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Latest changes to the Terms of Service: 10 October 2022

The policies below apply to BSKL. (“BSKL”, “we”, “us” or “our”) from websites that link to these Terms of Service (the “Agreement” or “Terms of Service”) (including any versions optimized for viewing on a wireless device or tablet), email newsletters published or distributed by BSKL, applications published by or affiliated with Mark, including its own application, “BSKL”, or any other services, interactive features and communications provided by or affiliated with Mark; Regardless of how they are accessed and/or used, which are operated or made available by or made available by or produced and maintained by or affiliated with Mark and its related companies (the “Services”).

These Terms of Service set out the entire understanding and agreement between you and BSKL with respect to the subject matter of this document. BSKL does not guarantee continuous, uninterrupted or secure access to its Services, and the operation of the Services may be interfered with by many factors beyond BSKL's control.

By using our Services, you accept the practices described in these Terms of Service. If you do not agree to these Terms of Service, please do not use the Services. We reserve the right to modify or improve these Terms of Service from time to time without notice. Your continued use of our Services following the posting of changes to these Terms means that you accept those changes. Unless we give you specific notice that no changes to our Terms of Service will apply retroactively.

For some of our services, you may also be required to execute a BSKL rental agreement and waive liability and/or privacy.

This is a legal agreement between you (“you” or “the user”) and BSKL that sets out the material terms and conditions governing your use of the Services. Whereas, this Agreement, in addition to all updates, appendices, additional terms, and all BSKL rules and policies collectively constitute the "Agreement" between you and or affiliated with the mark.

Access authorization:

BSKL grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Services or its content. This license does not include any resale or commercial use of the Services or their contents. Any collection and use of any product listings, descriptions, or prices, any secondary use of the Services or their content, any downloading or copying of account information for the benefit of another merchant, or any use of data, robots, cookies, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services or any part of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without the express written consent of or affiliated with Mark. Any unauthorized use automatically terminates the permissions and/or licenses granted by BSKL to you.

All content displayed in connection with the Services, including without limitation, text, graphics, photographs, images, animations, audio, and illustrations ("Content"), is owned by BSKL and/or its licensors, suppliers, agents and/or content providers. All elements of the Services, including, but not limited to, the general design and content, are protected by trade dress, copyright, moral and ethical rights, trademark, and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which they are provided. Except as permitted by copyright law, you may not modify any content or materials, nor may you copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or works contained in the Services. Except as permitted by copyright laws, you are responsible for obtaining permission before reusing any copyrighted material available on the Services. You shall comply with all applicable local and international laws, statutes, ordinances and regulations in connection with your use of the Services. The Services, Content and all related rights shall remain the exclusive property of BSKL or its licensors, sellers, agents and/or content providers, unless expressly agreed otherwise. You will not remove any copyright, trademark, or other proprietary notices from the materials on the Services.

Trademarks:

All BSKL trademarks, service marks, and trade names used herein (including without limitation: the BSKL name, the BSKL logo, the Brand logo, the design of the Services, and any logos) (collectively, the “Marks”) are the trademarks or registered trademarks of BSKL, its affiliates, partners, vendors, or licensors. You may not use the BSKL Marks, copy, reproduce, republish, upload, post, transmit, distribute, or modify in any way, including advertisements or publicity related to the distribution of materials on the Services, without the prior written consent of BSKL. You may not use BSKL's name or any language, imagery or symbols that could, at Mark's discretion or affiliation, imply its endorsement in any (a) written or oral advertisement or presentation, or (b) brochure, flyer, book or other written material of any kind, without the prior written consent of BSKL.

Account registration and security:

You understand that you will need to create an account to access the Services. You will: (a) provide true, accurate, current and complete information about yourself as prompted by the registration, login or subscription pages for the Service (such information is the “Registration Data”), and (b) maintain and promptly update the Registration Data in order to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, not current or incomplete, or BSKL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BSKL and its affiliates may, in its sole discretion, suspend or terminate your account and refuse any current or future use of the Services (or any part thereof) by you. You are responsible for the security and confidentiality of your password and account. Further, you are responsible for all activities that occur under your account. You will not share your account information or your user name and password with any third party or allow any third party to access the Services using your account information. You agree to notify us immediately of any unauthorized use of your account or any other breach of security relating to your account of which you become aware. You are responsible for taking precautions and providing security measures most appropriate to your situation and intended use of the Services. We have the right to provide user or account billing, content or usage records, and related information under certain circumstances (such as in response to liability, legal processes, requests, subpoenas, or warranties, or to protect the rights of us, our customers, or our business).

Requisition Submission Policy:

When BSKL specifically invites or solicits submissions or comments, it encourages you to submit content (such as comments on blog posts, participation in communities, tips, etc.)https://www.bskl.app ("the site"). User Submissions remain the intellectual property of the individual user. By posting Content on our Website, you expressly grant BSKL a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, transmit, perform and display such Content and your name, voice and/or likeness as provided in your User Submission, in whole or in part, and in any form throughout the world, in any media or technology, whether now known or later discovered, including all promotions, advertising, marketing, solicitation, publicity and any other additional uses thereof, including the unrestricted right to license these rights, indefinitely and worldwide. Any such User Submission shall be considered non-confidential and BSKL shall have no obligation to maintain the confidentiality of any information contained in any way in any User Submission.

Inappropriate user use:

BSKL discourages user uses that result from any activity that: (a) creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person or organism; (b) create a risk of any other loss or damage to any person or property, or (c) constitute an offense or damage.

You agree that you have not and will not engage in any of the above activities in connection with the creation of your User Account. Without limiting the foregoing, you agree that in addition to registering an account You will not cause other people emotional distress, you will not insult others (publicly or in any other way), you will not assault or threaten other people, you will not enter any private property without permission, you will not impersonate anyone else or misrepresent your affiliation, title or authority, and you will not otherwise engage in any activity that could result in injury, death, property damage or dilution of value and/or liability of any kind. BSKL will reject any User Submissions which it believes or is affiliated with Mark, in its sole discretion, to contain any of the foregoing. If notified that a User registration violates any provision of this Agreement, BSKL reserves the right to determine, in its sole discretion, whether such violation has occurred, and to remove any such User Registrations from the Services at any time and without notice.

Unsuitable materials:

You must not use the Services (a) to post or transmit anything that is unlawful, infringing, threatening, defamatory, obscene, pornographic, indecent or obscene, (b) post or transmit any material that infringes or misappropriates the intellectual property of a third party, or (c) in any way that could constitute or encourage conduct that would be a criminal offense or violate any law. You also agree that sending or posting unsolicited advertisements or "spam" on or through the Services is expressly prohibited by this Agreement. In addition to the possibility to seek remedies BSKL may have at law or in equity, if BSKL or an affiliate of Mark determines, in its sole discretion, that you have violated or is likely to violate any of the foregoing prohibitions or any applicable rules or policies contained in or related to this Agreement, an affiliate of BSKL may take any action it deems necessary to resolve or prevent such violation, including, without limitation, banning you from using the Services and/or immediate removal For related materials from the Services at any time without notice. BSKL will fully cooperate with any legal authorities or court request or subpoena requesting or directing us to disclose the identity of anyone posting such material.

Access and access:

You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose. In addition, you agree that you will not: (a) take any action that imposes, or may impose, in BSKL's sole discretion, an unreasonable or disproportionately large load on our infrastructure, (b) interfere or attempt to interfere with the proper working of the BSKL Website or any activities on the Services, or (c) override any measures used to prevent or limit access to the Services.

Right to remove content:

Except as disclosed in our Privacy Policy, we will not monitor, edit or disclose the contents of user email or User Content posted on the Services unless (a) we are required to do so in the course of normal maintenance of the Services and any related systems, (b) we are required to do so by law, or (c) BSKL believes in good faith that such action is necessary to: (a) comply with any law or legal process served on BSKL or the Services, (b) protect and defend BSKL's rights or property or Services or Users of the Services, or (c) act in emergency situations to protect the personal safety of our Users, Services, or the public. Users remain solely responsible for the content of their messages and BSKL assumes no obligation to pre-screen any such User Content, however, BSKL and its affiliates may, in its sole discretion, edit, refuse to post or remove any User Content submitted to or posted on the Services, at any time without notice. Without limiting the foregoing, BSKL shall have the right to (a) remove any material it deems to be in violation of the provisions herein or otherwise objectionable, and (b) to deny access to the Services, or any part thereof, to any user who fails to comply with any provision of this Agreement.

10. User Posted Content:

User Posted Content and User Submissions do not represent the views of BSKL or any associated individual, and we have no control over such User Content or User Submissions. In no event shall you represent or suggest, directly or indirectly, an endorsement by BSKL of User Posted Content and User Submissions. BSKL does not warrant the accuracy or reliability of any User Posted Content or User Submissions posted through or on the Services, and does not assume any responsibility or liability for any actions it may take as a result of reviewing any User Posted Content or User Submissions. Through your use of the Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with minors, persons acting under false pretenses, international trade cases and foreign nationalities. By using our services, you assume all risks associated with them.

11. Third Party Links:

From time to time, the Services may contain links to websites that are not owned, operated or controlled by BSKL or its affiliates ("Third Party Links"). All such third party links are provided solely for your convenience. If you use third party links, you will leave the Services. Neither BSKL nor any of its affiliates is responsible for any content, materials or other information contained on or accessible through any third-party links or other websites. Neither BSKL nor any of its affiliates endorse, warrant or make any representations or warranties with respect to any other websites, including any content, materials or other information accessible through third-party links or on any other websites, including any harm or effect to you arising from your use of any other websites. If you decide to access any other websites via third party links, you do so entirely at your own risk.

12. Dealing partners:

From time to time, BSKL may partner with unrelated parties in order to jointly promote their services within our Services. In such cases, you may deal directly with such third party. On those pages or sites, the third party's brand will be clearly visible and their terms of service will be posted. When you use such third party pages, you are bound by both our third party partner's Terms of Service and the BSKL Terms of Service. Where there is a conflict between these Terms of Service and a third party's terms of service, the third party's terms of service will control.

13. Termination:

We may suspend or terminate your right to use the Services at any time, with or without cause. We may also block your access to our Services if (a) you breach these Terms of Service, (b) we cannot verify or authenticate any information you provide to us, or (c) we believe that your actions may cause financial loss or liability for BSKL, you or our users.

14. REPRESENTATIONS AND WARRANTIES:

You represent that you are (a) over the age of 18, (b) have the right and capacity to enter into this Agreement, (c) are fully able and competent to comply with the terms, conditions, and obligations of this Agreement, and (d) will use the Services in full compliance with all applicable laws. YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTANDED AND AGREE TO THE TERMS OF THIS AGREEMENT AND WILL BE BOUND BY THEM. In addition, you represent and warrant that your User Submission, if any, and all elements thereof, are (a) solely and exclusively owned by you, have prior written permission from the rightful owner of the content included in your User Submission, or are legally entitled to grant to BSKL all rights granted herein and (b) use of your User Submission, as described herein, does not and will not infringe the copyrights, trademark rights, publicity rights, or other rights of any person or entity, or Violate, or give rise to any potential liability or liability, any law, regulation, or right of any kind, including, without limitation, rights of publicity, privacy, and defamation. Further, you will be solely responsible for your own User Submissions and any consequences resulting from the posting of such User Submissions.

15. Disclaimer:

Your use of the Services is at your own risk. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. BSKL, nor any of its affiliates, warrants the accuracy or completeness of information, materials, or services offered on or through the Services. The information, materials, and services offered on or through the Services may be out of date, and are no longer offered. BSKL or any of its affiliates has no obligation or assumes any duty to update such information, materials or services. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES APPLY TO THE EXTENT PROHIBITED BY LAW. Please refer to your local laws for any such prohibitions. Any advice or information, obtained from Pasql, will not lead to BSKL OR THROUGH THE SERVICES, WHETHER ORAL OR WRITTEN, TO CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

16. LIMITATION OF LIABILITY:

BSKL is not responsible, and will not be liable, for any damages to, or any viruses that may infect, your computer equipment, telecommunications equipment, or other property, caused by, or arising out of, your access to, use of, or browsing of the Services, or your downloading of any information or materials from the Service. BSKL or any of its officers, directors, employees, shareholders, affiliates, agents, professionals, heirs, assigns, or any party involved in the creation, production, or transmission of the Services, shall be liable to you or any other person for any indirect, special, punitive, incidental, or consequential damages (including, without limitation, those for loss of profits, loss of data, or business interruption) arising out of the use, inability to use, or results of the use of the Services, materials, information, or services contained in any of the Services. or all, whether based on warranty, contract, tort, or any other legal theory, and whether or not the possibility of such damages has been advised. The above limitations of liability apply only to the extent prohibited by law. Please refer to your local laws for any such prohibitions

In the event of any problem with the Services, any materials related to the Services, or information contained in the Services, you agree that your sole remedy is to stop using the Services. BSKL in the 12 months preceding the action that led to the liability.

17. Compensation:

You agree to defend, indemnify and hold harmless BSKL and any affiliated body or individual from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to (a) your use of the Services or your placement or submission of any User Submission, content, message or other information about the Services by you or your authorized users, (b) your violation of any provision of this Agreement, including without limitation, your breach of any of the representations and warranties set forth in this Agreement, (c) your violation of any third-party right, including, without limitation, any right to privacy, publicity rights, or intellectual property rights, (d) your violation of any law, rule, or regulation in the United States or any other country, (e) any claim or damages arising as a result of any User Submission you make to BSKL, including, without limitation, any liability or damages arising for defamation or invasion of privacy, or (f) any other party's access to and use of the Services using your username, password, or security code.

18. Exemption:

In the event of a dispute between you and one or more other users of the Services, you release BSKL's officers and/or affiliates, directors, agents, employees, affiliates, joint ventures and employees of all liability, demands and damages (present or consequential) of whatever kind and nature, whether known or unknown, suspected or not suspected, declared or not, arising out of or in any way connected with such disputes.

19. Force Majeure:

Neither BSKL nor you will be liable for damages, delay, or failure to perform resulting from acts or events beyond such party's reasonable control, including, without limitation: (a) fire, lightning, explosion, power surge or outage, water outage, act of God, war, revolution, civil commotion, acts of civil or military authorities, or public enemies, (b) any law, order, regulation, decree, or requirement of any government or legal body or any representative of any such government or legal body, or (c) otherwise labor unrest, including but not limited to strikes, disputes, sit-ins, or boycotts, (d) inability to secure raw materials, transportation facilities, and fuel, (e) power shortages, or (f) actions or omissions by other companies.

20. Privacy:

Data collection and use, including data collection and use of personally identifiable information, are subject to PayPal's Privacy Policy (available at www.psql.com).https://www.bskl.app/policy ) which are incorporated herein by reference and are a part of this Agreement.

21. Outs:

Any order relating to and use of these Services and the materials contained therein shall be governed by the laws of the State of Illinois. This means that you consent to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based on or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally created and maintained in printed form.

22. Digital Millennium Copyright Act (“DMCA”) Notice:

In operating the Services, we may act as a “Service Provider” (as defined by the DMCA) and provide the Services as an online provider of materials and links to Third Party Sites and as a result, Third Party Materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Services. BSKL has certain legal jurisdiction with respect to claims of copyright infringement that occur on the Services. Mark has adopted or affiliated with a policy to remove any content or potentially suspend any user found to have (a) repeatedly violated the rights of BSKL or a third party, (b) otherwise violated any intellectual property laws or regulations, or (c) violated any of the terms and conditions of this Agreement. If you find any material available via the Services to be infringing copyright, you must notify us using the Notification of Claimed Infringement Procedure (DMCA) (17 U.S.C. Sect. 512(c)(2)). We will promptly remove or disable access to any material found to be infringing, and we will follow the procedures specified in the DMCA to resolve accountability between the notifying party and the alleged infringing party that provided the content. Our designated agent (i.e., the appropriate party for notification) to whom notices of infringement should be directed under the DMCA is:legal@bskl.app .

Your notice must include the following information:

Identify the intellectual property that you claim has been infringed.

Identification of the material on the Services that you claim is infringing, with sufficient detail so that we can locate it on the Services.

A statement by you that you have a good faith belief that use of the intellectual property is not authorized by law, the owner of the intellectual property, or the owner's agent.

A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the relevant intellectual property interest or that you are authorized to act on behalf of the owner.

Your address, phone number and email address.

Your physical or electronic signature.

We may provide notice to our Users of any Notice of Infringement by means of a general notice on any of our Services, by electronic message to the user's email address in our records, or by written communication sent by first class mail to the user's physical address in our records. If you receive a notice of infringement, you may file a counter-notice in writing with the Designated Agent that includes the information below. To be effective, a counter notification must be in writing that includes the following:

Identification of the material that has been removed or access to which has been disabled, and the location in which the material appeared before it was removed or access to it was disabled.

A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of an error or misidentification of the material to be removed or disabled.

Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside the United States, for any judicial district that we may find, and that you will accept service of actions from the person who submitted a notification of allegedly infringing material or an agent of such person.

Your physical or electronic signature.

23. Severability:

If any provision of these Terms of Service is unlawful, void, invalid, or for any reason unenforceable, that provision may be deemed severable from the remaining Terms of Service and will not affect the enforceability of any remaining provisions contained herein.

24. Commissioning:

You may not transfer or assign these Terms of Service, and any rights and licenses granted hereunder, but BSKL may assign without restriction. Any assignment you attempt to make in violation of these Terms of Service will be void. These Terms of Service will be binding and in force for the benefit of the parties to this Agreement, their heirs and assigns.

25. Headings:

The main references contained herein are for convenience only, do not form part of these Terms of Service, and are not considered to be restrictive or affect any of the provisions of this Agreement.

26. Waiver:

No provision of these Terms of Service may be waived except by written instrument executed by the party entitled to benefit from such provision. BSKL's failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

27. Continuity:

Provisions of these Terms of Service that are intended to survive termination of these Terms of Service will, by their nature, survive the termination of these Terms of Service.

28. Additional Aids:

If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, please contact us info@bskl.app