Terms and conditions
For purposes of clarity, if you have downloaded, installed or used the bdata-service.com web service (“Web Service”), you agree and are subject to the End User License Agreement.
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and bdata-service.com. You represent that you are of legal age to form a binding contract and not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You shall establish and use the Site and Services in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and bdata-service.com may be recorded.
All information, text, graphics, files, software, application, works of authorship, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials or content on the Site or Services (collectively, “Company Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Company Content, contained on the Site is owned, controlled or licensed by or to bdata-service.com. Company Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. As between you and the bdata-service.com, bdata-service.com owns and retains all rights in the Company Content.
Your Use of the Site and Services
The Site and Services are offered for your personal use only and may not be used for commercial purposes unless specifically endorsed or authorized by bdata-service.com. bdata-service.com reserves the right to remove commercial content in its sole discretion.
You understand that you are responsible for all content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Services (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with the Services.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. bdata-service.com reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any bdata-service.com server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person’s use of the Site.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to register an account (including signing up by submitting your email). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including any passwords set up now or in the future, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify bdata-service.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by bdata-service.com or any other user of or visitor to the Site due to someone else using your email, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s email, password or account at any time without the express permission and consent of the holder of that email, password or account. bdata-service.com cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Third Party Links and Services
The Site or Services may provide links to other websites, applications, resources or other services created by third parties (“Third Party Links and Services”). These Third Party Links and Services are provided solely as a convenience to our users and visitors. Such Third Party Links and Services are not under bdata-service.com’ control, and bdata-service.com is not responsible for and does not endorse the content of such Third Party Links and Services, including any information or materials contained on such Third Party Links and Services.
If you choose to use Third Party Links and Services and share information with any of them, the Third Party Links and Services may use and share your data in accordance with their privacy policies and your privacy settings on such Third Party Links and Services. bdata-service.com is not responsible for and makes no warranties, express or implied, as to the Third Party Links and Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof).
bdata-service.com is not responsible for the content or practices of any websites other than the Site, even if the website links to the Site, and even if it is operated by a company connected with the Site. By using the Services, you acknowledge and agree that bdata-service.com is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. You will need to make your own independent judgment regarding your interaction with these Third Party Links and Services. bdata-service.com encourages you not to provide any personally identifiable information to any Third Party Links and Services unless you know and are comfortable with the party with whom you are interacting.
bdata-service.com Referral Rewards Program
Under certain circumstances, bdata-service.com may offer the ability to earn rewards to users of the Web Service if they invite friends to also use the Web Service and those friends download the Web Service within three (3) months of the invitation sent through an authorized bdata-service.com invitation channel (eg. an invitation sent through the Site, Facebook or another social media channel supported by bdata-service.com). Members may only earn rewards via bdata-service.com’ authorized member invite mechanisms and only at times when bdata-service.com’ rewards program is in effect. Referrals outside of bdata-service.com’ authorized channels will not result in any referral credit. By agreeing to the Terms of Service, you understand that rewards are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires six (6) months after issuance. You will only receive a reward for the first download and installation made by a friend who installs the Web Service as a result of an invite from you via a bdata-service.com authorized channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive the referral reward, and bdata-service.com will have no liability to you for your friend’s failure to follow directions. The referral rewards program is void where prohibited by law. bdata-service.com reserves the right to modify or terminate the referral credit program at any time. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the rewards you have actually earned.
bdata-service.com DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE (INCLUDING INFORMATION OBTAINED BY YOU ON, THROUGH, OR IN CONNECTION WITH THE SERVICES OR THIRD PARTY LINKS AND SERVICES) WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. bdata-service.com CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. bdata-service.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. bdata-service.com DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY bdata-service.com SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST bdata-service.com FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
UNDER NO CIRCUMSTANCES WILL bdata-service.com BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE SERVICES, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE SERVICES, THIRD PARTY ADVERTISEMENT OR THIRD PARTY LINKS AND SERVICE POSTED ON, THROUGH OR IN CONNECTION WITH THE SERVICES, OR THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF THIRD PARTY ADVERTISEMENTS, THIRD PARTY LINKS AND SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK. THIRD PARTY ADVERTISEMENTS AND THIRD PARTY LINKS AND SERVICES DO NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF bdata-service.com.
THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
bdata-service.com reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation on Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL bdata-service.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF bdata-service.com SERVICES, EVEN IF bdata-service.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, bdata-service.com’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO bdata-service.com FOR THE bdata-service.com SERVICES DURING THE TERM OF YOUR USE OF THE bdata-service.com SERVICES. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold bdata-service.com, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against bdata-service.com by any third party due to or arising out of or in connection with your use of the Site.
You agree that bdata-service.com may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This Agreement shall not be governed by the U.N. Convention on Contacts for the International Sale of Goods, the application of which is expressly excluded.
Any controversy, claim or dispute relating to this Agreement or the Web Service and brought against the Company shall be decided exclusiveby by binding, non-appealable arbitration in Los Angeles County, State of California under the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. In such case, you agree that the arbitrator’s award shall be final, and may be filed with and enforced as a final judgment by any court of competent jurisdiction. All other legal actions or proceedings relating to this Agreement or the Web Service shall be instituted in a state or federal court in Los Angeles, CA. You and the Company agree to the jurisdiction of, and that venue is proper in, these courts in any such legal action or proceeding and the prevailing party in either an arbitration, legal action or other proceeding shall be awarded reasonable attorney’s fees.
Void Where Prohibited
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. bdata-service.com reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
bdata-service.com is a trademark of bdata-service.com, Ltd.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
This Agreement operates to the maximum extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.