By accepting the following AGREEMENT, you are agreeing to
comply with and be bound by the following terms of use. Please review
the following terms carefully. If you do not agree to these terms,
you should not use this program. The term "Industry Networks",
"BNC Network", "BNC" "us" or "our"
refers to Industry Networks (FZC), the legal name of the developers
of the BNC Network. The term "you" refers to the user
or viewer of the BNC Network.
1.0 Acceptance of AGREEMENT
You agree to the terms and conditions outlined in this Terms of
Use AGREEMENT ("AGREEMENT") with respect to using the
BNC Network. This AGREEMENT constitutes the entire and only AGREEMENT
between us and you, and supersedes all prior or contemporaneous
AGREEMENTs, representations, warranties and understandings with
respect to the BNC Network, the CONTENT, products or services provided
by or through the BNC Network, and the subject matter of this AGREEMENT.
This AGREEMENT may be amended from time to time by us at any time
without specific notice to you. The latest AGREEMENT will be updated
in your BNC desktop client and on the bncnetwork.net website,
and you should review this AGREEMENT prior to using the BNC Network.
2.0 Copyright
The CONTENT, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the
BNC Network are protected under applicable copyrights, trademarks
and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication
by you of any such matters or any part of the BNC Network, except
as allowed by Section 4 below, is strictly prohibited. You do not
acquire ownership rights to any CONTENT, document or other MATERIALs
viewed through the BNC Network even if the information is stored
on your computer system(s). The posting of information or MATERIALs
on the BNC Network does not constitute a waiver of any right in
such information and MATERIALs. Some of the CONTENT on the BNC Network
is the copyrighted work of third parties.
3.0 Service Marks
"BNC Network", "Industry Networks" and others
are our service marks or registered service marks or trademarks.
Other product and company names mentioned on the BNC Network may
be trademarks of their respective owners.
4.0 Limited License
You are granted a non-exclusive, revocable license (a) to access
and use the BNC Network strictly in accordance with this AGREEMENT;
(b) to use the BNC Network solely for internal, personal, non-commercial
purposes; and (c) to print out discrete information from the BNC
Network solely for internal, personal, non-commercial purposes and
provided that you maintain all copyright and other policies contained
therein. No print out or electronic version of any part of the BNC
Network or its CONTENTs may be used by you in any litigation or
arbitration matter whatsoever under any circumstances.
Your right to use the BNC Network is not transferable or assignable.
Any password or right given to you to obtain information or documents
is not transferable or assignable.
Each registration is for your personal use only. We do not permit
(a) any other person using the registered sections under your name;
or (b) access through a single name being made available to multiple
users on a network. You are responsible for preventing such unauthorized
use.
5.0 Restrictions and Prohibitions on Use
Your license for access and use of the BNC Network and any information,
MATERIALs or documents (collectively defined as "CONTENT and
MATERIALs") therein are subject to the following restrictions
and prohibitions on use: You may not (a) copy, print (except for
the express limited purpose permitted by Section 4 above), republish,
display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of
the BNC Network or any CONTENT and MATERIALs retrieved from it;
(b) use the BNC Network or any MATERIALs obtained from the BNC Network
to develop, of as a component of, any information, storage and retrieval
system, database, information base, or similar resource (in any
other media now existing or hereafter developed), that is offered
for commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of any CONTENT
and MATERIALs from the BNC Network; (d) use any CONTENT and MATERIALs
from the BNC Network in any manner that may infringe any copyright,
intellectual property right, proprietary right, or property right
of us or any third parties; (e) remove, change or obscure any copyright
notice or other proprietary notice or terms of use contained in
the BNC Network; (f) make any portion of the BNC Network available
through any timesharing system, service bureau, the Internet or
any other technology now existing or developed in the future; (g)
remove, decompile, disassemble or reverse engineer the BNC Desktop
client or any other software associated with the BNC Network, or
use any network monitoring or discovery software to determine the
BNC Network architecture; (h) use any automatic or manual process
to harvest information from the BNC Network; (i) use the BNC Network
for the purpose of gathering information for or transmitting (1)
unsolicited commercial email; (2) email that makes use of headers,
invalid or nonexistent domain names, or other means of deceptive
addressing; and (3) unsolicited telephone calls or facsimile transmissions;
(j) use the BNC Network in a manner that violates any state, federal
or international law regulating email, facsimile transmissions or
telephone solicitations; and (k) export or re-export the BNC Network
or any portion thereof, or any software available on or through
the BNC Network, in violation of international export control laws
or regulations.
6.0 No Legal Advice
Information contained on or made available through the BNC Network
is not intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance. We do not warrant
or guarantee the accurateness, completeness, adequacy or currency
of the information contained in or linked to the BNC Network. Your
use of information on the BNC Network or MATERIALs linked to the
BNC Network is entirely at your own risk.
7.0 Advertisers
The BNC Network may contain advertising and sponsorships. Advertisers
and sponsors are responsible for ensuring that MATERIAL submitted
for inclusion on the BNC Network is accurate and complies with applicable
laws. We are not responsible for the illegality or any error, inaccuracy
or problem in the advertiser's or sponsor's MATERIALs.
8.0 Registration
Certain sections of, or offerings from, the BNC Network require
you to register. If registration is requested, you agree to provide
us with accurate, complete registration information. Your registration
must be done using your real name and accurate information.
9.0 Errors, Corrections and Changes
We do not represent or warrant that the BNC Network will be error-free,
free of viruses or other harmful components, or that defects will
be corrected. We do not represent or warrant that the information
available on or through the BNC Network will be correct, accurate,
timely or otherwise reliable. We may make changes to the features,
functionality or CONTENT of the BNC Network at any time. We reserve
the right in our sole discretion to edit or delete any documents,
information or other CONTENT appearing on the BNC Network.
10.0 Third Party CONTENT
Third party CONTENT may appear on the BNC Network or may be accessible
via links from the BNC Network. We are not responsible for and assume
no liability for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or profanity in the
statements, opinions, representations or any other form of CONTENT
on the BNC Network. You understand that the information and opinions
in the third party CONTENT represent solely the thoughts of the
author and is neither endorsed by nor does it necessarily reflect
our belief.
11.0 Unlawful Activity
We reserve the right to investigate complaints or reported violations
of this AGREEMENT and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to
law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage history,
posted MATERIALs, IP addresses and traffic information.
12.0 Indemnification
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns,
third party suppliers of information and documents, advertisers,
product and service providers, and affiliates (collectively, "AFFILIATED
Parties") harmless from any liability, loss, claim and expense
related to your violation of this AGREEMENT or use of the BNC Network.
13.0 Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE BNC NETWORK
ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL
FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION
14(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US
AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE BNC NETWORK OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT
IS DISCLAIMED.
14.0 Limitation of Liability
(a) We and any AFFILIATED party shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any
way from (a) any errors in or omissions from the BNC Network or
any services or products obtainable therefrom, (b) the unavailability
or interruption of the BNC Network or any features thereof, (c)
your use of the BNC Network, (d) the CONTENT contained on the BNC
Network, or (e) any delay or failure in performance beyond the control
of a Covered Party.
(b)THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION
WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE BNC NETWORK AND/OR
THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN
OR HEREBY SHALL NOT EXCEED THE ANNUAL BNC NETWORK SUBSCRIPTION FEE
AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU
MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
15.0 Use of Information
We reserve the right, and you authorize us, to the use and assignment
of all information regarding uses of the BNC Network by you and
all information provided by you in any manner consistent with our
Privacy Policy. All remarks, suggestions, ideas, graphics, or other
information communicated by you to us (collectively, a "Submission")
will forever be our property. We will not be required to treat any
Submission as confidential, and will not be liable for any ideas
(including without limitation, product, service or advertising ideas)
and will not incur any liability as a result of any similarities
that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all present
and future existing rights to the Submission of every kind and nature
everywhere. We will be entitled to use the Submission for any commercial
or other purpose whatsoever, without compensation to you or any
other person sending the Submission. You acknowledge that you are
responsible for whatever MATERIAL you submit, and you, not us, have
full responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
16.0 Third-Party Services
We may allow access to or advertise certain third-party product
or service providers ("MERCHANTS") from which you may
purchase certain goods or services. You understand that we do not
operate or control the products or services offered by MERCHANTS.
MERCHANTS are responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a party to the transactions
entered into between you and MERCHANTS. You agree that use of or
purchase from such MERCHANTS is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
17.0 Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part
of this AGREEMENT. You must review this Privacy Policy.
18.0 Payments
You represent and warrant that if you are purchasing something from
us or from MERCHANTS that (i) any credit information you supply
is true and complete, (ii) charges incurred by you will be honored
by your credit card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any applicable taxes.
19.0 Links to other Websites
The BNC Network contains links to Websites. We are not responsible
for the CONTENT, accuracy or opinions expressed in such websites,
and such websites are not investigated, monitored or checked for
accuracy or completeness by us. Inclusion of any linked Web site
on our Site does not imply approval or endorsement of the linked
Web site by us. If you decide to access third-party sites listed
on or referred to by the BNC Network, you do so at your own risk.
20.0 Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to
do the same. If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide our
Copyright Agent the following information:
a. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been
infringed;
c. A description of where the MATERIAL that you claim is infringing
is located on the BNC Network;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; and
f. A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf. Our
Copyright Agent for Notice of claims of copyright infringement on
the BNC Network can be reached by directing an e-mail to the Copyright
Agent at
service@bncnetwork.net.
21.0 Information and Press Releases
The BNC Network contains information and press releases about us.
We disclaim any duty or obligation to update this information or
any press releases. Information about companies other than ours
contained in the press release or otherwise, should not be relied
upon as being provided or endorsed by us.
22.0 Legal Compliance
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of
the BNC Network and the CONTENT and MATERIALs provided therein.
23.0 Refund and Return Policy
Please note, that no refunds are given on products and
services provided by or through the BNC Network, including but not
limited to the BNC annual subscription fee.
24.0 Miscellaneous
This AGREEMENT shall be treated as though it were executed and performed
in the United Arab Emirates and shall be governed by and construed
in accordance with the laws of the United Arab Emirates (without
regard to conflict of law principles). Any cause of action by you
with respect to the BNC Network (and/or any information, Documents,
products or services related thereto) must be instituted within
one (1) year after the cause of action arose or be forever waived
and barred. All actions shall be subject to the limitations set
forth in Section 13 and Section 14. The language in this AGREEMENT
shall be interpreted as to its fair meaning and not strictly for
or against any party. Any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall
not apply in interpreting this AGREEMENT. This AGREEMENT and all
incorporated AGREEMENTs and your information may be automatically
assigned by us in our sole discretion to a third party in the event
of an acquisition, sale or merger. If any provision of this AGREEMENT
is held illegal, invalid or unenforceable for any reason, that provision
shall be enforced to the maximum extent permissible, and the other
provisions of this AGREEMENT shall remain in full force and effect.
If any provision of this AGREEMENT is held illegal, invalid or unenforceable,
it shall be replaced, to the extent possible, with a legal, valid,
and enforceable provision that is similar in tenor to the illegal,
invalid, or unenforceable provision as is legally possible. To the
extent that anything in or associated with the BNC Network is in
conflict or inconsistent with this AGREEMENT, this AGREEMENT shall
take precedence. Our failure to enforce any provision of this AGREEMENT
shall not be deemed a waiver of such provision nor of the right
to enforce such provision. Our rights under this AGREEMENT shall
survive any termination of this AGREEMENT. The title, headings and
captions of this AGREEMENT are provided for convenience only and
shall have no effect on the construction of the terms of this AGREEMENT.
25.0 Arbitration
Any legal controversy or legal claim arising out of or relating
to this AGREEMENT or our services, excluding legal action taken
by us relating to operations and/or intellectual property, shall
be settled solely by confidential binding arbitration in accordance
with the commercial arbitration rules. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in the United Arab Emirates.
Each party shall bear its own attorneys' fees. Each party shall
bear one-half of any arbitration fees and costs incurred.You must
periodically review this Privacy Policy as it may change from time
to time.
Industry Networks is committed to protecting your privacy. This
Industry Networks Privacy Statement applies to data collection and
usage of Industry Networks programs, sites, and services.
Please read the Industry Networks Privacy Statement below and also
any supplementary information at the end of this statement for additional
details about particular Industry Networks programs, sites and services
that you may use.
Industry Networks offers industry specific information. Personal
information of all users is collected, used and disclosed as described
in this Privacy Statement.
Collection of your Personal Information
Industry Networks collects corporate and personal information, such
as your e-mail address, name, home or work address or telephone
number. Industry Networks may also collect demographic information,
such as your ZIP code, age, gender, preferences, interests and favorites.
Information collected by Industry Networks may be combined with
information obtained from other services.
Industry Networks keeps track of the pages our customers visit within
Industry Networks, in order to determine what Industry Networks
programs, sites and services are the most popular.
Industry Networks also collects certain information about your computer
hardware and software. This information may include: your IP address,
browser type, domain names, and access times.
Certain Industry Networks services may be co-branded and offered
in conjunction with another company. If you register for or use
such services, both Industry Networks and the other company may
receive information collected in conjunction with the co-branded
services.
Use of your Personal Information
Industry Networks and its operational service partners collect and
use your information to operate Industry Networks and deliver the
services you have requested. These services may include the display
of customized content and advertising based upon the information
Industry Networks has collected. Industry Networks does not use
or disclose sensitive personal or corporate information, such as
race, religion, or political affiliations, without your explicit
consent.
Industry Networks also uses your personal information to inform
you of other Industry Networks or affiliate products or services
that are available. Industry Networks may also contact you via surveys
to conduct research about your opinion of current services or of
potential new services that may be offered.
Industry Networks does not sell, rent or lease its customer lists
to third parties. Industry Networks may, from time to time, contact
you on behalf of external business partners about a particular offering
that may be of interest to you. In those cases, your personal information
(e-mail, name, address, telephone number) is not transferred to
the third party.
We occasionally hire other companies to provide limited services
on our behalf, such as handling the processing and delivery of mailings,
providing customer support, processing transactions, or performing
statistical analysis of our services. We will only provide those
companies the personal information they need to deliver the service.
They are required to maintain the confidentiality of your information
and are prohibited from using that information for any other purpose.
Industry Networks may access and/or disclose your personal information
if required to do so by law or in the good faith belief that such
action is necessary to: (a) conform to the edicts of the law or
comply with legal process served on Industry Networks or the site;
(b) protect and defend the rights or property of Industry Networks,
including its Industry Networks family of Web sites; or (c) act
under exigent circumstances to protect the personal safety of users
of Industry Networks services or members of the public.
Personal information collected on this site may be stored and processed
in any country in which Industry Networks or its affiliates, subsidiaries
or agents maintain facilities, and by using this site, you consent
to any such transfer of information outside of your country. Industry
Networks abides by the safe harbor framework as set forth by the
U.S. Department of Commerce regarding the collection, use, and retention
of data from the European Union.
You may have the ability to view or edit your personal information:
Industry Networks is committed to protecting the security of your
personal information. We use a variety of security technologies
and procedures to help protect your personal information from unauthorized
access, use, or disclosure. For example, we store the personal information
you provide on computer systems with limited access, which are located
in controlled facilities. When we transmit highly confidential information
(such as a credit card number) over the Internet, we protect it
through the use of encryption, such as the Secure Socket Layer (SSL)
protocol.
Use of Cookies
Industry Networks uses "cookies" to help you personalize
your online experience. A cookie is a text file that is placed on
your hard disk by a Web page server. Cookies cannot be used to run
programs or deliver viruses to your computer. Cookies are uniquely
assigned to you, and can only be read by a web server in the domain
that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience
feature to save you time. For example, if you personalize Industry
Networks' pages, or register with Industry Networks sites or services,
a cookie helps Industry Networks to recall your specific information
on subsequent visits. This simplifies the process of recording your
personal information, such as billing addresses, preferred email
address, and so on. When you return to Industry Networks, the information
you previously provided can be retrieved, so you can easily use
the Industry Networks features that you customized.
You have the ability to accept or decline cookies. Most Web browsers
automatically accept cookies, but you can usually modify your browser
setting to decline cookies if you prefer. If you choose to decline
cookies, you may not be able to fully experience the interactive
features of the Industry Networks services or Web sites you visit.
Use of Web Beacons
Industry Networks Web pages may contain electronic images known
as Web beacons - sometimes called single-pixel gifs - that allow
Industry Networks to count users who have visited those pages and
to deliver co-branded services. Industry Networks may include web
beacons in promotional e-mail messages or Industry Networks Newsletters
in order to count how many messages have been opened and acted upon.
Web beacons collect only a limited set of information including
a cookie number, time and date of a page view, and a description
of the page on which the Web beacon resides. Industry Networks Web
pages may also contain Web beacons placed there by third parties
in order to compile aggregated statistics and to help determine
the effectiveness of our joint promotional or advertising campaigns.
Industry Networks prohibits web beacons from being used to access
your personal information.
Use of Third Party Ad Networks
The majority of the online banner advertisements you see on Industry
Networks Web pages are displayed by Industry Networks.
In addition, Industry Networks allows other companies, called third-party
ad servers or ad networks, to display advertisements on Industry
Networks Web pages. Some of these ad networks may place a persistent
cookie on your computer. Doing this allows the ad network to recognize
your computer each time they send you an online advertisement. In
this way, ad networks may compile information about where you, or
others who are using your computer, saw their advertisements and
determine which ads are clicked on. This information allows an ad
network to deliver targeted advertisements that they believe will
be of most interest to you. Industry Networks does not have access
to or control of the cookies that may be placed by the third-party
ad servers or ad networks.
Industry Networks maintains relationships with a number of the third-party
ad networks. Those ad networks that use persistent cookies may offer
you a way to opt out of ad targeting. You may find more information
at the Web site of either the individual ad network or the Network
Advertising Initiative.
Changes to this Statement
Industry Networks will occasionally update this Privacy Statement
to reflect company and customer feedback. If there are material
changes to this Statement or in how Industry Networks will use your
personal information, Industry Networks will prominently post such
changes prior to implementing the change. Industry Networks encourages
you to periodically review this Statement to be informed of how
Industry Networks is protecting your information.