TERMS & CONDITIONS
Welcome to BRIDGE Communication! These Terms & Conditions govern our relationship with users and others who interact with BioPrism, Inc., BRIDGE Communication and the BRIDGE Communication App (collectively referred to as “BRIDGE”). By using or accessing BRIDGE app, website, products, and services (“App”), you agree that you have read these Terms & Conditions and accept to be bound by them. BRIDGE reserves the right to change, modify, add, or delete portions of these Terms & Conditions at any time without further notice to you and most modifications are, unless stated otherwise, effective immediately. The current version of these Terms & Conditions will be located on our website at all times. Your continued use of the App after any such changes constitutes your acceptance of the revised Terms & Conditions.
Registration and Account Security
To use the App and backup your data to the BRIDGE server, you must register with BRIDGE and set up an account. To set up an account you have to provide accurate information about yourself including an email address and unique password. If you are under the age of 13 you cannot create an account without parental consent.
We value the security of your account but need your help in keeping it secure. You should keep your account up to date at all times. If you disable your account, you will need to get BRIDGE’s permission before creating another account. You agree that you will not share your password or give access to your account to other people. BRIDGE has the right in its sole discretion to cancel your account or change your username at any time without prior notice to you.
Ownership of Content
You accept and agree that you solely own and are solely responsible for all of the content on your account, including, but not limited to photos, profiles, messages, notes, posts, comments, videos, and other content that you may upload, publish, enter, share, transmit, disclose or display using the App (collectively, the “Content”). You hereby agree to only use the App for internal business or consumer purposes. You will not reproduce, resell or distribute the App for any purpose without the prior written consent of BRIDGE.
You will not offer or enable a third party to use the App purchased by you, display on any third party website or otherwise publish the App or any content contained within the Appl (other than Content created by you) or otherwise generate income from the App or use the App for the development, production, or marketing of a service or product the same, similar or related to the App.
You grant BRIDGE and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, post, modify, create derivate works, perform, and distribute your Content solely for the purpose of operating, developing, providing and using the App.
For all Content, you agree that you have read the following and accept the following:
a. You will not post unauthorized commercial communications (such as spam).
b. You will not post, upload, publish or share Content, or other proprietary information belonging to others, which is subject to intellectual property or other legal protection including, but not limited to, copyright, trademark, or trade secret protection without obtaining the prior written consent of the owner of such Content or proprietary information.
c. You will not collect other users’ Content or information, or otherwise access the App, using automated means (such as harvesting bots, robots, spiders, or scrapers).
d. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, using the App.
e. You will not upload viruses or other malicious code.
f. You will not solicit login information or access someone else’s account.
g. You will not bully, intimidate, or harass any user.
h. You will not post Content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
i. You will not use the App to do anything unlawful, misleading, malicious, or discriminatory.
j. You will not do anything that could disable, overburden, or impair the proper working or appearance of the App, such as a denial of service attack or interference with page rendering or other functionality.
k. You will not help or encourage another person to violate these Terms & Conditions or any other policies of BRIDGE.
BRIDGE has no control over and does not endorse the Content posted by you or other users. The Content does not reflect the opinions or policies of BRIDGE. BRIDGE makes no representations or warranties, express or implied, as to the Content or the accuracy, validity, or reliability of the Content or any other material or information users may upload, post, publish, share, transmit, disclose or display. You understand and accept that BRIDGE may, but is not required to, review and delete, without notice, any Content that, in the sole discretion of BRIDGE, violates these Terms & Conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. BRIDGE, regardless of Content ownership, reserves the right at all times to disclose any Content as authorized or required by any law, regulation or court order.
Intellectual Property of BRIDGE
Subject to these Terms & Conditions, we grant you a limited, non-exclusive, non-transferable, revocable license to use our App.
BRIDGE owns and retains all proprietary and other intellectual property rights in and to the App. The App contains certain protected materials such as trademarks, copyrights, and other proprietary information of BRIDGE and its licensors (“Protected Materials”). Except for any information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Protected Materials or information without the express written consent of BRIDGE. All trademarks, service marks and logos used in the App are the sole property of BRIDGE and its licensors. All content created by BRIDGE, its licensors, or its agents, such as texts, logos, graphics, images, java script code, HTML code and other software, is the property of BRIDGE. You do not have any rights or licenses to use any trademarks, service marks, logos, or any other property information of BRIDGE contained in the App.
You agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from the App or other software that may be made available by BRIDGE without the express written consent of BRIDGE or as otherwise permitted under an open source license.
BRIDGE respect the intellectual property of others. Accordingly, BRIDGE may deny or limit the access to the App to any user who is alleged to infringer another party’s copyright. BRIDGE will also response to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyright has been infringed in connection with the App, please provide written notice to the BRIDGE copyright agent:
(i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(ii) a description of the copyrighted work infringed;
(iii) a description of where the content you claim is infringing is located in the App;
(iv) information sufficient to permit us to contact you, such as your address, telephone number and email address;
(v) a statement by you that you have a good faith belief that the use of the content identified in the manner complained of us not authorized by the copyright owner, agent or the law; and
(vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Before you file this notification with the BRIDGE copyright agent, carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is infringing use.
BRIDGE Copyright Agent
P.O. Box 8003
Wilson, North Carolina 27893
By email: firstname.lastname@example.org
By phone: 252.293.0739
The BRIDGE Copyright Agent will not remove content from the App in response to phone or email notification regarding allegedly infringing content because a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on behalf of the copyright owner. The BRIDGE Copyright Agent should be contacted only if you believe that your work has been used in such a way that constitutes copyright infringement and the BRIDGE Copyright Agent will not response to any other inquiries.
Devices and Software
Please be aware that your carrier’s normal rates and fees, such as data usage, may apply. By using the App, including downloading the App, you consent to all rights necessary to enable the App and other applicable products to sync to your device. If you download any BRIDGE software, you consent to periodic downloads for software upgrades, improvements, enhancements and further developments of the BRIDGE software.
SymbolStix, Third Party Links and Services
The App may contain characters and logos licensed from SymbolStix LLC. The Library of Character/Logo Symbols contained in this App is included free of charge, may be used solely for communication purposes, and may not be sold, copied or otherwise exploited for any type of profit.
The App may contain links to other third-party websites, apps, services, products, or other activities that are not owned or controlled by BRIDGE. BRIDGE does not endorse or assume any responsibility for any such third-party website, app, service, product, or otherwise. If you access third-party information you do so at your own risk. You hereby release and forever discharge BRIDGE for any and all claims, damages, causes of action, losses and liability in any way related to or connected with such third-party link, website, app, and the products or services sold, offered, advertised or purchased on or through such third-party website.
You agree to defend, indemnify, and hold BRIDGE harmless from and against any and all loss, damage, claim judgment, demand, liability or expense (including reasonable attorney fees and expenses), in any way related to, arising out of, or connected with:
a. your Content or the Content of other users;
b. your use of the website;
c. your providing false, inaccurate, misleading or fraudulent information to BRIDGE;
d. your use of the App;
e. your violation or breach of any of these Terms & Conditions;
f. your violation or breach of any representation or warranty made by you to BRIDGE;
g. your violation or breach of any third party right, including without limitation, any intellectual property right, defamation, breach of confidence, or privacy right; or
h. any claim your Content caused damage to a third party.
Your defense and indemnification shall survive the termination of your account and the termination of your use of the App. You are solely responsible for your actions when using the App, including but not limited to, costs incurred for Internet access and standard data usage.
THE APP IS PROVIDED “AS-IS” WITH NO WARRANTIES WHATSOEVER EXCEPT AS OTHERWISE PROHIBITE BY APPLICABLE LAW. BRIDGE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES, EITHER EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE APP, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR USE OR A PARTICULAR PURPOSE, WARRANTIES BASED ON COURSE OF DEALING OR USAGE OF TRADE, OR WITH RESPECT TO THE SECURITY OR PRIVACY AFFORD TO CONTENT USING THE APP. BRIDGE DOES NOT REPRESENT OR WARRANT THAT THE APP WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, COMPLETE, AND ERROR FREE OR WILL OPERATE WITHOUT LOSS. THE PARTIES HEREBY AGREE THAT THE PROVISIONS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, AS ENACTED ANYWHERE, DO NO APPLY TO THESE TERMS & CONDITIONS AND DISCLAIM ANY WARRANTIES CONTAINED THEREIN.
BRIDGE takes no responsibility and assumes no liability for any Content that you or any other user or third-party posts using the App. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, or otherwise unsuitable for your purpose.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRIDGE BE LIABLE TO YOU OR ANY OTHER PERSON, ENTITY, OR ORGANIZATION FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE APP, YOUR PURCHASE OR USE OF ANY OF THE PRODUCTS OR SERVICES OFFERED BY THE APP, ADVERTISED, OR SOLD THROUGH THE WEBSITE OR APP, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS, EVEN IF ARISING FROM BRIDGE’S NEGLIGENCE AND EVEN IF BRIDGE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BRIDGE’S LIABILITY TO ANY USER FOR ANY CAUSE OF ACTION, CLAIM OR LIABILITY WHATSOEVER, AND REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, CLAIM OR LIABILITY, SHALL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS (U.S. $100.00) IN THE AGGREGATE.
BRIDGE may delete your account or Content, at any time, with or without notice or liability to you.
These Terms & Conditions survive termination of your account.
North Carolina Law Governs
These Terms & Conditions are governed by the laws of the State of North Carolina, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Wake County, State of North Carolina or the federal Eastern District of North Carolina.
BRIDGE may collect, process, and maintain your information in the United States, where privacy laws may not be as protective as in your home country. By using the App outside the United States, you are consenting to the transfer of your information to the United States for processing and maintaining in a manner consistent with these Terms & Conditions.
If any of the terms, provisions, or conditions contained in these Terms & Conditions shall be deemed invalid, void or unenforceable, that specific term, provision, or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms, provisions, and conditions.
No waiver of any term in this Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and BRIDGE’s failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.