Visitor Agreement/Terms & Conditions
The material that appears on Terri Bennett Enterprises, LLC (TBE), including TerriBennett.com and DoYourPart.com is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found , you should confirm any facts that are important to your decision. TBE makes no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the DoYourPart.com. TBE is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by TBE or its licensors.
In submitting user-generated photos and/or video, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant TBE, TBE’s, vendors, production companies, and programming and content distributors, non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your user-generated video submitted hereunder, as well your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the “Video Submission”), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the TBE may or may not earn or generate through its use of your Video Submission.
TBE’s Right to Use Your Photo & Video Submission. You grant TBE the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Video Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services of TBE, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant TBE the right to use and distribute, and license others to use and distribute, your Video Submission in the promotion of such services, to the same extent permitted for use and distribution of your Video Submission hereunder.
Clearance of Your Photo & Video Submission for TBE Use. You represent and warrant that your Video Submission is your original work and that you have secured any and all rights, releases and permissions necessary for TBE use and distribution of your Video Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Video Submission (collectively, the “Elements”). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due forTBE use and distribution of your Video Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Video Submission are true to the best of your knowledge and that neither they, nor any Element of your Video Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.
Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Video Submission as used and distributed by TBE, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.
Release and Waiver; Indemnification. You acknowledge that TBE will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the TBE Parties from any and all claims arising from their use and distribution of your Video Submission as permitted herein.
COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS
TBE wants to encourage an open exchange of information and ideas through DoYourPart.com. But we cannot and do not review every posting made on TBE community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than TBE. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
Responsibility for what is posted on TBE community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the TBE sites lies with each user — you alone are responsible for material you post. TBE does not control the messages, information or other content that you or others may provide through the TBE sites. You may use the TBE sites for lawful purposes only.
By using the TBE Sites, you agree not to submit, post or transmit through the TBE sites any material or otherwise engage in any conduct that:
• Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
• Allows you to gain unauthorized access to TBE sites, or any account, computer system, or network connected to TBE, by means such as hacking, password mining or other illicit means;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Collects for marketing purposes any email addresses or other personal information that has been posted by other users of TBE sites.
• Impersonates any person, business or entity, including TBE and its employees and agents or falsely state or otherwise misrepresent your affiliation with any person, business or entity, including TBE;
• Contains an advertisement or solicitation or encourages others to make a donation;
• Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
• Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
• Results in the posting or transmission of any message anonymously or under a false name;
• Permits any person to access, using your account, any features of TBE sites that may require registration;
• Results in any message being posted to any area of TBE sites if that message is, in our view, off-topic or in violation of this Visitor Agreement; or
• Violates these Terms of Use, guidelines or any policy posted on the TBE Sites, or interferes with the use of the TBE Sites by others.
Although TBE cannot monitor all content on TBE’s community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that TBE shall have the right, but not the obligation, to monitor the content of the sites to determine compliance with this Visitor Agreement and any other operating rules that may be established by TBE from time to time. TBE shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, including but not limited to Video Submissions, submitted to or posted on the TBE sites for any reason, including violation of these Terms of Use, whether for legal or other reasons, or because the material is objectionable or stale.
Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and Video Submissions. You acknowledge and agree that neither TBE nor any of its affiliates shall assume or have any liability for any action or inaction by TBE with respect to any conduct within the TBE sites or any communication or posting on the TBE sites. TBE also reserves the right to disclose any information that TBE believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
TBE requires you not to use the TBE sites to violate anyone’s copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to TBE sites, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of this Visitor Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
USE OF MATERIALS
With the exception of any and all Video Submissions (TBE’s permitted use of which is discussed above) and any material posted on TBE’s community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of TBE and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on TBE’s community and social media sites, you are granting to TBE, and to anyone authorized by TBE, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on TBE’s community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant TBE, and anyone authorized by TBE, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as TBE deems appropriate.
The materials available through the TBE sites are the property of TBE or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through TBE sites. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on TBE sites in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you’re free to encourage others to access the information themselves on the TBE Sites, and to tell them how to find it.
LINKING
We welcome links to the TBE sites. You are usually free to establish a hypertext link to any of the TBE sites so long as the link does not state or imply any sponsorship or endorsement of your site by any of the TBE sites or by TBE.
NO SOLICITING
You agree not to use the TBE sites to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
NO SPAMMING OR SPIMMING
From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
NO FRAMING
Without the prior written permission of TBE, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the TBE sites, or incorporate any intellectual property of TBE or any of their licensors into another website or other service.
TRADEMARKS
We don’t want anyone to be confused as to which materials and services are provided by TBE and which are not. You may not use any trademark or service mark appearing on the TBE sites without the prior written consent of the owner of the mark.
DISCLAIMER OF WARRANTIES AND LIABILITY
We work hard to make the TBE sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of the TBE Sites.
YOU AGREE THAT YOUR USE OF THE TBE SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH TBE SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY TBE SITE OR ANY MATERIAL AVAILABLE THROUGH THE TBE SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH TBE SITES.
THE TBE SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. TBE AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH TBE SITES, NOR DO THEY GUARANTEE THAT TBE SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT TBE SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL TBE OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF TBE SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF TBE AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF TBE AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE TBE SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO TBE FOR THE USE OF THE TBE SITES.
MISCELLANEOUS
The TBE staff works hard to ensure that information we post to the TBE sites is both timely and accurate. But the news changes over time and reports that were accurate when posted may quickly become old news. Though we may post follow-up reports, and may continue to provide access to the original report, as in an archive of news stories, for example, we don’t go back and change the original report to reflect new developments. If you’re looking for the most recent information on a given subject, and not the history of how the story unfolded, be sure you’re not looking at an out-of-date report.
To obtain access to certain services on TBE Sites, you may be given an opportunity to register with TBE Sites. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that TBE considers to be offensive. TBE reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify TBE of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify TBE immediately. TBE reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests. Please inform TBE if there is a change in the information you provided at the time of your initial registration, including any change of address or name, by contacting our representatives at CustomerService@DoYourPart.com
You agree to indemnify, defend and hold harmless TBE, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any TBE site using your account.
This Visitor Agreement has been made in and shall be construed in accordance with the laws of the State of North Carolina. By using TBE Sites, you consent to the exclusive jurisdiction of the state and federal courts located in North Carolina, in all disputes arising out of or relating to this Visitor Agreement.
In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.
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