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About maddog107

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  1. Digital Millennium Copyright Act Policy If you believe that material available on Bellazon, LLC (“Bellazon”) infringes on your copyright(s) and wish to have it removed from our website, please inform us by providing a notice containing the information listed below (a “DMCA Notice”). Once we have determined that a DMCA Notice so received is complete and valid, we will remove the material from the Website and make a good faith attempt to contact the user who uploaded or embedded the material by email. Any DMCA Notice must contain the following information: Identification of the content or work that you believe to be infringed. Identification of the location of the content or work where the original or an authorized copy of the copyrighted work exists. Information that will allow Bellazon to contact you, such as your name, address, telephone number, and e-mail address. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law. A statement provided under penalty of perjury that all provided information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. An electronic or physical signature of a person authorized to act on behalf of the copyright owner. Any person providing a DMCA Notice that contains false or misrepresentative information will be liable for damages, including costs and attorney fees, incurred in reliance on that notice, to the full extent provided for under applicable law. These requirements have been put in place in order to allow Bellazon to respond to allegation of infringement to the best of its abilities. You may want to contact an attorney to better understand your full rights and obligations under the Digital Millennium Copyright Act and other applicable laws. Please send your requests to: [email protected]
  2. Bellazon Terms of Service Short version of the Bellazon Terms of Service: Don't upload anything that can be even remotely construed as porn, copyrighted material, harassment, or spam. If you do, we will ban you, delete all your images, and prevent you from viewing any images hosted on Bellazon. Using our app to do anything other than access the links to this "Terms" page or accessing any page of our website other than our home page and this "Terms" page constitutes your consent to these terms of use and to our Privacy Policy. If you do not consent, do not use our website. Your use of our website to do anything beyond simply accessing/viewing it (that is, uploading, downloading, commenting, etc.), constitutes not merely your consent, but also your electronic signature, meaning that you are contractually bound by these terms and by our Privacy Policy. Intellectual Property By uploading a file or other content or by making a comment, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant Bellazon a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to Bellazon pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content Bellazon has already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it. USE OF BELLAZON CONTENT By downloading an image or copying other user-generated content (UGC) from Bellazon, you agree that you do not claim any rights to it. The following conditions apply: You may use UGC for personal, non-commercial purposes. You may use UGC for anything that qualifies as fair use under copyright law, for example journalism (news, comment, criticism, etc.), but please include an attribute ("Bellazon" or "courtesy of Bellazon") next to where it is displayed. You may not use UGC for non-journalistic commercial purposes. Your use of UGC is at your own risk. BELLAZON MAKES NO WARRANTIES OF NON-INFRINGEMENT, and you will indemnify and hold Bellazon harmless from any copyright infringement claims arising out of your use of the UGC. (See our general disclaimers below.) You may not copy or use any portions of our site that are not UGC except within the limits of fair use. NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT (OR OTHER TYPES OF INFRINGEMENT) If you see anything on our site that you believe infringes your copyright rights, you may notify our Digital Millennium Copyright Act ("DMCA") agent by sending the following information: Identification of the copyrighted work or works claimed to have been infringed. IMPORTANT: you must have a registered copyright for the work, or at least have filed with the Copyright Office (http://www.copyright.gov/eco/) an application to register a copyright for the work. DMCA notifications based on unregistered works are not valid. Identification of the material on our servers that is claimed to be infringing and that is to be removed, including the URL or other information to enable us to locate the material. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed. Your physical or electronic signature, or of someone authorized to act on your behalf. Instructions on how we may contact you: preferably email, but also address and phone. Because a DMCA takedown notice, to be valid, must be based on a work for which the copyright is registered with the Copyright Office (or for which registration has been applied for), and because a high percentage of DMCA takedown notices are not valid. It will speed our investigation of your DMCA notice if you attach to it a copy of your copyright registration, or registration application, for the work. Email: [email protected] Use the same procedure for any claimed trademark violations or other infringements. If we receive a DMCA takedown demand for material you posted that we believe constitutes fair use, we will attempt to notify you if we have your contact info; otherwise we are under no obligation to notify you regarding the removal. We reserve the right to refuse to remove any material that in our view constitutes fair use. If we identify you as a "repeat infringer," we will block or remove your images and terminate any accounts you have with us. (If we notify you of a DMCA removal and you respond with a legitimate counter-notice, that won't count toward being a repeat infringer.) Keep in mind that we reserve the right to remove any content at any time whether or not it infringes or violates any of our policies. Use of Trademark Any uses of our name, trademarks, and logos must follow our Trademark Use Policy. Disclaimer of Warranties, Limitations of Remedies, Indemnity Although of course we strive to make Bellazon as dependable as possible, Bellazon's services are provided on an AS IS – WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. BELLAZON DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER BELLAZON TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, BELLAZON HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. BELLAZON DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON BELLAZON.COM THAT IS NOT PRODUCED BY BELLAZON, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE. Your sole remedy for the loss of any services and/or of any images or other data you may have stored on Bellazon's service is to discontinue your use of our service. BELLAZON WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, BELLAZON'S SERVICES, EVEN IF BELLAZON HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF BELLAZON'S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS. YOU WILL INDEMNIFY AND HOLD BELLAZON AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS. Miscellaneous "Bellazon" or "we" refers to Bellazon, LLC, a Delaware corporation, and its successors and assigns. "You" refers to any person who has consented to these terms or has become contractually bound to them, whether such person is identified or not at the time. These terms are governed by California law, excluding its conflicts of law principles, and if there is a lawsuit between you and Bellazon, jurisdiction and venue will lie exclusively in the State where the defendant is located, if within the United States, or in Santa Clara County, California otherwise. If any part of these terms is invalid, the remaining provisions will be unaffected. These Terms of Use constitute the entire agreement among the parties relating to this subject matter, and they will continue to govern any issues that arise out of your use of Bellazon's services even after you discontinue using them. We may revise these terms from time to time without notice. Whenever we do so, we will so indicate by changing the version date at the top. Any changes apply as of the time they are posted. Bellazon is not meant for use by children under age 13; if your child is younger than 13 please allow him or her to use it only under your supervision. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. See e.g. www.toptenreviews.com/software/security/best-internet-filter-software.
  3. Your Privacy Rights – Effective August 28, 2018 This privacy policy applies to all Bellazon users worldwide. For users in the European Economic Area (EEA) and in Switzerland, Bellazon complies with the principles of the U.S.-EU Privacy Shield Program and the U.S.-Swiss Privacy Shield Program, and participates in both programs. Under both programs, we are subject to the investigatory and enforcement powers of the Federal Trade Commission, and we are liable for the unauthorized transfer to third parties of user personal data. For more information, see https://www.privacyshield.gov. Information we collect and the purposes for which we use it Automatically collected information Our servers automatically collect the following information regarding devices that access our site or app: device characteristics (including device ID for mobile devices), operating system, browser type, IP address, username from stored cookies if present, dates and times of each login, page and image viewing statistics, and incoming and outgoing links. We also log the metadata associated with any uploaded images. We use this automatically collected anonymous data to analyze how our site and app are used so as to keep them optimized, to determine the popularity and usefulness of various features, to maintain the integrity of user accounts so that each user can see his or her posts and the upvotes, downvotes, and comments to them, and to enable users with usernames to access their posts, albums, and membership information. We also use such data to enable us to comply with copyright law, with 18 USC §2258A (illegal content), and to respond to lawful requests by public authorities, including national security, courts, and law enforcement. None of this information is “personal data” – that is, data we could use to identify a specific person. Some of this information could, however, become personal data because we provide automatically collected anonymous data to third party advertisers to supplement the tracking information described below, and those third parties might be able to combine our anonymous data with other data they have to enable them to identify people. Interactively collected information In addition to the automatically collected anonymous data described above, we may place information on your device and then retrieve it later: we may use cookies, web beacons, or other anonymous tracking information to improve our server's interaction with your device. We also partner with third party advertisers who may (themselves or through their partners) place and/or recognize cookies on your device that collect data about which pages and ads are viewed while our app or site is being used. Advertiser cookies enable customized ads that are selected for display on your device based on the anonymous information collected. No personal data is on, connected to, or derivable from, these cookies. If you block or disable cookies and other tracking technologies, instead of getting customized ads you will see non-customized (generic) ads. Although our servers currently don't respond to "do-not-track" requests, you can block tracking in other ways. If you would like more information about this practice and to know your choices about not having this information used by these companies for interest based advertising, please visit http://www.aboutads.info/choices/ or see the section below, “Accessing, correcting, and limiting use of your data”. Bellazon participates in the Digital Advertising Alliance's (DAA) Self-Regulatory Program for Online Behavioral Advertising. For more information please visit http://www.aboutads.info. Information you choose to give us If you sign up with a username, we handle it in the same way as an automatically collected username except that if you don’t allow cookies, you have to enter your username each time you log in. A username is, by nature, publicly posted information. On occasion we may run a contest or other type of promotion, and to enable us to award prizes to the winners as well as to comply with the applicable laws, we collect real names and contact information – so if you win a contest, we’ll ask for that information and we’ll use it only for those two specific purposes. We collect whatever personal data about you that you choose to give us, such as a contact email address (which we do not make public) and profile information. We do not require you to use an account to upload images, and if you open an account you do not have to provide any personal information. If you are located in the EEA and wish to open an account, do not use your real name – choose a username and email address that reveal nothing about your identity. If you give us an email address, we’ll probably send you promotional messages once in a while; we’ll try to make them fun and interesting but of course you’ll be able to opt out at any time. Information you post Bellazon does not “collect” the stuff you post: images, comments, messages, etc., and – with respect to persons in the EEA – does not “process” or determine any purposes for processing of any information that you manifestly make public. In particular, every image uploaded to Bellazon is public – whether uploaded directly without going through a user account, or uploaded via a user account – and has its own URL. No matter what your privacy settings are, every image can always be accessed and viewed by anyone who types in that exact URL. No image uploaded to Bellazon is ever completely hidden from public view. This is mainly to ensure that Bellazon, which allows anonymous postings, will not be used as a platform for illegality. So too for messaging: Bellazon allows users to send messages to one another both indirectly (via comments to posts) and directly (via chat). Bellazon's messaging functionality is not intended to be a secure messaging platform; it's just for fun. To ensure that Bellazon's messaging platform is not used as a platform for illegality, all messages are public. No messages are ever completely hidden from public view. We may monitor user messaging. Album / Post / Image Privacy Uploading a New Post creates an “album” (also called “post”) that can be shared to the community. The individual images inside the album are referred to as “images.” Although nothing you post to Bellazon is completely hidden from public view, with that understanding you can set the privacy level of albums. Hidden: Albums will be hidden by default. They are not searchable within Bellazon, and will not appear in public albums list or public profile, but each one will still be accessible by going to the post’s URL. Public: Albums will be publicly viewable and shared with the community by default. Public albums shared with the community will allow comments, sharing, and voting. Public albums that are not shared with the community will be visible on your public page (https://www.bellazon.com/main/profile/MemberID-username) Secret: Albums are not searchable within Bellazon, and can't be viewed by anyone other than the logged-in user who uploaded the album. Each image in an album is still accessible via its own URL. Favorite Folders Privacy Individual public posts that you favorite are always visible from your “All Favorites” page and cannot be hidden, even those within folders. Favorited non-public posts will not appear publicly in your favorites by default. These settings for favorites cannot be changed. Public: Folders are visible to the public community on your public profile. Private: Private folders are kept hidden from your public profile. Accessing, correcting, and limiting use of your data Because we don’t collect information about the identity of our users and don’t receive any information from third parties enabling us to identify our users, we have no means of knowing, or providing you with information about, whatever anonymous data about you we might have on our servers – unless you have a username. If you have a username, you may log in and access your data, correct whatever information you deem to be incorrect, opt out of information sharing with our advertisers, or delete your account. For legal reasons we may retain backup and/or archival copies of information prior to your corrections, amendments, or deletions. Data Protection We take every reasonable precaution to protect the data on our servers from loss, misuse, unauthorized access, disclosure, alteration, or destruction, taking into account the risk level and the nature of the data. You are responsible for taking every reasonable precaution on your end to protect any unauthorized person from accessing your Bellazon account. Dispute resolution These terms are governed by California law, excluding its conflicts of law principles, and if there is a lawsuit between a user outside the EEA and Bellazon, jurisdiction and venue will lie exclusively in the State where the defendant is located, if within the United States, or in Santa Clara County, California otherwise. If you are a user located within the EEA and have an unresolved privacy or data use concern that we have not addressed satisfactorily, you have additional recourse mechanisms: First, you may contact TrustE, our U.S.-based third party dispute resolution provider (free of charge), at https://feedback-form.truste.com/watchdog/request. Second, you may, under certain conditions, invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. For additional information please see https://www.privacyshield.gov/article?id=ANNEX-I-introduction. Changes to this Privacy Policy We may revise our privacy policy from time to time by posting the changes here. You can determine the date of the most recent changes by looking at the “effective date” at the top.
  4. 1. Bellazon’s trademarks. Our trademarks include the words BELLAZON, BZ, as well as their distinctive logos. 2. Here are the ways you can use our trademarks without first getting our permission: a. Casual reference. You can refer to Bellazon by name in the text of something you post: blog thread or entry, comment, article, etc. You can add a screenshot of an Bellazon page (or something that’s identifiable as part of an Bellazon page) – or even one of our logos – to your blog entry, comment, article, etc., as long as it’s clear that the screenshot or logo is part of what you’re commenting about and isn’t used as a header, avatar, or label. And of course you can refer to Bellazon users as BZers! b. Sourcing. You can refer to an Bellazon URL as the source of an image or other content. (Regarding copyright aspects of the images themselves as well as other content, please see our terms of service.) c. Non-commercial “useful reference.” If you’re doing something interesting or useful, yet non-commercial (no goods or services advertised or offered for sale, no membership fees, no solicitations for money) involving Bellazon, you can use the words BELLAZON to describe what you are doing, even as a header or label – “An online forum for Bellazon” etc. – without first obtaining our permission as long as you observe three simple rules: First, don’t use any of our marks as part of a domain name. Second, don’t use any of our logos. (That would require our permission.) And third, post the disclaimer “NOT AFFILIATED WITH OR APPROVED BY BELLAZON” prominently enough and in a sufficient number of places that nobody will be under the impression that your project is produced or approved by Bellazon. By the way, we still highly recommend that you let us know about any such project, preferably while it’s in the planning stage – we can make sure you don’t accidentally do something that would require our permission, we can grant permission in most cases when needed, and we may be able to offer helpful suggestions and ideas. 3. If you’d like to use any of our marks in a way that goes beyond what you can do without our permission, then ask for our permission. We might grant it! Contact us at [email protected] If we grant permission, it will be in the form of a trademark license. We generally don’t charge for non-commercial trademark licenses; the important thing is that we retain control over how our marks are used. Here are some examples of the types of uses that will require our permission: a. Using any of our logos as part of a non-commercial “practical reference” (as described above). b. Using any of our marks as part of a “practical reference” in a commercial context (goods or services advertised or offered for sale, membership fees, solicitations for money, etc.). If you have an Bellazon-related app that is free but that offers paid upgrades or paid functions, then even the free app is considered to be commercial. c. Using any of our marks as (or in) a header, label, or avatar. d. Using any of our marks as part of a product name or logo. e. Using any of our word marks as part of a domain name. f. Using any of our marks in a way that might imply sponsorship, approval, or affiliation. By the way, we never grant permission for screen-scraping or framing. The fine print Probably stating the obvious, but necessary nonetheless: 4. Don’t mess with our marks. No one has our permission to misspell any of our word marks, or to change the depiction of any of our logos (no distortions, color changes, etc.). Except when it’s fair use: 5. “Fair use” and its limits. Our logos are also copyrighted works of art and no one has our permission to reproduce or make derivative works of any of them, other than for “fair use” purposes. Here’s what U.S. law (17 U.S.C. § 107) says about fair use; most other countries have similar provisions: [T]he fair use of a copyrighted work . . . for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. If you’d like to reproduce or make a derivative work of any of our logos as (or as part of) a work of art for commercial purposes – anything from a coffee mug or tee shirt to a laser projection on the Moon – that will never constitute “fair use,” so you’ll need our permission in the form of a license. If you have any doubts as to what constitutes “fair use,” or if you would like to request a license, please contact us at [email protected] 6. If these policies don’t cover everything, that doesn’t mean we waive our legal rights. If nothing in these policies covers your specific situation, we still reserve the right to protect our trademarks and copyrights. And even if you are using one or more of our trademarks or copyrights in a way that does not require you to first get our permission, we reserve the right to tell you to stop using them if, in our view, your use of them would jeopardize our trademark or copyright rights, dilute our trademarks, or violate the posting prohibitions described in our terms of service – which we also apply to the use of our marks.
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