This website, http://www.bethebetterman.com (including all subpages, collectively "BTB Website"), is owned and operated by BeThe Better, LLC ("bethebetterman.com"), an Ohio limited liability company. By accessing the BTB Website, or by using the services or registering to use the services offered on the BTB Website (the "Services"), you agree to be bound by the terms of this Privacy & Service Policy, as well as any other rules, guidelines and additional terms referenced herein, which are hereby incorporated herein by this reference (collectively, the "Policy").

BTB reserves the right to change this Policy at any time without notice. Changes will be effective immediately following their posting to the BTB Website. Using the BTB Website after change(s) have been posted constitutes user acceptance. It is your obligation to review the Policy prior to logging into BTB each time you visit the BTB Website.

Description of Services

BTB LLC provides a competitive web platform for registered users and visitors to interact. Each competition has the potential to be shared with other site members and the general public. Doing so exposes each competitive challenge to the possibility of being judged, voted upon, commented on, or distributed externally for the same reasons.

The BTB Website is not intended to be used by children under the age of 13. BTB does not intend to solicit or collect personal information of children under the age of 13. You may not publish any such information. BTB cannot guarantee that such information will not be posted on the BTB Website, but will make reasonable efforts to purge from the BTB Website any user information known to violate this policy.

Features and services including the challenge media player are the proprietary property of BTB LLC and are protected by intellectual property laws and international property treaties. Once you accept the Policy and create an account as a registered member, you will have a personal, non-transferable and non-exclusive right to access and use BTB Website and the Services pursuant to the terms and conditions of this Policy.

Registration

Various services within the BTB Website have been designated for use by registered members only. This means that you must register and obtain a user account before you are permitted to access such designated services.

Use of Services

The BTB Website and affiliated services are expressly limited to personal, non-commercial and private use only. BTB may negotiate agreements on a case-per-case basis that may permit limited commercial use of the BTB Website and the Services. An example of this would be commercially sponsored challenges for advertising purposes. These rare circumstances require the specific prior written consent of BTB.

You acknowledge that: (a) you have the power and authority to be bound to and comply with the terms of this Policy; (b) you will adhere to all of the terms and conditions of this Policy; (c) if you choose to become a registered member, you have provided or will provide accurate and complete information; (d) you own or otherwise control the necessary rights or have the necessary consents to upload any content, including digital images, photographs, audio, video, text, comments, and emails (collectively, "Content"); and (e) if you choose to use services on the BTB Website that allows linking and embedding to other external websites, you have a valid registered membership with these external websites or otherwise have the authorization or permission to link or embed Content from these external sites into the BTB Website.

You understand and accept the possibility of occasional problems with the Services on the BTB Website such as inaccessibility and inoperability for any reason, including: (a) equipment malfunctions; (b) periodic maintenance; (c) circumstances that cause problems beyond BTB LLC's reasonable ability to predict or control.

You may use the Services to communicate by voting, commenting, chatting, emailing and otherwise using the Services as intended, and as permitted by this Policy and applicable law. Files that you upload to the BTB Website and any public communication posted on the site including votes, comments, chats, and emails are subject to review, modification, and deletion without notice. Digital files posted to the BTB Website may be subject to posted limitations on usage, reproduction and/or distribution. You are responsible for adhering to such limitations upon download or uploading them. Intellectual property markings such as copyrights and trademarks may not be removed from any of the files on the site.

Prohibited Items and Activities

You expressly acknowledge and agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to violate in any way the use of the Services. By way of example and not of limitation, you may not:

• Register at or use the BTB Website and the Services unless you have expressly accepted, understand and abide by the terms of this Policy;
• Access other accounts, data objects, and objects on the BTB Website or any other computer network or system without due authorization;
• Engage in unauthorized commercial use of the BTB Website or Services;
• Submit false or misleading personal information to BTB, or fail to update such information;
• Display your personal information in any public part of the BTB Website, including your first and last name, email address, instant messaging address, URLs, physical mailing addresses, and phone numbers of any kind;
• Exchange, post, or display of any financial information or transmit electronically or physically any money to other members;
• Make or accept a bet or wager involving any consideration, or participate in gambling or a game of chance of any sort;
• Delete or create user accounts by automated or manual means under fraudulent or false pretenses;
• Generate and distribute unsolicited electronic communications such as spam;
• Promote or sell any products or services;
• Submit or upload any type of material that is unlawful, harmful, hateful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by BTB;
• Upload or contribute any Content to which you do not own all applicable rights or that infringes any intellectual property or proprietary rights of other parties;
• Upload or contribute any files that could cause mental or physical harm to those using the site in any way;
• Threaten, harass, or intentionally embarrass or cause harm or distress to another person;
• Engage in conduct that discriminates against any individual on the basis of any legally protected characteristic;
• Collect or distribute of information about any other members;
• Copy, adapt, modify, reverse engineer, or dismember any portion of the challenge media player, or other Services of the BTB Website.
• Use any mechanical device, bot, robot, spider, application, worm, Trojan horse, or any other device to extract data from or retrieve any part of the BTB Website;
• Change the layout or reformat any part of the BTB Website;
• Deploy any malicious code, virus, worm, or any other destructive program;
• Act in a manner that would promote criminal behavior;
• Commit any offense under federal, state, local, or international law, relating to the technologies or logical concepts found within the BTB Website;
• Exploit in any way minors under the age of 18;
• Violate the privacy of any person under the age of 13, including uploading relevant Content, or uploading personal information related to a child under the age of 13.
• Solicit children under the age of 13 in any manner;
• Upload fraudulent or misleading information;
• Act in a manner contrary to the purpose of the BTB Website or the purpose of this Policy.

Collection of Information

The BTB Website requires the following information, which you agree to provide:

• Email address
• User name
• Display name
• Personal Slogan/Motto
• Password
• Gender
• Age
• Country of residence
• State/Province
• City
• Zip Code

BTB will store and maintain this personal information. BTB will act in a reasonable manner to keep this personal information safe. BTB will not sell, trade, or otherwise disclose personal information to third parties unaffiliated with BTB without your permission. BTB will not disclose your personal information unless required by law, a subpoena, or other process of the law. If BTB's business is sold or otherwise transferred, personal information will be considered part of the transferable goodwill of the business.

If BTB changes the way that your personal information is collected, then BTB will notify you of the change either by email or through a posted notice on the BTB Website.

BTB understands the importance of protecting personal information and has taken reasonable measures to ensure that the proper security processes, procedures, and infrastructure have been established to thwart any external compromise or threat to the integrity of this data. However, BTB can not completely guarantee the security of any information you submit to us or receive from BTB.

Use of Information

BTB may use your personal information to provide you with a high quality of service by presenting content and information that is more relevant to you as a user. Your information may be included in aggregate data shared with third parties. This aggregate form does not identify you as an individual but allows the user to make collective assumptions about a larger group of individuals, and may result in an enhanced user experience.

Personal Security Measures Members Should Take

As a registered BTB member you are responsible for maintaining the confidentiality of your email address and other relevant account information such as your user name and password. The confidentiality of this information is essential to the preservation of a secure environment. If this information is compromised, you must immediately notify BTB . BTB does not recommend using automated features common on web browsing applications (Internet Explorer, FireFox, Safari, Chrome, AOL, and Netscape to name a few) that will automatically remember your username and password. On a computer accessible to other users, this feature could very easily result in a compromise in security.

As a registered member, you are solely accountable for your interaction with other users of the site, including registered members and unregistered visitors. You should avoid disclosing any personal information that may have negative implications on your personal privacy and security.

BTB does not in any way to inquire about or collect information on the race, ethnicity, religion, gender, sexual orientation, or (except to verify eligibility) age of any registered member or unregistered visitor, or any individual depicted in any user-provided Content.. BTB does not in any way represent or warrant the accuracy of any statement made by any member, unregistered visitor, or in any user-provided Content. BTB does not endorse or promote the conduct, behavior, comments, or actions of any registered member or unregistered visitor, or any individual depicted in any user-provided Content. However, BTB is not responsible for examining user-provided Content or for removing Content that someone might find offensive.

Other Sites and Advertising

Be cautious while surfing any part of the Internet, including the BTB Website. Links and other material posted to the BTB Website could unintentionally lead to sites containing information that some may find offensive. These links might also lead to sites that contain inaccurate, misleading, or false advertising, or information that infringes trademarks, copyrights, or other intellectual property rights, or violates laws, such as libel or defamation laws. BTB makes no representations concerning the content of third party sites accessible from the BTB Website.

User Submissions

You are solely responsible for all Content that you submit to the BTB Website. You acknowledge that you are forbidden to submit Content listed in the "Prohibited Items and Activities" section in this Policy. BTB reserves the right to remove any prohibited Content immediately without notice. Decisions regarding your submitted Content are based upon the sole discretion of BTB.

By posting Content of any kind to public areas of the BTB Website, , you hereby grant BTB a non-exclusive, irrevocable, sub licensable, perpetual, fully paid-up license to copy, reproduce, use, perform, display, adapt, modify, distribute, and create derivative works from such Content. Examples of derivative works may include but are not limited to various forms of advertising and contests. You represent that you have the legal right to post all Content that you post to Content to any area of the BTB Website and to grant BTB the license described above.

Copyright Dispute Policy

BTB honors and respects the intellectual property rights of others. BTB will make reasonable efforts to respond to claims of copyright infringement involving the BTB Website. All infringements need to be reported to the BTB LLC designated copyright agent named below.

If you are a copyright owner or authorized agent, please report any alleged copyright infringement taking place on the BTB Website by providing the following DMCA Notice of Alleged Infringement (the "Notice"). Upon receipt of a Notice as described below, BTB will take such action, in our sole discretion, as we deem appropriate, which may include removal of the challenged use from the BTB Website or termination of membership rights.

DMCA Notice of Alleged Infringement

Each Notice shall:

1. Identify the allegedly infringing copyrighted work, by title and with sufficient detail so that we can locate the infringing material on the BTB Website;
2. Include your full legal name, physical or electronic signature, mailing address, telephone number and email address; and
3. Include both of the following statements in the body of the Notice:
   
   - "I hereby state that I have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law."
   - "I hereby state, under penalty of perjury, that the information provided is accurate, and that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

Deliver this Notice, with all items completed, to BTB's Designated Copyright Agent at:

BTB, LLC
c/o Michael Gonzalez
Four SeaGate, Eighth Floor
Toledo, Ohio 43604

Termination of Services

BTB, in its sole discretion, reserves the right (a) to terminate any member account, with or without notice, for any or no reason; (b) to remove, suspend or disable any member's or visitor's access to all or any portion of the Services or the BTB Website; and (c) to remove any Content from the BTB Website or its servers at any time, with or without notice, for any or no reason.

Disclaimer of Warranties

BTB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, IN RELATION TO THE BTB WEBSITE OR THE SERVICES.

Furthermore, BTB disclaims any and all responsibility or liability for (a) the accuracy, content, completeness, legality, reliability, or availability or operability of the Services or any Content displayed on the BTB Website; (b) the conduct of any registered member or unregistered visitor of the BTB Website; (c) the deletion, failure to store, misdelivery, or untimely delivery of any Content; and (d) any harm resulting from downloading or accessing any information or material on the Internet through the Services or the BTB Website.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BTB LLC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, ACCURATE, RELIABLE OR WILL IN ANY WAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.

BTB MAKES NO REPRESENTATION OR WARRANTY THAT INFORMATION ON THE BTB WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE BTB WEBSITE FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.

Limitation of Liability; Indemnification

UNDER NO CIRCUMSTANCES WILL BTB BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS POLICY, THE SERVICES, THE USE OF THE BTB WEBSITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES; OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT BTB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR THE BTB WEBSITE, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

YOU AGREE TO HOLD HARMLESS AND INDEMNIFY BTB, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE, CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEYS' FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO YOUR BREACH OF THIS POLICY, OR YOUR USE OF THE SERVICES OR THE BTB WEBSITE.

Term and Termination

This Policy is effective as of the time you first access the BTB Website and shall continue in full force and effect until terminated as set forth herein. Subject to BTB's rights herein, you may terminate your membership at any time. Upon terminating your membership, you will have no right to access the BTB Website or use the Services. The terms of those sections of this Policy labeled "Use of Services", "Prohibited Items and Activities", "Collection of Information", "Use of Information", "Personal Security Measures Members Should Take", "Other Sites and Advertising", "User Submissions", "Disclaimer of Warranties", "Limitation of Liability; Indemnification" and "Miscellaneous" shall survive any termination or expiration of this Policy with respect to any use of the Services prior to such termination or expiration.

Miscellaneous

This Policy shall be governed by and construed in accordance with the laws of the State of Ohio, without reference to conflict of law principles. Any legal action or proceeding between BTB and you for any purpose concerning this Policy or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Franklin County, Ohio, USA. No waiver of any term, provision or condition of this Policy, whether by conduct or otherwise, in any one or more instances, shall constitute, a waiver of any other term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Policy constitutes the complete and exclusive statement of the agreement between the parties with respect to the Services and the BTB Website and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the BTB Website and the Services. The provisions of this Policy are severable, and if any provision hereof is determined to be invalid or unenforceable, it will be deemed amended the minimum amount necessary to permit its enforcement. "Including" means "including without limitation." No provision of this Policy is intended, nor will be interpreted, to provide or create any third party beneficiary rights, except that the indemnification provisions of this Policy are intended to benefit BTB and its members, managers, officers, employees, and agents. You may not assign any rights or duties under this Policy. BTB may assign its rights and duties under this Policy to any party at any time without notice to you.

Contacting BTB:

Our headquarters are located in Columbus, Ohio, USA, and we can be reached via email at: pete@bethebetterman.com

© 2008, Be the Better, LLC All Rights Reserved.

Last Updated on September 8, 2008