Legal Notices
Our Defamation, Copyright and Trademark Infringement Policy
Respecting Your Legal Rights
As a responsible website publisher, we support the protection of your reputation and the protection of your intellectual property rights. We do not edit, pre-vet or review any third party material displayed on this website. We operate a notice and take down procedure regarding such material. In furtherance of this policy, we have established the procedures below to report any items that you believe defame you or constitute copyright or trademark infringement.
Upon receipt of appropriate notification as set forth herein, where we deem it appropriate, we will take down or disable access to the material that is claimed to be infringing. Please be aware that providing false or misleading information in the notification of claim may result in civil and/or criminal liability.
Notice and Procedure for Making Claims of Defamation
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOU BELIEVE YOU HAVE BEEN DEFAMED BY CONTENT ON THIS WEBSITE. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
If you believe that any content on this website contains statements that are defamatory to you, please contact us.
If you believe that you have been defamed, your written notification must include the following:
- Your contact information including your name, postal address, telephone number, email address, and occupation if applicable;
- Identification of the content and the location of the content on this website (where possible, cut and paste in your written notification all content that you believe is defamatory) that you believe is defamatory to you and state why you believe it is defamatory;
- A statement as to why the defamatory content is untrue and the extent that it is damaging to you;
- A good faith statement, submitted under the penalty of perjury, that the information provided by you in the notification is accurate and true.
Notice and Procedure for Making Claims of Copyright Infringement
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
If you believe that your copyright has been infringed on this website, written notification must be submitted to the following address:
Beacon Crest of Draper
591 Pioneer Rd, Draper, UT 84020
To be effective, the notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- 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 the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice and Procedure for Making Claims of Trademark Infringement
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR TRADEMARK MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
If you believe that any content on this website has infringed your trademark, please contact us.
If you believe that your trademark has been infringed, your written notification must include the following:
- Identification of the trademark or trademarks claimed to have been infringed, including the trademark registration number if applicable;
- Identification of all the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the Trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the trademark that is allegedly infringed.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
CONDITIONS OF USING OUR WEBSITE
1. This website promotes the business referred to on it. In these conditions, the business will be referred to as ‘we’ and/or ’our’.
2. A wide range of intellectual property rights are used in and relating to this website, including:
a. the trademarks and logos;
b. the design, text, graphics and other content of the web pages on this website, together with all the web addresses associated with those web pages; and
c. all the software used in relation to this website.
3. We are the owner or the authorized licensee of these intellectual property rights. You agree not to copy any content (including images) on this website without our consent.
4. If you access or use any part of this website you agree to these conditions. If you do not want to agree to these conditions, do not access or use this website.
5. We may change these conditions at any time without giving you notice. Please check these conditions from time to time for any changes. By continuing to use the website you agree to all the changes we make to these conditions.
6. We collect and use information in line with our Privacy Policy. By using this website, you agree to the way in which we collect and use your information.
7. You cannot use this website:
- for any unlawful purpose;
- to send spam;
- to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
- to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
- to tamper with, update or change any part of the website;
- in a way that affects how it is run;
- in a way that imposes an unreasonable or disproportionably large burden on our or our suppliers’ communications and technical systems as determined by us; or
- using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.
8. If you provide any material to this website (for example, by providing ratings and reviews, comments, articles, or uploading any other content in any format (including video)) (each “User Content”), you agree to grant us permission, irrevocably and free of charge, to use User Content (including altering and adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may include providing the User Content to selected third party partners, service providers, social media and networking sites.
9. You own your User Content at all times, and you continue to have the right to use it in any way you choose.
10. By providing any User Content to the Website you confirm that your User Content:
- is your own original work or you are authorized to provide it to the Website and that you have the right to give us permission to use it for the purposes set out in these terms;
- will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offence or bring us or our business partners into disrepute;
- does not take away or affect any other person’s privacy rights, contract rights or any other rights;
- does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the Website;
- will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly;
- will not contain any form of mass-mailing or spam.
11. If you do not want to grant us the permissions set out above, please do not provide any material to the Website
12. We have no obligation to publish your User Content on the Website and we retain the right to remove any User Content at any time and for any reason.
13. We do not edit, pre-vet or review any User Content displayed on the Website. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.
14. This website is provided by Beacon Crest and the maker shall have the right to scan messages sent using the contact form on this website manually and automatically and to store such messages. Any personal data you include in such messages may be (a) used by Beacon Crest for purposes reasonably associated with provision of this website and services, (b) disclosed where disclosure is required by law, and (c) used where any of your actions have breached these Conditions of Use. Personal data may be used by Beacon Crest in an aggregated form as permitted by applicable law.
Disclaimers
15. You use the website at your own risk.
16. You should not rely on the website for advice.
17. As far as the relevant laws allow, we do not guarantee that:
- there will be no problems with how you use the website; or
- the computer or server you use to log on to the website is free of viruses or other harmful programs.
Limits to our liability
18. Under no circumstances will we, the owner or operator of this website, or any of their group companies, employees, officers or agents, or any other organization involved in creating, producing, maintaining or distributing the website be liable for any loss of:
- profits;
- business or business opportunities;
- savings you expect to make;
- goodwill;
- use of, or corruption to information; or
- information.
19. If we do not keep to these conditions, they will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:
- using or relying on the website;
- not being able to use the website;
- any mistake, fault, failure to do something, missing information, or virus on the website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
- theft, destruction of information or someone getting access to our records, programs or services without our permission;
- goods, products, services or information received through or advertised on any website which we link to from this website; or
- any information, data, message or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the website.
The whole agreement
20. These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.
The law
21. The laws of the state of New York (without reference to its conflict of laws principles) apply to your use of the website and these conditions. We control the website from within the United States. However, you can get access to the website from other places around the world. Although, these places may have different laws from the laws of the state of New York, by using the website you agree that the laws of the state of New York will apply to everything relating to you using the website and you agree to keep to these laws. We have the right to take you to court in the country and/ or state that you live in.
