Terms of Service
Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you (“You”) agree to by participating in the promotion identified below, provided through www.twitter.com and derivative sites on which these Terms are posted (collectively "the Site").
GRANT OF RIGHTS.
(“You”) hereby grant Chivers North America, d/b/a BBC Audiobooks America, and its respective parents, successors, licensees and assigns (“BBCAA”), the right but not the obligation, to incorporate Your Post (the “Property”) submitted through the Site above, in any manner BBCAA sees fit into BBCAA’s audiobook promotion presently entitled Twitter Audio (the “Audiobook”), and to use and authorize others to use the Property as so incorporated in the Audiobook in the distribution, marketing, advertising, promotion, exhibition (including but not limited to online), and other exploitation of the Audiobook for commercial sale, in all markets and media (whether now known or hereafter developed), throughout the universe, in perpetuity. In consideration for the rights granted herein, You agree to provide the Property to BBCAA at no cost to BBCAA unless otherwise agreed.
Unless otherwise stated, BBCAA is the owner of all copyright in the Site and its contents including but not limited to in all versions of the Property thereon in whole or in part, and all versions of the Audiobook. You may not publish, distribute, extract, re-utilize or reproduce the Property in any material form (including storing it in any medium by electronic means) other than in accordance with the limited use license set out in our Copyright Notice below.
You warrant and represent that You have the right to grant all rights granted herein and BBCAA's use of the Property as permitted herein will not infringe on the rights of any third party. You will indemnify and hold BBCAA, their parents, successors, licensees and assigns, harmless from and against any and all claims, damages, liabilities, costs and expenses arising out of any breach of the foregoing warranty. You acknowledge that BBCAA may potentially rely on this permission, at substantial cost to BBCAA. You hereby waive all rights in and to the Property, and You agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.
YOUR CONDUCT.
You agree not to use the Site:
a) for any unlawful purposes;
b) to upload, post, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
c) to upload, post, email or otherwise transmit or communicate any material that You do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to BBCAA and the British Broadcasting Corporation;
d) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
e) to attempt to upload text by any method to another user’s account without permission;
f) to upload, post, email or otherwise transmit any material which is likely to cause harm to BBCAA or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to destruction, damage, defect, error, malfunction or corruption to the Site;
g) to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
h) to impersonate any person or entity, or otherwise to misrepresent Your affiliation with a person or entity; or
i) to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Site or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
j) You further agree that You shall not:
- interfere with or disrupt (or attempt to interfere with or disrupt) this Site or servers or networks connected to this Site, or to disobey any requirements, procedures, policies or regulations of networks connected to this Site;
- provide any information to BBCAA that is that attempts to hide Your identity or that You do not have the right to disclose; or
- resell the Property, the Site or any portion of its contents.
COPYRIGHT POLICY
a) Ownership. All copyright in the material contained on this Site is owned by BBCAA, unless stated otherwise. All rights are expressly reserved by BBCAA. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:
b) License to copy for personal use. You may, for personal noncommercial use, save to Your individual storage medium copies of the Property as necessary and incidental to Your acts of viewing it, and You may print for Your personal noncommercial use of so much of the Site as is reasonable for private purposes provided that all proprietary notices are retained.
c) License to recopy for limited purpose: You may recopy the Property to individual third parties for their personal information only if:
(a) You acknowledge this Site as the source of the material and You must include such acknowledgement in the copy of the Property; and
(b) You inform the third party that these conditions apply to him or her and that he/she must comply with them. This license to recopy does not permit incorporation of the Property, the Site or its contents, or any part of thereof, in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation) no part of a page from the Site may be distributed or copied for any commercial purpose.
d) No part of this Site may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval system.
e) BBCAA reserves the right to withdraw or modify the licenses set out above at any time.
JURSIDICTION.
These Terms shall be governed by and construed in accordance with the laws of the state of Rhode Island. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the state of Rhode Island.
BBCAA DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. THE SITE, BBCAA’s SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, BBCAA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SITE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF THE PROPERTY OR ANY CONTENT TO THE SITE AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR PRODUCTS OFFERED ON THE SITE, EVEN IF BBCAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, BBCAA’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00.