BETedu Terms of Use

Effective: August 20, 2009

BETedu Terms of Use

Welcome to MyBETedu.com, a website sponsored by Black Entertainment Television LLC (”BET”). In order to keep MyBETedu.com (the “Site”) a healthy, vibrant online community, we have adopted the following Terms of Use, which are applicable to everyone accessing and using the Site.

YOUR USE OF OR ACCESS TO THE SITE CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF USE THEN IN EFFECT. IF YOU DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS OF USE, PLEASE DO NOT USE THE SITE. The Site reserves the right to alter these Terms of Use without advance notice by posting revised Terms. A current version of these Terms of Use will always be available at this location.

General Audience Site.

THE SITE IS A GENERAL INTEREST SITE NOT INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE. THEREFORE, PERSONS UNDER 13 YEARS OF AGE ARE NOT PERMITTED TO REGISTER FOR ANY SERVICE ON THE SITE.

Interactive Services.

The Site may provide an opportunity for users to exchange information, ideas and opinions, including but not limited to, chat, instant messaging, blogs, personalized web pages or other social networking communications tools (”Profiles”), and other services provided by the Site (collectively, the “Service(s)”).

Any information, advice (such as legal and financial advice), ideas and opinions appearing on the Site do not necessarily reflect the views of the Site or BET. The Site does not assume responsibility or accept liability for the content, accuracy, truthfulness or reliability of information, advice, ideas and opinions appearing on the Site, or for any claims, damages or losses resulting from the dissemination or use of any information, advice, ideas and opinions appearing on the Site. You assume full responsibility and you assume all risk for the use of the Service, and you are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, communications, and other information. All communications between users are at the user’s sole control and risk. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to this Agreement. You understand and agree that the Service is provided “AS-IS” and that the Site assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, Profiles or personalization settings.

You specifically agree that the Site is not responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that the Site is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the Site is not responsible for any content sent using and/or included in the Service by any third party. Although we are not required to monitor or edit the interactive portions of the Site, we reserve the right to do so and to delete any content provided by a user. The Site is not responsible for any failure or delay in removing inaccurate or harmful content.

Third Party Websites and Content.

The appearance of external hyperlinks does not constitute endorsement by the Site or BET or their respective subsidiaries and affiliates, of the opinions or views expressed by these linked websites and the Site does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in such sites. To the extent that these sites collect personal information (the “Information”) or Submission(s) from the user, be advised that in no event shall the Site assume or have any responsibility or liability for the manner in which the Information or Submission(s) are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. The Site will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.

Community Standards and Submissions.

You agree that your use of the Service is subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of your transmissions through the Service.

In order to maintain tolerant and thoughtful interaction, the Site expects you to respect the rights and dignity of others. Accordingly, you may not:

Harass, intimidate, or threaten another user; victimize, degrade, or intimidate an individual or group on the basis of race, ethnicity, gender, sexual orientation, religion, age, or disability; interfere with another user’s rights to privacy (including by harvesting or collecting information about Site users); distribute junk or bulk e-mail, chain letters, surveys, contests, lotteries, or any other form of unauthorized solicitation; post to the Site any material that is defamatory, fraudulent, tortious, profane, obscene or indecent including, but not limited to, nude photos of yourself or others or pornographic photos or images; post to the Site any trademarks, logos, trade secrets, or copyrighted material that you aren’t authorized to post; post to the Site any virus, worm, Trojan Horse, or any other computer code, file, or program that may or is intended to damage the operation of any hardware, software, or telecommunications equipment; advertise or offer to sell or buy any goods or services for any non-personal purpose without the approval of the Site; impersonate any person or entity, including, but not limited to, a Site official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any transmissions through the Service; try to gain unauthorized access to the Service, other user accounts, or computers connected to the Service through password mining or other means; and violate any applicable laws or regulations, including, but not limited to, laws regarding the transmission of technical data or software exported from the United States through the Service.

To the extent that portions of the Site provide users an opportunity to submit, post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (hereafter, the “Submission(s)”), please be advised that Submission do not necessarily reflect the views of the Site. In no event shall the Site assume or have any responsibility or liability for any Submission or for any claims, damages or losses resulting from their use and/or appearance on the Site.

By posting a Submission, you automatically grant the Site an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, prepare derivative works of, reformat, translate, excerpt (in whole or in part), and distribute such Submission in whole or in part for any purpose, in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature without any obligation to compensate you or anyone else.

By posting a Submission, you represent and warrant that you have all necessary rights in such Submission and all information contained therein and that such Submission does not contain libelous, tortious, or otherwise unlawful information that may infringe upon the right of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. If your Submission incorporates the name, voice, likeness or image of any individual, you represent and warrant that you have the right to grant the Site permission to use such name, voice, likeness and/or image of such individual appearing in the Submission in all media throughout the world in perpetuity.

Without limiting the foregoing, the Site will have the right to delete, use and change the Submission in any manner that the Site may determine. Please be advised that in no event shall the Site assume or have any responsibility or liability for the manner in which the Submission is exploited or for any claim, damages or losses resulting from their use and/or appearance on the Site, BET’s websites, affiliated television programming services or elsewhere. Please also understand that your Submission shall not be returned by the Site.

You agree to defend, indemnify and hold the Site and BET, and their respective parents, subsidiaries, affiliates, and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.

Notwithstanding the foregoing, you acknowledge that any Submission that you post on the Site is available to the general public, and you therefore waive any and all potential claims relating to, among other things, privacy, defamation or false light.

The Site reserves the right to highlight, categorize or otherwise bring attention to in any manner that the Site deems appropriate in its sole discretion to any Profile you may create. The Site reserves the right to eliminate any Profile it deems, in its sole discretion, to be offensive, inappropriate or otherwise inconsistent with these Terms of Use, the Privacy Policy, or the rights and interests of BET, the Site community, sponsors and business partners. You acknowledge that certain technical processing of your messages and their content may be required to:

  1. Send and receive messages;
  2. Conform to connecting networks’ technical requirements;
  3. Conform to the limitations of the Service; or
  4. Conform to other similar requirements.

You acknowledge that such processing and alteration are automated and do not constitute the exercise of editorial control over the messages or the monitoring of message content. You agree that the Site may access your account, including its contents, as stated above or to respond to service or technical issues.

The Site reserves the right to set limits on the number of messages you may send or store. You agree that the Site has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that the Site reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the Site reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice.

Additional Services.

The Site may offer special Services, including, without limitation downloadable software and content for your private (non-commercial) use from time to time. You may not resell or make any commercial use of these Services, downloads, or software. All of these additional services are conditioned on your acceptance without modification of these Terms of Use.

Any software, including but not limited to, widgets (”Software”) that is made available to download from the Service, is the copyrighted work of the Site, BET or its suppliers. Except as expressly authorized by the Site or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Your use of the Software is governed by these Terms of Use and the terms of the end user license agreement, if any, which accompanies or is included with the Software. You may not install or use any Software that is accompanied by or includes a license agreement unless you first agree to the license agreement terms. For any Software not accompanied by a license agreement, the Site grants you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

Intellectual Property.

The Site and all marks, titles, logos, characters, and names that we display on the Site are either registered trademarks, trademarks or trade dress owned by the Site, its sponsors, parent, subsidiaries, affiliates or assigns, or to the extent applicable, trademarks that are used with permission. All Site trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Site.

All Site software, design, text, images, photographs, illustrations, audioclips, videoclips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of the Site and/or its sponsors, subsidiaries, affiliates or assigns or licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. The Site grants you a personal, non-exclusive, non-assignable and non-transferable limited license to use and display the Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of the Site. Use of the Site and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

All content on the Site is protected under copyright law (although the Site makes no representations or warranties nor accepts any liability for the content created, reproduced, published or posted by users in Profiles). You may download one copy of the content of the Site to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise license, sell, modify, copy, publish, distribute or display any of the Site content.

In the event you have a claim of copyright infringement, with respect to material that is contained on the Site, please follow the procedures below:

PROCEDURE FOR “NOTIFICATION” THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED:

Written notification must be submitted to the following Designated Agent:
Service Provider(s): Black Entertainment Television LLC, 1235 W Street, NW, Washington, DC 20018, Attention: General Counsel
Telephone: (202) 608-2000
Facsimile: (202) 635-6422
Email Address: legal@bet.com

To be effective, the Notification must include the following:

  1. Signature (electronic or physical) of a person authorized to act on behalf of the copyright owner allegedly infringed;
  2. Identification of the copyrighted work(s) and the related online site(s) where it is located;
  3. Identification of the material that allegedly infringing and information reasonably sufficient to permit the service provider to locate the material;
  4. Contact information for the contacting party reasonably sufficient to permit the service provider to contact the complaining party, including address, telephone number, and email address;
  5. 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
  6. 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.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above: Service Provider shall remove or disable access to the material that is alleged to be infringing; Service Provider shall forward the written notification to such alleged infringer (”Subscriber”) and Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

COUNTER NOTIFICATION:

To be effective, a “Counter Notification” must be a written communication provided to the Service Provider’s Designated Agent that includes substantially the following:

  1. Signature (electronic or physical) of the Subscriber;
  2. Identification of material that has been removed or to which access has been disabled and the location at which the material appeared before such action was taken;
  3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above: Service Provider shall promptly provide the complaining party with a copy of the Counter Notification; Service Provider shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days; Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider’s network or system Termination.

Termination.

The Site may, in its sole discretion, terminate your right to use the Site at any time, and without notice, for any reason, including your violation of any of these Terms of Use or any other policy that the Site posts. The Site also reserves the right to modify or discontinue any services it provides, or any portion thereof, without notice to you and without liability. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, you agree to pay the Site liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise, you agree to pay the Site’s actual damages, to the extent such actual damages can be reasonably calculated.

International Use.

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports.

Advertising.

Users may from time to time correspond with or participate in the promotions of advertisers through the Service. All such correspondence, including, without limitation, any resulting contractual agreements, are solely between the advertiser and the user and, as such, the Site shall not be responsible for upholding any applicable terms, conditions, representations of warranties made by advertiser or user in connection therewith.

Contests, Sweepstakes and Promotions.

The Site may conduct promotions on or through the Service, including without limitation, contests, sweepstakes and other promotions. Each promotion may have additional terms and/or rules which will be posted or otherwise made available to the user and, for purposes of each promotion, will be deemed incorporated into and become a part of these Terms of Use. To the extent that there is a conflict between these Terms of Use and the specific rules for the promotion in which you choose to participate, these Terms of Use shall govern, unless expressly stated otherwise in such promotion rules.

Registration.

To open an account to access and use the Service, you will need to provide us with current, complete, and accurate registration information. USERS UNDER THE AGE OF 13 ARE PROHIBITED FROM REGISTERED ON THE SITE. Once you have registered, you will then choose a password and an account user name. You are entirely responsible for maintaining the confidentiality of your password and account name, for maintaining the accuracy of your registration information, and for any and all activities that occur under your account. The Site is not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you become aware of any unauthorized use of your account or account information, you should notify the Site immediately.

Governing Law.

These Terms of Use shall be governed by and interpreted in accordance with the laws of the District of Columbia and the United States of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located in the District of Columbia.

Enforcement.

Any part of these Terms of Use that is found by a court of competent jurisdiction to be invalid or unenforceable will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties.

IMPORTANT.

YOUR USE OF THE SITE, THE CONTENT, AND ANY GOODS OR SERVICES YOU ACQUIRE FROM THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND THE SITE DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE SITE HAD BEEN ADVISED OF SUCH DAMAGES RELATED TO THE CONTENT, GOODS OR SERVICE OR ANYTHING ELSE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE SITE’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

THE SITE MAKES NO WARRANTY THAT:
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR
(V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

Indemnification.

You agree to indemnify, defend and hold harmless, the Site and BET, and their respective subsidiaries, parents, affiliates, officers, directors, employees, agents, licensors, representatives, and third party providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. The Site reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Site in asserting any available defenses.

Privacy.

We respect your privacy and the use and protection of your personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information.

Entire Agreement.

These Terms of Use, including terms incorporated into them by reference, as well as any additional terms, disclosures or conditions contained on the Site for particular activities, and consents provided by you on the Site contains the entire understanding and supersedes all prior or contemporaneous communications, proposals or understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Use is found to be illegal or unenforceable, the Terms of Use will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

Any questions regarding the specific terms of these Terms of Use should be directed to legal@bet.com.

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