Effective Date: April 2, 2020
1. We Provide Our Website For Your Convenience Only
Our Site is provided to you without charge as a convenience and for your information only. By merely providing access to our Site content, we do not warrant or represent that:
- the content is accurate or complete;
- the content is up-to-date or current;
- we have a duty to update any content;
- the content is free from technical inaccuracies or typographical errors;
- the content is free from changes caused by third party;
- your access to our Site will be free from interruptions, errors, computer viruses or other harmful components.
We do not assume any liability for these matters. In other words, you use our Site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Site, even if one of our representatives has been advised of the possibility of your damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and do not allow a disclaimer of implied warranties or other consumer protections. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
2. We Provide Our Website “As Is” and Disclaim All Warranties
Our Site, including all content, software and functions made available on or accessed through our Site, is provided “as available” and on an “as is” basis. To the fullest extent permissible by law, we and any subsidiaries and affiliates make no representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that:
- The Services and Content will meet your requirements;
- The Services and Content will be uninterrupted, timely, secure, or error-free;
- The results that may be obtained from the use of the Services or Content will be effective, accurate, or reliable;
- The quality of any Products, Services or Content obtained or accessible by you through the Site will meet your expectations;
- And, any errors in the Services or Content obtained through the Site, or any defects in the Site, its Services or Content will be corrected.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damage and do not allow a disclaimer of implied warranties or other consumer protections In such jurisdictions, our liability is limited to the greatest extent permitted by law.
3. We Do Not Have Responsibility For Links To Third Party Content
4. If We Provide a Link, We Do Not Necessarily Endorse a Third Party
5. If a Third Party Links to Our Site, It Is Not an Endorsement
- May link to, but not replicate, our content;
- May not create a browser, border environment or frame our content;
- May not imply that we are endorsing it or its products;
- Should not misrepresent its relationship with us;
- Should not present false information about our products or services;
- Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
6. If You Transmit or Provide Data to Us, It Is Non-Confidential
7. By Providing Content, We Do Not Allow You to Use Our Trademarks
The trademarks, service marks, trade names and logos used and displayed on our Site are our registered and unregistered trademarks. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, without our written permission. We aggressively enforce our intellectual property rights. The name “Begonia” or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without prior written permission. You may not use any metatags or any other “hidden text” utilizing Begonia’s name or trademarks without the express written consent of Begonia. You are not authorized to use our logo as a hyperlink to our Site unless you obtain our written permission in advance.
ALL OTHER TRADEMARKS, SERVICE MARKS, AND TRADE NAMES ARE THE PROPERTY OF THEIR RESPECTIVE COMPANIES. BEGONIA DISCLAIMS ANY PROPRIETARY INTEREST IN THE MARKS OF OTHER COMPANIES OR CORPORATIONS.
8. Registration and Passwords
9. You Must Obey Local Laws in Accessing Our Site
11. You Agree to Indemnify Us for Using Our Site
12. Third Parties May Have Rights Under This Agreement
Some of the provisions of this agreement are for the benefit of Begonia and its affiliates, officers, directors, employees, agents, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
13. How This Agreement May Be Terminated
14. Governing Law
15. Code of Conduct
must be your own original work. You may be entitled to incorporate into your contribution certain material made available on our websites but only where that is expressly made clear. Otherwise, all material in your contributions must be your own original piece of work and should not plagiarize others’ work;
must not infringe anyone else’s rights, including copyright. Your contributions must not plagiarize or infringe the rights of any other person including any copyright, database, trademark, trade secret, privacy, publicity, personal or proprietary rights of any kind. Existing articles, news reports, music, video clips or other copyright material must have the explicit permission of the relevant copyright owners;
must not contain unlawful or objectionable content nor involve disruptive, offensive or abusive behavior. Please be respectful and civil to other members, even if you disagree with them. Material that is unlawful, harassing, threatening, defamatory, obscene, offensive, abusive, hateful, inflammatory, profane, racially, sexually or religiously offensive or otherwise objectionable or unlawful is not acceptable;
must be true and accurate. Your contributions must be true, accurate (where they state facts) and be genuinely held (where they state opinions);
must not contain unsuitable or irrelevant website addresses or URLs. Links to pornography, commercial or other inappropriate content may be deleted;
must not promote illegal or anti-social behavior. Contributions must not contain violent or sexually explicit material or advocate, promote, or assist any unlawful act such as (by way of example only) terrorist acts, copyright infringement, or computer misuse;
must not misrepresent their origins. Contributions and/or user names may not be used to impersonate any other person, to misrepresent your identity or affiliation with any person or to give the impression that they emanate from us, if that is not the case;
must not be in any language other than English. Contributions in other languages may be removed; must not involve any flooding, spamming or advertising. Flooding is when the same comment is posted over and over in the same forum; spamming is the posting of the same comment (or very similar) to more than one forum. All advertisements, chain letters, pyramid schemes, junk mail and any other forms of commercial solicitation are prohibited;
must not disclose any personal information. Contributions to this website are publicly available and can be viewed by others with whom you may not wish to share such information. Do not include any personal or personally identifiable information about you or others (including your own or anyone else’s email address).
BREACH OF THE CODE OF CONDUCT
It will be our sole decision as to whether there has been a breach of this Code of Conduct. We have the right (but not the obligation) to edit, refuse to post, or to remove any contribution in whole or in part that we deem to be in breach of the Code of Conduct. Where we believe there is a breach of the Code of Conduct, we may take whatever action we feel is appropriate in the circumstances.
16. Failure to Comply
issuing a warning to you; immediate, temporary, or permanent withdrawal of any contribution or of your right to use our websites, including deletion of any personal profile;
legal proceedings against you for reimbursement of all losses and costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach and/or further legal action against you;
disclosure of such information to law enforcement authorities or other relevant third parties as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this Code of Conduct. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.