Terms of Service

Terms of Service

Consent to be Bound: These terms of service (“Terms and Conditions”) between you and Berkeley Mobile International Collaborative, Inc. (“BMIC”) govern your use of the BMIC website (“Website”). BMIC reserves the right to modify these Terms and Conditions at any time and to impose new or additional terms or conditions on your use. By using or visiting the Website, content and services, you indicate your agreement to these Terms of Service. Please discontinue your use of BMIC in the event that you do not agree to any of the terms of these Terms of Service.

BMIC Website Content: BMIC is available for individuals at least eighteen (18) years of age. You agree not to use or attempt to use BMIC if you are under the age of eighteen (18). Through the Website, BMIC will provide you with a variety of content, including information about the features BMIC offers to its registered users, the various business enterprises associated with BMIC, a way to access various BMIC services, and a variety of interactive areas. BMIC may modify, revise or discontinue any content, feature or service of the Website or BMIC with or without prior notice. In the future, BMIC may choose to offer other services that BMIC determines are appropriate, suitable, and desirable. Although BMIC will try to provide the most comprehensive services to you as possible, BMIC does not guarantee that any one or all of BMIC’s services or offerings will be available to you at any particular time. Please note, however, that all content, features, and services that BMIC does provide to you through this Website are subject to all of the Terms and Conditions contained herein.

Permissions and Restrictions; Your Conduct: BMIC grants you permission to access and use the Website as set forth in these Terms and Conditions, provided that you do not use or attempt to use BMIC or the Website in any manner inconsistent with or that would violate these Terms and Conditions, or any other policy or agreement referenced herein, as applicable. In using BMIC or the Website, your conduct must, at all times comply with all relevant laws, rules, and regulations, including all applicable federal, state, and local laws (and international laws, if applicable). If you choose to submit content to or through the Website or BMIC, you must also comply with all relevant terms and conditions of the End User Agreement. In addition, you agree to the following:

  1. You will not transmit false information through the Website or BMIC;
  2. You will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
  3. You will not upload, post, e-mail or otherwise transmit any information or content unless you have the lawful right to disseminate such content;
  4. All information submitted, uploaded, or otherwise transferred by you must clearly and accurately identify you as the source of the information; you may not disguise or falsify your identity when using the Website;
  5. You agree that your use of the Website will not violate any contractual or fiduciary obligations you have to third parties, including that you will not transmit the private, confidential, trade secret, trade mark, proprietary or other non-public information of any other party through the Website;
  6. You will not use the Website or any BMIC content for commercial purposes unless you receive prior written authorization from BMIC to do so, provided, however, that you may use Third Party Products (as defined in the End User Agreement) purchased through BMIC or the Website in accordance with the End User Agreement and the intended use of such Third Party Product;
  7. You will not alter or modify any part of the Website or BMIC content;
  8. You will not distribute in any medium any content of BMIC without prior written authorization from BMIC; and
  9. You will not use or employ any automated system (e.g., robots, spiders) or other tool to use BMIC or the Website or obtain content or information from the Website, however, BMIC grants permission to use such systems or tools for creating publicly available searchable indices of its content, but not caches or archives, to the operators of public search engines.

Property of BMIC and its Members: You understand and agree that BMIC, its Members (“Members” shall mean any individual or entity who directly or indirectly provides contributions or participation in BMIC activities including Sponsors, Universities, Institutions of Higher Learning, Student Teams, Student owned Corporations, University Faculty, Staff, and Students) own all right, title, and interest in the intellectual property related to the Website, including, without limitation, all trademarks, trade names, copyrights, logos, graphics, software, data and documentation. You also agree not to decompile, disassemble, reverse engineer, modify, copy, relicense, resell, rent, transfer, remove or export any software owned by BMI or our Members. Unless you receive prior written consent from BMIC or the Member, you are not permitted to use or reproduce any intellectual property owned by BMIC or our Members unless the material is marked for such use. Your use of the software by way of the Website or BMIC is through a non-exclusive right to use subject to the terms of these Terms and Conditions. Any use other than the intended use is prohibited and may subject you to civil and criminal penalties.

Property of Third Parties: You understand that BMIC may display or use other trademarks, trade names, copyrights, logos, or graphics owned by other copyright holders, for which BMIC has attained permission. You are not granted any right or license to use any of the aforementioned copyrighted material of third parties by virtue of you having access to the Website and BMIC.

Copyright Complaints: BMIC respects the intellectual property of others, and we ask our users to do the same.

  1. BMIC may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
  2. If you believe that your work has been copied and is accessible on or through BMIC or the Website in a way that constitutes copyright infringement, or that BMIC or the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify BMIC by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
    1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. 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;
    3. 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 BMIC to locate the material;
    4. Information reasonably sufficient to permit BMIC 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;
    5. 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; and
    6. 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

    BMIC, Inc
    ATTN: Copyright Agent
    575 Florida Street, Suite 125
    San Francisco, CA 94110

    Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to.

Third Party Content: The Website may contain hyperlinks, advertisements or content related to third party websites, products, including third party products, services or stores. BMIC may even redirect you automatically to third party websites or services and your usage of such will be governed, pending your acceptance, by their additional terms and conditions or policies, if applicable. You agree that BMIC is not responsible, nor shall BMIC be liable, for verifying the validity or accuracy of any third party material, content, products, including third party products, advertisements, websites, services or other related materials. In addition, BMIC does not warrant, will not be responsible for examining or evaluating the accuracy of, and will not have any liability or responsibility for any medical information, research or clinical materials or information provided by any third party material, content, products, advertisements, websites, services or other materials or documentation. Any medical content, services, information, advice or materials of any kind accessed through BMIC or the Website is for general information or reference purposes only and shall not be relied upon or replace any professional, clinical or medical advice or judgment provided by a physician or other health care professional. You agree that you will not use any third party materials or any services in a manner that would infringe upon or violate the rights of any other party and that BMIC is not in any way responsible for any such use by you.

Inappropriate Content: Through use of the Website and BMIC, you may encounter material or language that you deem inappropriate, offensive or objectionable, either through BMIC or through hyperlinks, advertisements or content related to third party websites, products, including third party products, services or stores.  You understand that the foregoing may occur and your use of BMIC and the Website is at your sole risk, and BMIC will not be liable to you for any such content.

Privacy: BMIC may collect and use certain information about you and your use of the Website and BMIC. BMIC is committed to protecting your privacy online and to keeping you informed of your online rights.  This Privacy Policy (“Policy”) applies to the website and services of BMIC.  Third party websites, applications and services you may access via BMIC are not subject to this Policy and may have their own privacy policies. We recommend that you read the privacy policy or notice of any such third party website, application or service to find out how they protect and/or handle your personal information.

  1. Information you provide BMIC directly: While you may visit BMIC without providing personal information, in order to fully utilize all of BMIC’s functionalities and other content, you must register for an account in which BMIC will require certain personal information.  Such personal information required or requested for registration may include, but shall not be limited to: name; gender; birth date; physical and electronic address(es); educational institutions attended; degrees held; telephone number(s); place(s) of employment; occupation or specialty; position(s) held; mobile device(s) owned and/or being used to access BMIC; BMIC user name and password. BMIC collects and may use your content submissions, your search queries, preferences, downloads attempted or made.
  2. Information BMIC collects automatically through your usage: BMIC may have and utilize capabilities to automatically collect certain information about you through your navigation and use of BMIC and its services. This type of information includes your browsing activity and behavior, such as other websites you visit and advertisements you exhibit interest in, as well as cookies and other technologies.  Information about your computer or device may also be collected automatically such as your mobile device’s unique device identifier.
  3. Information BMIC collects through other means: BMIC may have certain relationships with third parties such as advertisers, marketing groups, online social networks, or product developers which are featured through BMIC, from which BMIC may obtain information about you.  BMIC may also collect data through your use of third party products acquired from BMIC.  The information collected through such means may include location, demographic, and other personal information about you.
  4. How BMIC Uses the Information: BMIC may use your personal information to fulfill requests you make regarding our services, programs, products and offerings, and to offer you other services, programs, products and offerings that BMIC has reason to believe may be of interest to you.  BMIC may also use your personal information to communicate with you about your account, your usage, any user submissions you generate, including product reviews, ratings, forum posts or other content.  In the event that you choose to submit content, BMIC may publish information you provide us, such as your name, position, affiliation(s), and any area(s) of specialty alongside your review, rating, post or other content.  BMIC may use your personal information to notify you by mail (physical or electronic) of special offers, modifications to any agreements you are a party to, and any related newsletters.  BMIC may also utilize your personal information to enforce and/or convey legal terms and notifications pertaining to BMIC and your usage.
  5. Information Sharing and Disclosure: In the event that BMIC needs or chooses to share your personal information with a third party such as a Sponsor, BMIC will take any and all reasonably necessary steps to ensure that it does so safely and securely.  BMIC may share your personal information with trusted partners in order to provide you with the services of BMIC, or effectively share offers with you from BMIC or one of our trusted partners, but only those with which BMIC has executed confidentiality agreements.  BMIC may collect, use and sell your personal information to third parties other than trusted partners on an aggregated and blinded basis only.  The sharing of your personal data required for any transaction you attempt will be done securely, only with the third parties necessary to execute the transaction, and BMIC will request that such third parties treat your personal information appropriately.  BMIC may also share your information if required by law or to respond to a legal request.  In the event that BMIC’s corporate ownership structure should change, your personal information may be transferred to a successor organization, or subject to different terms. Any individual that BMIC authorizes to have access to, or control of, your personal information shall be required to protect it in a manner consistent with this Policy and said individual does not have the permission to use your information in any manner which is inconsistent with this Policy or outside the scope of the role BMIC intended for them.
  6. Security of Personal Information: BMIC utilizes physical, electronic and administrative procedures to safeguard your personal information.  BMIC uses a secured server behind a firewall to protect your stored account information and incorporates Secure Sockets Layer (SSL) for encryption purposes to protect your personal information during your online experience through BMIC’s website and application. Safeguards are also implemented for protection of your personal information at BMIC’s facilities.  Access to your information is limited to employees, agents, and contractors with specific access and who are required to properly handle and protect such information.  While BMIC cannot guarantee total security of your personal information, it can assure you that it implements safety measures which are standard in the mobile industry.
  7. Accessing and Updating Your Personal Information: BMIC maintains the personal information which is identifiable to you.  At your request, you may have access to this information for your review and modification.  If you want to request any of your personal information that is maintained by BMIC, and subsequently, if there are any corrections you desire to make, please contact BMIC at the address listed below.  You may also delete your BMIC account, which will result in the removal of some, but not all, of your personal information from BMIC’s records.
  8. Transfer of Personal Information to Other Countries: This Policy discusses uses and disclosures of your personal information, some of which may involve its transfer to foreign countries with levels of privacy protection which may be different than those of your home country or this Policy.  Through submitting your personal information to BMIC, you consent to such transfers.
  9. Cookies and Other Technologies: BMIC may use cookies or other electronic technologies to collect information about you for purposes of improving BMIC and your user experience.  This includes storing your searches and results, preferences, browsing techniques and behavior, which are captured through the use of cookies.  BMIC may also implement cookies in the course of advertising.  All information collected through the use of cookies will be handled in accordance with this Policy.  If you wish, you may choose to disable cookies on your browser, however, please understand that disabling cookies may limit BMIC’s functionality and ultimately, your user experience.
  10. Location Based Services: BMIC and certain third party applications that you acquire through BMIC may implement Location Based Services and/or Geofencing (“Location Technology”).  Location Technology enables BMIC or any third party utilizing it to have access to your actual physical location or approximation thereof.  Under certain circumstances, your ability to use certain services, applications or products may be affected or inhibited through such Location Technology.  It is your obligation to make yourself aware and educate yourself of any third party policies governing such Location Technology.
  11. Links to Third-Party Web Sites and Services: BMIC may provide you with links to third party websites or services either directly on BMIC’s website and application or indirectly by way of products it offers.  BMIC does not have control over such third party sites or services and is not responsible for any personal information that you may provide while you are visiting or utilizing them. BMIC encourages you to read and understand the privacy policies of any third party site or service prior to deciding whether or not you wish to provide any of your personal information.  In addition, third party sites may conduct their own data collection through cookies or other electronic technologies.
  12. Children: BMIC does not knowingly collect personal information of children under 13.  In the event that BMIC discovers that it is in possession of such information, it will take reasonable measures to delete the information.  If you have reason to believe that BMIC is in receipt of any personal information of an individual under the age of 13, please notify BMIC at the address below.  Individuals under 18 should not use BMIC.

Community Guidelines: BMIC permits individuals with End User Accounts to submit multiple forms of content in certain areas of the Website and BMIC. This conduct is subject to the community guidelines contained in the End User Agreement.

Advertisements: BMIC disclaims all liability for any advertisements that you may receive or any actions that you may take or refrain from taking as a result of any advertisement directed to you, or the BMIC community at large, from any party directly or indirectly in connection with or through the Website or BMIC. It is solely your responsibility for assessing and verifying the identity and trustworthiness of the source and content of any such advertisement. BMIC assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any advertisement.

Termination or Suspension of Access: BMIC reserves the right to terminate or suspend, at any time and effective immediately, your access to the Website and BMIC.

Disclaimer of Warranty AND Limitation of Liabilities: BMIC does not warrant that its Website will be uninterrupted or free from security breaches, errors, data loss, and other technical complications. You understand that while BMIC will take all reasonable necessary precautions TO protect your personal data OR ORGANIZATION’S DATA (AS APPLICABLE), it will not be liable for any unforeseen security breach that may lead to the unauthorized access of your information. Use of BMIC AND THE WEBSITE are at your sole risk, as they are made available to you “as is” and “as available”, without any express or implied warranties including, but not limited to, merchantability and fitness for a particular purpose.

To the extent not prohibited by law, in no event shall BMIC be liable to you for any injury or damage, physical or monetary, in relation to your use or inability to use the weBSITE OR happtique, regardless of the theory of liability. Any monetary loss resulting from your reliance upon information or data received ON OR THROUGH THE WEBSITE OR HAPPTIQUE is strictly your sole risk, responsibility and liability.  BMIC does not warrant as to the accuracy, completeness, or suitability of any Information, any research published or made available for informational purposes through the WEBSITE OR BMIC. IN NO EVENT shall BMIC be liable to you for any damages related to or arising from your use of the WEBSITE OR BMIC.

INDEMNITY AND WAIVER: YOU AGREE, THROUGH YOUR USE OF BMIC AND THE WEBSITE, TO HOLD HARMLESS, INDEMNIFY AND DEFEND BMIC AND OUR MEMBERS, OFFICERS, DIRECTORS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR DEMANDS, MADE BY ANY THIRD PARTY DUE TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR CONDUCT OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR BMIC, THE SERVICES OR ANY ADVERTISEMENT, ANY ALLEGED VIOLATION OR BREACH OF THESE TERMS AND CONDITIONS, OR ANY ALLEGED VIOLATION OF ANY APPLICABLE LAW OR REGULATION. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM BMIC OR OUR MEMBERS, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS AS A RESULT OF THE DENIAL TO PROCESS ANY INFORMATION, SUSPENSION OR TERMINATION OF YOUR USE OR ACCESS TO THE WEBSITE OR HAPPTIQUE, OR ANY ACTION TAKEN UPON AN ALLEGED VIOLATION, WITH OR WITHOUT PROVIDING NOTIFICATION TO YOU.

Compliance with Law and Export Restrictions: Your use of the Website and BMIC subjects you to all pertinent import and export laws of the United States and the laws of any other applicable jurisdictions. You agree to be solely responsible for compliance with all such laws. You agree not to export, re-export, or transfer, directly or indirectly, any data or software obtained through the Website or BMIC, to any United States embargoed country or citizen (person or entity) thereof, or to any person or entity appearing on the United States Department of Commerce Denied Persons List or Entity List. You also agree not to transfer, export or re-export, directly or indirectly any data or software acquired through the Website or BMIC for use or to users in military or proliferation activities (nuclear, missile, chemical or biological weapons) without United States Government authorization. Your use of the Website and BMIC constitutes your agreement to comply with the foregoing and all other federal, state, local, and international laws, as applicable.

Commercial Goods: Content of BMIC and the Website may constitute “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with those statutes, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to United States Government end users, if applicable: (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Entire Agreement: These Terms and Conditions, reflect the entire agreement between you and BMIC regarding the subject matter hereof, and supersedes all prior agreements between the parties, whether written (including electronic) or oral. To the extent that your use of BMIC requires that you register for an account, you will need to agree to the End User Agreement, to which additional terms and conditions will apply. In the event that any provision of these Terms and Conditions conflicts with an accepted End User Agreement, the End User Agreement shall prevail.

Modifications: BMIC may, in its sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions. The date of the most recent modifications or revisions will appear on this page, so check back often. Continued access of BMIC by you will constitute your acceptance of any modifications or revisions to these Terms and Conditions.

Governing Law: Your use of BMIC and the Website shall be governed in all respects by the laws of the State of California, without giving effect to the conflict of law principles thereof, and venue shall be proper only in a court of competent jurisdiction located in the State of California in San Francisco County. You agree to be subject to personal jurisdiction in and consent to the service of process issued by a court in which venue is proper as defined in this Section. Your use of any third party products, websites or services may also be subject to other local, state, national, or international laws.

Assignment: BMIC may assign, license, transfer or subcontract any of its rights and/or responsibilities under these Terms and Conditions at any time. You may not assign, license, transfer or subcontract any of your rights or obligations under these Terms and Conditions without BMIC’s express written consent.

Please direct your questions regarding BMIC, the Website, these Terms and Conditions or any other policies issued by BMIC via our Contact Us Page. You may also contact BMIC at 575 Florida Street, Suite 125, San Francisco, CA 94110

Last Updated: July 3, 2011

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