BetterBred LLC Acceptable Use Policy

Your (“You” or “Your”) use of the BetterBred LLC (“Us”, “We” or “Our”) website (“Site,” as defined in the Website Terms of Use) must be in accordance with the following Acceptable Use Policy.

1. Unacceptable Material.

You agree that You will not e-mail, upload, post, distribute, display, or otherwise make available or transmit to, on, through, or in anyway in connection with the Site:

  • a) any data, text message, image, video, audio, file, or other material that an ordinary person would find or that We deem to be: (1) defamatory, abusive, hateful, harassing, threatening, or stalking; (2) indecent, obscene, pornographic, profane, racist, sexually explicit, or ethnically or culturally offensive; (3) in support of or encouraging violence, hatred, terrorism, or illegal acts or the containing discussion of any illegal acts with an intent to commit them; (4) otherwise objectionable at Our sole discretion; and (5) not suitable for persons under the age of 18;

  • b) any data, text message, image, video, audio, file, or other material that violates, dilutes, plagiarizes, misappropriates, or infringes the rights of any third-party including, without limitation, copyright, patent, trademark, trade secret, confidentiality obligation, a right of privacy or publicity, or any other proprietary right;

  • c) any person’s personal information without that person’s express consent, unless the information is already lawfully accessible to the public, truthful, and necessary to the submitted content;

  • d) any data, text message, image, video, audio, file, or other material that contains a virus, spyware, time bomb, worm, “Trojan horse,” bot, any automated use of the system (e.g. scripts) that performs actions without the consent of the user, or other harmful component;

  • e) any unauthorized advertisements, promotional materials, chain letters, pyramid schemes, petitions, or other solicitations of any kind; or

  • f) any content or material that violates the Privacy Policy or the Website Terms of Use, or the law of any applicable jurisdiction.

2. Unacceptable Behavior.

You also agree not to, in anyway in connection with the Site:

  • a) impersonate any person or entity or falsely state or otherwise misrepresent Your identity or affiliation with any person or entity, or misrepresent any third-party’s identity or affiliation with any person or entity;
  • b) engage in any illegal, disruptive, or destructive acts including, without limitation, “trolling,” “flaming,” “flooding,” or “spamming” (such terms have common meanings within the context of the internet), or cause any unnecessary network usage or violate any service provider’s or carrier’s terms of service;
  • c) solicit or collect personal data including telephone numbers, addresses, last names, or e-mail addresses of other users;
  • d) perform any action that impermissibly results in charges or has an impact on any other user, service provider, or carrier; and
  • e) provide any link to or web address of a website that contains material that would violate the terms of the Website Terms of Use.

3. Removal.

We reserve the right (but have no obligation) to remove any Content, whether such removal is for any reason or is for no reason. We may remove content that We believe violates this Acceptable Use Policy or the Website Terms of Use, or any other Additional Policy. We may, in our sole discretion, suspend or terminate Your User Account without notice and without liability to You for any reason, including, but not limited to, Our determination that You have violated this Acceptable Use Policy.

4. Copyright Disputes.

We are dedicated to operating in accordance with the U.S. Copyright Law and ask You to comply as well. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides owners of copyrighted material who suspect that their rights under U.S. Copyright Law have been violated with certain remedies. One such remedy is contacting the Internet service provider’s designated agent to report suspected infringements that appear on Web pages hosted by that Internet service provider.

  • a) If We receive a notification of suspected copyright infringement, and assuming the notification satisfies the requirements of the DCMA (discussed below), We may remove or prohibit access to such materials. However, You may submit to Us a counter-notice if you believe such notice of suspected copyright infringement was mistakenly filed.
  • b) We advise You to seek legal counsel if: (i) You believe Your copyrights have been infringed, or (ii) if a notice of copyright infringement has been filed against You. We will not be involved as a party to disputes over alleged copyright infringement and you agree to indemnify, defend and hold us harmless from and against any costs, damages or expenses (including reasonable attorney fees) We incur arising out of or related to any alleged or actual infringement involving You.
  • c) We reserve the right to terminate Your account or remove any content if We, in our sole discretion, believe the DMCA notification meets the criteria listed below.
  • d) Notification of Claimed Copyright Infringement.
    • i) If You believe Your copyrights have been infringed because of material appearing on a web page We host, you must file Your claim of infringement with Our designated agent via mail at the address below.
    • By Mail:
    • BetterBred LLC
    • 539 Ashland Ave
    • Buffalo NY 14222
    • Alternatively, You may email Us with Your complaint of claimed infringement.
    • By Email:
    • support@betterbred.com
    • ii) You must provide the following information in your written complaint to us in order for it to be valid under the DMCA:
      • 1) A physical or electronic signature of a 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 the service provider to locate the material.
      • 4) Information reasonably sufficient to permit the service provider 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.
      • 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.
    • iii) Elements 1-6 above are taken directly from 17 U.S.C. 512(c)(3). Please consult the DMCA for additional details on the information necessary for valid notification
    • iv) Please note: Misrepresentations and false accusations of copyright infringement may subject You to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys’ fees.
  • e) Counter-notification response to Claims of Copyright Infringement. You may file a counter-notification with Our designated agent. All such responses must be submitted to the address listed above in this section and must contain the following:
    • i) A physical or electronic signature of the subscriber.
    • ii) 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.
    • iii) 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.
    • iv) The subscriber’s name, address, and telephone number, and 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 the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
    • v) Elements (i) – (iv) above are taken directly from 17 U.S.C. 512(g)(3). Please consult the DMCA for additional details on the information necessary for valid notification.
    • vi) Please note: Misrepresentations and false responses to claims of copyright infringement may subject You to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys’ fees.
    • vii) As provided by the DMCA, after receipt of a valid counter-notification, We may restore or re-enable access to removed material.
  • f) Other Violations. Please contact us at any of the above addresses to report any other actual or potential violation of the Terms.

You accept and agree to be bound this Acceptable Use Policy and the Website Terms of Use.

 

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