Legal Notices

 

1. Copyright

The copyright and content on all matters involving BUYING INTERNATIONAL REAL ESTATE (hereinafter identified as “BIRE”) and all Platforms on which its name and products are sold or distributed are owned by BIRE, it’s partners, licensees, subsidiaries, affiliates, educators, and it’s designated associate entities and their Platforms (hereinafter identified together as “BIRE PLATFORMS”) with BIRE acting as owner or a limited license holder to publish all products on those Platforms. The User Content is subject to the various Terms and Conditions and other policies (hereinafter identified together as “Terms”) as provided on the BIRE Platforms. Please insure that you use the User Content only within the parameters as provided in the Terms. You are prohibited from using the User Content for anyone reason outside of the BIRE Platforms without the prior written permission of the content creator and BIRE.

 

BIRE Content on the BIRE Platforms including but not limited to, images, graphics, process, images, software, graphics, are owned by or licensed to BIRE and subject to Copyright and you are prohibited from using the same as your own, without the prior written permission of BIRE.

 

2. Trademark

The trademarks, service marks, logos displayed on the BIRE Platforms are owned by BIRE (hereinafter identified as “BIRE Marks”). If you haven’t received written permission from BIRE you are not authorized to use the BIRE Marks as your own or in any manner that implies sponsorship or endorsement or any relation to BIRE. A product or service branded with the BIRE name or logo is a reflection of BIRE and we do not allow such use at anytime by anyone without our express written consent.

3. Other legal notices

In the event of any other questions arising from the use of the TTMA Platforms, please contact our legal department at BIREPOLIN@GMAIL.COM.  

 

4. Privacy policy

 

A. General

In this policy, the words "we", "our", and "us" refer to BIRE and it’s various Platforms and the privacy mechanism outlined identify personally identifiable or personal information that may be collected, how such information is used, and the choices you have regarding our use of this information.

 

In addition to the terms stated in Terms of Service provided under this Website/mobile application (together “BIRE Platform”), we are committed to protecting your privacy AND ONLY Authorized representatives of BIRE on a need to know basis may use any information received from you. We will investigate any complaint or such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible for any violations. Any User who does not agree with any provisions of this Privacy Policy and the Terms of Service is required to notify BIRE and leave the Platform immediately. Should you disagree with this Policy (defined below) and still continue to access the Platform and provide your personal information, BIRE disclaims all the liabilities arising there from and it shall be assumed by your continued use of the Platform that you have accepted the Policy and any other online terms and conditions available on the Platform or BIRE notices sent to you or the general public.

 

B. Applicability

This privacy policy (“Policy”) applies to all Users who access the Platform and are therefore required to read and understand the Policy before submitting any Personal Information (defined hereinafter). If you have inadvertently submitted any Personal Information to BIRE prior to reading the Policy statements set out herein, and you do not agree with the manner in which the Personal Information is collected, stored or used, then you may access, modify, and delete all information stored about You by writing to us at mrpolin@cox.net. BIRE practice is to keep personal data of the User and every User is also entitled to require BIRE to delete and destroy all such information if so requested (but not that of other Users).

 

This Policy applies to the Platform and any other services that are owned and operated by BIRE. Third party websites may place their own cookies or other files on the Users' computer, collect data or solicit personal information from the Users, for which BIRE is not responsible or liable. Accordingly, BIRE does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does BIRE guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by BIRE of the website, the website's provider, or the information on the website. BIRE encourages the User to read the privacy policies of that such website. BIRE has taken all reasonable precautions to treat Personal Information as confidential with industry standards that it has implemented to protect from unauthorized access, improper use or disclosure, modification and unlawful destruction or accidental loss of the Personal Information.

 

C. Access

Users are allowed to access the BIRE Platform (not third party platforms), review all free videos and other free content with BIRE as a guest and without creating an account on the Platform or providing any Personal Information. BIRE takes no responsibility or validate the information provided by the guest, except as otherwise required under any law, regulation or an order of competent authority. In order to have access to all the features and benefits on the BIRE Platform, outside of the free content, a User is required to first create an account on our Platform. To create an account, a User is required to provide Personal Information as may be required during the time of registration. Other information requested on the registration page, including the ability to receive promotional offers from BIRE, is optional. BIRE may include other optional requests for information from the User to help BIRE to customize the Platform to deliver personalized information to the User. Without User's agreement, BIRE will not share, rent or sell any Personal Information with third parties in any way other than what is disclosed in this Policy. BIRE may keep records of telephone calls received and made for making enquiries, registered courses, feedback or other purposes for the purpose of rendering services effectively and efficiently.

 

D. Personal Information

“Personal Information” shall mean the information which identifies the User, name, identification number, email address, age, phone number, password or any financial account information provided to BIRE at the time of registration or any time thereafter.

E. Automatic Information Collection

Our system collects information that is sent over the internet without your control. Some examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the internet; login; email; password; computer and connection information such as browser type and version, operating system, and platform; course enrolled history, which we sometimes aggregate with similar information from other users to create features, reports such as popular courses, most used features etc; the full Uniform Resource Locator (URL) click stream to, and from our Platform, including date and time; cookie number; courses or videos you viewed or searched for; the email id you used to call our customer service.

During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain page, course and videos, page interaction information (such as scrolling, clicks and mouse overs), and methods used to browse away from the page.

 

F. Information Security

To protect the security of your Personal information during transmission, our platforms use Secure Sockets Layer (SSL) software, which encrypts information you input. To prevent unauthorized access to sensitive information, it is important for you to monitor those who have access to your password and to your computer, laptop or any other device through which your account can be accessed. Be sure to sign off when finished while using a shared computer.

 

G. Use of your personal information

While availing our services you will provide access to BIRE with your Personal Information. If that information is wrong, you can request us to modify or delete the same. BIRE will take all reasonable measures to ensure that the Personal Information is modified and used for rendering services to you and as otherwise in compliance with laws. When editing or deleting Personal Information, we may ask you to verify your identity before we can act on your request. BIRE may at its discretion reject any request that is contrary to law or requires un-reasonable technical efforts. We do not assure that we will delete all residual copies and archives made by any third party without our knowledge and consent. BIRE shall use your Personal Information to communicate with you. The said communication can either be by calls, text or emails. If at any time you wish to not receive any communication from our end you can opt-out of the same by writing to us at mrpolin@cox.com.

 

H. Exceptions

Your Personal Information may be shared with third parties who have a need or authority to receive such information, if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to comply with (i) in response to any authority having to receive such information under law (ii) any order of court (iii) detect, prevent, or otherwise address fraud, security or technical issues (iv) protect against harm to the rights, property or safety of TTMA, our users, or the public as required or permitted by law.

 

      I.    User choices with regard to access of information

BIRE does not make any unsolicited calls or otherwise market any products or services, except for in relation to the purpose for which such information has been provided or taking any feedback, addressing any complaints, informing you about new features or free/paid courses or for any matter identified on the BIRE Platforms.  BIRE will communicate with the Users through call, SMS, email or notices posted on the Platform or through any other means available, which shall include but not be limited to text, other forms of messaging, calls etc. The Users can change their e-mail and contact preferences at any time by logging into their account or by emailing at BIREPOLIN@GMAIL.COM.

 

BIRE may send direct mailers to you or your database clients as you have provided to BIRE and at the address given by you. You have the option to 'opt-out' of this direct mailer by way of links provided at the bottom of each mailer. BIRE respects your privacy and to the extent that you choose not to receive such mailers, we will take all steps to remove you from the list. All the information provided to BIRE by you as a User confirms that the Personal Information provided is true, accurate, and voluntary. User has the right to withdraw information at any time, in accordance with the terms of this Policy and the Terms of Service.

 

J. Report, Analysis, & Confidentiality

BIRE may have to use Personal Information without reference to any person or identity for research, statistical analysis and business intelligence purpose and may transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates.

 

All BIRE employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every User's sensitive personal data and information.

 

K. Sharing of Information

BIRE may also disclose or transfer User's personal and other information which a User provides, to another third party as part of reorganization or a sale of the assets of BIRE or any division of the company. Any third party to which BIRE transfers or sells it assets will have the right to continue to use the personal and other information that a User provide to BIRE in accordance with the terms herein.

 

To the extent necessary to provide Users with the services on the BIRE Platform, BIRE may provide User’s Personal Information to third party contractors who work on behalf of or with BIRE to provide Users with such services, to help BIRE communicate with Users or to maintain the Platform. Generally, these contractors do not have any independent right to share this information, however certain contractors who provide services on the Platform, including the providers of online communications services, online payment gateway services, will have rights to use and disclose the Personal Information collected in connection with the provision of these services in accordance with their own privacy policies.

 

L. Interest-Based Ads

On unaffiliated sites, BIRE may display interest-based advertising using information you make available to us when you interact with our Platform, content, or services. Interest-based ads, also sometimes referred to as personalized or targeted ads, are displayed to you based on information from activities such as subscription on our Platform and  visiting sites that contain BIRE content or ads. In providing interest-based ads, we follow applicable laws regulating such ads but if you find that any such law is not being followed we ask that you notify us immediately so the matter can be investigated.

 

Like other online ad networks, we use cookies, web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, “cookies”). Cookies enable us to learn about what ads you see, what ads you click, and other actions you take on our sites and other BIRE Platform sites. This allows us to provide you with more useful and relevant ads. For example, if we know what ads you are shown we can be careful not to show you the same ones repeatedly.

 

We do not provide any personal information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards.  Also, some third-parties may provide us information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that we may use to provide you more relevant and useful advertising.

 

Advertisers or ad companies working on their behalf sometimes use technology to serve the ads that appear on our sites directly to your browser. They automatically receive your IP address when this happens. They may also use cookies to measure the effectiveness of their ads and to personalize ad content. We do not have access to or control over cookies or other features that advertisers and third party sites may use, and the information practices of these advertisers and third party websites are not covered by our Policy. Please contact them directly for more information about their privacy practices.

M. Revision of terms & Grievance reporting

BIRE may update or amend these Policies at any time, with or without advance notice. In the event there are significant changes in the way BIRE treats User's personally identifiable information, BIRE will display a notice on the Platform or send Users an email.

 

Notwithstanding the above, BIRE shall not be required to notify the Users of any changes made to the privacy policy. Should you have any concern or reject the changes in the privacy policy you can refuse to accept the amendments and opt for withdrawing your Personal Information by writing to us at BIREPOLIN@GMAIL.COM.

 

 

Refund Policy

 

For all course purchases, products, or consultation payments made, once payment is made and accepted by BIRE or the products are downloaded to Users IP or email address, or otherwise made available for their personal use, there will be no refunds, changes, or modifications to those purchases.

 

For all subscription purchases please read the course purchase subscription terms and conditions carefully before subscribing to any of the subscription plans, as once you have subscribed you cannot change, cancel your subscription plan. Once you subscribe and make the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund.

 

 

Terms and Conditions

These terms and conditions (“Terms and Conditions”), are between BIRE and you, (hereinafter referred to as “You” or “Your” or

 

User(s)”). By accessing our website OR BIRE PLATFORM WEBSITES (“Website”) and/or our apps, Website and Apps together

 

shall be referred to as “BIRE Platform” and you agree to be bound by the provisions of these Terms and Conditions.

 

Please read these Terms and Conditions, along with the Privacy Policy and all other rules and policies made available or published on BIRE Platforms as they shall govern your use of the BIRE Platform. By using or visiting the BIRE Platform or any BIRE software, data feeds, and service provided to you on, from, or through the BIRE Platform, you signify your agreement to (1) these “Terms and Conditions”, (2) BIRE Privacy Policy and any other terms that are updated from time to time. If you do not agree to any of these terms, please do not use the BIRE Platform.

 

A. About BIRE

 

The domain name, website, ALL INTELLECTUAL PROPERTIES, and the Apps are owned, registered, and operated by, BIRE, The Teach Me Academy L.L.C., and or the International Law Firm of Michael R. Polin with all rights hereby reserved.

B. BIRE Platform

• 1. These Terms and Conditions apply to all Users of the BIRE website or any such platform, including educators, licensees, and all contributors of User Content on the BIRE Platform. The BIRE Platform includes all aspects of the Website and Apps which includes but is not limited to products, software and service offered via the BIRE Platform and any other service or application that BIRE introduces from time to time.        
  2. BIRE Platform is an online platform that supports and facilitates the online creation of educational videos, trainings, and tutorials. A User may not create their own videos, audio clips or tutorials, by using the BIRE Platform WITHOUT BIRE WRITTEN CONSENT as this is a violation of copyright and intellectual property laws.        
  3. The BIRE Platform may include or contain links to any third-party websites that may or may not be owned or controlled by BIRE. BIRE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.        
  4. In addition, BIRE will not and cannot censor or edit the content of any third-party site. By using the BIRE Platform, you expressly relieve BIRE from any and all liability arising from your use of any third-party website or services. However, we recommend that before you use any third-party services or website you read and understand the terms and conditions and privacy policy of each such website that you visit.        
  5. Subject to these Terms and Conditions, Privacy Policy and all other rules and policies made available or published elsewhere, BIRE hereby grants the you a non-exclusive, non-transferable, non-sub-licensable, limited license to use and purchase the content on the BIRE Platform in accordance with these Terms and Conditions.
  6. You agree and acknowledge that BIRE shall have the right at any time to change or discontinue any aspect or feature of the BIRE Platform, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, BIRE  may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. BIRE reserves the right to refuse access to the BIRE Platform, terminate Accounts, remove or edit contents without any notice to you. 
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C. BIRE Accounts

In order to access some of the features of the BIRE Platform, you may have to create your account with BIRE. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone.

 

You must notify BIRE immediately of any breach of security or unauthorized use of your account. At no point in time will BIRE be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to BIRE or others due to such unauthorized use, if any.

 

D. Access, Permissions, and Restrictions

BIRE hereby grants you permission to access and use the BIRE Platform as set forth in these Terms and Conditions, provided that:

 

1.       You agree not to distribute in any medium any part of the BIRE Platform or the content without BIRE’s prior written authorization.

2.       You agree not to alter or modify any part of the BIRE Platform.

3.       You agree not to access content of any other User through any technology or means other than the video playback pages of the BIRE Platform itself.

4.       You agree not to use the BIRE Platform for any of the following commercial uses unless you obtain BIRE’s prior written approval:

·        The sale of access to the BIRE Platform;

·        The sale of advertising, sponsorships, or promotions placed on or within the BIRE Platform or content; or

·        The sale of advertising, sponsorships, or promotions on any page or third party website which includes the BIRE NAME OR BRAND IN ANY MANNER WHATSOEVER.                          

5.       You agree to receive installs and updates from time to time from BIRE. These updates are designed to improve, enhance and further develop the BIRE Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit BIRE to deliver these to you) as part of your use of the BIRE Platform.

6.       You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the BIRE Platform in a manner that sends more request messages to BIRE’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, BIRE grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BIRE reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the BIRE Platform, nor to use the communication systems provided by the BIRE Platform (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the BIRE Platform with respect to User Content.

7.       You may post reviews, comments and other content, send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give BIRE limited, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its BIRE Platform and in any of its marketing or promotional activities.

8.       In your use of the BIRE Platform, you will at all times comply with all applicable laws and regulations.

9.       BIREreserves the right to discontinue any aspect of the TTMA Platform at any time with or without notice at its sole discretion.

 

E. Content Use

In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the BIRE Content.

1.       BIRE Content utilized on the BIRE Platform shall include, but not be limited to, trademarks, service marks and logos (“Marks”), process, images, software, graphics ARE ALL owned by or licensed to BIRE and subject to copyright and other intellectual property rights under the law and User is subject to those laws and rights.

2.       User Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality on the BIRE Platform and as permitted under these Terms and Conditions. You shall not download any User Content unless you see a “download” or similar link displayed by the BIRE Platform for that User Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of BIRE or the respective licensors of the User Content. BIRE and its licensors reserve all rights not expressly granted in and to the BIRE Platform and the User Content.

3.       You agree not to circumvent, disable or otherwise interfere with security-related features of the BIRE Platform or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the BIRE Platform or the User Content therein.

4.       You understand that when using the BIRE Platform, you may be exposed to THIRD PARTY Content from variety of sources  and that BIRE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BIRE with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless BIRE, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the BIRE Platform.

F. Content and Conduct of Third Party Content Providers

1.       As an BIRE Content Provider or user you understand that BIRE does not guarantee any confidentiality with respect to any Content you submit.

2.        

3.       You shall be solely responsible for your own Content and the consequences of submitting and publishing such Content on the BIRE  Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the  YOUR User Content that you submit; and you grant limited license to BIRE to all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the BIRE Platform pursuant to these Terms and Conditions for the duration the said Content is available on BIRE Platform.

4.        

5.       For clarity, you retain your ownership rights in your Content. However, by submitting YOUR Content to BIRE, you hereby grant BIRE a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, display, publish, make available online or electronically transmit YOUR Content in connection with the BIRE Platform and BIRE’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the BIRE Platform in any media formats and through any media channels. You also hereby grant each User of the BIRE Platform a limited, non-exclusive license to access your Content through the BIRFE Platform. The above licenses granted by you in YOUR Content are further controlled by the separate agreement BIRE has signed with you concerning rights of termination and content deletion.

6.        

7.       You further agree that Content you submit on the BIRE Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant BIRE all of the license rights granted herein.

8.       Furthermore, you confirm that the User Content uploaded by you is not:

A.      False, inaccurate or misleading;

B.      Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

C.      Violate any law, statue, ordinance or regulation;

D.      Use defamatory, unlawfully threatening or unlawfully harassing obscene or pornographic materials of any nature;

E.      Contain any viruses, trojan horses, worms, cancel bots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

 

9.       You understand and confirm that you shall not during your use of the BIRE Platforms at any time post or publish any content, comments or act in any way which will amount to harassment of any other User or Provider, whether a learner or an educator. If at any given point it comes to the notice and opinion of BIRE that you are engaged in any kind of harassment of other Users, then in such a case BIRE shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and reserves the right in its sole discretion to initiate any legal proceedings against you in such cases.

 

10.    BIRE does not endorse any THIRD PARTY Content submitted on the BIRE Platform by any provider or other licensor, or any opinion, recommendation, or advice expressed therein, and BIRE expressly disclaims any and all liability in connection with such Content.  BIRE does not permit copyright infringing activities and infringement of intellectual property rights on the BIRE Platform, and BIRE will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. BIRE reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.

    

G. BIRE Subscription

Please refer to BIRE Subscription terms and conditions to know more about the terms that shall govern your subscription. BIRE Subscription is exclusive for the Users who have subscribed. You shall not give any unauthorized access or distribute or reproduce the Content (as defined in the Subscription terms and conditions) to a third party.

 

In the event that BIRE becomes aware of any Users giving unauthorized access to any third party or distributing or reproducing any  Content to or any third-party channel or media, BIRE reserves the right to suspend or terminate the said User’s account with immediate effect AND WITHOUT REFUNDS OF ANY NATURE.

 

 

H. BIRE Intellectual Property Rights and Interests

The BIRE Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the BIRE Platform is owned and controlled by BIRE and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include THIRD PARTY Content.

 

Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, MICHAEL POLIN OWNS ALL INTELLECTUAL PROPERTY RIGHTS TO BIRE, AND THE TEACH ME ACADEMY LLC INCLUDING trademarks and copyrights and all content related to these marks on the BIRE AND TTMA Platforms.

 

These marks are the sole property of MICHAEL POLIN   and any reproduction in whole or in part of the same is strictly prohibited unless consented to in writing by MICHAEL POLIN OR HIS AUTHORIZED AGENT.

 

 

I. Electronic Communication

When you visit BIRE Platform or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on BIRE Platform. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.

 

 

J. Termination of Account

 

BIRE will terminate a User's access to the BIRE Platform, if

 

1.       1. User is a repeat copyright infringer;

2.       2.User breaches any terms of these Terms and Conditions;

3.       3.Violation of any applicable laws;

4.       4.Your use of the BIRE Platform disrupts our business operations or affects any other party; or

5.       5.You have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against BIRE.

 

 

BIRE reserves the right to decide whether ANY Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that BIRE deems unfit or inappropriate and if so deemed BIRE may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's account for submitting such material in violation of these Terms and Conditions.

 

We may suspend access to the BIRE Platforms or require You to change Your password if we reasonably believe that the BIRE Platforms have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the BIRE Platforms will not affect liability previously incurred by You.

K. Effective Termination

In case any of the above-mentioned cases occur, BIRE reserves the right, in its sole discretion, to terminate or suspend the Provider or User’s account with immediate effect.

 

Upon suspension or termination of the Provider or User’s account:

 

1.       1.BIRE shall at its sole discretion withhold or stop any and all payments that are to be made to such Provider or User and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.

2.       2. Payments shall not be made for the work that is the subject matter of any of the breaches.

3.       3. Provider or User access shall be terminated immediately and they shall not be able to access the said terminated account.

 

 

L. Copyright Infringement

BIRE  operates a clear copyright policy in relation to any Provider Content alleged to infringe the copyright of a third party.

 

As part of BIRE's copyright policy, BIRE will terminate Provider access to the BIRE Platform if a Provider has been determined to be a repeat infringer. A repeat infringer is a person who has been notified of infringing activity more than twice.

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the directions below and notify  BIRE as soon as possible to stop the infringement.

 

a.       Send to counsel for BIRE a Notice of  alleged Copyright Infringement to Michael.polin@gmail.com. Please include with your letter the following:

b.       Complete description of the words and or pictures or content allegedly infringed;

c.       Screen shots of the copyright alleged as infringed;

d.       Notification as to whom BIRE should be communicating with and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

e.       A description of where the material that you claim is infringing is located on the BIRE Platform, including the educator name, topic and any other detail identifying the infringing content;

f.        Your email address, your physical address and telephone number;

g.       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; and

h.       A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Please submit your notice to our Legal Counsel as follows:

Michael Polin

International Law Firm of Michael R Polin

5755 Oberlin Drive

Suite 301

San Diego, California 92121

4.       BIRE policy to deal with Copyright infringements is as follows: We follow a 2-strike policy. If two separate instances are brought to our notice that are provided with all required supporting information and BIRE agrees that an infringement looks like it occurred then this  will lead to the educator getting banned from the BIRE Platform. His/her right to any and all compensation or monetary benefit that he/she might be eligible for shall be revoked. There are other legal remedies that may be invoked by BIRE and/or you if you so desire.

 

M. Confidentiality

You will not disclose to any third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the BIRE Platform without the written consent of BIRE.

 

For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to BIRE  or BIRE Platforms which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of BIRE and any breach of the same shall cause irreparable damage to BIRE  and be grounds for immediate termination of your access to the BIRE Platform and content.

 

N. Disclaimer

YOU AGREE THAT YOUR USE OF THE BIRE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE BIRE PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, BIRE EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON BIRE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BIRE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BIRE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH BIRE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BIRE PLATFORM. BIRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR BIRE PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BIRE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BIRE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

O. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIRE, TTMA THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT BIRE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR BIRE PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BIRE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR BIRE PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BIRE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIRE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, BIRE  LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE BIRE  PLATFORMS.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT BIRE SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

THE BIRE PLATFORM IS CONTROLLED AND OFFERED BY ITS FACILITIES IN THE UNITED STATES AND MAKES NO REPRESENTATIONS THAT THE BIRE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE BIRE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

P. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless BIRE,TTMA, their parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the BIRE Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defense and indemnification obligation will survive these Terms and Conditions and your use of the BIRE Platform.

 

Q. Eligibility to use and Acceptance of the Terms and Conditions

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the BIRE Platform.

 

 

 

We provide these Terms and Conditions with our BIRE Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the TTMA Platform is subject to the most current version of the Terms and Conditions made available on the TTMA Platform at the time of such use.

 

R. Force Majeure

BIRE shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.

S. Information Technology Act

There are various laws in different States and Countries concerning content on the internet and through websites.

 

You are advised not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.

 

T. Governing Law and Jurisdiction

The Terms and Conditions are governed by and constructed in accordance with the Laws of the United States, and specifically the city of San Diego State of California.

 

U. General

If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the BIRE Platform shall be in writing and sent to the registered office of BIRE. We do not guarantee continuous, uninterrupted or secure access to the BIRE Platform, and operation of the BIRE Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. BIRE failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.