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Last updated July 14, 2010
Behr Process Corporation (“Behr”) appreciates your interest in its BehrPaint Facebook Page, available at http://www.facebook.com/BehrPaint (the “BehrPaint Page”). Users of the BehrPaint Page are expected to comply with these terms and conditions (the “Terms”), in addition to Facebook’s Statement of Rights and Responsibilities (available at http://www.facebook.com/terms.php) and Facebook’s other terms, conditions, and policies. We may change these Terms from time to time by posting the revised Terms at this URL (http://www.behr.com/termsfb); you can determine when we last revised these Terms by referring to the “Last Updated” legend above. Note that Behr is unaffiliated with Facebook; has no control over Facebook’s terms, conditions, or policies; and is not responsible for Facebook’s acts or omissions.
Materials on the BehrPaint Page
The information and materials available on the BehrPaint Page, which may include photographs, audiovisual materials, software (e.g., applications in Page tabs), links, and comments (collectively, the “Page Materials”), do not necessarily reflect the opinions and views of Behr. Behr is not responsible or liable for, and does not represent or warrant the accuracy of, any Page Materials. Page Materials may not be reliable and you should not make any decision or take any action based solely or largely on Page Materials, particularly those whose reliability you cannot confirm independently.
Your Posts to the BehrPaint Page
We encourage you to interact with other fans on the BehrPaint Page and to post your own content. However, please keep in mind that the BehrPaint Page is a public forum and that any information or materials you post to the BehrPaint Page will be publicly available; therefore, you should exercise caution in deciding whether to disclose any personal, financial, or other sensitive information on the BehrPaint Page. If you choose to post to the BehrPaint Page, you grant Behr and its designees a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the information and materials you post (such license ends when you delete such information or materials or delete your Facebook account, unless such information or materials have been shared with others, and they have not deleted it). Also, if you choose to post to the BehrPaint Page, Behr expects that your posts will be courteous and on-topic, and that you will not post any of the following materials or links thereto: defamatory, fraudulent, misleading, abusive, hateful, threatening, or harassing materials; materials that are obscene or contain profanity; solicitations for commercial activities or other statements that do not generally relate to the designated topics of the BehrPaint Page; personally identifiable information, such as phone numbers or addresses; materials that may violate the law or any intellectual property, publicity, or privacy rights; files that contain viruses or other materials that may interfere with the operation of or harm any computer, network, or equipment; or materials that are unrelated to Behr (collectively, “Unsuitable Content”). None of your postings will be subject to any obligation, whether of confidentiality, attribution or otherwise, on Behr’s part, and we will not be liable for any use or disclosure of such postings.
Monitoring, Deleting, and Blocking
Behr reserves the right, but is not obligated, to monitor and, in its sole discretion, to delete any materials and postings (which may include Unsuitable Content) or to block (or request that Facebook block) users who have posted materials or acted in a manner, in each case, that Behr believes to be unsuitable for the BehrPaint Page. Behr also reserves the right to disclose any posting, the circumstances surrounding its transmission, and the identity of the poster, including without limitation in order to operate the BehrPaint Page properly, to protect Behr, its affiliated companies, and other BehrPaint Page users, and to comply with legal obligations or governmental requests.
Questions About Our Products
The BehrPaint Page may not be the most effective way to inform us that you need help with one of our products. If you’d like to tell us about a specific problem, please e-mail us at email@example.com with a description of your concerns, and we will try to respond when possible. Behr is not responsible or liable for any information it provides in response to, or for any failure or delay in responding to, any questions, comments, or other materials posted to the BehrPaint Page.
The materials posted on the BehrPaint Page by Behr are protected by copyright, trademark, and other intellectual property rights, which are owned and controlled by Behr, its affiliated or related entities, or its or their third party content licensors or suppliers. Nothing contained on the BehrPaint Page grants or should be construed as granting any license or right to make commercial use of any Behr or third-party copyrighted materials, trademarks, or intellectual property rights without Behr’s prior written permission.
Disclaimer of Warranties
We make no guarantees or warranties of any kind, express or implied, regarding the BehrPaint Page or any Page Materials. Your access to and use of the BehrPaint Page and the Page Materials is at your own risk. All Page Materials are provided “AS IS” and we are not responsible for their use or misuse. Access to the BehrPaint Page from locations where the BehrPaint Page or the Page Materials may be illegal is prohibited, and you are responsible for compliance with applicable local laws.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE BEHRPAINT PAGE OR PAGE MATERIALS FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE BEHRPAINT PAGE OR ANY PAGE MATERIALS, (IV) WARRANTIES RELATING TO THE OPERATION OF THE BEHRPAINT PAGE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS), (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY, AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. BEHR AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS (COLLECTIVELY WITH BEHR, THE “BEHR ENTITIES”) DO NOT WARRANT THAT YOUR USE OF THE BEHRPAINT PAGE OR PAGE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BEHRPAINT PAGE OR THE SERVER(S) ON WHICH THE BEHRPAINT PAGE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE BEHRPAINT PAGE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE BEHRPAINT PAGE AND THE PAGE MATERIALS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF BEHR OR ANY OTHER BEHR ENTITY, OR OF ANY FAN, USER, OR VISITOR OF OR TO THE BEHRPAINT PAGE, WHETHER MADE ON THE BEHRPAINT PAGE OR USING ANY PAGE MATERIALS (SUCH AS SOFTWARE AVAILABLE THROUGH THE BEHRPAINT PAGE), SHALL CREATE ANY WARRANTY.
Limitation of Liability
NEITHER BEHR NOR ANY OTHER BEHR ENTITY, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE BEHRPAINT PAGE, ANY PAGE MATERIALS, OR ANY SITE OR SERVICE LINKED FROM THE BEHRPAINT PAGE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY OF THE FOREGOING IS TO STOP USING THE APPLICABLE PAGE, CONTENT, OR SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF BEHR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO BEHR TO ACCESS THE BEHRPAINT PAGE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials found on the BehrPaint Page infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked (or requesting that Facebook remove or disable access to it). The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the BehrPaint Page are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Behr to locate the material on the BehrPaint Page; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party 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 (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Behr against you, the DMCA permits you to send Behr a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Page should be sent to Jim Crogan, 3400 W. Segerstrom Ave, 714-545-7101, Jcrogan@behr.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.