Last Updated: December 11, 2006
PLEASE READ THIS PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEB SITE
OR ANY BDI FORUM.
This Privacy Statement is applicable to this Web site and all Best
Direction, Inc. (“BDI”) Web sites and other sites on the Internet and
World Wide Web owned and operated by BDI (the "BDI Sites"), and all
services provided thereon.
BDI respects the privacy concerns of all users of the Services. BDI also
recognizes the valuable potential of technology to help people
communicate with the companies whose Web sites they visit, particularly
through customer databases. Responsible use of the information you share
with BDI is paramount. In order to help you understand how the
information you provide BDI will be used, the following guidelines have
been created.
NON-PERSONALLY
IDENTIFIABLE INFORMATION:
To
participate in a survey or special promotion, you may be asked to
provide certain information about yourself which does not personally
identify you. For example, you may be asked to provide information
concerning your gaming or other entertainment preferences, purchasing
habits, and the like. BDI requests this information in order to enhance
your online experience by understanding you better and to also make you
aware of new services, programs or offers in which you may be
interested.
In general, you remain anonymous while using the BDI site. However, in
some cases, BDI may still be able to collect certain non-personally
identifiable information about your use of the Services. For example,
BDI might collect information concerning the type of Internet browser
you are using, the type of computer operating system you are using, the
domain name of your Internet service provider and/or the Web site or
advertisement from which you linked to the BDI site.
When you visit one of the BDI Sites or advertisements appearing thereon,
we may use an industry-wide technology called "cookies" which stores
certain information on your computer and which will allow us to
customize your experience to better match your interests and preferences
or simply facilitate your signing in to use the Services. Most browsers
will allow you to erase cookies from your computer hard drive, block
acceptance of cookies, or receive a warning before a cookie is stored.
Please refer to your browser instructions or help screen to learn more
about these functions.
In general, BDI may use non-personally identifiable information to
improve and enhance the site or its services. However, from time to
time, BDI may share this information with other entities in aggregate,
non-personal form to show general demographic and preference information
among users of the BDI Sites.
OTHER SENSITIVE INFORMATION: Whenever you give BDI sensitive
information (e.g., credit card numbers), BDI will take all commercially
reasonable steps to protect such information by establishing a secure
connection with your Web browser. BDI employs an industry-wide
technology known as a secure-socket-layer ("SSL") to protect the
transmission of payment information to the Site. Unless otherwise
specified herein, credit card numbers are used only for payment
processing and are not retained for marketing or any other purposes.
HYPERLINKS:
The BDI Sites may contain links to or advertisements
concerning other Web sites. Other sites may also reference, advertise,
or link to BDI Sites. BDI is not responsible for the privacy practices
or the content of such other sites and expressly disclaims all liability
associated with your use of and the content on such other sites.
CONSENT TO
PROCESSING:
By providing any personal information to the BDI Sites, all
users, including without limitation users in the member states of the
European Union, fully understand and unambiguously consent to the
collection and processing of such information in the
United States of
America.
BDI is dedicated to protecting your personal information and welcomes
comments and questions on this policy. You may e-mail your questions or
comments to:
webmaster@Bestdirection.com
BDI reserves the right
to change this policy at any time by notifying guests of the existence
of a new privacy policy.
TERMS OF SERVICE
Last Updated: December 11, 2006
PLEASE READ THESE TERMS OF SERVICE AND THE BDI PRIVACY STATEMENT
CAREFULLY BEFORE USING THIS WEB SITE.
WELCOME:
This site is owned and operated by
Best Direction, Inc. ("BDI"). These terms of service (the "Terms of
Service" or "TOS") apply to and govern your, and any authorized user of
your account, use of this site (as hereinafter defined, and,
collectively referred to as the "Site"). Your use of the Site signifies
your agreement to be bound by these Terms of Service. If you do not
agree to be bound by these Terms of Service, you may not access or
otherwise use the Site. Before using the Site, please review the
BDI Privacy Statement
(the "Privacy Statement").
LICENSE TO USE THE
SITE: BDI
grants you a non-exclusive, non-transferable, limited right to access,
use and display the Site and the materials thereon for your personal use
only, provided that you comply fully with this TOS. You shall not
interfere or attempt to interfere with the operation of the Site in any
way through any means or device including, but not limited to, spamming,
hacking, uploading computer viruses or time bombs, or any other means
expressly prohibited by any provision of this TOS.
CHANGES TO SITE AND/OR
TERMS AND CONDITIONS OF SERVICE:
BDI reserves the
right, at its sole discretion, to change, modify, add or remove any
portion of the Site or this TOS, in whole or in part, at any time.
Changes to this TOS will be effective when posted. You agree to review
this TOS periodically to be aware of any changes. Your continued use of
the Site after any changes to this TOS are posted will be considered
acceptance of those changes.
TRADEMARKS, COPYRIGHTS
& RESTRICTIONS:
All trademarks,
service marks, and trade names are proprietary to Best Direction, Inc.
and its affiliates. Except as otherwise provided herein, you may not
reproduce, perform, create derivative works from, republish, upload,
edit, post, transmit, or distribute in any way whatsoever, any materials
from this Site or any other web site owned or operated by BDI (the "Site
Materials") without the prior written permission of BDI. However, you
may download or make one copy of the Site Materials, and other
downloadable items displayed on the Site, for personal, non-commercial
home use only, provided all copyright and other notices contained in the
Site Materials are left intact. Any modification of the Site Materials,
or any portion thereof, or use of the Site Materials for any other
purpose constitutes an infringement of BDI's copyrights and other
proprietary rights. Use of the Site Materials on any other web site or
other networked computer environment is strictly prohibited, without
prior written permission from BDI.
SOFTWARE:
At its sole discretion, BDI may make available to users
certain software that may be downloaded from this Site. In the event you
download software from this Site, the software, including any files,
images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software") are licensed to
you by BDI. BDI does not transfer title to the Software to you. You own
the medium on which the Software is recorded, but BDI retains full and
complete title to the Software, and all intellectual property rights
therein. You may not redistribute, sell, decompile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-perceivable
form.
UNSOLICITED
SUBMISSIONS:
BDI is pleased to hear from its customers and welcomes your
comments regarding BDI products and/or its services. However, we must,
regretfully, ask that you do not send us any original creative materials
such as stories or character ideas, screenplays, or original artwork.
While we do value your feedback on our services and products, we request
that you be specific in your comments on those services and products,
and not submit any creative ideas, suggestions, or materials. If,
despite our request that you not send us any other creative materials,
you send us creative suggestions, ideas, notes, drawings, concepts, or
other information (collectively, the "Submissions"), the Submissions
shall be deemed, and shall remain, the property of BDI. None of the
Submissions shall be subject to any obligation of confidence on the part
of BDI, and BDI shall not be liable for any use or disclosure of any
Submissions. Without limitation of the foregoing, BDI shall exclusively
own all now known or hereafter existing rights to the Submissions of
every kind and nature, in perpetuity, throughout the universe and shall
be entitled to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to the
provider of the Submissions. Applicable law may restrict
LINKED SITES: BDI is not necessarily affiliated with sites which
may be linked to or from the Site (the "Linked Sites") and is not
responsible for their content. Those sites may collect data or solicit
personal information from you. BDI does not control such web sites, and
is not responsible for their content, privacy policies, or for the
collection, use or disclosure of any information those sites may
collect. Links from the Site to the Linked Sites are for your
convenience only and you access them at your own risk.
NO RESALE / EXPLOITATION: You understand and agree that you may
not reproduce, copy, resell, manipulate, or exploit any part of the Site
for any commercial purpose.
NON-UNITED STATES RESIDENTS: BDI makes no representation that
the Site Materials, including merchandise offered for sale on the Site
and their copyrights, trademarks, patents, and licensing arrangements,
are appropriate or available for use in locations other than the United
States of America. Those who choose to access the Site from locations
outside of the U.S.A. do so on their own initiative and at their own
risk, and are responsible for compliance with local laws, if and to the
extent local laws are applicable. With respect to shipments of
merchandise to consumers, wherever they may reside, title to the
merchandise and risk of loss shall pass to the buyer upon delivery of
the merchandise to the common carrier.
JURISDICTIONAL ISSUES: The Site is controlled and operated by
BDI from its offices within the County of Nassau, State of New York,
United States of America. BDI makes no representation that materials in
the Site are appropriate or available for use in other locations.
Software from this Site is further subject to United States export
controls. No software from this Site may be downloaded or otherwise
exported or re-exported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the Software,
you represent and warrant that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
DISCLAIMER: THE SITE, THE SITE MATERIALS, AND THE SOFTWARE, IF
APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE"
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BDI DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BDI
DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN
THE SITE, THE SITE MATERIALS, OR THE SOFTWARE, WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE MATERIALS SOFTWARE OR
SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS
OF ANY PERSON. BDI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE
MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BDI) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL BDI BE LIABLE FOR ANY INDIRECT,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, OR THE
SOFTWARE, EVEN IF BDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
BDI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE OR PURCHASING ANY OF THE PRODUCTS OR SERVICES
OFFERED THEREON.
OTHER:
This TOS shall be governed by and construed in accordance
with the laws of the State of
New York and the
United States of America, without giving effect to any principles of
conflicts of law. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the state or
federal courts located in
Nassau County,
New York, and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. In no
event shall you be entitled to injunctive or other equitable relief. If
any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these
terms and shall not affect the validity and enforceability of any
remaining provisions.
