- No Legal Advice
Nothing contained, expressed, or implied in the Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is created between Company and you by reason of your use of the Site or under any circumstances. If you have questions about any law, statute, regulation, or requirement referenced in the Site, you should contact your own legal counsel.
- Your Information
By participating in B. PHL, you grant permission and consent to Company to photograph, video record, or audio record you. You agree that Company may derive information from recordings of your voice and images of your face and retain and use all resulting information.
- License to Use Materials
You grant Company, its affiliates, and its independent contractors the right to record, film, photograph, and capture your voice and image in any media at B. PHL (the “Items”). By attending B. PHL, you grant to Company and its affiliates, agents, employees, and assigns an irrevocable, sublicensable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, and distribute, for any purpose relating to B. PHL, all or any part of the Items and other materials submitted (including, for example, your name and biographical information) or presented by you (in electronic copy, hard copy, or otherwise) (collectively, the “Materials”). Company may edit the Materials, use them alone or together with other information, and allow others to use and disseminate them. To the maximum extent permitted by law, you waive any moral rights you may have in the Materials. Furthermore, you authorize and consent to the use of your name, image, likeness, and voice in the Items for all Materials or any other purposes related to B. PHL deemed appropriate by Company.
- Assumption of Risk
You acknowledge and agree that your attendance and participation in B. PHL is voluntary, and you understand the nature of B. PHL. To the maximum extent permitted by law, you agree that you solely assume the risks associated with attending and participating in B. PHL.
- Rules of Conduct
You must comply with all applicable laws, rules and regulations while accessing or using the Site and/or attending B. PHL. In addition, we expect users to respect the rights and dignity of others. Your use of the Site and/or attendance at B. PHL is conditioned upon your compliance with the rules set forth in this section. You must not:Post, transmit, or otherwise make available, through or in connection with the Site or B. PHL, (a) anything that could be (i) threatening, harassing, discriminatory, degrading, hateful or intimidating; (ii) defamatory, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) related to alcohol, wagering, gambling, tobacco products, ammunition or firearms; (b) anything that could give rise to criminal or civil liability (including any material protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense; (c) any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (d) any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or other form of solicitation; or (e) any material, non-public information about a company or any securities or other financial instrument, without the proper authorization to do so.Use the Site or B. PHL to advertise or offer to sell or buy any goods or services.License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any purposes the Site or items related to B. PHL or any access to or use of the Site.
- Hold Harmless
- General Practices Regarding Use and Storage
You acknowledge that Company may establish general practices and limits concerning use of the Site. You further acknowledge that Company reserves the right to change its general practices at any time, in its sole discretion, with or without notice.
- Modifications to BPHLFest.com
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or the portals.
- Links to Other Websites
- Submission of Information
- Proprietary Rights
You acknowledge and agree that the Site, and any necessary software used in connection with the Site, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content (including images, text, and the “look and feel” attributes) presented to you through the Site is protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. Except as expressly authorized by Company in writing, you agree not to modify, copy, rent, lease, loan, sell, distribute, or create derivative works based on the Site, in whole or in part. Company grants you a personal, nontransferable, and nonexclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse-engineer, reverse-assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to obtain access to the Site by any means other than through the interface that is provided by Company.
- Disclaimer of Warranties
You expressly understand and agree that:
- Your use of the Site is at your sole risk. The service is provided on an “as is” and “as available” basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Company makes no warranty that (1) the Site will meet your requirements, (2) the Site will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Site will be accurate or reliable, (4) any errors in the Site will be corrected.
- Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- Limitation of Liability
You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the site and/or portal; (2) unauthorized access to or alteration of your transmissions or data; (3) statements or conduct of any third party on the site and/or the portals; or (4) any other matter relating to the site and/or the portals. some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this Section 15 may not apply to you.
- Trademark Information
All trademarks, service marks, and logos are proprietary to Company or third parties. Use or misuse of these trademarks is expressly prohibited and may violate federal and/or state trademark law. Without prior written permission of the owner, you agree not to display or use in any manner, the trademarks, service marks, and logos found on the Site. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site. Company enforces its intellectual property rights to the fullest extent of the law.
- International Users
The Site can be accessed from countries around the world. The Site is controlled, operated, and administered by Company from its offices within the United States of America. Access to the Site from territories where the Site and/or services are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws, including but not limited to the export control laws.
- General Information
Copyright © 2019, Independence Blue Cross, LLC. ALL RIGHTS RESERVED.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Company and protected by United States and international copyright laws. All software used on the Site is the property of Company or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.
- Copyright Complaints
Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
- Questions and feedback
We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to email@example.com.
Updated: September 12, 2019