Bponi shall provide to Users the programs and the technological assets, from time to time made available on the Website, suitable in order to allow Users to upload, download, share and exchange for free, directly with each other, information, texts, digital material in general with didactical and/or informative content (hereinafter also referred to as "Digital Contents").
1.1 By uploading the Digital Contents on the Website, Users allows Bponi free of charge to host on the Website the Digital Contents, for their use, reproduction, file compression or file conversion for their publication, or other use, pursuant to this Terms and Conditions and the functions from time to time available on the Website.
Such authorization shall be deemed automatically revoked should the Digital Contents be removed from the Website by Users.
1.2 By uploading the Digital Contents on the Website, Users also allow other Users to visualize, consult and download the Digital Contents, pursuant to this Terms and Conditions and other functions from time to time available on the Website.
1.3 By uploading the Digital Content onto the website, the User hereby grants to Bponi without prejudice to the authors moral rights which remain with the same User - the non-exclusive and free license, without any limitations on time or territory, to use the Digital Content uploaded and sublicense the aforementioned Digital Content to third parties, whether for a consideration or free of charge.
The license granted by the User is subject to the following intellectual property rights:
All usage rights and economic exploitation, with full concession/sub-licensing rights - without any limits or constraints of time, space or any other nature and even for consideration – of the digital content and/or parts thereof;
The right to publish the Digital Content - in whole or in part - in printed media and/or multimedia portals (both offline and online, through the so-called "electronic publication rights") and/or on printed editions, also subdividing its publication across different dossiers;
The right to process and/or have the Digital Content produced in paper form and multimedia versions that include but are not limited to: in mute and with sound, in sing and/or speech, in black and white and/or in colour, live and/or with dubbing and with all systems and procedures already known and/or that could be discovered in the future, as well as the right to adapt the Digital Content for any country, with the rights to "first publication" and to create "special", "back-stage" and/or the "making of";
The right to process, record, reproduce, publish and/or distribute the Digital Content in its full text or in its individual constituent elements worldwide, in free transposition, by any means and multimedia support (by way of example, but not limited to: iPad; iPhone; smartphone; tablet PC; etc.);
The right to process and reproduce the Digital Content - in whole or in part – worldwide, through pictorial, sculptural, cinematographic techniques and in any form of artistic expression belonging to art techniques;
The rights connected, derived and accessory to the rights indicated above, including among others the right of commercial exploitation (so-called "merchandising") of the characters, scenes and/or any other component of the Digital Content in general, along with the production - by way of example and not exhaustive - of videogames, posters, board games, figurines, books, comics, phoTerms of Services, stuffed animals, toys, articles of clothing, stationery items and - more generally - all merchandising products that can be drawn from the Digital Content;
The right, in relation to the nature of the means of diffusion/communication and without prejudice to the moral rights of the author, to make modifications, conversions, adaptations, additions, reductions, suppressions, variations and any other form of processing, including transcription, translation, dubbing and subtitling, and in regards to the setting, inspiration and imprint of what is constituted on the Digital Content and/or of individual parts and elements of the same;
The right to publish the Digital Content for printed and digital media as well as the right to reduce the Digital Content to literature and theatrical forms
The right to further process and utilize the Digital Content through transposition and in new and/or different context, with reference to the original, in every way, shape or form without limits of time and space;
The right to implement, during the course of a televised program and – in any case – the course of any use of the Digital Content or individual parts thereof, advertising and/or sponsorships of products of any kind, given that, in this circumstance,the author has no option to raise objections for any title or cause;
The right to use parts of the Digital Content for any and every form of publicity, advertisement or promotional activity related to the same;
Any and all instrumental and connected rights in any form related to the exercise, to the protection, to the best use of all the rights listed above.
1.4 It is hereby understood that Bponi will add its distinctive sign or other markings onto the Digital Content in order to protect and to make the original source of the Digital Content from its website recognisable, in addition to a redirecting link to the reference page, so as to better protect the intellectual property of the Digital Content.
1.5 Without prejudice to the moral author's copyrights, which shall remain to the User, following the upload of Digital Content the User is aware that the management of such Digital Content shall be performed exclusively by Bponi within the limits permitted by these general conditions and by applicable law.
1.6 By uploading the Digital Content on the Website, Users accept any and all relevant risks, and recognize that Bponi shall not be held responsible with reference to an incorrect use -even though illicit- of such Digital Contents by other Users, and as of now renounce to waive any claim against Bponi, its employees, shareholders, directors and consultants.
2.1 Users warrants to be the exclusive responsible with reference to any and all information, message, texts, data, phoTerms of Services, video and other material (herein included the Digital Contents) transferred, divulged, shared, or anyhow made available on the Website through its account (hereinafter "Contributions").
2.2 At the moment of the upload on the Website of any Digital Contents, or more generally, or the sharing of any Contributions, Users acknowledge and warrant
to be the author of such a Digital Content or Contribution, or anyhow to be authorized by the proprietor to dispose of such Digital Content or Contribution;
not to be associated to SIAE, or any other private or public company with reference to the protection -for and on behalf of authors or editors of data and contents, nor to have appointed any of such companies, and that such Digital Contents or Contributions in any of its part is not protected nor administrated by SIAE, or any of the above said companies, and that therefore no fees are due;
that such Digital Content or Contribution is not illicit, defamatory, libellous, offensive, indecent, vulgar, pornographic, racist or discriminatory, contrary to law or public order, or contrary to morality or damaging any third parties' rights;
that the publication of such Digital Content or Contribution on the Website, and the relevant use pursuant to this Terms Of Service and the functions from time to time available on the Website, does not violate any third parties' rights, with particular reference to any copyright's and intellectual property's rights.
2.3. At the moment of uploading any Digital Contents or Contributions on the Website, Users warrant and guarantee that such documents are not subject to any DRM (Digital Right Management), and that do not contain any software that avoid the unlimited visualization, use, or copy.
2.4. Users, moreover, warrant and guarantee that the Digital Contents and/or Contributions made available on the Website through its own account do not contain virus, adware, spyware, worms or any other program or malware codes.
2.5. Users undertakes to indemnify and hold Bponi (its employees, shareholders, directors and consultants) harmless from any claim arising from any other Users or third parties (herein included SIAE, or any of the above said companies) for misconducts and/or violation of any third parties' rights, with particular -but not limited- reference to copyright and intellectual property rights, related to the Digital Contents and/or Contributions uploaded, and -more generally- to any Contributions made available on the Website through its account, and/or with reference to asserted fees or indemnifications due relating to the above said Digital Contents and/or Contributions, other than from any and all damages, costs, burden and expenses (herein included legal expenses) that Bponi (its employees, shareholders, directors and consultants) suffered.
3.1 Users undertake:
not to use the Website, the contents, and the Services therein available for, direct or indirect, commercial purposes, and/or for profit purposes, except where permitted;
not to offer or make commercial proposals, and not to send advertising and/or spam to other Users of the Website (herein included, but not limited to, promotional contents, mail an/or emails with commercial and/or marketing purposes, emails or text messages chains, informational announcements), except for what related to the modality of promotion of the Digital Contents expressly provided and allowed for the specific Services and better described on the Website;
not to upload, publish, distribute, contents for purposes related to marketing, advertising, spam, search engine ranking, or upload, publish, distribute contents with HTML format with links or redirects, or any other commercial content, except where expressly allowed on the Website;
not to use, for any reason, the Website for illicit purposes, or in violation of any local, national or international law in force, herein included, but not limited to, law provisions with reference to proprietary rights, intellectual property, copyright and data protection's rights;
not to upload, publish, communicate, disseminate, or anyhow share illicit, defamatory, libelous, offensive, indecent, vulgar, pornographic, racist or discriminatory, contrary to law or public order, or contrary to morality or damaging any third parties' rights, herein included copyright;
not to cancel from the Website or from any other contents therein uploaded the copyrights' information;
not to threaten or harass other Users of the Website, or collect, or try to collect, personal information of other Users without their express consent or without Bponi consent;
not to remove, disable, damage, circumvent or interfere in any other manner with the functions relating to the security of the Website or its contents, with the functions that prevent or restrict the use or the copy of any content available through the Website, or with the functions that strengthen the limitation of the use of the Website or the contents therein available;
not to carry out any reverse engineering, nor to decompile, disassemble, or try to discover in any other manner the source code (in any of its parts) of the Website;
not to modify, adapt, translate, or create works based on the Website or based on any of the contents therein available;
not to interfere in any manner with, or damage, the operation of the Website (and of any of its part), or with the ability of other Users to exploit its functions, herein included, but not limited to, the upload or the spread of virus, adware, worms, or any other malware codes/programs;
not to send emails from any third party' servers without such parties' authorization;
not to use any robot, spider, scraper or any other automatic method in order to access to the Website or its contents, or for any reasons in order to bypass the security measures provided by Bponi in order to avoid or restrict the access to the Website and its contents;
not to imitate nor manipulate in any manner the markers of Users' Digital Contents, shared through the Website in order to confuse the origin;
not to interfere or trouble the Website, the Website' servers, or the Website internet connection, disregard any requirement, procedure or regulation of the internet connection related to the Website;
not to use the Tutoring Services in order to contact directly the Tutors and exploit Study Materials outside of the Website.
4.1 Bponi shall have the right to remove -at any moment, and without any obligation of prior advise and without creating any subsequent right of reimbursement in favor of Users- any Digital Contents and/or Contributions that, at its own discretion:
violate any third parties' rights, with particular reference to intellectual or industrial property's rights,
has illicit, defamatory, libellous, offensive, indecent, vulgar, pornographic, racist or discriminatory, contrary to law or public order, or contrary to morality or damaging any third parties' rights, contents;
contains virus, adware, worms, or any other type of malware codes/programs;
are in conflict with this Terms of Service;
do not comply with the Website nature and purposes;
originates from a User who has already been excluded by the Website or that performed an illicit conduct or that are in conflict with the Website nature and purposes.
4.2 The User may request the removal of their Digital Content from the Site, reporting this to the Bponi staff by sending its links to the address: info @bponi.com. Bponi as the holder of a non-exclusive free of charge license, under no limits on time or territory over the Digital Content, however informs the User that - if the Digital Content has already been shared with other Users, it might no longer be removed due to the sharing features of the Bponi platform.
4.3 Users, moreover, may report to Bponi staff, at any moment, any violation related to the Digital Contents by using this firstname.lastname@example.org.
5.1 Bponi shall have the right to suspend or close -also definitively- the account and interrupt any and all operations of the Website by the User, also by preventing the access, immediately and without any prior advise - at Bponi's own discretion - if User:
does not provide, or did not provide, in whole or in part, data and information updated, complete, truthful and correct;
uses, or used, the Website with and/or for illegal modality and purposes, or that Bponi considers inconsistent with the nature of the Website (herein included, but not limited to, broadcast or sharing of virus; sending or disclosure of advertising; emails chains; spamming; broadcasting and/or sharing and/or diffusion of illicit materials);
violates, or violated, any third parties' copyright or intellectual property rights;
violates, or violated, in whole or in part, this Terms of Service.
Closure of User's account imply deletion of User's Digital Contents contained on the Website. It remains, moreover, understood that in no case User shall have the right to obtain the restitution of any and all amounts paid to Bponi relating to the use of the Services, and shall remain bound to correspond any and all remaining amount due.
5.2 Bponi shall have the right to use any and all legal means in order to avoid, and oppose, any and all illegal use of the Website and of the contents and Services therein available, herein included but not limited to the possibility of identifying the IP addresses and contact the Internet Service Provider to whom User refer with reference to such illicit use of the Website.
5.3 Without prejudice for any other remedy or actions, Bponi shall report to the competent authorities any and all activities considered as fraudulent, abusive or illegal.
6. Bponi Proprietary Rights
6.1 Bponi platform is owned and operated by Bponi. The visual interface, the graphic, the project, the information, the source code (whatsoever is the form), the products, the Services, the software and all of the parts of the Platform provided by Bponi (Proprietary Contents) are protected by copyright.
6.2 Any and all Proprietary Contents are property of Bponi, or to the same licensed by third parties.
6.3 Users undertake not to copy, modify, readapt, reproduce, publish, broadcast, distribute, sell, sublicense, communicate, or share with the public, create derivative works from, or use in any unauthorized way, the Proprietary Contents.
7.1 Bponi may provide, through the Website, links to other websites, resources and internet services over which doesn't exercise any kind of control, and due to this reason, has not liability for damages, claims or losses, direct or indirect, occurred to Users arising from and/or related to the use and/or the functions of such websites or services reached through related links.
7.2 The websites, resources and internet services reached through the related links provided by Bponi shall not, in any manner, be shared or supported by Bponi, and, therefore, Users undertake to be the only responsible with reference to the purchases or with reference to any and all activities performed through such links.
7.3 The Digital Contents uploaded on the Website may be embedded by Bponi on third parties' websites. In any case the download, upon payment, of such Digital Contents shall continue to be subject to this Terms of Services.
8.1 Bponi shall not have any possibility to verify any possible violation of law or third parties' rights when Digital Contents are uploaded on the Website. Users, therefore, recognize, and accept, that Bponi is not required to and is not able to provide any monitoring activities with reference to the Digital Contents, nor with reference to the use made by Users.
Therefore, Bponi shall not be deemed liable should the Digital Contents, when uploaded by Users, contain material, either illicit, offensive, injurious against third parties' rights, or is false, incorrect, incomplete and/or inaccurate, misleading, or should the publication, the sharing, the use and/or the purchase through the Website affect the copyright, intellectual and/or industrial property, of any third parties' rights.
Without prejudice for the above, any and all violations may be reported to the following address: email@example.com.
8.2 Bponi shall not endorse any content, opinion, recommendations or advices anyhow expressed by Users on the Website, and disavows any and all related responsibilities.
8.3 The Website, and any and all Contribution therein (herein included the Digital Contents and, more generally, any data, information, software, content, services, functions, links to other websites and/or application operating along with the Website, are provided "as they are" without any guarantee with reference to their correctness and their real content or functions.
8.4 Moreover, Bponi shall not be held responsible with reference to issues that may affect the download and/or the correct visualization of the Digital Content, related to errors, virus, or any other components of such contents, or relating to their format and/or incompatibility with Users' operative system. Facing such conditions, it remains understood that Users shall not have any right of compensation or reimbursement, in whole or in part, with reference to the use of the Digital Content and/or the amounts paid and/or the fees corresponded to Bponi in order to use the Services available on the Website.
8.5 Bponi does not offer guarantee that the Contribution therein (herein included the Digital Contents) and, more generally, any data, information, software, content (including commercial contents), services, functions, links to other websites and/or application operating along with the Website, are provided without suspensions and/or interruptions, or are free from errors, virus, or other components potentially dangerous, and with reference to the above does not assume any relevant responsibility.
8.6 Users recognize that the use of the Website, of its functions and of the contents along with the Services therein available, are provided on its own and exclusive interests and risks. Bponi shall not offer any guarantee with reference to the use, relating to its convenience, or that the use is safe or without errors, nor shall offer any guarantee about the expected results, or the results reached by Users through the use of the Website, of the contents and the Services therein available, and shall not assume any responsibilities. The Digital Contents, should they have educational content, along with the Study Materials, are to be considered complementary and not substitutes of the educational programs; Bponi shall not guarantee, in any case, their utility.
8.7 Bponi shall not assume any responsibilities with reference to any and all damages occurred to Users assets or personal effects (herein included the personal computer), along with damages or losses (herein included losses of data) arising from the download or the use of the contents available on the Website, herein included the case of transmission of informatics virus.
8.8 Bponi is not able to guarantee that the security measures provided in order to protect the Digital Contents are not breakable, that there are no "leaks", or the possibility to avoid or break such security measures.
8.9 Without prejudice for the above, Users expressly recognize and agree that:
Bponi shall not be held responsible for any damage, of any nature, that shall occur, directly or indirectly, to Users arising from and/or relating the Website, its use, and the use of any and all contents and/or Services therein available;
8.10 Without prejudice for the above, it remains understood that Bponi shall be liable in case of wilful misconduct and gross negligence.
8.11 Users undertake to indemnify and hold Bponi (along with its employees, directors, shareholders and consultants) harmless against any and all claims arising from other Users or third parties with reference to and or in relation with the use of the Website, its contents or Services, functions, products or services provided or anyhow made available through the Website, as well as from any and all damage, costs, burden or expenses (herein included legal expenses) that Bponi (along with its employees, directors, shareholders and consultants) should consequently suffer. Users, in case of uploading of any Digital Contents and or by making available any Study Materials on the Website, shall guarantee the lawfulness of such contents, and the absence of any third parties' right that could limit or avoid their use, pursuant to this terms, herein included the sharing or the sale to other Users, as of now undertaking to indemnify and hold Bponi (along with its employees, directors, shareholders and consultants) harmless form any and all damage, costs, burden or expenses (herein included legal expenses) that could arise from third parties' claims due to such violations.
9.1 Pursuant to operational and business issues, and in order to improve the Website and its functions and operations, Bponi shall have the right to provide, at any moment and without any prior advise, modifications and/or integrations to this Terms of Services, informing Users of such changes by publishing on the Website. Such modification and/or integrations shall apply as of the date of the publication on the Website.
9.2 The Use of the Website following to such modifications and/or integrations imply the full acceptance of the new Terms of Services by Users. Users are, therefore, invited to constantly verify the content of this Terms of Services, in the light of the modifications and/or integrations from time to time provided, and not to use the Website should Users intend not to accept, in whole or in part, the new Terms of Services.
10. Governing Law and Jurisdiction
10.1 This Terms of Services, their interpretation, validity, execution, modification and termination are governed by the Bangladeshi Law.
10.2 Any and all controversy arising from and/or relating to this Terms of Services shall be conferred to the exclusive jurisdiction of the Court of Dhaka, except for those controversies relating Users/Consumers to which shall apply the competent Court of their place of residence or domicile, remaining understood that Users/Consumers means physical persons who seeks for Services provided by the Website with reference to purposes not relating to their business or professional activities.
Bponi encourages visitors to periodically check this page for any changes to its Terms of Service & Digital Contents. Your continued use of this Website after any change in this Terms of Service & Digital Contents will constitute your acceptance of such change.
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