Terms and Conditions

These terms and conditions (“Terms and Conditions”) govern your use of, and access to, the Best Version Media, LLC (“BVM” “we,” or “us”) websites, including without limitation, www.bvmsports.com and www.bestversionmedia.com (“Websites”) and any services we provide through the Websites (“Services”). We refer to the Websites and the Services together as the “Sites.”

Please read the Terms and Conditions carefully before you start to use the Sites. By using the Sites or by clicking to accept or agree to these Terms and Conditions when this option is made available to you, (“User” or “you”) agree to read, comply with, and be legally bound by these Terms and Conditions.

We may, in our sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions and your continuing use of the Sites will signify your agreement. Although we may attempt to notify you when major changes are made to these Terms and Conditions, from time to time you should review the most up-to-date version here at https://www.bestversionmedia.com/terms/.

IF YOU ARE UNWILLING OR UNABLE TO COMPLY WITH THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THE SITES.

1. ACCESS TO THE SITES

Authorization. Subject to these Terms and Conditions, BVM hereby grants you a non-exclusive, non-transferable right to access and use the Sites.

Eligibility. You must be at least 13 years old to use or access our Sites and you must be at least 18 years old to register an account on the Sites. If you are under 18, you must have your parent’s or legal guardian’s permission to use the Sites, including submitting content to us. If this applies to you, please read these Terms and our Privacy Policy with your parent or legal guardian. If you are a parent or legal guardian and you give your child permission to use our Sites, including submitting content, these Terms and Conditions apply to you, and you are responsible for your child’s use of our Sites.

Accounts. To access and use certain parts of the Sites, you must have an account with BVM.  These Terms and Conditions apply to all users of the Sites, including both Users that have an account and users that do not have an account.  Each User account is personal in nature and may only be used by the User assigned to the account. You may not allow any third party to access or use your account. You are responsible for maintaining the confidentiality and security of your account including, without limitation, keeping the account password confidential. 

2. USE OF THE SITES 

Prohibited Actions. In your use of the Sites, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to (i) use the Sites for any purpose in violation of local, state, national, or international laws; (ii) infringe or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity, or contractual rights; (iii) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Sites or the services offered on or through the Sites, including without limitation any information residing on any server or database connected to the Sites or the services offered on or through the Sites; (iv) interfere with, interrupt, damage, disable, overburden, or impair the Sites, User Content, or the services made available on or through the Sites, including, without limitation, through the use of viruses, cancelbots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or electronic mail address information or similar methods or technology; (v) attempt to gain unauthorized access to any portion of the Sites or other computer systems through the Sites; (vi) link from any other Sites to this Sites or link this Sites to any other Sites; (vii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or (viii) assist any third party in doing any of the foregoing.

3. POSTING AND MODIFYING USER CONTENT

User Content. You may be able to add, create, upload, submit, distribute, post, or share content on or through the Sites, including, but not limited to, articles, website links, opinions, information, posts, profiles, and pictures (collectively, “User Content”).

You may not submit, post or transmit to the Sites any material that you know or ought reasonably to have known: (i) cannot be legally distributed (whether by law or regulation or in contempt of any court or other governmental authority or body); (ii) that infringes the copyrights, trademarks, trade secrets, or other proprietary rights (“Intellectual Property Rights”) of any third party; or (iii) that contains any content that is illegal, threatening, harassing, defamatory, obscene, pornographic or indecent.

You shall not post or transmit any material to the Sites that breaches any laws or regulation relating to a person’s right to privacy or the export of personal data.

Although BVM reserves the right to refuse access or edit or remove content that violates these Terms and Conditions, you acknowledge and accept responsibility and liability for User Content posted by you.  BVM does not endorse or authorize any User Content or any opinion, recommendation, or advice expressed in such User Content. You are solely responsible for any User Content you post and any consequences arising from posting or publishing such User Content.

User Content posted to the Sites can be edited, revised, or deleted at any time by BVM, or by other users as permitted through the functionality of the Sites and under these Terms and Conditions. You consent to and license the editing, revision, and deletion of User Content posted by you.

Author Credentials. BVM may attribute User Content that you submit, share or post to the Sites to you by associating the User Content with your name, likeness, and other biographical information you provide to us (“Profile Information”). By sharing or posting User Content, you grant BVM the right to use and display your Profile Information in connection with any User Content you post or share, and you release BVM from any claims that any use of your User Connect or Profile Information violates any of your rights including any rights of publicity or privacy. If you wish to permanently delete your Profile Information so that it is not visible on the Sites in connection with your User Content, please contact BVM at our Do Not Sell or Share My Personal Information form.

Reliance on User Content. BVM does not participate in any way in the development of any User Content, does not endorse any User Content, and is not responsible or liable for any User Content that appears on the Sites.

Links to Third Party Websites. The Sites may include links to other websites or services solely as a convenience. You agree that BVM does not endorse and is not responsible or liable for any such linked sites or other information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, BVM makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Your use of linked sites is solely at your own risk.

Personal Information. We may collect, use, transfer, and disclose your personal information pursuant to your access to and use of the Sites, as described in the Privacy Policy, available at https://www.bestversionmedia.com/privacy-policy/, which may be updated from time to time.

Termination. BVM reserves the right, with or without notice and in its sole discretion, to terminate these Terms and Conditions or any User’s ability to access or use the Sites for any reason. You agree that BVM will not be liable to you or any third party for any such termination.

4. OWNERSHIP

Site Ownership. BVM owns all right, title, and interest, including all intellectual property rights, in and to the Sites, including, but not limited to, all of the software and code that comprise and operate our Sites. All of the text, photographs, illustrations, images, graphics, audio, video, URLs and other materials provided through the Sites are owned by BVM or third parties who have licensed their content to BVM. The Sites are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws.

User Content Ownership. Between you and BVM, BVM owns all User Content and by submitting content to us or posting content to the Sites, you hereby assign to BVM all right, title, and interest, including all intellectual property rights, in and to your User Content.  As owner of the posted User Content, BVM has the full right to use, perform, display, reproduce, distribute, modify, make derivative works of, and otherwise exploit the User Content.

Marks. The BVM names, logos, product and service names, designs, and slogans are trademarks of BVM or its affiliates or licensors. Users may not use such marks without prior written permission from BVM.

Feedback. If you send or transmit any communications or materials to BVM by mail, email, telephone, or otherwise, suggesting or recommending changes to the Sites, BVM’s intellectual property, or other services BVM provides, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), you hereby assign to BVM all right, title, and interest in the Feedback and BVM is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although BVM is not required to use any Feedback.

Reservation of Rights. BVM reserves all rights not expressly granted to User in these Terms and Conditions. Except for the limited rights and licenses expressly granted under these Terms and Conditions, nothing in these Terms and Conditions grants, by implication, waiver, estoppel, or otherwise, to User or any third party any intellectual property rights or other right, title, or interest in or to the Sites, or any and all intellectual property provided to any User in connection with the foregoing.

5. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

BVM Policy. BVM respects the intellectual property rights of others. BVM will remove User Content and other materials on the Sites in accordance with the Digital Millennium Copyright Act (“DMCA”) upon receipt of proper notice that such User Content or other materials infringe a third party’s copyright. Additionally, as described below, BVM will terminate the accounts of repeat infringers.

Notice of Infringement. Any copyright owner, or an agent thereof, who believes that User Content or other materials on the Sites infringes upon their copyrights, may submit a notification pursuant to the DMCA to the address provided below. Such notification must contain the following:

• the signature of the copyright owner or an authorized agent;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are on a single site, a representative list of such works at that site;
• identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit BVM to locate the material (or the reference or link);
• contact information for the copyright owner or authorized agent;
• a statement that the person sending the notice 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; and
• a statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.

BVM may disclose DMCA notices to affected users and third party databases that collect information about copyright takedown notices.

Repeat Infringers. Without limiting anything else in these Terms and Conditions, BVM will terminate any account that receives three (3) DMCA Takedown Actions. A “DMCA Takedown Action” occurs each time User Content or other materials is removed due to a DMCA notice. BVM may group multiple DMCA notices received in a short period of time as a single DMCA Takedown Action. BVM may remove a DMCA Takedown Action in appropriate circumstances, such as where: (1) the material is restored due to a DMCA counter-notification; or (2) the party who provided the DMCA notice withdraws their complaint.

Address for Notices. DMCA notices and counter-notifications may be sent to BVM’s designated agent, Copyright Manager at the following addresses:

6. SPECIAL TERMS FOR APPS DISTRIBUTED THROUGH THE APPLE APP STORE OR GOOGLE PLAY

Acknowledgement. The BVM App may be available through the Apple App Store or Google Play. You and BVM each acknowledge that these Terms and Conditions and any other terms and conditions imposed by BVM with respect to the BVM Apple App and the BVM Google App (the “BVM Apps”) and any other agreements entered into between you and BVM in connection with the BVM Apps (collectively, the “BVM App Agreements”) are between you and BVM only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and that BVM, not an App Distributor, is solely responsible for the BVM Apps and the content thereof. In the event the BVM App Agreements provide usage rules for the BVM Apps that are in conflict with the App Distributor Service Terms, the App Distributor Platform Terms shall control with respect to the BVM Apps.

Scope of License. In addition to the other terms set forth in the BVM App Agreements, the licenses granted to you for the BVM App are solely for your use on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.

Maintenance and Support. BVM is solely responsible for providing any maintenance and support services with respect to the BVM Apps, as specified in the BVM App Agreements or as required under applicable law. You and BVM acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the BVM Apps.

Warranty. BVM is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in the BVM App Agreements. In the event of any failure of the BVM Apps to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the BVM App. Further, to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the BVM App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be BVM’s sole responsibility.

Product Claims. You and BVM acknowledge that BVM, not an App Distributor, is responsible for addressing any claims that you or any third party have relating to the BVM App or your possession and/or use of the BVM App, including, but not limited to: (1) product liability claims; (2) any claim that the BVM App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy or similar legislation.

Intellectual Property Rights. You and BVM acknowledge that, in the event of any third party claim that the BVM App, or your possession and use of the BVM App, infringes that third party’s Intellectual Property Rights, subject to the limitations of liability and indemnification obligations set forth in the BVM App Agreements, BVM, not the App Distributor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Third Party Terms. You must comply with applicable third party terms when using the BVM App.

Third Party Beneficiary. You and BVM acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries to these Terms as applicable to the BVM App, and that, upon your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third party beneficiary thereof.

7. DISCLAIMER OF WARRANTIES

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BVM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE. BVM MAKES NO WARRANTY OF ANY KIND THAT THE SITES, OR ANY OF THE RESULTS FROM THE USE THEREOF, WILL MEET VISITOR’S OR ANY THIRD PARTY’S, REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES OR BE SECURE, ACCURATE, COMPLETE, OR ERROR-FREE.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BVM, ITS AFFILIATES, OR OTHER THIRD PARTIES SHALL CREATE A WARRANTY OF ANY KIND OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY EXPRESSLY GRANTED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless BVM, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Sites, including, but not limited to, your User Contributions, your violation of any intellectual property rights of any other person or entity, your use of the Sites other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Sites. However, we reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. You agree that this indemnity extends to requiring you to pay for our reasonable attorney fees, court costs, and expenses. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties, and you shall be liable for the damages as though we had proceeded with a trial.

9. LIMITATIONS OF LIABILITY

IN NO EVENT WILL EITHER BVM BE LIABLE UNDER OR IN CONNECTION WITH THE SITES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; OR (iii) LOSS OF GOODWILL OR REPUTATION, IN EACH CASE REGARDLESS OF WHETHER USER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

IN NO EVENT WILL BVM’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $100.

10. MISCELLANEOUS

Governing Law.  All matters relating to the Sites and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule.

Forum.   Any legal action or proceeding arising out of or relating to these Terms and Conditions of the Sites shall be instituted exclusively in the United States District Court for the Eastern District of Wisconsin   or the courts of the State of Wisconsin, in each case located in the City of Brookfield and County of Waukesha. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY LAW, YOU KNOWINGLY, VOLUNTARILY, UNCONDITIONALLY AND INTENTIONALLY WAIVE YOUR RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE SITES. 

Third Party Statements. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE STATEMENTS, ADVICE OR OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED BVM SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS PROVIDED BY ANY THIRD PARTIES, AND SUCH STATEMENTS, ADVICE OR OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE OR OPINIONS OF BVM.

Survival. The provisions of these Terms and Conditions which by their nature are intended to survive the termination or cancellation of these Terms and Conditions shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation. Without limiting the foregoing, the provisions of the regarding indemnity and limitations of liability, shall survive the termination or cancellation of these Terms and Conditions.

Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, any warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

Entire Agreement. These Terms and Conditions constitute the sole and entire agreement between you and Best Version Media, LLC, with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.