Usage Agreement
This Usage Agreement (this "Agreement") governs your conduct while using various services on this Web site, located at http://www.bayunity.com (the "Site"), operated by Eco Tek Solutions, Inc. ("BayUnity"). This Agreement applies to various services and activities on the Site as well as the BayUnity product reviews and ratings service ("Review Service") which is accessible through the Site and those of third parties ("Third Party Sites"). Please read this Policy carefully.
BY ACCESSING, BROWSING AND USING THE SITE, ANY SERVICE THEREIN, OR BAYUNITY'S REVIEW SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ITS TERMS. IF YOU DO NOT AGREE TO THIS AGREEMENT OR ANY SUBSEQUENT MODIFICATION THEREOF, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SITE OR THE REVIEW SERVICE, INCLUDING THE SUBMISSION OF ANY REVIEWS OR COMMENTS.
Other Applicable Terms
Please be advised:
Prices, inventory, and product information are provided by the seller and may include promotional discounts that are not available to all customers. We assume no responsibility for the accuracy of price information provided by merchants, however, please alert us of any inappropriate listings so we can notify the seller. Additionally, sales taxes and shipping costs may not be included with the prices. Please verify total costs with the seller.
Product specifications and information are from third parties, and while we make every effort to ensure the accuracy of product information, we do not assume any liability for inaccuracies. Product reviews are written and submitted by online users to assist you in the selection process. They do not reflect our opinions. We take no responsibility for the content of ratings and reviews submitted by users.
Your use of the Site is governed by the BayUnity.com Terms of Use ("Site Terms"). This Agreement shall govern in the event of, and to the extent of, any inconsistency with the Site Terms. Please review BayUnity's Privacy Policy to understand BayUnity's practices regarding the collection, use and disclosure of personal information on the Site and through the Review Service.
Usage Rules
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site or the Review Service, including the submission of product ratings and reviews and all other data, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments or other materials (collectively, "Content").
BayUnity, as a provider of interactive services, provides the Review Service, the Site, and the applications and services therein as a forum only. BayUnity is not liable for any statements, representations, or Content provided by its users in any public forum on the Site or any Third Party Site, including without limitation in the Review Service. Any reviews and ratings submitted to the Review Service, if displayed, are displayed for entertainment and informational purposes only. More generally, Content posted via or on the Site or Third Party Site, including the Review Service, is not controlled by BayUnity. BayUnity cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Review Service, you may be exposed to Content that may be offensive, indecent or objectionable. Under no circumstances will BayUnity be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site or Review Service.
With respect to your conduct on the Site or while using the Review Service, you agree not to:
• harm minors in any manner;
• attempt to disguise the origin of any Content transmitted to the Review Service whether through the Site or any Third Party Site;
• act in any manner that negatively affects other users' ability to use the Review Service;
• impersonate any person or entity, including, without limitation, a Site moderator or a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• interfere with the Site or Review Services, or servers or networks connected to the Site or Review Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Review Services;
• upload, post or otherwise transmit any Content that:
o with respect the Review Service, is not relevant to the product, service, person or entity being reviewed;
o is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
o you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
o contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
o infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; or
o is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Ownership of Ratings and Reviews
By transmitting product or service ratings or reviews (collectively, "Reviews") to the Review Service, you hereby (a) irrevocably assign and transfer to BayUnity all of your rights, title and interest, on a worldwide basis, including, without limitation, all intellectual property rights and moral rights, in and to such Reviews; (b) to the extent the preceding assignment and transfer is ineffective, grant BayUnity an exclusive, irrevocable, royalty-free, perpetual and fully sub licensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such Reviews throughout the universe in any media, now known or hereafter devised; (c) grant BayUnity, its affiliates and sublicensees the right to use the name, identifier, or any portion thereof, submitted in connection with such Reviews, if they so choose; and (d) represent and warrant that (i) such Reviews are either original to you, or all third party rights have been fully cleared for use as contemplated by this Agreement; (ii) such Reviews do and will not, in any way, violate or breach any of the terms of this Agreement, and (iii) BayUnity shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Reviews.
Without limiting the foregoing, once Reviews are submitted to BayUnity, BayUnity may take any or no action with respect to such Reviews, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such Reviews. Further, operator's of Third Party Sites may elect to delete, edit, modify, reject or refuse to post Reviews on their sites. BayUnity may, but is under no obligation to, offer you the opportunity to edit, delete or otherwise modify Reviews once the Reviews have been submitted to BayUnity. BayUnity shall have no duty to attribute authorship of Reviews to you, and shall not be obligated to enforce any form of attribution by third parties.
Waiver of Moral Rights
If, despite the foregoing assignment and transfer of rights in the Reviews, it is determined that you retain moral rights (including rights of attribution or integrity) in the Reviews, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Reviews, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Reviews by BayUnity or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Reviews; and (d) you forever release BayUnity, and its licensees, successors and assigns, from any claims that you could otherwise assert against BayUnity by virtue of any such moral rights.
System and Network Security and Integrity
You are prohibited from violating the security of any system or network comprising the Site or the Review Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Site or Review Service or to breach security or authentication measures.
• Unauthorized monitoring of data or traffic on the Site or Review Service.
• Interference with the Site or Review Service including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
• Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
• Using manual or electronic means to avoid any use or access limitations placed on this Site or the Review Service.
Enforcement
Notwithstanding anything to the contrary in this Agreement, BayUnity reserves the right, but does not assume the obligation, to investigate any violation of this Agreement or any other misuse of the Site, the Review Service, or its systems, equipment or network. BayUnity and all operators of Third Party Sites hosting the Review Service further reserves the right (each in its sole discretion) to screen, edit, modify, remove or disable access to any Content that violates these provisions or that BayUnity or the Third Party Site operator deem objectionable. Without limitation of the foregoing, and notwithstanding anything contrary in its Privacy Policy, BayUnity reserves the right to report any activity or persons (including the disclosure of appropriate subscriber information) to appropriate law enforcement officials, regulators, or other appropriate third parties that BayUnity suspects has violated any law or regulation. BayUnity also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS THEREOF BY A THIRD PARTY ON BEHALF OF ANY USER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH USER.
If you want to report any violations of this Agreement, please contact us at the following address or email us at supoort@bayunity.com:
Eco Tek Solutions, Inc.
8030 La Mesa blvd., # 227
La Mesa, CA 91942