Last Updated: May 25, 2018.
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY AS IT INCLUDES IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS ON OUR LIABILITY TO YOU.
2) Use of the Site
A. Site Security. You are prohibited from violating, or attempting to violate, the security of the Site. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site include, without limitation, the following:
- Logging into or attempting to log into a server or account that you are not authorized to access;
- Accessing data or taking any action to obtain services not intended for you or your use;
- Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
- Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the Site;
- Interfering with, intercepting or expropriating any system, data or information; or
- Interfering with service to any user, host, or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system.
Websites of Third-party Vendors/Links
- This website contains links/references to third-party websites. By providing such links, Breezopoly does not give its approval to their contents. Neither does Breezopoly accept any responsibility for the availability or the contents of such websites or any liability for damage or injury resulting from the use of such contents, of whatever form. Breezopoly offers no guarantee that pages linked will provide information of consistent quality. Links to other websites are provided to website users merely for the sake of convenience. Users access such websites at their own risk. The choice of links should in no way restrict users to the linked pages.
B. Infringement. You are prohibited from using the Site or to infringe on Breezopoly’s or any person’s or other entity’s copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Site if we believe you are using the Site in a manner that infringes the copyright, trademark, patent or other intellectual property rights of Breezopoly or another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.
C. Other Prohibited Actions. In using the Site, you must not:
- Post, email, link, or otherwise transmit or use the Site in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, indecent, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person’s privacy or other rights, or any material that Breezopoly in its sole discretion does not wish posted or transmitted on the Site;
- Post, email, or otherwise transmit images, software, text, or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
- Engage in and/or encourage conduct that would: 1) violate any applicable law or regulation or 2) give rise to civil liability;
- Engage in conduct which could damage or impair the intended operability of the Site;
- Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way;
- Engage in marketing or promotion of goods or services; or
- Assist or permit any persons in engaging in any of the activities described above.
D. Your Content. You must exercise caution, good sense and proper judgment in using the Site. You are responsible for any material you place on or transmit to or through the Site. You agree, represent and warrant that any information you post to or transmit through the Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.
E. You agree that use of any information obtained via the Site is at your own risk.
F. Consequences of Unacceptable Use. We reserve the right (but not the obligation) in our sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the Site upon a violation or attempted violation of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities which violate this Agreement if such use of another company’s service could reasonably be expected to adversely affect the Site in any manner.
G. No Licensing. By your use of the Site you receive no license, express or implied, under any copyright, trademark, patent rights or trade secret rights now or hereafter, owned, controlled or possessed by Breezopoly.
H. Printing. You may print one copy of content on this Site for your personal non-commercial use, or in connection with your purchase of any Breezopoly product, provided that you leave any copyright or trademark information intact and unchanged. You may forward, distribute, and/or photocopy copyrighted materials of Breezopoly located on this Site only if the entire relevant page or document is unaltered and complete, including all of their headers, footers, disclaimers, and other information. You may not copy these documents to a website. Other than as specifically set out in this paragraph you may not copy (whether by printing onto paper, storing on disk, placing on another site, downloading in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way any portion of this Site.
I. You may not frame this Site or use our proprietary marks as meta tags. These marks include Breezopoly and Breezopoly, LLC. You may not use frames or utilize techniques or technology to enclose any content included on the Site.
3) Trademark and Copyright
Breezopoly, Breezopoly, LLC and certain other brands, trademarks and services marks are marks of Breezopoly. Not all marks of Breezopoly will appear on this Site and not all products or services listed on this Site are available for sale in every country. Some products or services may be marketed under local trademarks in specific countries. Marks of third parties may appear on this Site when referring to those entities or their products or services. Third party marks displayed on this site are owned by their respective owners.
4) Copyright Infringement Complaints
Breezopoly respects the intellectual property rights of others. If you believe that your work has been copied or otherwise infringed, you may submit a notice of same to Breezopoly, pursuant to the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(3). Please send your copyright infringement notification to Breezopoly at the following email address:
To be effective under the DMCA your notice must be in writing and include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Breezopoly to locate the material.
- Information reasonably sufficient to permit Breezopoly to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of an effective copyright notice, Breezopoly will expeditiously investigate and take appropriate actions pursuant to the DMCA, which may include the removal of, or the disabling of access to, the complained-of material.
If you believe a copyright infringement notification has wrongly been filed against you, you may submit a counter notification to Breezopoly. To be effective, a counter notification must be a written communication provided to Breezopoly at the address listed above that includes substantially all of the following:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number.
- A statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Breezopoly may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Please note that, pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by Breezopoly, as a result of Breezopoly relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Please consult with legal counsel before filing a copyright infringement notification or a counter notification pursuant to the DMCA.
6) No Warranty
This Site is provided “As Is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Breezopoly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Breezopoly does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site is free of viruses or other malware or harmful components. Breezopoly does not make any warranties or representations regarding the use of contents of this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not allow exclusion of implied warranties, so the above limitations and exclusions may not apply to you.
7) Limitation of Liability
You assume full responsibility for your use of the Site. Any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized parties. Your use of the Site is at your own risk and is made available to you at no charge; accordingly, to the fullest extent permitted by applicable law, Breezopoly shall not be liable to you or any other party for any direct, indirect, compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site, the contents on this Site or the performance of the Site, products described on this Site, or from any actions we take or fail to take as a result of communications you send us or material you post, or the delay or inability to use the Site, or for any information, products, or services advertised in or obtained through the Site, whether based on contract, tort, strict liability or otherwise, even if Breezopoly has been advised of the possibility of such damages. You specifically acknowledge and agree that Breezopoly and its affiliates are not liable for any defamatory, offensive, or illegal conduct of any user of the Site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you are dissatisfied with any portion of the Site or with any of these terms, your sole and exclusive remedy is to discontinue using the Site.
8) Non-Confidentiality of User Materials
9) Links to Third Party Websites and Use of Sharing Tools
As a convenience, Breezopoly may provide links to websites operated by third parties. Breezopoly may also provide sharing tools that allow social web linking, bookmarking, rating, recommending, emailing, instant messaging, and posting to blogs. Following the links or using the sharing tools will take you to third party websites, which ME does not own, control, or maintain. If you decide to access a third party’s website through a link or a sharing tool provided by this Site, you do this at your sole risk. Breezopoly is not responsible for any viruses or other malware or damaging elements encountered in a third party website. Breezopoly does not control any third party websites, and makes no warranty or representation regarding, and is not responsible for, any third party websites or the content of such websites. Inclusion of links or sharing tools to third party sites is not an endorsement of the content of such sites. Different terms and conditions may apply to your use of such third party sites and the sharing tools and you are advised to review such terms and conditions prior to usage. Further, the providers of such third party sites and the sharing tools may have privacy policies and practices that are different from our Privacy Statement. You are advised to check the privacy policies and practices of such providers and contact the operator if you have any concerns or questions.
10) Disclosure; Forward-Looking Statements
Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and that actual events or results may differ materially.
11) Global Availability/Export Controls
Portions of this Site may be controlled and operated by Breezopoly from various offices in the United States. Breezopoly makes no representation that the Site or materials accessed or described on the Site are appropriate or available for use in other locations, and access to them from other countries where there contents are illegal or penalized is prohibited. Access to or use of the Site or materials accessed on or described on the Site by persons or from countries who are sanctioned by the United States is specifically prohibited.
Those who access the Site so do on their own and are responsible for compliance with all applicable US and local laws. You may not export or re-export any information or materials accessed on or described on this Site except in full compliance with all United States laws and regulations. In particular, you may not export or re-export into (or to a national or resident of) any country to which the United States embargoes or sanctions goods, services or technology, to any person or entity on the U.S. Treasury Department’s List of Specially Designated Nationals, the U.S. Bureau of Export Administration Entity List, the U.S. Bureau of Export Administration Denied Persons List or the U.S. Commerce Department’s Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export or use the Site, information, or materials accessed or described on the Site.
12) Indemnity of Company
You agree to indemnify, hold harmless, and defend Breezopoly , LLC as well as Breezopoly officers, directors, partners and employees, from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your violation, or violation by any other person using your password or account of the terms and conditions of this Agreement.
13) Applicable Law and Dispute Resolution
This Agreement shall be governed by the internal substantive laws of the State of Texas, USA (without giving effect to its principles of conflict of laws). Where federal jurisdiction exists over any action, suit or proceeding arising out of or in any way connected with this Agreement, you and Breezopoly designate the United States Federal Courts for Houston, Texas for the exclusive resolution of that dispute and submit to the jurisdiction of that court.