Terms of Use

Content

All information on this Site, including any and all copyrights, trademarks, design rights and other intellectual property rights related to the content and work product on this Site, are owned by BEB, with the exception of the content you submit to BEB set forth in the section below.

The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of the Site does not grant you any ownership rights to the Content of the Site.

The reproducing in any format (including on another website) of any part of the Site (including content, images and designs) without BEB’s prior written consent is strictly prohibited.

Requests for prior written consent should be addressed to the following email: admin@nikamaples.com

You may provide links to the Site as long as:

1. You clearly give credit to Nika Maples as the author,
2. You include a hyperlink to the Site,
3. You do not remove or obscure any portion of the Site by framing or otherwise,
4. Your website does not engage in illegal or pornographic activities, and
5. Provided you do so in a way that is fair and legal and does not damage BEB’s or Nika Maples’s reputation or take advantage of it.

You must not provide links in such a way as to suggest any form of association, approval or endorsement on BEB’s part without BEB’s prior written consent. You must not provide links from any website that is not owned by you or for which you do not have written permission from the owner. You must cease providing links to the Site immediately upon BEB’s request.

Reliance on Content

The Content of this Site is meant for informational purposes only and is not intended to amount to professional or specific advice on which reliance should be placed.

Every effort has been made to only provide accurate information. However, BEB disclaims all responsibility and liability arising from any inaccuracies and any reliance placed on the information presented on the Site and shall not be liable for any damages or harm.

Content You Submit to BEB

You may be provided with the ability to upload, display, post, transmit, send, email or otherwise submit to BEB on the Site or on any of BEB’s social media accounts, content in the form of text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (the “content”, or “content you submit to BEB”).

You expressly acknowledge and agree that once you submit the content to BEB, it will be accessible by others, and that there is no confidentiality or privacy with regard to such content, including, without limitation, any personally identifying information that you may make available.

You, and not BEB, are entirely, and solely, responsible for all the content you submit to us. BEB does not claim ownership rights in the content you submit to BEB. However, you hereby grant to BEB a non-exclusive, fully paid and royalty-free, worldwide, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) such content and all intellectual property and moral rights therein.

You represent and warrant that:

• The content you submit to BEB is your original creation or you own the content or otherwise have the right to grant the license set forth above
• The content you submit to BEB does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person,
• The content you submit to BEB does not result in a breach of contract between you and a third party,
• The content you submit to BEB does not contain any discriminatory, libelous, defamatory, obscene or otherwise objectionable material or content that violates BEB’s terms of use or those of BEB’s social media accounts.

Disclaimer and Representations and Warranties

THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. NEITHER BEB NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE PRODUCTS OR SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABSENT THEIR WILLFUL OR INTENTIONAL MISCONDUCT, IN NO EVENT SHALL BEB, ITS AFFILIATES, OWNERS, EMPLOYEES, AGENTS AND INDEPENDENT CONTRACTORS (COLLECTIVELY “BEB PARTIES”) BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICES, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES. IN ALL CIRCUMSTANCES, BEB PARTIES’ MAXIMUM COLLECTIVE LIABILITY TO YOU FOR DAMAGES FROM ANY AND ALL CAUSES SHALL BE LIMITED TO $250.00 USD.

Prohibited Use

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

You are prohibited from violating or attempting to violate any security features of the Site; damaging, disabling, or impairing the Site; gaining unauthorized access to any portion or feature of the Site; or interfering with the operation of the Site.

Comments & Privacy Policy

When you leave a comment on the Site, your comment will be publicly available to other visitors. For spam detection, BEB collects data shown in comments forms and IP addresses in accordance with BEB’s Privacy Policy.

BEB processes information about you in accordance with BEB’s Privacy Policy. By using the Site, you consent to such processing and warrant that all data provided by you is accurate.

Licensing Terms for Downloadable Digital Content

When purchasing a digital product from the Site or downloading a free digital product in exchange for your email address from the Site, you are granted a limited, personal, non-exclusive, non-transferable license of the materials for your personal or internal business use only.

You acknowledge and agree that under this license you have no right to:

• Modify, copy, reproduce or sell the materials;
• Use the materials for any commercial purpose, except those included in your license agreement;
• Decompile or reverse engineer the materials;
• Remove any copyright or other proprietary notations;
• Transfer the materials to another person;
• Create derivative works based upon the materials;
• Offer any competing products based upon the materials.

Refund of Digital Products

Due to the nature of digital content, all purchases of digital products from the Site are final unless a refund is required under relevant consumer protection laws.

Photographic Release

By using our services, you irrevocably grant BEB and its representatives all rights to use, reproduce, display, exhibit, publish, edit, and distribute derivative works based on your image, likeness, and voice as recorded on any media worldwide, in perpetuity, without compensation, for any lawful purpose.

Controlling Law & Dispute Resolution

The validity, construction and enforceability of these Terms shall be governed in all respects by the laws of the State of Texas, USA. Any dispute shall be subject to the exclusive venue and jurisdiction of the state and federal courts serving Tarrant County, Texas.

Any dispute or claim shall be submitted to non-binding mediation prior to the commencement of any legal proceeding.

Contact Information

If you have any questions regarding these Terms of Use, please contact us via email at admin@nikamaples.com.