This Site (defined below) is offered by [Engage Cupertino ] for use by individuals who are invited by City of Cupertino, California to use the Site. Bang the Table USA, LLC (“BTT,” or “we”), operates and hosts the Site for the benefit of City of Cupertino, California.
City of Cupertino, California and BTT welcome you to City of Cupertino, California’s community engagement portal at https://engagecupertino.org(the “Site”). While all of the questions, surveys, forums, discussions, and other Content (defined below) on the Site is provided and controlled by the City of Cupertino, California or other individuals invited by the City of Cupertino, California to use the Site, BTT owns and operates the technology and intellectual property rights that power the Site. On the Site, you will be able to engage and communicate with City of Cupertino, California and other interested parties.
- When we use the term “Content,” we mean any information, data, music, sound files, photographs, graphics, images, videos, articles, or other content accessible on the site. Content is provided by City of Cupertino, California and other users of the Site. BTT does not create, upload or provide any Content you see on the Site. Any Content that you provide or upload to the Site is “Your Content.” As between you and BTT, you own Your Content. City of Cupertino, California may have additional rights to use Your Content. BTT (a) makes no, and hereby disclaims all, representations or warranties about the Content, and (b) is not responsible for the substance, accuracy, completeness, appropriateness, or legality of Content.
- You have no expectation that your Content will be published on the Site.
- You also acknowledge and agree that we and our designated agents have the right (but not the obligation), in our sole discretion, to review and monitor Content on the Site, including Your Content, and we may remove or refuse to post, in our sole discretion, any Content, including if it violates our Moderation Rules (see below). In some cases, City of Cupertino, California has the right to review and approve Content before it is included on the Site. Note that neither we nor City of Cupertino, California edit your Content.
- When you access and use this site, information submitted by you will belong to the data controller (City of Cupertino, California). This information may include personal data (e.g. your name, age, contact details etc.). BTT's role is to process this data on behalf of the data controller. Processing means (among other things): ensuring this website runs properly, that your data is securely stored and is available to the controller so that they can effectively manage the site and your input."
- You may be required to register before accessing or contributing content to the Site, or before accessing certain features or functions on the Site. In the event you need to register, this Section 3 applies to you. To register for an account on the Site, you must be the older of: (a) 14 years and (b) the age required by law where you live to form a binding contract with BTT. When you register, you will: (i) submit only true, accurate, current and complete information about yourself as prompted by the Site's registration procedure (the “Registration Data”); and (ii) maintain and regularly update the Registration Data to keep it true, accurate, current and complete.
- If you provide any information that is untrue, inaccurate, not current or incomplete, or City of Cupertino, California suspect that you have provided such information, your account may be suspended or terminated.
- After you complete the user registration process at the Site, you will receive a user password and account name to access the Site. You: (i) are fully responsible for maintaining the confidentiality of your password and account; (ii) are fully responsible for all activities that occur under your password or account; (iii) must immediately notify BTT if you are aware or suspect any unauthorized use of your password or account or any other breach of security; and (iv) must create no more than one user account at the Site.
- We, or our agents, may require access to your user account to respond to service or technical issues.
- City of Cupertino, California may communicate with you through your user account by sending messages, newsletters, and other information.
- BTT may, in its sole discretion or at the direction of City of Cupertino, California, and with or without notice to you, for any reason, terminate your password, account or use of the Site (or any part), and remove and delete any Content within the Site, including Your Content, for any reason. For example, if you repeatedly post content that violates the site moderation rules your account may be suspended or terminated.
- You agree that BTT may in its sole discretion and at any time discontinue providing the Site, or any part, to you with or without notice, and without liability to you or any third parties.
You understand and agree that:
- all Content is the sole responsibility of the person who made the Content available, and you are solely liable and responsible for Your Content;
- you are prohibited from advertising or offering to sell or buy any goods or services on the Site.
you shall not:
- post Content that: (a) infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party; (b) violates applicable law or is illegal; or (c) violates any third-party’s right, including right to privacy;
- transmit Content that is or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," surveys, contests or any other form of solicitation;
- transmit Content that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to or that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- transmit Content that harms minors in any way;
- impersonate any person or entity, including without limitation a Bang the Table representative or another user of the Site, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- create a false identity for the purpose of misleading others as to your identity or the originator of a message;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, appropriateness, or usefulness of such Content.
- Your Content will be seen by City of Cupertino, California and may be made publicly available on the Site or elsewhere. Additionally, even if Your Content is not made public or available to third parties on the Site, Your Content may be subject to applicable open records laws.
- You agree to and shall comply with our moderation rules for the Site, which can be found at https://engagecupertino.org/moderation (“Moderation Rules”)
- By accessing the Site, you expressly agree that: (a) the Site is not a public forum; and (b) Your Content does not constitute protected speech under the First Amendment of United States Constitution.
- The Site gives you the opportunity to engage and communicate with third-parties, including the City of Cupertino, California. You acknowledge and agree that your communications with City of Cupertino, California and any third-parties via the Site are solely between you and City of Cupertino, California and the relevant third parties.
MODIFICATIONS AND DISCONTINUANCE
Both BTT and City of Cupertino, California reserve the right at any time and from time to time to modify or discontinue access to the Site (or any part), with or without notice, temporarily or permanently without liability to you or to any third party.
If you encounter issues with the Site, believe you see Content that violates these TOU, or have questions about the Site, please contact the City of Cupertino, California at email@example.com (External link)(External link).
Terms Specific to BTT
BTT offers the Site and Content to you on an “as-is” and “as available” basis without warranty of any kind. BTT makes no representation or warranty that the Site will be uninterrupted, timely, secure, or error free. To the fullest extent allowed by applicable law, BTT expressly disclaims all warranties of any kind arising from or related to the site or content, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and noninfringement.
INDEMNITY AND RELEASE
You shall indemnify and hold BTT, and its subsidiaries, affiliates, officers, agents, and other partners, and employees harmless from, and at BTT’s request, defend any or all of the foregoing against, any claim, cause of action, proceeding or demand and all related costs, expenses, damages, and other liabilities, including reasonable legal fees, related to or arising out of: (a) Your Content; (b) your interactions or relationship with City of Cupertino, California; and (c) your violation of any other's rights or applicable law.
BTT’S PROPRIETARY RIGHTS
BTT hosts this site for City of Cupertino, California and will not use any data you post to the site for anything other than benchmarking, using de-identified data, and reporting to the client unless that data is publicly available. We do not sell lists of user details to third parties. However, we do need the rights to share the data with City of Cupertino, California and occasionally to assist in it’s analysis. City of Cupertino, California needs the rights to use the data as it needs to in order to properly listen to the community and to carry out it’s business. The clause below facilitates this.
- You acknowledge and agree that:
- the Site and any necessary software and technology used in connection with the Site, including but not limited to the software known as Engagement HQ™, contain proprietary and confidential information protected by applicable intellectual property and other laws, and all of the foregoing is owed by BTT; and
- the Content presented to you via the Site or via third parties may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
- You hereby grant BTT a nonexclusive, perpetual, irrevocable, royalty-free, paid-up right and license to: (a) use your name or user/screen name and Your Content for BTT’s business purposes, including to provide the Site to the City of Cupertino, California.; and (b) sublicense your Content to City of Cupertino, California for its business purposes. BTT only uses content for the purpose of benchmarking, use of deidentified data and providing reports to City of Cupertino, California. We do not sell lists of user details to third parties.
- The BANG THE TABLE trademark, and other logos and product and service names used by the BTT, are trademarks of the BTT. You will not display or use the Bang the Table Marks in any manner without our prior permission.
COPYRIGHT and DMCA
- When using the Site you may provide Content to the Site. You retain your rights to your Content.
- City of Cupertino, California complies with the Digital Millennium Copyright Act (“DMCA”). We will terminate copyright infringers when legally required or appropriate.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS BTT, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS (“RELEASED PARTIES”), EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
BTT may change the TOU from time to time without prior notice to you, (though we will alert City of Cupertino, California to the change) and we will indicate there is an updated TOU by posting it to the Site. Your sole and exclusive remedy, if you do not agree to the modified TOU will be to cease all access and use of the Site.
- The TOU and the relationship between you and BTT is governed by the laws of the State of Colorado without regard to its conflict of law provisions. Any dispute or claim relating in any way to your use of the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this TOU. You each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- Our failure to exercise or enforce any right or provision of the TOU must not be treated as a waiver of the right or provision.
- If any provision of the TOU is found by a court of competent jurisdiction to be invalid, then such provision is deemed deleted, but the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.
- Your rights and obligations under the TOU are personal and may not be assigned or dealt with in any way without our permission, and which may be withheld in our absolute discretion.
- Headings in the TOU are for convenience only and do not affect interpretation.