Terms and Conditions of Use
Welcome to The Bator. These are our terms and conditions for use of our network, including but not limited to, the World Wide Web and RSS feeds. In these terms and conditions, when we refer to the “The Bator Blog” we are indicating the digital information network operated by BW Entertainment, affiliates, and third parties. Regardless of how you access the network, you agree to be bound by these terms and conditions.
The Bator reserves the right to change these terms and conditions from time to time as it sees fit and your continued use of the site signifies your acceptance of these terms and conditions and any adjustment to them. We strongly advise you review these terms and conditions on a regular basis.
This site’s content is intended for mature audiences. If you are not at least 18 years of age and/or have not reached the age of consent for your locale, you may not access this site and must leave immediately.
1. Use of material appearing on The Bator Site
You are permitted to access The Bator Site for personal and non-commercial use only. You accept that the relationship between The Bator and you, except for user content and advertisements (discussed below), The Bator is the sole owner of all content on the The Bator Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the The Bator Site. The Bator Site and content are protected by the copyright laws and other intellectual property laws of the United States and applicable international copyright treaties.
Any use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of The Bator Site. is strictly prohibited.
You can download and print extracts from the The Bator Site Content for your own personal/non-commercial use, as long as you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material you access and retrieve regardless of the means used to facilitate this.
If you wish to use our content other than as permitted by these terms and conditions, please contact us at [email protected]
2. Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any content published on The Bator Site. We will not be liable for any loss caused by your doing, or not doing, anything as a result of viewing, reading or listening to any content on The Bator site. Any content you access via links on The Bator Site are not under our control and we are not responsible in any way for any of their contents.
We provide no warranties of any kind concerning The Bator Site or content. We do not warrant that The Bator Site content is virus free. You are responsible for protecting yourself from infection by viruses or by anything with destructive properties.
We accept no responsibility or liability for any interruption or delay in your ability to access The Bator Site or content.
At your discretion, you may access areas of the The Bator Site that require registration. When you becoming a registered member you accept responsibility for maintaining the confidentiality of your passwords, account identifiers, and all activities that occur under your account. You also agree not to give your password to anyone or assist a third party to gain access to any areas of the site restricted to registered users.
By becoming a register member of The Bator Site you further agree:
- You will not create accounts for the purpose of abusing the functionality of the site or other users;
- You will under no circumstances attempt to pass your self off as another member or person;
- You will notify us immediately if you become aware any authorized use of your password or account identifiers by others;
4. Termination of registration
You can terminate your account at any time by deleting it or by sending an email to [email protected] If you do not agree with the terms and conditions or any future modification, you must cease using the site. Continued use of The Bator site indicates your acceptance of these terms and conditions.
If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration sections and or any other areas of The Bator Site at any time without prior notice.
5. Third party advertising on The Bator Site
The Bator Site contains advertising material submitted by third parties. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
If you would like to advertise on The Bator Site, please contact us at [email protected]
6. User content
Users can post content for publication in various areas of The Bator Site. Registered member interactions with our site are governed by our Community Standards and Participation Guidelines accessible at thebatorblog.com/community-standards. These standards and guidelines are incorporated into the terms and conditions of The Bator Site, and by accessing this site you are deemed to have consented to these guidelines, standards, terms, and conditions.
When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to The Bator Site.
You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorize third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.
You acknowledge and agree that when you post content on the Bator Site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of The Bator, and we do not support or endorse any user content. You acknowledge that we have no obligation to screen, monitor, review, or edit any content posted by you and other users on the Bator Site.
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.
We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.
You warrant that the content you submit to us is not obscene, threatening, harassing, libelous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Bator Site to post or otherwise transmit content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Bator Site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Bator Site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Bator Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
You understand that the technical processing and transmission of the Bator Site may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. The Bator assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Bator Site.
Any queries regarding copyright and your content should be directed in the first instance to [email protected]
You may download certain Bator apps (“Apps”) either from Bator Sites or from third party app stores or shops. All of these terms apply to the maximum extent relevant to your use of the Apps (and in particular, the terms of section 6 apply where you are using an App to submit user content to the Bator Sites).
In addition to the limitations on our liability set out in Section 4, 16 and 17, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.
8. Data protection
9. Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the Bator Site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Bator Site after it has been posted.
10. Governing law & jurisdiction (except for US users)
These terms and conditions are governed by U.S. Law and the parties agree to submit to the exclusive jurisdiction of U.S courts.
In addition to section 6 the terms in Section above, you agree not to use the Bator Site to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).
12. No waiver
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of The Bator.
14. DMCA notice for US users
If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Bator Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including name a address, telephone number, and, if available, an email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;
The Bator’s designated copyright agent to receive notifications of claimed infringement is: [email protected] Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Accessing the The Bator from locales where the content is illegal is prohibited. You access The Bator at your own initiative and are responsible for compliance with local laws.
Governing Law And Jurisdiction
These terms and conditions are governed by the laws of the United States of America and the laws of the State of Arizona. You agree that exclusive jurisdiction for any claim or dispute with The Bator or relating in any way to your use of the Bator Site resides in the courts of the County of ?????, State of Arizona, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Maricopa, State of Arizona, in connection with any such dispute and including any claim involving BW Entertainment or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, THE MATERIALS ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE BATOR OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO YOU OR ANY OTHER PARTY, YOU ASSUME THE ENTIRE COST AND RESPONSIBILITY FOR SAME. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE BATOR, BE LIABLE, TO YOU OR OTHERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND, LOSS OF GOOD WILL, WORK STOPPAGE, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS, COMPUTER OR OTHER EQUIPMENT FAILURE OR MALFUNCTION.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, THE BATOR’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING THE BATOR’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).