BMPClips Site Terms
Broccoli Media Productions reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPOARED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Questions or comments about this Site or its content should be directed to Broccoli Media Productions Legal Department.
Index of Provisions
• Site License and Access
• Copyright Complaints
• Trademarks and Service Marks
• Press Releases
• Limitation of Liability
• Applicable Law and Venue
• Social Media
• Commercial Images, Videos and Logo Use on the Media Kit
Site License and Access
Broccoli Media Productions grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Broccoli Media Productions or any third party.
You may not use, frame or utilize framing techniques to enclose any Broccoli Media Productions trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Broccoli Media Productions express written consent with the exception of the commercial images, videos and logos provided on the Site Media Kit, the use of which is subject to the express terms and conditions pertaining thereto. Further, you may not use any meta tags or any other “hidden text” utilizing an Broccoli Media Productions name, trademark, or product name without Broccoli Media Productions express written consent.
Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statues. All violators will be prosecuted to the fullest extent of the law.
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are copyrighted, ALL RIGHTS RESERVED, by BMPCLIPS and/or third-party licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Broccoli Media Productions or the respective copyright owner with the exception of the commercial images, videos and logos provided on the Site Media Kit, the use of which is subject to the express terms and conditions pertaining thereto. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Broccoli Media Productions or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.
Broccoli Media Productions respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Broccoli Media Productions Legal Department the following written information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim had been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Trademarks and Service Marks
Broccoli Media Productions trademarks and logos, Broccoli Media Productions subsidiary trademarks and logos and Broccoli Media Productions program trademarks and logos, hereafter referred to collectively as “BMP Marks” and as to Logos only as “Logo or Logos” are the cornerstone of the company and instrumental in building and sustaining a strong image of the company’s brand. Information found below provides guidelines for BMP Marks and Logos.
• BMP Marks and Logos may not be copied, imitated or used, in whole or in part, without the prior written permission of Broccoli Media Productions Communications and Broccoli Media Productions Legal with the exception of the commercial images, videos and logos provided on the Site Media Kit the use of which is subject to the express terms and conditions pertaining thereto.
• BMP Marks and Logos should be fully, clearly and legibly reproduced.
• BMP Marks and Logos should be depicted in their entirety, without modification or abbreviation. No attempt should be made to alter or recreate these logos in any manner whatsoever including, but not limited to, changes in color, proportion, design, or removal of any words or trademark symbols. Any variation requires approval of Broccoli Media Productions.
• Other business (es) trademarks, logos, projects or organization names should not be incorporated into BMP Marks or Logos unless Broccoli Media Productions has provided approval to do so.
• BMP Marks and Logos shall not be used (i) in any manner inconsistent with these guidelines, (ii) in any way which is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or (iii) in any way that could give rise to any civil or criminal liability under the law or otherwise diminish the goodwill and integrity of Broccoli Media Productions.
• BMP Marks may never be used in a manner that would disparage Broccoli Media Productions or its products or services.
• BMP Marks may not be translated into another language or changed into another character set without the prior approval of Broccoli Media Productions.
• BMP Marks and Logos may not be used to endorse or promote third parties, others’ goods or services, political campaigns or promotion of political causes, or for organizations and programs not directly sponsored by Broccoli Media Productions, without the written permission of Broccoli Media Productions.
• All uses of BMP Marks or Logos in marketing, advertising, product sheets, collateral materials, website, social media, other digital media applications or promotional items should be approved by Broccoli Media Productions prior to such use. Social media shall mean online or internet communications, including, but not limited to Facebook, Twitter, LinkedIn, YouTube, Flickr and Google+ as well as personal websites and weblogs (blogs).
• The Logos must never be used as a substitute for the name, “Broccoli Media Productions” in text in documents.
All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners. Any request for grant of a license to use BMP Marks is subject to prior approval, and should be addressed to Broccoli Media Productions Legal Department.
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Broccoli Media Productions or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Broccoli Media Productions logo or other proprietary graphic or trademark of Broccoli Media Productions to link to this Site without the express written permission of Broccoli Media Productions. This limited right may be revoked at any time.
Third-Party Links. Broccoli Media Productions makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of Broccoli Media Productions is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. Broccoli Media Productions is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Broccoli Media Productions of the site or any information contained therein. When leaving the Broccoli Media Productions Site, you should be aware that Broccoli Media Productions terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy data gathering practices, of that site.
The information contained within the press releases issued by Broccoli Media Productions should not be deemed accurate or current except as of the date the release was posted. Broccoli Media Productions has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.
“AS IS” BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. BROCCOLI MEDIA PRODUCTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. BROCCOLI MEDIA PRODUCTIONS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BROCCOLI MEDIA PRODUCTIONS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE BROCCOLI MEDIA PRODUCTIONS ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, BROCCOLI MEDIA PRODUCTIONS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENETS.
Broccoli Media Productions reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Broccoli Media Productions.
Limitation of Liability
IN NO EVENT SHALL BROCCOLI MEDIA PRODUCTIONS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BROCCOLI MEDIA PRODUCTIONS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF BMPCLIPS SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID BROCCOLI MEDIA PRODUCTIONS, WHICHEVER IS LESS.
Certain laws do not allow limitation on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusion, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the state of Oregon without regarding to conflict of law principles. Exclusive jurisdiction for any litigation arising out of these terms and conditions or its subject matter shall be in County of Marion, State of Oregon.
Notwithstanding any of these terms and conditions, Broccoli Media Productions reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Our social media pages/channels, including, but not limited to Facebook, Twitter, LinkedIn, YouTube, Flickr and Google+ (“Sites”) are a place for you to learn more about Broccoli Media Productions. Neither Broccoli Media Productions nor any of its subsidiaries are responsible for third party content posted or appearing on these Sites, including but not limited to content and links posted by users. Broccoli Media Productions does not control or endorse nor is it responsible for third party content and makes no representations regarding the accuracy of content, information, opinions, claims or advice shared by Broccoli Media Productions fans.
Broccoli Media Productions does not condone or allow use of social media community space for content not related to Broccoli Media Productions. We reserve the right to remove postings that are: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of copyright or intellectual property laws; (d) contain advertising or SPAM; (e) and any other content that Broccoli Media Productions may deem inappropriate.
Broccoli Media Productions reserves the right to ban and block individuals who do not follow these basic rules of engagement. We are excited that you have decided to visit our social media pages/channels on these Sites you should also be aware and familiarize yourself with the site owner’s terms of service as posted on the sites.
Commercial Images, Videos and Logo Use on the Media Kit
The images, videos and logos found on the Sites Media Kit are provided courtesy of Broccoli Media Productions. All images, videos and logos posted in the Media Kit archives are for editorial use by news media free of charge, and may be used without a release from Broccoli Media Productions; however, they are subject to the following terms and conditions.
1. Information found above in the Site Terms relating to Trademarks and Service Marks provides guidelines for BMP Marks and Logos that should be used for all commercial uses of the images, videos and logos found in the Media Kit.
2. Broccoli Media Productions owns and retains the copyrights in the images except as noted. No copyright license (either express or implied) is granted to the user, other than the right to reproduce the images without alteration for news media use.
3. The images, videos and logos are provided to recipient as is. All implied warranties are hereby disclaimed, including, without limitation, the warranties of title, infringement, merchantability, and fitness for a particular purpose.
4. To the extent that images include any, Trade name, trademark, or service mark owned by a third party, or Likeness of or reference to an individual, user is responsible for appropriate permissions and licenses from such third party or individual.