Effective as of December 1, 2022
Thank you for using BC Media!

These Terms of Use apply to visitors to the website, brilliantcitizen.com (“Site”), and Customers of BC Media websites, monetization widgets, and advertising platforms (collectively, the “Service”). As part of the Service, BC Media generates impressions and drives traffic to its advertiser customers, landing page URLs by distributing advertiser content and other forms of content across digital websites owned by either BC Media or the partners with which BC Media or its affiliates have a relationship. The Site and Service is offered by BC Media, its subsidiaries and affiliated companies (collectively, the “Company,” or “we,” “us,” or “our”).

THESE TERMS OF USE (“TERMS”) CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SITE AND SERVICE IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE AND SERVICE IF YOU VIOLATE THESE TERMS. BY CLICKING ON LINKS WITHIN THE SITE OR WEBPAGES BEYOND THE SITE’S HOMEPAGE, REGISTERING AS A CUSTOMER, OR BY CLICKING ON A BOX OR ICON YOU AGREE TO THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE SITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE OR SERVICE OR ANY INFORMATION CONTAINED ON THE SITE OR SERVICE. If you proceed on behalf of a company, organization, or other entity, then (a) “you”, as used in these Terms, includes you and that entity, and (b) you agree to these Terms on behalf of yourself and the company, organization or other entity, and represent and warrant that you are authorized to grant all permissions and licenses granted in these Terms on behalf of the company, organization or other entity and to bind the company, organization or other entity to these Terms.

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Site or Service will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. For more details, see below.

We may make changes to the content available on the Site or Service at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site. We will make commercially reasonable efforts to notify you of any material changes to these Terms however we are not obligated to. You waive any right you may have to receive specific notice of such changes to these Terms with the exception that we will not amend the arbitration provision without giving you notice and an opportunity to opt out of such provision. By using the Site or Service after we have updated the Terms, you are agreeing to the then-current Terms. You are responsible for regularly reviewing these Terms.

In addition to these Terms, your use of the Service may be governed by additional agreements.

Besides these Terms, we also publish a Privacy Policy. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information.

  1. Accessing the Site and Service

    We reserve the right to withdraw or amend this Site, the Service, and any Materials (defined below) we provide on the Site or through the Service, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Site or Service is unavailable at any time or for any period. From time to time, in our sole discretion and without notice, we may restrict access to some parts of the Site or Service, or the entire Site or Service, to users.

    You are responsible for both:

    • Making all arrangements necessary for you to have access to the Site and Service.
    • Ensuring that all persons who access the Site and Service through your internet connection are aware of these Terms and comply with them.

    To access the Service or certain of the resources the Site offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and Service that all the information you provide on the Site and Service is correct, current, and complete, and that you have the authority to provide such information to us.

    If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or Service or portions thereof using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you sign out of or exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

    We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.

  2. Proprietary Rights and Your Use of the Site and Service

    Unless otherwise specified in these Terms, all information and screens appearing on the Site and all content provided through the Service are the sole property of the Company or our subsidiaries and affiliates, and other parties. We provide content through the Site and Service that is copyrighted or contains protectable trademarks of the Company, our third-party licensors and suppliers, and our Customers (collectively, the “Materials”). Materials may include documents, services, software, site design, text, graphics, logos, video, images, icons, and other content, as well as the arrangement thereof.

    Subject to these Terms, we hereby grant to you a revocable, limited, personal, non-exclusive, and non- transferable license to use, view, print, display, and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use the Site solely for your personal use.

    If you are a registered Customer, we hereby grant to you a revocable, limited, personal, non-exclusive, non-sublicensable, and non-transferable license to use, view, print, display, and download the Materials solely for commercial marketing and advertising purposes. All Material provided on the Site or through the Service may not be reproduced, copied, distributed or transmitted in any form without complying with the terms of the Insertion Order or other written agreement governing your relationship with the Company.

    Except for the foregoing licenses and as otherwise required or limited by applicable law, you have no other rights in the Site, Service, or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site or Materials in any manner or for any purpose that would constitute infringement of our, our licensors,, or the Site,s or Service,s other users, intellectual property rights. All rights not expressly granted herein are reserved.

    If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

  3. Your Communications to the Site and Service

    By forwarding any feedback or communications to us through the Site, Service, or by other electronic means, you thereby grant us a perpetual, royalty-free, fully paid-up, world-wide, irrevocable, non- exclusive, freely transferable, and freely sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such feedback and communications in any form for the purposes of providing the Service and any purpose tangentially related to the Service. No compensation will be paid to you with respect to our or our sublicensees, use of your communications. By providing or submitting feedback, you represent and warrant that you own or otherwise control all of the rights to your submitted feedback and communications as described in this section, including all the rights necessary for you to submit the feedback and communications and grant the license above.

  4. Electronic Communications

    By using the Site and/or the Service and/or sending emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receiving electronic communications, such as emails, texts, mobile push notices, or electronic notices or messages from us on the Site or through the Service, and you can retain copies of these communications for your records. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site, Service, and/or Materials. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  5. Permitted Uses

    By accessing or using the Site and/or Service, you agree that:

    • Your use of the Site and Service is subject to and governed by these Terms;
    • You will only access or use the Site and Service and transact business with us if you are at least eighteen (18) years old;
    • You will use the Site and Service solely for the services offered in the normal course of business;
    • You will always act in accordance with the law and custom, and in good faith;
    • You will comply with and be bound by these Terms as they appear on the Site each time you access and use the Site and/or Service;
    • Each use of the Site and/or Service by you indicates and confirms your agreement to be bound by these Terms; and
    • These Terms are a legally binding agreement between you and us that will be enforceable against you.

    You further agree to not use the Site and/or Service in any way that:

    • Changes or alters the Site or content or Service;
    • Impairs in any way the integrity or operation of the Site or Service;
    • Interferes with or induces a breach of the contractual relationships between us and our employees;
    • Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
    • Transmits any schemes, spam, flooding, or other unsolicited email and commercial communications;
    • Transmits any harmful or disabling computer codes or viruses;
    • Harvests email addresses from the Site or Service;
    • Transmits unsolicited email to the Site, Service, or to anyone whose email address includes the domain name of the Site;
    • Interferes with our network services;
    • Attempts to gain unauthorized access to our network services;
    • Suggests an express or implied affiliation or relationship with us without our express written permission;
    • Impairs or limits our ability to operate the Site or Service or any other person,s ability to access and use the Site or Service;
    • Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
    • Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
    • Dilutes or depreciates our or any of our affiliates, name and reputation;
    • Transmits or uploads content or images that infringe upon any third party,s intellectual property rights or right to privacy; or
    • Unlawfully transmits or uploads any confidential, proprietary or trade secret information.

    This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to use the Site and Service (or the Materials) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Site, Service, or to any other user of the Site, Service, and/or Materials. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site, Service, or on the Internet.

    Further, by visiting the Site or viewing content via the Service, you may be exposed to materials which you consider to be offensive or inappropriate and you assume the risk and sole responsibility for your exposure to any such content or material.

  6. Customer Content Standards

    By using the Service and providing any content or materials to the Service as an advertiser or publisher customer (“Customer Content”), you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.

    You represent and warrant that:

    You understand and acknowledge that you are responsible for any Customer Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

    We are not responsible or liable to any third party for the content or accuracy of any Customer Content posted by you or any other user of the Service.

    Customer Content must in its entirety comply with these Terms and all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Customer Content must not:

    • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    • Promote, support, or incite (or be possibly capable of inciting) violence or unlawful acts, or incite individuals, groups, and/or entities which engage in violence or unlawful acts.
    • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
    • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms and our Privacy Policy.
    • Be likely to deceive any person.
    • Promote or disseminate anything that qualifies as “fake news” or any information that is at high risk of being false.
    • Be promotional of illicit drugs and drug paraphernalia.
    • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
    • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
    • Solicit personal information from anyone under 13.
    • Contain links to another website where any of the above-described prohibited content or material is accessible.
    • Contain any other content or material that the Company in its sole, unfettered, and arbitrary discretion, determines is undesirable on the Service.

    If you are a publisher customer, you further agree that you will not (a) publish ad units adjacent to or in association with any of the prohibited material or content listed above; or (b) engage in any action or practice that disparages or devalues the Company, the Service, other Customer Content, or the reliability, reputation or goodwill of any of them. Content concerning other subject matter may be subject to reduced or disabled monetization, such as political content and parties, polarizing social issues (e.g., race, sexual orientation), tragedy (e.g., abuse, mental illness), substance abuse or criminal behavior, cannabis, alcohol, gambling, weapons or ammunition, sexual activity or nudity, profane or derogatory language, or explicit content (e.g., gore or bodily conditions).

    If you are an advertiser customer, you further agree that your advertising content, including the content on your landing page URLs, shall contain all disclosures required by Company compliance guidelines, the Federal Trade Commission’s rules, regulations, guidelines, and other industry standards and practices.

    If you use the Service to communicate about or administer a promotion, contest, or sweepstakes (each a “Promotion”), you are responsible for the lawful operation of that Promotion, including the official rules, offer terms and eligibility requirements (e.g., age and residency restrictions), and compliance with applicable rules and regulations governing the Promotion and all prizes offered (e.g., registration and obtaining necessary regulatory approvals). Promotions on the Service must include (a) a complete release of the Company by each entrant or participant, and (b) acknowledgement that the Promotion is in no way sponsored, endorsed or administered by, or associated with, the Company. If you use the Service to administer a Promotion, you do so at your own risk.

    The Company reserves the right to revise the above policies at any time to keep them updated in accordance with constantly changing policies, regulations, and laws.

  7. Monitoring and Enforcement of Customer Content Standards; Termination

    The Company is not responsible for screening, policing, editing, or monitoring your or another Customer’s content. However, we reserve the right to:

    • Remove or refuse to post any Ad Materials for any or no reason in our sole discretion.
    • Take any action with respect to any Customer content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for us.
    • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    • Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Service.
    • Terminate or suspend your access to all or part of the Service for any reason, including any violation of these Terms.
  8. Reliance on Information Posted

    The information presented on or through the Site or Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or Customer of the Service, or by anyone who may be informed of any of its contents.

    The Site and Service include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  9. Third-Party Links

    This Site and Service may link to other websites that are not sites controlled or operated by us, such as Customer websites (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than the Company, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. We provide links to the Third-Party Sites to you as a convenience and to provide the Service, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERE, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site or Service to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

  10. Linking to the Site

    You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Subject to the foregoing, you must not:

    • Establish a link from any website that is not owned by you.
    • Cause the Site or portions of it, outside of use of the official Company Embeddable Tools, to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
    • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

    The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms.

    You agree to cooperate with us to stop any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice.

    We may disable all or any links at any time in our sole discretion and without notice.

  11. Federal and State Laws

    The Site and Service are operated from the U.S. and is intended for U.S. residents only. The Site and Service are not approved for distribution outside of the U.S. and non-U.S. residents should not rely or act upon the information contained within. When using the Site or Service, or when using any content provided by us, you must obey all applicable U.S. federal, state, and local laws.

  12. Minimum Age

    We do not allow persons under the age of eighteen (18) to use the Site or Service. By using the Site, you represent and warrant that you are eighteen (18) years of age or over.

  13. Disclaimer of Warranties

    Your use of this Site and Service is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on the Site and Service. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.

    TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE, SERVICE, AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD- PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

    TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SERVICE, THE MATERIALS, ANY CONTENT, OR OTHER POSTED MATERIALS ON THE SITE OR SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

    BY PROVIDING THE SERVICE AND THE SITE, WE DO NOT IN ANY WAY PROMISE THAT THE SITE OR SERVICE WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AND SERVICE AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.

  14. Limitation of Liability

    WE CANNOT GUARANTEE THE SITE OR SERVICE WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE WEBSITE AND SERVICE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE AND SERVICE ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

    NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF THE COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE SERVICE, THE MATERIALS, AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITE AND SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF 1) AS APPLICABLE, THE PRICE OF THE SERVICES PURCHASED IN THE SIX (6) MONTHS PRIOR TO THE DATE OF THE INCIDENT OR 2) ONE HUNDRED DOLLARS ($100.00).

    IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  15. Indemnification

    You agree to indemnify, defend and hold harmless us and our affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the Site and/or Service. Such acts may include: (i) providing content to or communicating with us or our affiliates; (ii) unauthorized use of material obtained through the Site and/or Service; (iii) engaging in a prohibited activity; (iv) or any other action that breaches these Terms.

  16. Copyright Complaints

    The Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent with the following information.

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • Description of the copyrighted work that you claim has been infringed;
    • The location on the Site or Service of the material that you claim is infringing;
    • Your address, telephone number and e-mail address;
    • A statement that your claim of infringement is based on a good faith belief; and
    • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    Our agent for notice of claims of copyright infringement on the Site and Service can be reached at support@bcmedia.ai.

  17. Injunctive Relief

    You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or Federal courts located in the City of St. Louis, Missouri. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

  18. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER.

    Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below.

    In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Site, the Service, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

    THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED O CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

    You and we agree that your use of the Site and Service involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

    If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

    If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

    If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

    If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, the Service, and any other actions with us.

    You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at support@bcmedia.ai and including in the subject line “Rejection of Arbitration Provision.”

  19. Miscellaneous Provisions

    Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.

    Governing Law and Venue. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.

    Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.

    Typographical Errors. Information on the Site and Service may contain technical inaccuracies or typographical errors. We attempt to make the Site and Service’s postings as accurate as possible, but we do not warrant the content of the Site or Service is accurate, complete, reliable, current, or error-free.

  20. Questions

    If you have any questions or comments about these Terms, the Site, or the Service, please contact us by email at support@bcmedia.ai.