LAST UPDATED: March 29, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://bgem.me website, and the BGEM mobile application (together, or individually, the "Service") operated by BGEM or Developer or ("us", "we", or “our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and enter into these terms electronically with the same force and effect as an agreement made in writing with a signature. If you disagree with any part of the terms then you do not have permission to access the Service.

we reserve the right at any time to change the terms, conditions, and notices under which the Services are offered, including but not limited to these Terms and Conditions. We will post such changes online. We recommend that you periodically review the terms and conditions on our website to stay informed of any updates.


overview of our services

BGEM operates a range of online-based sites and browser-based user experiences, including, without limitation, BGEM.ME, our newsletters, and our application programming interfaces (APIs).

We may offer software applications to help you gain access to our Services. In such circumstances, we grant you a personal, non-exclusive, non-transferable, limited license to install such software applications solely in the devices you will use to access the Services. You agree that we may provide you from time to time with automatic upgrades of these applications, which you may download for installation. Please note that certain retail application stores that offer our applications may have separate sales Terms that will be binding on you if you elect to download our applications from such merchants. Your use of the software applications must be authorized and must comply with all applicable import and export control laws and regulations of the United Sates and other countries.


General Acesss

You agree not to use the Services to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual, including revealing the identity of any fellow user on the Services; (f) impersonate any person or entity, or otherwise misrepresent your identity or affiliation with a person or entity; (g) use any “robot,” “spider,” “rover,” “scraper,” or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy, or distribute any data from the Services, our network or databases; or (h) interfere with or disrupt the Services or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. 

Notwithstanding the foregoing, BGEM grants the operators of public search engines permission to use spiders to copy materials from our Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BGEM reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their Third-Party Submissions (defined below). 

You are responsible for obtaining and maintaining at your own cost all equipment and services needed for access to and use of the Services. When you register with us and each time you access the Services, you may be providing certain information about yourself. You agree that we may use any information that we obtain about you in accordance with the provisions of our Privacy Policy.


who may user the service

Age Requirement. You must be at least 13 years old to use the Services. If you are at least 13 but are still a minor (as defined by the laws of your state, province and/or country), you must have your parent’s or legal guardian’s permission to use the Services. Please have him or her read these Terms and Conditions with you. 

Notice to Parents and Guardians. You are responsible for monitoring and supervising your child’s use of the Services. If your child is using the Services and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. You agree to waive, and hereby waive, any legal or equitable rights or remedies you or your children have or may have against BGEM, its parent, subsidiaries, affiliates and/or licensors with respect to your child’s viewing of such content, and you agree to indemnify and hold BGEM, its parent, subsidiaries, affiliates and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your child’s viewing of such content if he/she is under 18 years of age. 

Warning. Even if you are old enough to use the Services and/or have your parent’s or guardian’s permission, some of the content available within the Services may not be appropriate for you. Some content may contain mature subject matter. If you are under 18, do not view such content. We reserve the right to restrict or disable your access to such content if we have reason to believe that you are under 18 years of age.


Fees

Even though our service is free, we reserve the right at any time to charge fees for access to the Services or to any specific new feature or content that we may introduce from time to time. In no event will you be charged for access to any Services unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as applicable payment terms and conditions, will be disclosed to you prior to your agreement to pay such fees. You agree to pay such fees if you sign up for any fee-based service. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms and Conditions.


termination

Your use of the Services is subject to your ongoing compliance with these Terms of Service. You acknowledge and agree that BGEM may terminate and/or suspend your access to any portion of the Services for any reason, including your failure to comply with these Terms and Conditions or any other guidelines and rules published by BGEM. Any such termination or suspension shall be at BGEM’s sole discretion and may occur without prior notice, or any notice. BGEM further reserves the right to terminate or suspend any user’s access to BGEM or to any portion of the Services for any conduct that BGEM, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to BGEM or its parent, subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. BGEM may terminate and/or suspend your access if it detects or has reason to suspect any breach of security or unauthorized use of your account.


using our services

You understand that when using the Services, you will be exposed to content provided by third parties not under BGEM ‘s control from a variety of sources (“Third-Party Submissions”), and that BGEM is not responsible for the accuracy, completeness, utility, safety, or the protection of intellectual property rights of or relating to such Third-Party Submissions. You further understand and acknowledge that you may be exposed to Third-Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BGEM, its parent, subsidiaries, affiliates and/or licensors with respect thereto, and agree to indemnify and hold BGEM, its parent, subsidiaries, affiliates and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of our Services.


Copyright; Restrictions on Use

The material provided by BGEM on the Services, including, without limitation, video, text, photos, data, information and graphics (the “Content”), is protected under the United States and international copyright laws, is subject to other intellectual property and proprietary rights laws, and is owned by us or our collaborators. Unless for your own non-commercial purposes, the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors, and you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. We give you a personal, revocable, non-assignable, non- sublicensable and non-exclusive right to access and use the Services in the manner permitted by these Terms. 

Permission to use Content is granted on a case-by-case basis.


commercial use

You may not copy, resell, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any Content, materials, or databases from our network or systems. You may not sell, sublicense, or redistribute Content or our software applications or incorporate them (or any portion of them) into another product. You may not reverse- engineer, decompile, or disassemble the software applications or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the Services or our networks. You may not modify, adapt, or create derivative works from the software applications or remove proprietary notices therein.


Copyright and Trademark Rights

We respect the intellectual property rights of others. Accordingly, we have a policy of removing Third-Party Submissions that we reasonably believe may violate copyright law, suspending access to the Services (or any portion thereof) from any user who uses the Services in apparent violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Services in apparent violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of alleged copyright infringement and for addressing such allegations. If you believe a user of the Services is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement. 

BGEM | gavin[at]bgem.me

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent. 

If you believe that your trademark is being used improperly or without authorization on the Services, the owner or an agent of the owner may notify us. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.


code of conduct

In using the Services, you must behave in a civil and respectful manner at all times. Further, you agree to all of the following: 

The Services are for personal use only. 

You will not use the Services for any commercial purposes. 

You are solely responsible for your conduct and any material that you submit, post, and display on the Service, or that you allow others to submit, post, and/or display on the Service under your Username. 

You will not harass, threaten, impersonate, or intimidate other BGEM users. 

You will not upload, post, e-mail, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

You will not upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, affiliate links, or any other form of solicitation. 

You will not transmit any worms, viruses, or any code of a destructive nature. 

You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).

You will not use the Services for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content. 

You will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the owner to post the material and grant BGEM all of the license rights granted herein. 

You shall be solely responsible for Your Submissions and the consequences of posting or publishing them. 

You will not use the Services if you are under 13 years of age. You will obtain your parent’s or legal guardian’s permission to use the Services if you are a minor 

BGEM reserves the right, but not the obligation, to monitor reject, or remove any of Your Submissions, and/or to restrict, suspend, or terminate your access to all or any part of BGEM at any time, for any or no reason, without prior notice or warning, and without liability. 


miscellaneous

These Terms of Service, together with the terms of any end user license agreement to which you agree when downloading any software that we make available through the Services and any additional terms to which you agree when using particular elements of the Services (e.g., terms specific to a site within the BGEM website or network or relating to the payment of fees for certain Services content or services), constitute the entire, exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. In the event of any conflict between these Terms of Service and terms of a specific Service, these Terms shall govern. 


contact information

You may contact us as follows

BGEM | gavin[at]bgem.me


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