Last Revised on January 15, 2020
- post or submit any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- create a false identity or impersonate any person;
- use the Website or Online Services in any manner that violates any law;
- distribute or submit unsolicited or unauthorized advertising, promotional;
- distribute or submit unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
- attempt to, or harass, abuse, harm or bully another person or user;
- provide false or inaccurate information to Baotris;
- interfere with the proper working of the Website or the Online Services; transmit or submit any transmission or other materials that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Website or the Online Services;
- access, download, monitor, or copy any information contained on our Website or the Online Services through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process), or in any way reproduce or circumvent the navigational structure or presentation of the Website or the Online Services or any content, to obtain or attempt to obtain any content, materials, documents or information through any means not purposely made available through the Website or the Online Services; or
A violation of any of the foregoing is grounds for termination of your right to use or access the Website or the Online Services.
Without limiting Section 4, all Baotris graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks, service marks or trade dress of Baotris or its licensor’s in the U.S. and/or other countries (collectively, the “Baotris Marks”). Baotris trademarks and service marks include, but are not limited to, the following: “Baotris”. The Baotris Marks may not be used in connection with any product or service without the prior written consent of Baotris. You may not use the Baotris Marks in connection with any product or service in any manner that is likely to cause confusion or create the impression that Baotris endorses any product or service. Any other trademarks, service marks, logos and/or trade names appearing via the Website or the Online Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
The Website may contain links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video ,information, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on or available through the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by Baotris. If you decide to leave the Website and access the Third Party Websites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from any such website.
The Website and any Online Services may be unavailable from time to time for maintenance or other reasons. Baotris shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, any Online Services or any other content made available via the Website.
ANY USE OF THE WEBSITE OR THE ONLINE SERVICES, INCLUDING ANY RELIANCE UPON OR USE OF ANY OF THE INFORMATION THEREIN, SHALL BEAT YOUR SOLE RISK. ALL CONTENT AND INFORMATION CONTAINED WITHIN THE WEBSITE AND THE ONLINE SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLESTEXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BAOTRIS DISCLAIMS ALLWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, USEFULNESS, COMPLETENESS, RELIABILITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. BAOTRIS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE WEBSITE OR THE ONLINE SERVICES, OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE OR THE ONLINESERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, REGISTRATION INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. BAOTRIS DOES NOT WARRANT, ENDORSE, GUARANTEE ORASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR THE ONLINE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND BAOTRIS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS EXPRESSLY PROVIDED HEREIN. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
WITHOUT LIMITING THE FOREGOING, NEITHER BAOTRIS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE OR THE ONLINE SERVICES WILL BE UNINTERRUPTED OR THAT THE WEBSITE OR THE ONLINE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE ONLINE SERVICES. NEITHER BAOTRIS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE OR THE ONLINE SERVICES IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. NEITHER BAOTRIS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER. SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALLOF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL BAOTRIS OR ANY OF ITS LICENSORS OR INFORMATION PROVIDERS, INCLUDING, WITHOUT LIMITATION, EACH OF THE FOREGOING’S DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, HAVE ANY LIABILITY IN CONNECTION WITH THE WEBSITE OR THE ONLINE SERVICES OR ANY INFORMATION PRESENTED IN THE WEBSITE OR THE ONLINE SERVICES FORANY LOSS OF PROFIT, REVENUE, GOODWILL, USE, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS OR LOST DATA, OR FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF THE WEBSITE OR THE ONLINE SERVICES, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, IN EACH CASE ARISING UNDER ANY THEORY, INCLUDING UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF BAOTRIS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, BAOTRIS SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN RELATION TO THE DISCLOSURE OR DISPLAY OF ANY CONTENT YOU SUBMIT TO THE WEBSITE OR THE ONLINE SERVICES OR FROM ANY INTERACTIONS WITH BAOTRIS OR ANY OTHER USE OF THE WEBSITE OR THE ONLINE SERVICES.
IN NO EVENT SHALL BAOTRIS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED U.S. $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some states do not allow the exclusion or limitation of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you have a dispute with one or more Users or any other third party resulting from or arising out of or in connection with your use of the Online Services or Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees)from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
If you do not want to arbitrate disputes with Baotris and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org
within 30 days of the day you first access or use the Online Services.
If you intend to seek arbitration you must first send written notice to Baotris of your intent to arbitrate (“Notice”). The Notice to Baotris should be sent to email@example.com. The Notice must (x) describe the nature and basis of the claim or dispute; (y) set forth the specific relief sought; and(z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you. The arbitration will be conducted by the International Institute for Conflict Prevention and Resolution (“CPR”), in accordance with the CPR Rules for Administered Arbitration. The CPR Rules for Administered Arbitration are available at www.cpradr.org
or by calling 1-212-949-6490
Except as otherwise provided for herein, Baotris will pay all CPR filing, administration and arbitrator fees. If, however, the arbitrators find that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the CPR Rules. In such case, you agree to reimburse Baotris for all monies previously disbursed by us that are otherwise your obligation to pay under the CPR Rules.
If you download and use the Baotris application on your own platform or service, the terms of Baotris’ Data Processing Agreement (“DPA”) shall apply solely to the processing of personal data or personal information by Baotris on your behalf, to the extent required under the EU General Data Protection Regulation (Regulation (EU) 2016/679, or “GDPR”) or the California Consumer Privacy Act(“CCPA”).
Baotris controls and operates the Website and the Online Services in the United States. Baotris makes no representation that contents in the Website or the Online Services may be downloaded, viewed or are appropriate for use outside the United States. If you access or otherwise use the Website or the Online Services or its content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them inwriting at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210
Termination of Repeat Infringer Accounts.
Baotris respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Baotris has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Online Services or the Website who are repeat infringers. Baotris may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions. DMCATake-Down Notices.
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to Baotris’ designated copyright agent at firstname.lastname@example.org
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that Your Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in Your Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Baotris and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Baotris copyright agent, Baotris may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Baotris’ discretion) be reinstated on the Website in 10 to 14 business days or more after receipt of the counter-notice.
. Such notices will be deemed delivered upon receipt.