post, email or make available any content or use this Service:
- To engage in spamming, commercial activities, advertising of illegal or controlled products, or otherwise violate the law;
- In a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities;
- To interfere or attempt to interfere with the proper working of this Service or prevent others from using this Service, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Service, or that otherwise negatively affects other persons’ ability to use this Service;
- In a manner 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;
- To use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy this Service or the content contained therein; or
- Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the b-present infrastructure.
Submission of Ideas. By submitting Ideas (defined as feedback, suggestions, inventions, conceptions or ideas) to b-present, you are granting to B-present and its designees a perpetual, irrevocable, worldwide, non-exclusive, fully-paid up and royalty free, fully assignable, transferable and sublicensable license to use, exploit, modify, improve, copy, distribute, display or perform publicly (including, in the case of sound recordings, to perform publicly in digital audio transmission), prepare derivative works of the Ideas you submit (and all rights therein), without restrictions of any kind, without any payment or other consideration of any kind, without notification to you or any third party, and without attribution, throughout the universe and in any form, format or medium now or hereafter known, and to authorize others to do the same. The term “Ideas” does not include any Submission you post on an Individual Site. This license includes the right to reduce to practice, make, have made, use, import, export, sell, and offer to sell products and services incorporating, embodying, or using the Ideas (including, to the extent reasonably necessary, any ideas underlying the Ideas) and to authorize others to do the same.
b-present does not wish to receive confidential or proprietary ideas. All Ideas submitted to B-present through our Service shall be considered non-confidential and non-proprietary.
Copyright and DMCA Take-Down
Violation of Copyrights/Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately of any copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:
- A description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
- A description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material;
- Enough information to permit us to contact you, such as, your name, address, telephone number and, if available, email address;
- A statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
- A statement that all of the information you have provided is accurate; and
- A statement made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Your notice must be signed (physically or electronically) and must be addressed as follows:
Abby Westerman, CEO
7875 Highland Village Pl, STE B102-215
San Diego, CA 92129
Any notification by a copyright owner or a person Authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon b-present actual knowledge of facts or circumstances from which infringing material or acts are evident.
Right to Modify or Discontinue Service and Sites
b-present reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, the Site or Individual Sites (or any part thereof) with or without notice. b-present shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or Individual Sites.
Special Terms for Special Features of the Service
Linked Sites and Social Media
As a charitable 501(c)(3) organization, b-present may invite users to provide charitable donations to b-present. Donations ensure families can use b-present free of charge. b-present will inform users of the opportunity to donate through the Service, within email communications and within direct mail letters. You can sign up for these emails from us on our site. Out of respect for your privacy, you must opt in to receive these types of communications.
From time to time, users will post information on an Individual Site to let other users know how they can contribute money to help someone in need. Our concern is that some of these requests for help may be fraudulent, and our users may be deceived. We cannot review every posting on every Individual Site and have no way of policing these requests or determining their authenticity. Accordingly, we urge you not to respond to any such fundraising requests that may be posted on an Individual Site unless you are absolutely certain, from firsthand knowledge, that the request is legitimate and that your donation will be used in the manner you intend. b-present will not be responsible or liable, directly or indirectly, for any losses or damages caused or alleged to be caused in connection with your response to any solicitation contained on any individual site. We also want to remind you that contributions made in response to such solicitations posted on Individual Sites are not contributions to B-present and may not be tax deductible.
Disclaimer of Warranties
b-present makes no representations or warranties whatsoever with respect to this service, any content (including user submissions) on this service, or any product or service promoted through this service. This service and all of its content are provided “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, b-present disclaims all warranties, expressed or implied, arising by statute, custom or course of dealing, course of performance or in any other way, including without limitation implied warranties of title, non-infringement, merchantability, and fitness of a particular purpose. Without limiting the generality of the foregoing, b-present does not make any representations or warranties as to the accuracy, correctness, reliability, completeness or usefulness of any content appearing on this service.
Limitations of Liability
Under no circumstances, shall b-present, or its sponsors, licensors, or service providers, or any of its or their respective shareholders, directors, officers, employees or agents (collectively, the “released parties”), be liable to you or any third party claiming through you for any losses or damages arising out of or in connection with this service, its content (including user submissions), any products or services made available through this service, or your use of or inability to use this service, including any loss or damage due to viruses that may affect your computer equipment, software, data or other property on account of your use of this service or your downloading of any material from this service.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether direct, indirect, general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income, or profits), whether the claim is based on contract, tort (including negligence), strict liability or any other legal theory, even if an authorized representative of b-present or another released party has been advised of or should have known of the possibility of such damages, and without regard to the success or effectiveness of other remedies.
If any part of this limitation of liability is found to be invalid, illegal or unenforceable for any reason, then the aggregate liability of b-present, its sponsors, licensors, and service providers, and its and their respective shareholders, directors, officers, employees and agents, under such circumstances to you or any person or entity claiming through you for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100.00). Some jurisdictions do not allow the exclusion of liability for certain types of damages. Accordingly, some of these limitations of liability may not apply to you. Nothing in these terms and conditions shall limit or exclude liability for losses or damages which may not be lawfully excluded or limited by applicable law.
Choice of Law, Jurisdiction and Venue
Statute of Limitations
General Term Disclosures
Or via post:
7875 Highland Village Pl, STE B102-215
San Diego, CA 92129