Last Updated: May 10, 2019
BIC maintains its website(s) as a service to the Internet community. Access to and use of this website is subject to the terms and conditions set forth herein and all applicable laws. BIC may revise these terms and conditions from time to time by updating this posting.
The entire content (images and text) of this website is copyrighted and may not be distributed, downloaded, modified, edited, reused, reposted, reproduced, transmitted, performed, displayed or otherwise used except as provided herein by any mechanical or electronic means without the express written permission of BIC.
BIC will use reasonable efforts to include accurate and up-to-date information, but BIC makes no warranties or representations as to its accuracy. All users agree that all access and use of this website and the content thereof is at your own risk. Neither BIC nor any party involved in creating, producing or delivering this website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use this website, or any errors or omissions in the content thereof.
BIC makes no warranties or representations about any non-BIC website which you may access. BIC has no control over links made to BIC websites by third parties. When you access a non-BIC website, please understand that it is independent from BIC. BIC cannot monitor or review the content of all websites and assumes no responsibility or liability arising from the content of such off-site pages.
Please be advised that all trademarks, logos, designs, product names, whether or not appearing in large print or with trademark symbols, are trademarks of BIC, its affiliates, subsidiaries and related companies or its licensors or joint venture partners. The distribution, downloading, editing, modification, reuse, reproduction, reposting, transmission, performance, display or other uses of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander or libel, the law of privacy and publicity, and communications regulations and statutes. Further, please be advised that BIC actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
GENERAL TERMS AND CONDITIONS OF POSTING SUBMISSIONS TO BIC WEBSITES:
a. You are responsible for what you post. All video, photographs, comments, reviews and/or blog entries submitted to BIC for posting are the sole responsibility of their submitter and the submitter will take full responsibility, liability, and blame for any libel, litigation or claims that result from the submitter's video, photograph, comments, reviews and/or postings, submissions to BIC, and/or something spoken and/or written in or as a direct result of something spoken and/or written in a comment and/or posting of any kind.
b. BIC requests that you do not post anything that could be offensive to others. You may not post or submit to BIC for posting content that you do not have rights to and that is libelous, defamatory, obscene, harassing, abusive, discriminatory, that violates a third party's right to privacy, that violates any other applicable local, state, federal or international law, or is otherwise inappropriate. Furthermore, you may not post or submit to BIC for posting content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. BIC reserves the right to remove any and all postings and reject submissions that are found to be offensive and/or that do not comply with the terms and conditions of this website. BIC also reserves the right to terminate access to its walls, blog(s), and/or websites or take other protective steps as it deems necessary in its sole and absolute discretion.
c. Posting of writings, photographs / videos. You may only post or submit to BIC for posting writings, photographs and/or videos of content that you have created and have full rights to. BIC reserves the right to remove any and/or all writings, photographs and/or videos and reject submissions that do not comply with these terms and conditions.
d. Ownership and confidentiality of information. You may only post or submit to BIC for posting content in accordance with, and not in violation of, applicable trademark, trade name, trade dress, trade secret, service mark, copyright, patent, right of privacy, and other intellectual property laws. You further certify that the content you post or submit to BIC for posting will not infringe upon or violate the intellectual property rights of any other party. Anything you post to or submit to BIC for posting is provided by you on a NON-CONFIDENTIAL BASIS, and BIC has no obligation to keep such information confidential, refrain from using such information, or to compensate you for the receipt or use of such information. BIC is free to use the content for any purpose whatsoever. You hereby RELEASE BIC from any liability under any legal theory in connection with the use, modification, sale or disclosure of any content. Please remember that any content that you disclose on our website may appear publicly on the website, and may be viewed by other visitors to the website. You should exercise caution when deciding to disclose your personal information. Once posted, you cannot change or remove any public postings.
f. No posting of harmful content. You agree that you will not upload, post, e-mail or otherwise transmit information that contain harmful content, including, without limitation, viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, interrupt, damage, destroy, intercept, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise perform a malicious action.
g. You License to BIC. By using this website and posting any content or submitting any content to BIC for posting you: (i) grant to BIC a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all content (in any format or media) that you post on, upload or otherwise submit to or through, the website; and (ii) waive all moral rights in and to all content or information that you post on, upload or otherwise submit to or through, the website in favor of BIC. For greater certainty, this means that, among other things, BIC has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
Please note: Artwork submitted for your Personalized product shall be governed by the Terms and Conditions/Product Personalization Orders/Artwork Guidelines.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
You agree that you will not upload, post or otherwise transmit any communications or content of any type that infringe or violate any rights of any party. If you are a copyright owner or an agent thereof and believe any material available via this site infringes a copyright, you should notify BIC using the notice procedure for claimed infringement under the Digital Millennium Copyright Act (17 U.S.C. Section 512(c)(2) ("DCMA"). Upon BIC's receipt of a proper notice of claimed infringement under DCMA, BIC will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures of the DCMA. BIC's Designated Agent to whom you should address infringement notices under the DCMA is:
Service Provider: BIC USA Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: Copyright Agent
Full Address of Designated Agent to which Notification Should be Sent: 1 BIC Way, Suite #1, Shelton, CT 06484.
Telephone Number of Designated Agent: (203) 783-2000
Facsimile Number of Designated Agent: (203) 783-2108
E-Mail Address of Designated Agent: firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
a. Identification of the copyrighted work claimed to have been infringed;
b. Identification of the material that is claimed to be infringing with enough detail so that BIC may locate the material;
c. A statement by you 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 the law;
d. A statement by you declaring under penalty or perjury that: (1) the information in the notification is accurate; (2) that you are the owner of an exclusive right that is allegedly infringed or you are authorized to act on behalf of that owner;
e. Information reasonably sufficient to permit us to contact you, including your address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; and
f. Your physical or electronic signature.