|
Click the drop down arrow (
Effective/Last Updated: May 25, 2018
BNI® UNIVERSITY
BNI Worldwide Development Ltd, for and on behalf of BNI
Global, LLC, together with its related affiliates BNI Singapore
Enterprises Pvt Ltd, BNI India Enterprises Pvt Ltd, BNI
Franchising, LLC, BNI Connect Global, LLC, BNI Hong Kong
Enterprises Pvt Ltd, BNI Lanka Enterprises Pvt Ltd, and BNI
Enterprise Business Network (Guangzhou) Co Ltd (“BNI”, “our” or “we”)
is making its BNI® University tool available to you
subject to these evolving Terms of Service (“ToS”).
The ToS govern your access to and use of BNI’s services
available via our BNI® University Website (collectively “BNI Site”).
The BNI Site includes BNI’s related websites, SMS,
APIs, email notifications, applications (web and/or mobile),
buttons, widgets, ads, commerce services, and any other related
services that can be accessed via our BNI Site or that link to
these ToS (collectively, the “Services”), and any
information, text, links, graphics, photos, videos, or other
materials or arrangements of materials uploaded, downloaded or
appearing on the Services (collectively referred to as “Content”).
By using the BNI Site and Services you agree to be bound by
these ToS. Since
these ToS are evolving, expect frequent changes to them, and
with such changes, your use, rights and privacy expectations may
also change.
In the event of inconsistency between any terms of this
contract and any translation into another language, the English
version will control and prevail on any question of
interpretation or otherwise.
1. Who May Use the Services.
If the law in your jurisdiction allows you to enter into
agreements with third parties, you agree to these ToS, and you
are a member of BNI in good standing, then you can use the BNI
Site and Services.
However, if (a) your mind is legally incapacitated (mental
disability, intoxication, under the age of 18, etc.) for any
reason, or (b) you are no longer or not yet a member in good
standing of BNI, then you are not allowed to use the BNI Site
and Services. For
those who are accepting these ToS and using the BNI Site and
Services on behalf of a company, organization, government, or
other legal entity, you represent and warrant that you are
authorized to do so.
2. Privacy.
Our Privacy Policy, accessible at
http://bnitos.com/privacy.html, describes how we collect, process, store and share the
information you provide to us when you use our BNI Site and
Services. You acknowledge that through your use of the Services,
your personal data will be collected and used
as set forth in the Privacy Policy, including the transfer of
your data to the United States, United Kingdom, and/or other
countries for storage, processing and use by BNI, its
franchisees and members, and its affiliates.
3. Content on the Services.
You are responsible for your use of the BNI Site and Services
and for any Content you provide, including compliance with
applicable laws, rules, and regulations.
Don’t hit the submit/send button, unless you are prepared
to be held accountable for your Content.
Like with any content published via the Internet, you must
consider the source of the Content or materials before using or
relying upon it. Your use of the Content and BNI Site are at
your own risk.
Users of the
Services will operate in a lawful, ethical and professional
manner. Users shall conduct themselves in a fair, responsible
and businesslike manner at all times and will avoid any
discourteous, deceptive, misleading or unethical practices.
You are solely responsible for any comments or posts you
leave on our Site, Blogs or the BNI University Website. BNI does
not control content posted and does not guarantee the accuracy,
integrity or quality of the content. In using the Site or the
Services you may be exposed to content that you may find
offensive, indecent or objectionable. Under no circumstances
will BNI be liable in any way for any content, including but not
limited to any errors or omissions in any content or any loss or
damage of any kind incurred as a result of the use of any
content posted or otherwise made available via the BNI Site or
the Services.
Examples of unethical or
unlawful activities include, but are not limited to the
following:
“Spamming” is
the abuse of electronic messaging systems to indiscriminately
send unsolicited bulk messages. While the most widely recognized
form of spam is e-mail spam, the term is applied to similar
abuse in other media, such as but not limited to, instant
messaging, Usenet newsgroups, web search engines, spam in blogs,
wiki spam, mobile phone messaging spam, Internet forum spam, and
junk fax transmissions. Spamming is strictly prohibited by BNI
and will result in the immediate termination of your account.
Spamming may also be illegal under applicable laws and may
subject you to civil or criminal penalties.
Your use of software
made available via a BNI Site is subject to any applicable
license agreement or user agreement or the documentation that
accompanies or is included with the software (“License
Terms”). In the event that software that is provided on or
through a BNI site is not licensed for your use through License
Terms specific to the software, you may use the software subject
to the following: (a) the software may not be modified or
altered in any way; and (b) the software may not be
redistributed.
You agree NOT
to use the BNI Site or the Services to:
BNI has the
right (but not the obligation) in its sole discretion to screen,
refuse, move or remove any content that violates the ToS or is
otherwise objectionable.
You bear all
risks associated with the use of any content on the BNI Site or
in connection with the Services including any reliance on the
accuracy, completeness, or usefulness of such content.
You acknowledge
that BNI may access, preserve and disclose your account
information and content if required to do so by law or in a good
faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b)
enforce the provisions of this ToS; (c) respond to claims that
any content violates the rights of third parties; (d) respond to
your requests for customer service; or (e) protect the rights,
property or personal safety of BNI, its users and the public.
The Services and software embodied within the Service may
include security components that permit digital materials to be
protected. The use of these materials is subject to usage rules
set by BNI and/or its technology providers. You may not attempt
to override or circumvent any of the usage rules embedded in the
Services.
BNI is an internet service provider, and BNI is not responsible
for the Content of its users.
As an internet service provider, BNI may not monitor or
control the Content posted via the BNI Site.
This means that BNI does not endorse, support, represent,
verify or guarantee the completeness, truthfulness, accuracy, or
reliability of any Content or communications posted via the BNI
Site and Services, or endorse any opinions expressed via the BNI
Site and Services.
This means that you may read or view Content that is offensive,
false, misleading, deceptive, or otherwise inappropriate, or in
some cases, postings that have been mislabeled. All Content is
the sole responsibility of the user who authored or published
such Content, which is you when you author and publish content
via the BNI Site and Services.
BNI is an intellectual property owner and understands the costs
and expenses in developing and maintaining intellectual
property. BNI also
respects the intellectual property rights of others and expects
its users of the BNI Site and Services to do the same. We
reserve the right to remove Content alleged to be infringing
without prior notice, at our sole discretion, and without
liability to you. We will respond to notices of alleged
copyright infringement that comply with applicable law and are
properly provided to us, as summarized for you in our
Digital Millennium Copyright Act
(“DMCA”)
Copyright Infringement Report
and
Counter Notice forms.
Here you will find BNI’s instructions for reporting
copyright infringement to it, and responding to infringement
allegations against you by others.
We will respond to notices of alleged trademark and other
intellectual property infringement that comply with applicable
law and are properly provided to us, as described in our
Trademark Infringement Report and
Counter Notice
forms.
Here you will find BNI’s instructions for reporting
trademark infringement to it, and responding to infringement
allegations against you by others.
4. Your Rights.
You are to be responsible for what you submit or post via the
BNI Site and Services. This may be your opinions, photos, videos, logos and
any other thing that you can submit or post via the BNI Site and
Services.
Please note that when you submit or post Content via the BNI
Site and Services, you are granting to BNI a worldwide,
non-exclusive, royalty-free license (with the right to
sublicense) to use it for BNI’s business interests.
You acknowledge that any of this submitted Content, as well as
any other existing Content, can be used to create
relationship/networking information related to BNI Members (“Relationship
Data”). You
acknowledge and agree that Relationship Data is owned
exclusively by BNI, and neither you, nor anyone else, can use
this Relationship Data without the express written consent from
BNI. The purpose of this acknowledgement of BNI’s ownership of
the Relationship Data is in part to prevent others from creating
competing network groups or the like from the Content that BNI
has spent significant money, time and allocation of resources in
collecting and sorting for its business interests.
Accordingly, BNI owns the member
relationship and the Relationship Data. Similarly, if you are a
BNI Franchisee, you acknowledge that we may share your
performance data with other franchisees and that Relationship
Data may similarly be shared.
5. Using the Services.
You may use the Services only in compliance with these ToS and
all applicable laws, rules and regulations.
BNI’s Services are constantly evolving and our Services are
likely to change from time to time, at our discretion and in
accordance to our terms. BNI has the right and may stop
(permanently or temporarily) providing Services or any features
within the Services to you or to any user. BNI also retains the
right to create limits on your use and storage at our sole
discretion at any time. BNI may also remove or refuse to
distribute any Content via the BNI Site and Services, suspend or
terminate users, and reclaim usernames without liability to you.
You acknowledge and agree that in consideration for BNI granting
you access to and use of the BNI Site and Services, BNI and its
third-party providers and partners may place advertising to you
via the BNI Site and Services, or in connection with the display
of Content (including your submitted or posted Content) or
information from the Services whether submitted by you or
others. You also agree not to misuse our BNI Site or Services,
for example, by interfering with them or accessing them using a
method other than the interface and the instructions that we
provide
BNI also reserve the right to access, read, preserve, and
disclose any information as we reasonably believe is necessary
to (i) satisfy any applicable law, regulation, legal process or
governmental request, (ii) enforce the ToS, including
investigation of potential violations hereof, (iii) detect,
prevent, or otherwise address fraud, security or technical
issues, (iv) respond to user support requests, or (v) protect
the rights, property or safety of BNI, its users and the public.
BNI does not disclose personal identifying information to third
parties except in accordance with its Privacy Policy.
You are not allowed to develop the BNI Site and Services except
as authorized in the ToS.
6. Your Account.
You need to join BNI and create a BNI online account to use our
online Services on the BNI Site. You are responsible for
safeguarding your BNI University account, so use a strong
password and limit its use to this account. BNI cannot and will
not be liable for any loss or damage arising from your failure
to comply with the above.
7. Ending These Terms of Service.
You may end your legal agreement and membership with BNI at any
time by deactivating your accounts and discontinuing your use of
the Services.
BNI may suspend or terminate your account or cease providing you
with all or part of the Services at any time for any or no
reason, including, but not limited to, if we reasonably believe:
(i) you have violated these ToS, (ii) you create risk or
possible legal exposure for us; (iii) your account should be
removed due to prolonged inactivity; (iv) your BNI membership
expires or is otherwise not renewed or terminated, or (v) our
provision of the Services to you is no longer commercially
viable. We will make reasonable efforts to notify you by the
email address associated with your account or the next time you
attempt to access your account, depending on the circumstances.
In all such cases, the ToS shall terminate, including, without
limitation, your license to use the Services, except that the
following Sections shall continue to apply: 1, 2, 3 and 8.
8. Third Party Beneficiaries.
You agree that these ToS is
not an agreement between you and Apple®, Google® or any other
third party. BNI
grants you the right to use the BNI Site on either an iOS or
Android product that you own or control, and as permitted by
such product’s applicable usage rules.
In the event of any failure of the BNI Site to conform to
any applicable warranty, you may notify Apple®, Google® or other
applicable third party to request a refund of your purchase
price, if applicable, for the BNI Site; and to the maximum
extent permitted by applicable law. BNI shall provide
maintenance and support services to the BNI Site.
If you have any intellectual property or other claim in
association with the BNI Site, please see BNI
at
legal@bni.com.
Apple®, Google® or other applicable third party, and their
subsidiaries are third party beneficiaries of this ToS and
Privacy Policy, and, upon your acceptance, these third-party
beneficiaries thereof will have the right (and will be deemed to
have accepted the right) to enforce these ToS against you.
9. All Other Terms.
The following additional terms apply both to your use of the BNI
University Website.
A. Fees and Payments.
If you choose
to join BNI as a member in a BNI chapter, you will be provided
access to our BNI Site and you agree to pay all fees associated
with the membership. Moreover, the BNI University Website is
only available if you are a member of BNI in good standing.
When you order
a service you have an opportunity to review and accept the fees
that will be charged. Prices, availability, and other purchase
terms are subject to change. BNI reserves the right without
prior notice to discontinue or change specifications and prices
on services offered on and outside of the BNI Site without
incurring any obligation to you. All fees may be subject to
taxes.
You are
responsible for providing true, accurate, current, and complete
information when ordering services through the BNI Site or
otherwise. If you use the BNI Site or other means to purchase a
service, payment must be received prior to acceptance of an
order. BNI may need to verify information you provide before BNI
accepts your order, and may cancel or limit your order any time
after it has been placed. Subject to applicable membership
policies, if payment has already been made and your order is
cancelled or limited, BNI will refund any payment you made for
the service that will not be delivered due to cancellation or
limitation of an order in the same tender as the original
purchase.
If, for any
reason, your credit card company declines or otherwise refuses
to pay the amount owed for the service you have purchased, you
agree that we may, at our option, suspend or terminate delivery
of service and may require you to pay any overdue amounts
incurred (including third-party chargeback fees or penalties) by
other means acceptable to us. In the event legal action is
necessary to collect on balances due, you agree to reimburse us
for all expenses incurred to recover sums due, including
attorney fees and other legal expenses.
Purchases of
other products and services through the BNI Site may be subject
to other terms and conditions that are presented to you at the
time of purchase.
B. No Automated Querying.
You may not
send automated queries of any sort to the BNI Site or its
systems without express written permission in advance from BNI.
C. Representations and Warranties.
For each piece of
information and/or content that you submit, you represent and
warrant that: (i) you have the right to submit the content to
BNI and grant the licenses set forth above; (ii) BNI will not
need to obtain licenses from any third party or pay royalties to
any third party; (iii) the content does not infringe on any
third party’s rights, including intellectual property rights and
privacy rights; and (iv) the content complies with this ToS and
all applicable laws. If you are submitting information and/or
content that relates to a third party (e.g. a Chapter visitor’s
or a Referral’s contact information), you are representing and
warranting that (a) you’ve secured consent from such third party
for use of the information in the manner reasonably anticipated
(and in any event to the extent that you’ve consented to for use
of your own information), (b) you will pass on and ensure
delivery of any breach notification to such third parties, and
(c) you’ll update BNI to the extent such third party desires to
revise or withdraw its consent, change, remove or otherwise
exercise its data privacy rights concerning use of its
information.
D. Intellectual Property.
All content included on the BNI
Site and in connection with the Services such as text, graphics,
logos, button icons, images, audio clips, digital downloads,
data compilations and software, is the property of BNI or its
content suppliers and is protected by international copyright
laws. All software used on the Site is the property of BNI or
its software suppliers and is protected by international
copyright laws. All of the trademarks, service marks, logos,
brand and trade names appearing on the Site are the proprietary
intellectual property of the owners of such marks, logos or
names and you may not use, modify, remove or otherwise infringe
any of such proprietary intellectual property. BNI retains full
ownership rights with respect to the Site and the Services
including but not limited to design, functionality, and
documentation. You may not copy, edit, or reproduce any part of
the Site or the Services.
E. Copyright.
The DMCA
provides protections to BNI relating to material posted online
at the discretion of users of our Site. If you are a copyright
owner and believe that any content on our Site infringes your
copyrights, you may inform us by completing our
Copyright Infringement Report
form and mailing it to:
BNI Global, LLC
F. Indemnity and
Defense.
You will defend,
indemnify and hold harmless BNI and its affiliates (and their
respective employees, directors, agents and representatives)
from and against any and all claims, costs, losses, damages,
judgments, penalties, interest and expenses (including
reasonable attorneys' fees) that arise out of or relate to: (i)
your use of the Site or the Services; (ii) any actual or alleged
breach of your representations, warranties, or obligations set
forth in this ToS; (iii) any content you provide including but
not limited to any actual or alleged infringement of any
intellectual property or proprietary rights of any third party.
G. Limitation of
Liability.
BNI will not be liable for direct
or indirect damages of any kind, including without limitation
incidental, punitive or consequential damage or loss arising out
of or in connection with this ToS, the Site, the Services,
inability to use the Site or the Services, or resulting from any
goods or services obtained or messages received or transactions
entered into through the Site or the Services.
H. Disclaimer of Warranties.
The BNI Site and the Services are
provided on an “as is” and “as available” basis. BNI makes no
representations or warranties of any kind, express or implied,
concerning the Site, the Services or the content thereof. To the
fullest extent permissible under applicable law BNI disclaims
any and all such warranties including without limitation:
I. Third Party websites.
The BNI Site
may redirect or link to other websites on the Internet, or may
otherwise include references to information, products or
services made available by unaffiliated third parties. While we
make every effort to work with trusted, reputable providers,
from time to time such sites may contain information, material
or policies that some may find inappropriate or personally
objectionable. You understand that we are not responsible for
the accuracy, completeness, decency or legality of content
hosted by third party websites, nor are we responsible for
errors or omissions in any references made on those websites.
The inclusion of such a link or reference is provided merely as
a convenience and does not imply endorsement of, or association
with the Site or party by us, or any warranty of any kind,
either express or implied. You are solely responsible for and
assume all risk arising from your access to and/or use of any
such linked websites.
J. Electronic
Delivery of Notices.
By using the
BNI Site or the Services you consent to electronically receive
from BNI any communications including notices, agreements,
legally required disclosures or other information in connection
with the Services. BNI may also provide such notices by posting
them on the Site. If you desire to withdraw your consent to
receive notices electronically you must discontinue your use of
Site and the Services.
K. Venue and Applicable
Law.
The BNI Site is
created, operated and controlled by BNI in the State of North
Carolina, United States of America. The laws of the State of
North Carolina govern this ToS without giving effect to
principles of conflicts of laws. Any action arising under this
ToS shall be brought only in courts located in Mecklenburg
County, North Carolina, which shall have exclusive jurisdiction
and you consent to the exclusive jurisdiction of such courts.
L. Severability.
In the event
that any provision of this ToS is held to be invalid or
unenforceable the remaining provisions of this ToS will remain
in full force and effect.
M. Waiver.
BNI will not be considered
to have waived any of rights or remedies described in this ToS
unless the waiver is in writing and signed by BNI. No delay or
omission by us in exercising our rights or remedies will impair
or be construed as a waiver. Any single or partial exercise of a
right or remedy will not preclude further exercise of any other
right or remedy. Our failure to enforce the strict performance
of any provision of this ToS will not constitute a waiver of
BNI’s right to subsequently enforce such provision or any other
provisions of this ToS.
N. Relationship
of Parties.
BNI is not your agent,
fiduciary, trustee, or representative. Nothing expressed or
implied in this ToS is intended or shall be construed to give to
any person other than the parties hereto any legal or equitable
right, remedy, or claim under or in respect to this ToS. This
ToS is intended for the sole and exclusive benefit of BNI and
you.
O.
No Resale Right.
You agree not to sell, resell, reproduce, duplicate, distribute, copy, or
use for any commercial purpose any portion of this Site, or use
of or access to this Site provided through this Site, beyond the
limited rights granted to you in our ToS.
P.
Force Majeure.
In addition to any excuse provided by applicable law, we shall be excused
from liability for non-delivery or delay in delivery of Services
available through our Site arising from any event beyond our
reasonable control, whether or not foreseeable by either party,
including but not limited to: labor disturbance, war, fire,
accident, adverse weather, inability to secure transportation,
governmental act or regulation, and other causes or events
beyond our reasonable control, whether or not similar to those
which are enumerated above.
Effective/Last Updated: May 25, 2018
These ToS are an agreement between you and BNI Worldwide
Development Ltd, a subsidiary of and on behalf of BNI Global,
LLC,11525 N Community House Road, Suite 475, Charlotte, NC 28277
U.S.A. If you have any questions about these ToS, please contact
us at
legal@bni.com.
©2018
BNI Global LLC. All rights reserved.
To provide Counter-Notice to Copyright Infringement,
click here.
The Digital Millennium Copyright Act (“DMCA”),
17 U.S.C.
§ 512(c),
limits BNI’s liability for copyright infringement by content
residing on our servers.
If you believe that your copyrighted work has been used or
copied, and that it now resides on our servers in a way that
constitutes copyright infringement, the DMCA details certain
steps you may wish to take. One of these is to give us notice,
by providing us certain types of information specifically
outlined in
17 U.S.C.
§ 512(c).
Notice will not be effective unless and until it is delivered by
the U.S. Postal Service, or other delivery service, to the
following address:
BNI Global, LLC
Please provide the following information:
1.
A signature of the copyright owner, or a person
authorized to act on behalf of the owner, of an exclusive
copyright that has allegedly been 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 on 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 BNI to locate the
material.
4.
Information reasonably sufficient to permit BNI 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 the owner, or is authorized to act on behalf of the
owner, of an exclusive right that is allegedly infringed.
Upon receipt of appropriate notification from the Complaining
Party, BNI will initiate an investigation and forward the
Complaining Party's written notification to the alleged
infringer. While BNI is investigating the claim, BNI, at its
sole discretion and without any legal obligation to do so, may,
temporarily remove or deny access to the allegedly infringing
material from the Site.
If BNI concludes that the Complaining Party has raised a
legitimate copyright claim, it will continue to suspend the
alleged infringer's BNI account and/or if it is solely stored on
a BNI server, deny access to the allegedly infringing material.
If BNI concludes that the Complaining Party has not raised a
legitimate claim, BNI will restore access to the allegedly
infringing material.
Copyright Infringement
Counter-Notice
If you have received a notice of trademark infringement that you
wish to challenge based on 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, you
may provide Counter Notice to BNI:
The Digital Millennium Copyright Act (“DMCA”),
17 U.S.C.
§ 512(c),
details certain steps you may wish to take. One of these is to
give us counter-notice.
The DMCA provides that BNI, as your service provider, may put
the alleged infringing content back online only upon receipt of
a counter-notice from you, our user/member.
Your counter-notice must include certain types of information
specifically outlined in
17 U.S.C.
§ 512(c).
Counter-notice will not be effective unless and until it is
delivered by the U.S. Postal Service, or other delivery service,
to the following address:
BNI Global, LLC
Please provide the following information:
1.
A signature of the alleged infringer (i.e. your
signature).
2.
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.
3.
A statement under penalty of perjury that the alleged
infringer 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.
4.
The alleged infringer's name, address, and telephone
number, and a statement that the Infringer consents to the
jurisdiction of the Federal District Court for the Western
District of North Carolina, or if the alleged infringer's
address is outside of the United States, for any judicial
district in which BNI may be found, and that the alleged
infringer will accept service of process from the Complaining
Party or an agent of such Party.
Upon receipt of a Counter Notice, BNI shall promptly provide the
Complaining Party with a copy of the Counter Notice, and inform
such Party that it will replace the removed material or cease
disabling access to it in ten (10) business days. BNI will
replace the removed material and cease disabling access to it in
not less than ten (10), nor more than fourteen (14), business
days following receipt of the Counter Notification, unless BNI
first receives notice from the Complaining Party that such
Complaining Party has filed an action seeking a court order to
restrain the alleged infringer from engaging in infringing
activity relating to the material on the BNI App, Site or
network.
Counter Notice will not be effective unless and until it is
delivered by the U.S. Postal Service, or other delivery service,
to the following address:
BNI Global, LLC
To notify BNI that there has been a trademark violation, please
follow the specific instructions.
To provide Counter-Notice to Trademark Infringement,
click here.
If you (the "Complaining Party") would like to submit a
trademark claim for violation of a mark on which you hold a
valid, registered trademark or service mark (registered with the
United States Patent and Trademark Office on the Principal
Register or, for foreign marks, registered with the appropriate
intellectual property organization of your country; state
registrations and registrations on the Supplemental Register are
not considered valid for these purposes), BNI requests that the
Complaining Party substantiate such claim by providing the
following information to it.
1.
The trademark, service mark, trade dress, name, or other
indicia of origin ("mark") that is claimed to be infringed,
including registration number.
2.
The jurisdiction or geographical area to which the mark
applies.
3.
The name, post office address and telephone number of the
owner of the mark identified above.
4.
The goods and/or services covered by or offered under the
mark identified above.
5.
The date of first use of the mark identified above.
6.
The date of first use in interstate commerce of the mark
identified above.
7.
A description of the manner in which the Complaining
Party believes its mark is being infringed upon.
8.
Sufficient evidence that the owner of the website that is
claimed to be infringing is a BNI user/member.
9.
The precise location of the infringing mark, including
electronic mail address, etc.
10.
A good faith certification, signed under penalty of
perjury, stating:
11.
The content of the website [identify website] infringes
the rights of another party,
12.
The name of such said party,
13.
The mark [identify mark] being infringed, and
14.
That use of the content of the website claimed to be
infringing at issue is not defensible.
Your trademark claim will not be effective unless and until it
is delivered by the U.S. Postal Service, or other delivery
service, to the following address:
BNI Global, LLC
Upon receipt of the appropriate information identified above for
trademark claims, BNI will initiate an investigation and forward
the Complaining Party’s written notification to the alleged
infringer. While BNI is investigating the claim, BNI, at its
sole discretion and without any legal obligation to do so, may
temporarily remove the allegedly infringing material from the
Site.
If BNI concludes that the Complaining Party has raised a
legitimate trademark claim, it may, at its sole discretion and
without any legal obligation to do so, permanently remove the
challenged material from the Site, and suspend the alleged
infringer's BNI account. If BNI concludes that the Complaining
Party has not raised a legitimate claim, BNI will restore access
to the allegedly infringing material.
Trademark Infringement
Counter-Notice
If you have received a
notice of trademark infringement that you wish to challenge
based on 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, you may provide Counter
Notice by providing the following information to BNI:
1.
A signature of the alleged infringer (i.e. your
signature).
2.
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.
3.
A statement under penalty of perjury that the alleged
infringer 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.
4.
The alleged infringer's name, address, and telephone
number, and a statement that the Infringer consents to the
jurisdiction of the Federal District Court for the Western
District of North Carolina, or if the alleged infringer's
address is outside of the United States, for any judicial
district in which BNI may be found, and that the alleged
infringer will accept service of process from the Complaining
Party or an agent of such Party.
Upon receipt of a Counter Notice, BNI shall promptly provide the
Complaining Party with a copy of the Counter Notice, and inform
such Party that it will replace the removed material or cease
disabling access to it in ten (10) business days. BNI will
replace the removed material and cease disabling access to it in
not less than ten (10), nor more than fourteen (14), business
days following receipt of the Counter Notification, unless BNI
first receives notice from the Complaining Party that such
Complaining Party has filed an action seeking a court order to
restrain the alleged infringer from engaging in infringing
activity relating to the material on the BNI App, Site or
network.
Counter Notice will not be effective unless and until it is
delivered by the U.S. Postal Service, or other delivery service,
to the following address:
BNI Global, LLC
|
) to select your language.