Terms of Service

Last updated June 24, 2015

  • ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE – www.battlebornprogress.org (“Site”) is owned and operated by Battle Born Progress (BBP), a Nevada Corporation. Services offered on the Site (“Services”) are provided to you (“Member”) under the terms and conditions of this BBP Terms of Service agreement and any operating rules or policies that may be published by BBP from time to time (collectively, “TOS”). The TOS comprise the entire agreement between Member and BBP and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY USING THE SITE, MEMBER CONFIRMS MEMBER’S AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS.
  • DESCRIPTION OF SERVICES – Services include various publishing and community services, including but not limited to the capability to post information to a web page and participate in web-based discussions. The Services are free of charge and are provided by BBP to Member at BBP’s sole discretion.
  • MODIFICATIONS TO TERMS OF SERVICE – BBP reserves the right to change the terms and conditions of these TOS from time to time. If BBP makes substantive changes to the TOS, BBP will post a prominent announcement on the Site and post the changes to this page. When we post changes to these TOS, we will revise the “last updated” date at the top of this page. Member’s use of the Site after notice of such modifications shall confirm Member’s agreement to be bound by the most current version of the TOS.
  • MODIFICATIONS TO, OR TERMINATION OF, SERVICES –BBP reserves the right to modify, terminate, or discontinue the Services with or without notice to Member. BBP shall not be liable to Member or any third party should BBP modify, terminate, or discontinue the Services. In the event BBP terminates or discontinues Services, Member acknowledges and agrees that BBP has no obligation to provide Member with access to any information about Member that was on the site at the time of termination, including, but not limited to, information from Member’s profile, a list of Member’s contacts, or any other content that has been added to the Site by Member or anyone else.
  • Non-Commercial Use – The Site is for the personal use of Members and may not be used in connection with any commercial activities except those that are specifically endorsed or approved by BBP. Illegal and/or unauthorized use of the Site, including collecting names and/or email addresses of users of the Site by electronic or other means for the purpose of sending unsolicited email or unauthorized linking to the Site will be subject to investigation. Appropriate legal action will be taken by BBP for any illegal or unauthorized use of the Site.
  • Comments by Users of the site are not Endorsed by BBP – BBP does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted by users of the Site. Nor does BBP make any warranties with respect to any comments, opinions or statements posted by users of the Site. Any information or material posted on the Site by users, including advice and opinions, are the views and responsibility of those individual users who post the statements and do not necessarily represent the views of BBP.
  • WEB LINKS – BBP may provide links to third party web sites, and other web sites may provide links to the Site. Third party web sites operate according to their own terms of use and privacy policies. BBP has no control over such third party web sites, and by using the Site, Member acknowledges and agrees that BBP is not responsible for the availability of such third party sites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites. Member further acknowledges and agrees that BBP 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 content, advertising, products, or other materials on or available from such sites.
  • MEMBER ACCOUNT, PASSWORD, AND SECURITY – After Member becomes a member of the Site, Member shall receive a password and an account. Member is entirely responsible if Member does not maintain the confidentiality of the password and account. Furthermore, Member is entirely responsible for any and all activities which occur under such account. Member may change his or her password at any time (to do so, go to the team area of any blog Member is a member of, click on Member’s name and then “edit profile”). Member may also set up a new account and close an old one at Member’s convenience.

Member agrees to immediately notify BBP of any unauthorized use of Member’s account or any other breach of security known to Member.

  • MEMBER Conduct on the Website – In order for this Site to be enjoyable for all users, Member agrees not to use the Site and/or Services for any inappropriate, improper or illegal purpose. In addition, Member agrees to use the Site’s bulletin board services, chat areas, news groups, communities and/or message or communication facilities only to post content and/or send and receive messages and material that is proper and related to that particular forum.       If Member chooses a username that, in BBP’s sole discretion, is inappropriate, BBP reserves the right, without prior notice to Member, to automatically change Member’s username, delete Member’s posts from the Site and/or Services, deny Member access to the Site and/or Services, or any combination of these options.

Member is solely responsible for the contents of his or her transmissions through the Services and/or the Site. Member’s use of the Services and the Site is subject to all applicable local, state, national and international laws and regulations.

Member agrees: (1) to comply with all applicable laws regarding the transmission of technical data exported from the United States through the Services; (2) not to use the Services and/or the Site for illegal purposes; (3) not to interfere or disrupt networks connected to the Services and/or the Site; and (4) to comply with all regulations, policies and procedures of networks connected to the Services and/or the Site.

The Services and the Site make use of the Internet to send and receive certain messages; therefore, Member’s conduct is subject to Internet regulations, policies and procedures. Member will not use the Services or the Site for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

Member agrees not to transmit through the Services and/or the Site any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

Member shall not interfere with another Member’s use and enjoyment of the Services or the Site or another entity’s use and enjoyment of similar services.

  • NO RESALE OF THE SERVICES – Member agrees not to sell any portion of the Services or access to the Site to others.
  • STORAGE AND OTHER LIMITATIONS – BBP assumes no responsibility for the deletion or failure to store information entered into BBP.
  • License to Content – Member hereby grants to BBP a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display, in whole or in part, any message you post on the Site and/or any email sent by you to BBP and/or to incorporate it in other works in any form, media or technology now known or later developed.
  • Proprietary Rights of BBP– BBP owns and retains all proprietary rights in the Site and Services offered on or in connection with BBP or the Site. The Site contains copyrighted material, trademarks, and other proprietary information including text, software, photos, video, graphics, music and sound.       BBP owns the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in all content original to it. Each third party content provider owns the copyright in content original to it. Except for that information which is in the public domain or for which Member has been given written permission by BBP or the copyright owner, you may not copy, modify, publish, transmit, distribute, perform, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Site or any portion thereof.
  • Copyright Policy – Member may not distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owners of such proprietary rights.       BBP may, in appropriate circumstances and at its sole discretion, suspend or terminate Member’s use of the Site and take other actions against any user who infringes the copyright rights of others.
  • NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT – If a user of the Site believes that the user’s work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes a user’s copyright rights, the user may notify PNN by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to BBP’s copyright agent set forth below:
  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BBPto locate the material;
  • Information reasonably sufficient to permit BBP to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Copyright Agent:

[Annette Magnus]

Battle Born Progress

2657 Windmill Pkwy #619

Henderson, NV 89074

Phone Number: 702-900-3665

Email address: info@battlebornprogress.org

 

Note: Copyright complaints should be sent to the Copyright Agent identified above.

 

We may give notice of a claim of copyright infringement to our users by means of a general notice on any BBP Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records.

  • DISCLAIMERS – BBP IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICES, WHETHER CAUSED BY USERS OF THE SITE, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE AND/OR SERVICES PROVIDED. BBP IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE AND/OR SERVICES PROVIDED. BBPASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY MEMBER OR SITE USER COMMUNICATION. BBP IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR THE SITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE AND/OR THE SERVICES. UNDER NO CIRCUMSTANCES SHALL BBPBE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR THE SERVICES OR FROM ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS OF THE SITE, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE AND/OR THE SERVICES PROVIDED, WHETHER ONLINE OR OFFLINE. THE SITE AND THE SERVICES ARE PROVIDED “AS-IS” AND BBPEXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BBPCANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES.
  • Limitation on Liability – IN NO EVENT SHALL BBP NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO MEMBER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM MEMBER’S USE OF THE SITE OR SERVICES, EVEN IF BBP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PNN’S LIABILITY TO MEMBER FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY MEMBER TO BBP FOR PARTICIPATION ON THE SITE AND/OR USE OF THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND/OR LIABILITY FOR PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO MEMBER.

  • Indemnity – Member agrees to indemnify and hold BBP, its parents, subsidiaries, affiliates, officers, directors and other partners, employees and service providers, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Member’s use of the Site or Services in violation of the TOS and/or arising from a breach of the TOS, or the infringement by Member, or other user of the Site or Services using Member’s computer or account, of any intellectual property or other rights of any person or entity.
  • TERMINATION – Either Member or BBP may terminate the Services with or without cause at any time, effective immediately. BBP shall not be liable to Member or any third party for termination of Services. Member’s only recourse hereunder for any claim against BBP is to immediately discontinue use of the Services.

Upon termination of the Services, Member’s right to use the Site and Services immediately ceases. Member shall have no right and v will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.

  • NOTICE – All notices to a party shall be in writing and shall be made either via email or conventional mail. BBP may broadcast notices or messages through the Services to inform Member of changes to the TOS, the Services, or other matters of importance; such broadcasts shall constitute notice to Member.
  • JURISDICTION AND VENUE – The TOS shall be governed by and construed in accordance with the laws of the State of Nevada without regard to its rules of conflict of laws. Each of BBP and the Member hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Nevada, in the City of Las Vegas and County of Clark, or, if under applicable Law, exclusive jurisdiction is vested in federal courts, then of the United States of America located in the District of Nevada (collectively, the “Nevada Courts”) for any litigation arising out of or relating to the TOS and the Services (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the Nevada Courts and agree not to plead or claim in any Nevada Court that such litigation brought therein has been brought in an inconvenient forum.
  • MISCELLANEOUS – If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. BBP’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BBP in writing. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.