USER TERMS AND CONDITIONS
This is the ButterflyMX, INC, Web Site and application program which are owned and operated by ButterflyMX, INC (DBA “ButterflyMX“). In order to use this Web Site (the “Site“) and application program (the “Program“), you must first agree to the following terms and conditions (the “Terms and Conditions“). Please review the Terms and Conditions carefully; BY ACCESSING ANY PORTION OF THE PROGRAM YOU WILL BE SIGNIFYING YOUR AGREEMENT TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS. Do NOT use the Program if you do not agree to be bound by any of the Terms and Conditions.
ButterflyMX may from time to time in the future change or modify the Terms and Conditions, so you should periodically review these Terms and Conditions to check for any changes. If you continue to use the Program after any changes or modifications of the Terms and Conditions are posted on this Site, you will be considered to have accepted, and to have agreed to be legally bound by, such changes and/or modifications.
LIMITED WARRANTY. BUTTERFLYMX DOES NOT WARRANT THAT OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT IT WILL MEET THE NEEDS OF ITS USERS OR THAT THE PROGRAM WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NO WARRANTY OR ASSURANCE, EXPRESS, IMPLIED, OR STATUTORY, IS GIVEN BY BUTTERFLYMX WITH RESPECT TO THE PROGRAM OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION (AND BUTTERFLYMX SPECIFICALLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW) ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
DISCLAIMER OF RESPONSIBILITY FOR ADVERTISERS AND LINKED SITES. (A) THE FACT THAT AN ADVERTISER OF PRODUCTS OR SERVICES MAY BE FOUND ON OR THROUGH THE PROGRAM SHOULD NOT BE UNDERSTOOD TO CONSTITUTE AN ENDORSEMENT BY BUTTERFLYMX OF ANY GOODS, PRODUCTS OR SERVICES ADVERTISED AND PROMOTED BY SUCH ADVERTISER. ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY ADVERTISER, AND ANY PARTICIPATION BY YOU IN ANY PROMOTION OF AN ADVERTISER (INCLUDING ANY ISSUES RELATING TO PAYMENT FOR AND/OR DELIVERY OF GOODS AND SERVICES), ARE SOLELY BETWEEN YOU AND THE ADVERTISER. YOU AGREE THAT BUTTERFLYMX WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF ANY DEALINGS WITH AN ADVERTISER THROUGH THE PROGRAM. (B) ANY LINKS AND POINTERS TO OTHER INTERNET SITES (“LINKED SITES“) WILL NOT CONSTITUTE AN ENDORSEMENT BY BUTTERFLYMX OF ANY INFORMATION, GOODS, PRODUCTS OR SERVICES OFFERED ON, OR ACCESSIBLE THROUGH, LINKED SITES. BUTTERFLYMX WILL HAVE NO DIRECT OR INDIRECT RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE OR LOSS CAUSED BY OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY LINKED SITE. (C) IF ANY DISPUTE DEVELOPS BETWEEN YOU AND AN ADVERTISER OR LINKED SITE, BUTTERFLYMX WILL HAVE NO LIABILITY FOR, AND YOU HEREBY RELEASE BUTTERFLYMX (AND ITS MANAGERS, AGENTS AND EMPLOYEES) FROM, ANY LIABILITY WITH RESPECT TO ANY CLAIMS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OR LOSSES OF ANY KIND ARISING FROM, OR IN ANY WAY CONNECTED WITH, ANY SUCH DISPUTE. YOU FURTHER AGREE THAT YOU WILL NOT INVOLVE BUTTERFLYMX IN ANY DISPUTE OR LITIGATION ARISING OUT OF ANY TRANSACTION OR AGREEMENT WITH ANY ADVERTISER OR LINKED SITE. IF YOU NEVERTHELESS ATTEMPT TO INVOLVE BUTTERFLYMX IN ANY SUCH DISPUTE OR LITIGATION, YOU WILL BE REQUIRED TO PAY ALL FEES AND OTHER COSTS AND EXPENSES INCURRED BY BUTTERFLYMX AS A RESULT.
DISCLAIMER OF RESPONSIBILITY FOR CERTAIN LOSSES AND DAMAGES. (A) IN NO EVENT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) WILL BUTTERFLYMX BE LIABLE TO YOU, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY AND NEGLIGENCE) FOR LOST PROFITS OR REVENUES, LOSS OR INTERRUPTION OF USE, LOST OR DAMAGED DATA, REPORTS, DOCUMENTATION OR SECURITY, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OF DATA, OR SIMILAR ECONOMIC LOSS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR IN CONNECTION WITH ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH THE PROGRAM, OR FOR ANY CLAIM MADE AGAINST YOU BY ANY OTHER PARTY, EVEN IF BUTTERFLYMX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. (B) ANY DOWNLOADING OF MATERIAL BY YOU FROM THE SITE IS DONE SOLELY AT YOUR RISK AND AT YOUR DISCRETION AND BUTTERFLYMX WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO A COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM ANY SUCH DOWNLOADING.
BUTTERFLYMX’S OWNERSHIP OF THE PROGRAM. ButterflyMX will retain all right, title and interest in and to the Site and the Program worldwide including, without limitation, ownership of all copyrights, trademarks, patents, look and feel, trade secret rights and any other intellectual property rights recognized under any applicable law except for any opensource code employed. ButterflyMX reserves the right to make such modifications to the Program from time to time as it deems advisable in order to enhance the functionalities or appearance of the Program or for any other reason.
INDEMNIFICATION. You agree to defend, indemnify, and hold harmless ButterflyMX and its employees, contractors, officers, agents and managers from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of the Program. ButterflyMX reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify ButterflyMX. If ButterflyMX chooses to assume the defense of any matter that is subject to indemnification by you, you will cooperate with ButterflyMX, at its expense, in any respect reasonably requested by ButterflyMX.
USE OF PROGRAM. (A) Except as expressly permitted by ButterflyMX, the Program may not be exploited for any commercial purpose, and, except as permitted by ButterflyMX, may not be reproduced, distributed, republished, displayed or transmitted. If ButterflyMX believes, in its discretion, that your use of the Program violates any applicable law or any of these Terms and Conditions, you may be denied access to the Program. (B) You represent to ButterflyMX that you are of sufficient legal age to legally assume and be bound by any liability you may incur as a result of your use of the Program (including, without limitation, any liability arising from of these Terms and Conditions).
PROHIBITED CONTENT. (A) You agree that you will not upload, post, or otherwise distribute or publish through the Program any text, communications, data, or other information (“Content“) (i) that is unlawful, threatening, abusive, degrading, libelous, defamatory, harassing, tortious, racially, ethnically or otherwise objectionable, (ii) that is sexually explicit or indecent (including, without limitation, graphic or indecent sexual language of a threatening or harassing nature directed at any individual or group); (iii) that constitutes or encourages conduct that would give rise to civil liability or violate law; (iv) that violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright rights, trademarks, rights of privacy or publicity or any other proprietary right; (v) that contains a virus or other harmful component designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or that is designed to obtain unauthorized access to any information; (vi) for which you do not have all necessary rights and licenses to transmit under any law or under any contractual or fiduciary relationship; or (vii) that constitutes or contains false or misleading indications of origin or statements of fact. You also agree that you will not harvest or collect information about any users of the Program or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or other communications. (B) ButterflyMX generally does not, and will not be obligated in any way to, pre-screen, monitor or edit any Content posted by users of the Program. However, ButterflyMX reserves the right to remove any Content that, in its sole discretion, does not comply with these Terms and Conditions or is otherwise harmful, objectionable, or inaccurate. However, ButterflyMX will in no event be liable for any failure or delay in removing any such Content.
SEVERABILITY. If any provision contained in these Terms and Conditions is held by a court to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions of these Terms and Conditions will not be affected thereby.
CHOICE OF LAW AND FORUM. These Terms and Conditions will be governed by, and construed under, the laws of the State of New York, without regard to its principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim, suit or action arising out of or relating to these Terms and Conditions or your use of the Program will be filed only in the state or federal courts located in the State of New York, and you agree to submit to the personal jurisdiction of such courts.
If you have any questions regarding these Terms and Conditions or the Program, you may reach ButterflyMX at 127 West 26th Street, 6th Floor, New York, NY 10001 (or by emailing: firstname.lastname@example.org).