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Effective January 1 2014
This Privacy Policy outlines important information regarding the use and disclosure of information collected via this Website and the business operations of findweathernow.com.
Findweathernow.com (via http://findweathernow.com) provides this Privacy Policy to help users, customers and suppliers of the business make an informed decision as to whether to use or continue using the Website and business services of findweathernow.com.
This Privacy Policy applies to findweathernow.com' collection, use, storage and disclosure of information by findweathernow.com on its (a) websites, including all its divisions, subsidiaries and related companies (collectively, the "Website"), (b) on various third party websites, and (c) to findweathernow.com' other information collection, including the purchase of customer lists from third parties. findweathernow.com is not responsible for the information collection or privacy practices of third web sites or applications. By reference, this Privacy Policy is incorporated into and is subject to the Website Terms of Use. Your use of the Website and any personal information you provide via the Website or through other official findweathernow.com contacts remain subject to this Privacy Policy, as well as the Terms of Use and/or other stated policies.
1. Collection of Information.
1.1 Information Collection By Survey.
Findweathernow.com collects information, personal and otherwise, from individuals primarily by having the individuals provide that information directly to findweathernow.com through its surveys and other opportunities to share information. Information collection may happen by various methods, including, but not limited to, an individual who transmits or receives a message through a findweathernow.com web site by any means including, but not limited to posts and text messages, when an individual supplies a photo, when an individual voluntarily completes a findweathernow.com survey, order form, or a registration page either online or offline, or by means of online or offline surveys, order forms, or registration pages operated by findweathernow.com or third parties (collectively, a "Survey"). (As used in this policy, "online" means using the Internet, including the Website, and related technologies, and "offline" means by methods other than online, including in person, in the postal mail, using telephones and cell phones, and other similar means.) In the Surveys, findweathernow.com or a third party (a "Third Party") may ask an individual to provide various information to findweathernow.com, which may include his or her name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), SMS messaging details (e.g. date, time and content of the SMS message), birth date, gender, photo, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time (together, "Survey Information"). findweathernow.com may also collect information concerning an individual from another source and use that information in combination with information provided from this Web Site. Completing the Surveys is completely voluntary, and individuals are under no obligation to provide Survey Information to findweathernow.com or Third Party, but an individual may receive incentives from findweathernow.com or a Third Party in exchange for providing Survey Information to findweathernow.com.
1.2 Third Party List Information.
Findweathernow.com may collect information from individuals when an individual provides information to a Third Party and findweathernow.com subsequently purchases, licenses, or otherwise acquires the information from the Third Party (the "Seller"). Such purchased information may include, but is not limited to, an individual's name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), SMS messaging details (e.g. date, time and content of the SMS message), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the individual may have provided to the Seller (together, "Third Party List Information"). When acquiring Third Party List Information, findweathernow.com seeks assurances from the Seller that the Seller has a right to transfer the Third Party List Information to findweathernow.com and that the Seller has a right to provide offers from advertisers to the individuals whose personal information is included on the Seller's list.
1.3 Other Information.
Other occasions when findweathernow.com obtains information from individuals include (1) when an individual is making a claim for a prize or seeking to redeem an incentive offered by findweathernow.com or by a Third Party, (2) when an individual requests assistance through findweathernow.com's customer service department, and (3) when an individual voluntarily subscribes to a findweathernow.com service or newsletter (together, "Other Information").
1.4 Cookies, Web Beacons, and Other Info Collected Using Technology.
Findweathernow.com currently uses cookie and web beacon technology to associate certain Internet-related information about an individual with information about the individual in our database. Additionally, findweathernow.com may use other new and evolving sources of information in the future (together, "Technology Information").
(a) Cookies. A cookie is a small amount of data stored on the hard drive of the individual's computer that allows findweathernow.com to identify the individual with his or her corresponding data that resides in findweathernow.com's database. You may read more about cookies at http://cookiecentral.com. Individuals who use the Website need to accept cookies in order to use all of the features and functionality of the Website.
(b) Web Beacons. A web beacon is programming code that can be used to display an image on a web page (by using an programming function (see http://truste.orgfor more information), but can also be used to transfer an individual's unique user identification (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. This allows findweathernow.com to track certain web sites an individual visits online. Web beacons are used to determine products or services an individual may be interested in, and to track online behavioral habits for marketing purposes. For example, findweathernow.com might place, with the consent of a Third Party website, a web beacon on the Third Party's website where baseball products are sold. When Joe, an individual listed in findweathernow.com's database, visits the baseball website, findweathernow.com receives notice by means of the web beacon that Joe visited the baseball site, and findweathernow.com would then update Joe's profile with the information that Joe is interested in baseball. findweathernow.com may thereafter present offers of baseball related products and services to Joe. In addition to using web beacons on web pages, findweathernow.com also uses web beacons in email messages sent to individuals listed in findweathernow.com's database.
(c) New Technology. The use of technology on the Internet, including search engine indexing, cookies and web beacons, is rapidly evolving, as is findweathernow.com's use of new and evolving technology. As a result, findweathernow.com strongly encourages individuals to revisit this policy for any updates regarding its use of technology.
1.5 Outside Information.
Findweathernow.com may receive information about individuals from Third Parties or from other sources of information outside of findweathernow.com including information located in public databases ("Outside Information").
1.6 Individual Information.
As used in this policy, Individual Information means Survey Information, Third Party List Information, Other Information, Technology Information, and Outside Information, and any other information findweathernow.com gathers or receives about individuals such as usage data, file transfer and viewing data.
1.7 No Information Collected from Children.
Findweathernow.com does not knowingly collect any personal information about children under the age of 13. If findweathernow.com obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because it does not collect such information, findweathernow.com has no such information to use or to disclose to Third Parties. findweathernow.com has designed this policy in order to comply with the Children's Online Privacy Protection Act ("COPPA").
1.8 Log File Information.
When users log-in to access their account, our servers may automatically record and archive certain information that web-browsers send whenever visiting a Website. These server logs may include information vital to validating the user's authorization to access the account. Information, such as a web request, Internet Protocol (the "IP") address, browser type, browser language, referring pages, exit pages and visited URLs, platform type, click counts, pages viewed and in what order, time spent, the date and time of the request, and other important data is necessary to validate and authorize a user's entry and activity on the Website.
1.9 Credit Card Information.
Findweathernow.com may in certain cases collect credit card numbers and related information, such as the expiration date of the card ("Credit Card Information") when an individual places an order from findweathernow.com. When the Credit Card Information is submitted to findweathernow.com, such information is encrypted and is protected with SSL encryption software. findweathernow.com will use the Credit Card Information for purposes of processing and completing user-initiated purchase transactions, and the Credit Card Information will be disclosed to Third Parties only as necessary to complete the purchase transaction.
2. Use of Individual Information.
2.1 Discretion to Use Information.
The following paragraphs in Section 2 describe how findweathernow.com currently uses Individual Information, but findweathernow.com may change or broaden its use at any time. As noted, findweathernow.com may update this policy from time to time. findweathernow.com may use Individual Information to provide promotional offers to individuals by means of email advertising, telephone marketing, SMS texting, direct mail marketing, online banner advertising, and package stuffers, among other possible uses. By default, your full name will be used as your screen name.
2.2 Email.
Findweathernow.com uses Individual Information to provide promotional offers by email to individuals. findweathernow.com may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all findweathernow.com's email lists, a person must send an email to [email protected]
2.2(a) Content of Email Messages.
In certain commercial email messages sent by findweathernow.com, an advertiser's name will appear in the "From:" line but hitting the "Reply" button will cause a reply email to be sent to findweathernow.com. The "Subject:" line of findweathernow.com email messages will usually contain a line provided from the advertiser to findweathernow.com.
2.2(b) Solicited Email.
Findweathernow.com only sends email to individuals who have agreed on the Website to receive email from findweathernow.com or to individuals who have agreed on Third Party websites to receive email from Third Parties such as findweathernow.com. findweathernow.com does not send unsolicited email messages. As a result, statutes requiring certain formatting for unsolicited email are not applicable to findweathernow.com's email messages.
2.3 Targeted Advertising.
Findweathernow.com uses Individual Information to target advertising to an individual and others. When an individual is using the Internet, findweathernow.com uses Technology Information (see also Section 2.5 below) to associate an individual with that person's Individual Information, and findweathernow.com attempts to show advertising for products and services in which the person has expressed an interest in the Surveys, indicated an interest by means of Technology Information, through indexing of search engines, and otherwise. findweathernow.com may, at its discretion, target advertising by using email, internet, search engines, direct mail, telephones, cell phones, and other means of communication to provide promotional offers to individuals and others.
2.4 Direct Mail and Telemarketing.
Findweathernow.com uses Individual Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones.
2.5 Mobile Phone SMS Messaging.
In certain cases, when requested by an individual, findweathernow.com or a Third Party may use Individual Information to provide customized content and advertising via SMS messaging to an individual's cell phone. Please note that findweathernow.com is not responsible for the privacy practices or the content of Third Parties.
2.6 Use of Technology Information.
Findweathernow.com uses Technology Information (1) to match a person's Survey Information and Third Party List Information to other categories of Individual Information to make and improve profiles of individuals, (2) to track a person's online browsing habits on the Internet, (3) to determine which areas of findweathernow.com's web sites are most frequently visited. This information helps findweathernow.com to better understand the online habits of individuals so that findweathernow.com can target advertising and promotions to them.
2.7 Profiles of Individuals.
Findweathernow.com uses Individual Information to make a profile of an individual. A profile can be created by combining Survey Information and Third Party List Information with other sources of Individual Information such as information obtained from public databases.
2.8 Storage of Individual Information.
Findweathernow.com stores the Individual Information in a database on findweathernow.com computers. Our computers have security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of the information under findweathernow.com's control. Notwithstanding such measures, findweathernow.com cannot guarantee that its security measures will prevent findweathernow.com computers from being illegally accessed, and the Individual Information on them stolen or altered.
3. Dissemination of Individual Information.
3.1 Sale or Transfer to Third Parties.
FINDWEATHERNOW.COM MAY SELL, LICENSE OR TRANSFER INDIVIDUAL INFORMATION TO THIRD PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE IN FINDWEATHERNOW.COM's SOLE DISCRETION.
3.2 Order Fulfillment.
Findweathernow.com will transfer Individual Information to Third Parties when necessary to provide a product or service that a person orders from such Third Party while using findweathernow.com web sites or when responding to offers provided by findweathernow.com.
3.3 Legal Process.
Findweathernow.com may disclose Individual Information to respond to subpoenas, court orders, and other legal processes. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity. This may include sharing information with other companies, lawyers, courts or other government entities.
3.4 Summary Data.
Findweathernow.com may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
3.5 Access.
Individuals have access to their Individual Information collected to provide an opportunity for an individual to correct, amend, or delete such information. Access can be obtained by contacting [email protected] findweathernow.com may also grant advertising clients and email services providers' access to an individual's email address to verify the origin of the Individual Information collected.
4. Privacy Practices of Third Parties.
4.1 Advertiser cookies and web beacons.
Advertising agencies, advertising networks, and other companies (together, "Advertisers") who place advertisements on the Website and on the Internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. findweathernow.com does not control Advertisers' use of such technology and findweathernow.com has no responsibility for the use of such technology to gather information about individuals.
4.2 Links.
The Website and email messages sometimes contain hypertext links to the web sites of Third Parties. findweathernow.com is not responsible for the privacy practices or the content of such other web sites. Linked web sites may contain links to web sites maintained by Third Parties. Such links are provided for your convenience and reference only. findweathernow.com does not operate or control in any respect any information, software, products or services available on such Third Party web sites. The inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
4.3 Affiliated Companies.
Findweathernow.com may disclose, transfer, and sell Individual Information to entities affiliated with findweathernow.com in findweathernow.com's discretion. California residents have the right to opt-out of allowing findweathernow.com to do any of the acts in the sentence above by sending an opt out request to [email protected] Should findweathernow.com be subject to an acquisition, merger, sale or other change of control or business entity status, findweathernow.com reserves the right to transfer or assign the Information collected from the Website.
4.4. Services.
Findweathernow.com may utilize various services provided by Google. By using Findweathernow.com, you accept and agree to Google's Privacy Policy, found at http://www.google.com/policies/privacy
5. Individuals Outside of the United States.
Anyone using the Website outside of the United States acknowledges that personal information will be collected and stored by findweathernow.com in the United States. By using the Website, you consent to the transfer of information to and/or storage of information outside of your country and in the United States.
6. Unsubscribe Procedures.
6.1 If you wish to discontinue receiving email messages from findweathernow.com, you have several options:
a) Unsubscribe from one email list. To unsubscribe from a particular list, either (1) send an email to [email protected] or (2) follow the instructions in each promotional email message sent by findweathernow.com.
b) Unsubscribe from all of findweathernow.com's email lists. We reserve the right to add Individual Information to multiple lists maintained by findweathernow.com. To globally unsubscribe from all of findweathernow.com's lists, send an email to [email protected]
7. Security.
Findweathernow.com has implemented commercially reasonable measures in an effect to prevent loss, misuse, and alteration of Individual Information used in our business and on the Web Site. However, no information transmitted over the Internet can be 100% secure and therefore we cannot guarantee the security of any Individual Information collected, used, or transferred under this Privacy Policy.
For more information about protecting your privacy, you may wish to visit: www.ftc.gov. If you have questions about this policy, please contact us at [email protected]
California User Consumer Rights. In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to [email protected]


text: Hi, anyone leaving from Michigan and riding across the UP? I am planning on leaving Wednesday and would like to meet up with some other riders headed to the National. My schedule is flexable, I am in Traverse City and this will be my first National. Just send me an e-mail.

subset: commoncrawl


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Welcome to BBM!
BBM allows You to chat and share in real-time with Your BBM contacts and groups. You can also create and publish content to Your own BBM Channel and follow BBM Channels featuring people, communities and brands You love.
By using or accessing any of the BBM services or products (collectively, the "Services"), including any text, graphics, photos, software, or other materials appearing on, made available as part of, or uploaded to the Services (collectively, "Content"), You agree to be bound by these Terms of Service, including the attached Schedule(s) (collectively, the "Agreement") and our Privacy Policy at www.blackberry.com/legal/privacy.shtml.
"You" means: (i) you as an individual if you are using or accessing the Services in your own personal capacity, or (ii) if you are using or accessing the Services on behalf of a company or other entity, you and the entity for whose benefit you are using or accessing the Services. The terms "BlackBerry", "we" and "us" mean BlackBerry Limited whose registered office is at 2200 University Avenue East, Waterloo, Ontario, Canada N2K 0A7 – see www.blackberry.com for further contact information. You and BlackBerry are each sometimes referred to as a "Party" and collectively the "Parties".
We are committed to maintaining the privacy and security of personal information. SEE OUR PRIVACY POLICY (REFERENCED ABOVE) AND SECTIONS 17 AND 18 OF THIS AGREEMENT FOR INFORMATION ABOUT HOW WE PROCESS PERSONAL INFORMATION.
In order to use the Services, including obtaining a user account, including a BlackBerry ID, You must be at least 13 years of age (the "Minimum Age"), and either over the age of majority, an emancipated minor, or possess legal parental or guardian consent, and be fully able and competent to enter into this Agreement. In any case, You affirm that You are at least the Minimum Age as the Services and user accounts are not intended for children under the Minimum Age. If You are under the Minimum Age, You are not permitted to use the Services or obtain a user account. Some portions of the Services, including Content, may be subject to additional age restrictions, and in such cases Your access to such Services may be limited. If You are entering into this Agreement on behalf of a company or other entity, You represent and warrant that You have the authority to enter into this Agreement on such company's or other entity's behalf. You also represent that to the best of Your knowledge You are eligible to use the Services (including receiving any software that is provided by us as part of the Services) under applicable law, and are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that You are not listed on any U.S. Government list of prohibited or restricted parties.
You are responsible for all activities with respect to Your use of the Services, including any Content You upload or post to, or otherwise transmit, through the Services. If You are a corporation or other legal entity, You agree that You are responsible for the activities of Your employees, agents and any other persons You authorize to use the Services on Your behalf. Without limiting the above, in using or accessing the Services, You must ensure that:
(a) the Services are used in accordance with this Agreement, the applicable Services documentation, and in compliance with all applicable laws and regulations (for example, if the use of any portion of the Services, such as video and/or voice calling is not permitted by applicable laws in Your jurisdiction, You may not use such portion of the Services);
(b) all information You provide under this Agreement and in the course of using the Services, including when creating a user account, including a BlackBerry ID, is true, accurate, current and complete, and You agree to update such information to keep it true, accurate, and complete for so long as You continue to use the Services or account;
(c) if You use the BBM Channels portion of the Services, You comply with the additional terms and conditions contained in Schedule 1 found at the end of this Agreement;
(d) You will not knowingly take any action that interferes with, degrades or adversely affects the Services, or any software, hardware, system, network, Content, or service used by any person in conjunction with the Services, or otherwise has a detrimental effect upon us or our subsidiaries and affiliates ("BlackBerry Group of Companies"), an Internet or mobile wireless service provider ("Service Provider"), or any of the BlackBerry Group of Companies' or Service Providers' customers or infrastructure or products or services, and You will immediately cease any such activity upon request by us;
(e) the Services, or any portion thereof, are not used to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive Content;
(f) the Services, or any portion thereof, are not used to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts, including uploading, collecting, storing, posting, transmitting, communicating or otherwise making available any information or material that You do not have a right to collect, store or make available;
(g) the Services are not used to upload, post, transmit, or otherwise make available any Content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, the Services or any other software, hardware, services or data, and if You become aware of the existence of any such Content, You will promptly notify us;
(h) You do not sell, rent, lease, or transfer, or attempt to sell, rent, lease, or transfer, the Services, including any Content made available to You as part of the Services, or Your entitlement to the Services or any part thereof, to any other person, without our prior express written permission or, where services or any Content is provided by someone other than us, without the prior express written permission of such provider;
(i) You do not attempt to gain unauthorised access to any Services, accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You by the Services;
(j) the Services, or any portion thereof, (including information obtained through the Services) are not used to impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity, or to create a false identity to mislead others, including phishing and spoofing;
(k) You do not use the Services to develop, or to assist anyone in developing a competitive product or service or for other competitive purposes, including for the purposes of monitoring the Services availability, performance, or functionality, or for benchmarking purposes;
(l) You do not use any software, devices, scripts or other means to "scrape", "crawl" or "spider" any part of the Services and do not use bots or other automated methods to access the Services, invite contacts, send or redirect messages, or perform similar activities unless expressly permitted by us;
(m) except to the extent that we are expressly precluded by law from prohibiting these activities, You agree that You will not alter, modify, adapt, create derivative works, translate, deface, or reverse engineer (or otherwise attempt to convert any of the software into human readable form) the Services or attempt to do so, or acquiesce, authorise or encourage any other party to do the same; and
(n) You cooperate with us, and provide information requested by us, to assist us in investigating or determining whether there has been a breach of this Agreement and provide us or our appointed independent auditor with access to the premises and equipment where the Services are or have been used and to any associated records. In addition, You hereby authorise the BlackBerry Group of Companies to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations; (ii) third parties in investigating acts in violation of this Agreement; and (iii) system administrators at Service Providers, networks or computing facilities in order to enforce this Agreement. Such cooperation may include us disclosing Your username, IP address, and other personal information.
(a) Your Content. This Agreement does not transfer to us any ownership of Content that You post, upload or otherwise transmit using the Services. However, so that we can provide the Services, You grant to us a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display, as is reasonable to provide and maintain the Services, any Content that You send, upload, post or otherwise make available through the Services. By way of example, if You post a picture to a BBM Group, or You post Content to a BBM Channel, the above license gives us permission to reproduce, distribute and display such Content within the applicable BBM Group or BBM Channel. You warrant and covenant to us that You have the right to grant to us such licenses.
(b) Your Right to Use Content Provided by Us. You may use Content made available by us or our affiliates in connection with the Services solely for Your personal use and in accordance with this Agreement and the specific license terms and conditions applicable to the Content ("Usage Rules"), if any. Usage Rules will be detailed in the documentation for the applicable Service or Content, which You should familiarize Yourself with and review from time to time as we may make prospective changes. Where the Services allow You to acquire Content through in-app downloading or purchase, Usage Rules may be contained in the descriptions of the Content or presented as part of the download or purchase process. Unless expressly stated otherwise in the applicable Usage Rules, emoticons and similar Content provided by us as part of or for use in conjunction with the Services may only be reproduced and distributed in conjunction with Your use of the Services (e.g. adding emoticons to messages sent to Your BBM contacts) and may not otherwise be reproduced or distributed. With respect to Content posted in BBM Channels, please review Schedule 1 to this Agreement.
(c) Possible Exposure to Offensive Content. We do not control the Content that is made available to You by others in connection with Your use of the Services, or any third party service used in conjunction with the Services. You understand that by using the Services, You may be exposed to Content that is, or that You consider to be, offensive, indecent, or otherwise objectionable. We and our designees have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or remove Your Content or any third party Content from the Services. For example, we may filter or remove Content posted to BBM Channels that we consider to be in violation of these Terms of Service. In addition to the general disclaimers in Section 16, we do not guarantee or provide any other similar assurance regarding the accuracy, integrity, or quality of, and are not liable for any such items.
(d) Controls and Adult Supervision. Portions of the Services, third party services accessible through the Services, or Your device software may include settings that permit You to block or filter certain Content, services or persons. It is Your responsibility to select and enable such settings to Your desired preference. With respect to settings made available by us, we do not guarantee that such settings are error-free, will block all relevant Content, services, or persons, or cannot be disabled or circumvented by others who have access to the services or Your device or computer. If You allow Your child to use the Services, or any portion thereof, it is Your responsibility to determine whether a particular Service, third party service or Content is appropriate for Your child, and You are fully responsible for Your child's access to and use of the Services, third party services and Content, including all financial charges or other liability incurred in respect of such use or access.
(e) Volume and Storage Limitations. We may establish general practices and limits concerning use of the Services, including, the volume of Content that may be stored, the maximum period of time during which the Content, including message/discussion postings, will be retained on any Service (including any cloud storage service), and/or the period of time during which You may continue to use or access any Content. You agree that we have no responsibility or liability whatsoever for the loss or deletion of, the unauthorized access to, or the failure to store any Content and You should keep an alternative back-up copy of any Content for which retaining a copy is important for You.
(f) Feedback. We welcome Your feedback regarding the Services, but we cannot receive feedback unless we are able to freely use the feedback to improve the Services. Therefore, unless we otherwise agree with You in writing, You hereby agree that we own all feedback, comments, suggestions, ideas, concepts and changes that You provide to us regarding the Services and all associated intellectual property rights (collectively the "Feedback") and You hereby assign to us all of Your right, title and interest in Your Feedback. You will not knowingly provide us any Feedback that is subject to third party intellectual property rights. You agree to cooperate fully with us with respect to signing further documents and doing such other acts as are reasonably requested by us to confirm that we own the Feedback and to enable us to register and/or protect any associated intellectual property rights and/or confidential information.
(a) Use of Accounts and Passwords. You agree that You are responsible for all activity that occurs through Your user account(s), including all financial charges or liability incurred in respect of such activity. If You become aware of any unauthorized use of all or any portion of Your user account(s), including any passwords, You should contact BlackBerry Customer Support (contact information located at www.bbm.com/support). We may take such actions that we deem appropriate following receipt of such notification, but have no obligation to take any action. You agree that notifying us as set out above does not relieve You of responsibility for all activity that occurs using Your passwords, or on or through Your user accounts.
(b) Accessing Other Services. Your user account credentials (including Your BlackBerry ID, as applicable) can also be used by You to access other products or services that utilize Your user account credentials and that You are eligible to access ("ID Accessible Services"). Unless You and BlackBerry agree to other terms and conditions governing Your use of Your account credentials in association with ID Accessible Services, You agree that the terms and conditions of this Agreement that apply to the user account credential service that forms part of the Services, also apply to the use of Your user account credentials with ID Accessible Services; including without limitation, Sections 1, 2, 5, 7, 9, 11 to 19 and this Section 4. In addition, any termination of this Agreement will not affect the application of such terms and conditions to Your continued use of Your user account credentials with other ID Accessible Services, unless BlackBerry indicates that such termination is intended to terminate Your right to use Your user account credentials with other ID Accessible Services.
(a) License. Subject to the terms and conditions of this Agreement, we grant to You a personal, revocable, non-exclusive, non-transferable license to access and use the Services, including any software provided by us as part of the Services, for Your own internal or personal use. Portions of the Services require You to obtain and use software in order to access the Services and You are permitted to install and use such software to access the Services on the device or computer for which it is designed, or if expressly permitted by the usage rules governing the third party digital storefront (e.g. iTunes Store for iOS versions of the software) from which You acquired the software, the number of devices expressly permitted by such rules. The software is licensed and not sold under this Agreement.
(b) Fees and Subscriptions. Fees may apply to some portions of the Services ("Paid Services") and Your license to use Paid Services is conditional upon payment of the applicable license fees. If You are acquiring the Services, or any portion thereof, on a subscription basis or as part of a free trial, then the license set out above applies only for the time period for which You have paid the requisite subscription fees or for the time period authorised by us or our authorised distributor, as the case may be. Service charges may be charged by Your Service Provider in connection with Your use of the Services, and You agree that as between You and us, You are responsible for all service charges incurred through such use. Your Service Provider may limit which Services are made available to You. If You wish to obtain information about Your Service Provider's service charges or limitations on Services, please contact Your Service Provider.
(c) Updates and Upgrades. Upgrades or updates of the Services, including software, may be made available at our discretion from time to time. The software or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software, and unless Your device or computer software permits You to preclude the transmission or use of upgrades or updates and You apply such settings, You hereby agree that we, or the applicable software application store, may (but are not obligated to) provide notice to You of the availability of such upgrades or updates and automatically push such upgrade or update to Your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to You by us under this Agreement shall be considered part of the Services.
(d) Additional Terms. You may be required to agree to additional terms or conditions prior to using certain portions of the Services or when acquiring Content from within the Services (e.g. digital goods). In addition, to the extent that any third party component of the software provided by us is covered by additional terms and conditions that provide You with rights to use, copy, distribute or modify all or a part of such third party component that are broader than the rights granted to You under this Agreement for software (e.g. "open source" software), then, solely to the extent that You can exercise such broader rights without breaching the terms or conditions of this Agreement for the remainder of the software, You will obtain the benefit of such broader rights.
The Services may contain links to or otherwise make available third party products and services, including websites. The availability of such third party products and services does not imply any endorsement by us and You are solely responsible for and assume all risk arising from Your use of any such third party products and services. You are also responsible for understanding and complying with any agreement You enter into with a third party with respect to third party products or services accessed through or used in connection with the Services, including its privacy policy. WE ARE NOT RESPONSIBLE FOR OR LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF YOUR DEALINGS WITH SUCH THIRD PARTIES, AND WITHOUT LIMITING THE FOREGOING, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, YOU SPECIFICALLY AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR, ANY VIRUSES, OR ANY THREATENING, DEFAMATORY, OBSCENE, TORTIOUS, OFFENSIVE OR ILLEGAL THIRD PARTY PRODUCTS OR SERVICES, INCLUDING THIRD PARTY CONTENT, OR ANY THIRD PARTY PRODUCT OR SERVICE THAT INFRINGES OR MISAPPROPRIATES THE INTELLECTUAL PROPERTY OR THE PROPRIETARY RIGHTS OF, OR VIOLATES THE PRIVACY OR PUBLICITY RIGHTS OF, YOU OR ANOTHER PERSON OR ENTITY. Your recourse in the event of any such claim with respect to any third party products or services, including third party content, is solely against the relevant third party. In no event will any agreement between You and any third party be binding on us or impose upon us any additional obligations, or any obligations inconsistent with the terms and conditions of this Agreement.
(a) Modification or Discontinuance of the Services. You agree that we may, without liability to You, modify, suspend, discontinue, remove, place limits on, or disable the Services, or any portion thereof, at any time, temporarily or permanently, with or without notice to You; provided that, if we permanently discontinue a Service for which You have paid a fee to be able to use the Service for a specific portion of time and are not in breach of this Agreement, You may be entitled to a refund of all or a portion of the amount You paid for the right to use the Service, as set forth in the then current refund policy for the Service, or for the merchant of record ("MoR") or payment processor to whom You paid the fees. Such refund, if any, will be Your exclusive entitlement and our, and the MoR's and payment processor's, sole liability to You in the event we permanently discontinue the Services, or a portion thereof.
(b) Maintenance. Without limiting the foregoing, we reserve the right to, and You agree that we may in our sole discretion, periodically suspend access to the Services, or any portion thereof, or otherwise take the Services, or any portion thereof, out of operation, in order fix software bugs, install updates and do diagnosis and other maintenance of the Services.
The Services are not interconnected with a public switched telephone network (PSTN), do not use telephone numbers to communicate with other devices, and are not designed or intended to be a replacement for Your ordinary mobile or fixed line telephone, and You acknowledge that they are not able to be used to place calls to "911", "112", "999", "000" or other designated numbers intended to connect a user to public safety answering points or similar emergency services pursuant to local telecommunications laws ("Emergency Services"). Calls to Emergency Services are not processed through the Services. You understand and agree that additional arrangements, separate from the Services, must be made to access Emergency Services, and that the BlackBerry Group of Companies, and their respective officers, directors, and employees shall have no responsibility or liability whatsoever for any personal injury, death or damages arising out of or in connection with the inability to access Emergency Services through the Services.
Under this Agreement You do not acquire any ownership right, title or interest in or to any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright, database rights or rights in any confidential information or trade-secrets, in or relating to the Services or any part thereof, including Content that is made available by the BlackBerry Group of Companies and their respective suppliers as part of the Services. Any rights not expressly granted herein are expressly reserved. The Services are protected by Canadian, U.S. and international copyright and patent laws and international treaty provisions. There are severe penalties, both civil and criminal, for intellectual property infringement. You agree that nothing in this Agreement shall adversely affect any rights and recourse to any remedies, including to injunctive relief or such equivalent remedy in Your jurisdiction, that we and any providers of Content for a Service may have under any applicable laws relating to the protection of our or the Content providers' intellectual property or other proprietary rights.
The software provided by us as part of the Services may include cryptographic technology and You agree that it may not be exported, imported, used, transferred, or re-exported except in compliance with the applicable laws and regulations of the relevant government authorities. You hereby represent that You will not use the software in the development, production, handling, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or their missile delivery systems, or of materials or equipment that could be used in such weapons or their missile delivery systems, or resell or export to anyone or any entity involved in such activity. Notwithstanding any agreement with a third-party or any provision of law, regulation or policy, if You are any agency of the government of the United States of America, then Your rights in respect of the software shall not exceed the rights provided under this Agreement, unless expressly agreed upon by us in a written agreement between You and us and signed by our Chief Operating Officer or Chief Executive Officer.
This Agreement shall be effective upon Your agreeing to be bound by the terms and conditions of this Agreement (as described in the preamble above) and shall continue in effect until terminated in accordance with Section 12.
(a) Termination by You. You are free to stop using the Services at any time and are not required to notify us if You do so.
(b) Suspension or Termination by Us. In addition to any other rights or remedies we have under this Agreement, we may suspend or terminate Your accounts, cease providing You with access to any or all of the Services and terminate the licenses granted to You hereunder if: (i) we reasonably believe You have violated this Agreement, or any addendum or additional terms that govern the use of the Services; or (ii) You have failed to pay any amounts owing when due. Except as expressly provided herein, we shall not have any liability to You arising from or related to the termination of this Agreement, or any rights or licenses granted herein, in accordance with this Agreement.
Upon termination of this Agreement, however caused, or if Your subscription for a free trial for the Services, or portion thereof, expires or is terminated: (a) You will immediately discontinue all use of the Services, or in the case where this Agreement is not terminated but Your license to use specific Services expires or is terminated, immediately discontinue all use of the applicable Services; and (b) we will have the right to block any transmission of data to and from the affected Services, without notice to You. Upon termination or expiration of Your license to use the Services or any portion thereof, You authorise us to delete any files, programs, data and messages associated with Your account for the Services, or applicable portion therof, without notice to You. You will remain liable for all amounts due up to and including the effective date of termination or expiration in relation to the affected portion of the Services, including amounts charged to Your authorized mode of payment. In the event of the termination of this Agreement by us pursuant to provisions of this Agreement, You will pay to us all fees (including reasonable lawyers' fees and costs) and related expenses expended or incurred by us in the enforcement of our rights hereunder.
You are responsible for Your use of the Services and You agree to be responsible for, and to compensate us, the BlackBerry Group of Companies, and our respective suppliers, successors, agents, authorised distributors (including Service Providers) and assigns, and each of their directors, officers, employees and independent contractors, for any damages, losses, costs or expenses (including reasonable lawyers' fees and costs) suffered or incurred by them in relation to or arising from Your use of the Services, including any breach by You of this Agreement or any addendum to this Agreement ("Losses"), including any Losses arising from claims or proceedings brought by a third party. No remedy provided under this Section is intended to be, nor shall it be construed to be, exclusive of any other remedy provided under this Agreement or as allowed by law or in equity, and all such remedies shall be cumulative.
(a) Services.
(i) EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED OR MADE ACCESSIBLE "AS IS" AND "AS AVAILABLE", WITHOUT CONDITION, ENDORSEMENT, GUARANTEE, ASSURANCE, REPRESENTATION OR WARRANTY OF ANY KIND BY BLACKBERRY AND, SUBJECT TO SECTION 16(b), BLACKBERRY SHALL HAVE NO LIABILITY WHATSOEVER TO YOU, OR ANY THIRD PARTY CLAIMING BY OR THROUGH YOU, FOR ANY ISSUE RELATING TO THE SOFTWARE OR ANY SERVICE.
(ii) EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, BLACKBERRY DOES NOT WARRANT OR PROVIDE ANY OTHER SIMILAR ASSURANCE WHATSOEVER THAT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, CONTINUED AVAILABILITY OF THE SERVICES, OR THAT ANY MESSAGES AND OTHER CONTENT OR INFORMATION SENT BY OR TO YOU OR STORED BY OR ON BEHALF OF YOU, WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, OR WILL BE ACCURATE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE PERIOD OF TIME. .
(b) General Warranties
(i) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT AS EXPRESSLY SET OUT HEREIN, ALL CONDITIONS, ENDORSEMENTS, GUARANTEES, ASSURANCES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR TITLE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE, AND ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, ENDORSEMENTS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED.
(ii) To the maximum extent permitted under applicable law, any implied warranties, endorsements, guarantees, assurances, representations, or conditions relating to the software that is provided by us as part of the Services, to the extent they cannot be excluded as set out above, but can be limited, are hereby limited to ninety (90) days from the date You first installed the software on Your device or computer, as applicable.
(c) Mission Critical Applications. THE SERVICES AND ANY PART THEREOF, ARE NOT SUITABLE FOR USE IN MISSION CRITICAL APPLICATIONS OR IN HAZARDOUS ENVIRONMENTS OR ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS OR PERFORMANCE. WITHOUT LIMITING THE GENERAL DISCLAIMER OF DAMAGES IN SECTION 16(b), IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, OR ANY PART THEREOF, FOR MISSION CRITICAL APPLICATIONS OR IN HAZARDOUS ENVIRONMENTS OR ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS OR PERFORMANCE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(d) Software Acquired from iTunes Store. With respect to any software provided as part of the Services and acquired from the Apple iTunes Store (for example, the BBM software application), in the event of any failure of the software to conform to any applicable warranty, You may notify Apple and, in accordance with Your agreement with Apple, Apple will refund the purchase price, if any, that You paid for Your copy of the software, and Apple will have no other responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL WE BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH THE SERVICES OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO THE SERVICES, OR ANY PORTION THEREOF, BY ANYONE OTHER THAN US, DOWNTIME COSTS, LOSS OF THE USE OF THE SERVICES OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES, OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) To the maximum extent permitted by applicable law, in no event shall our liability to You for a single incident arising under this Agreement exceed the greater of: (i) the amount paid by You for the relevant Service(s) in the 3 months preceding the incident; and (ii) 5 United States dollars. In no event shall our aggregate liability to You under this Agreement exceed the greater of: (i) the amount paid by You for the relevant Service(s) provided hereunder in the 12 months preceding the applicable incident; and (ii) 5 United States dollars.
(c) To the maximum extent permitted by applicable law, to the extent we are liable to You hereunder, we shall only be liable for damages incurred during the period of such failure, delay, or non-performance of the Services.
(d) Nothing in this Section limits our liability to You in the event of death or bodily injury to the extent resulting directly from our negligence; provided that any damages payable by us shall be reduced to the extent of Your or another's contribution.
(e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT OR TORT OR UNDER STATUTE OR OTHERWISE.
(f) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY; (ii) SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; (iii) NOT APPLY TO THE OBLIGATIONS SET OUT IN SECTION 15 OR MISAPPROPRIATION OR INFRINGEMENT BY EITHER PARTY OF THE OTHER PARTY'S INTELLECTUAL PROPERTY OR A BREACH OF THE SECTIONS OF THIS AGREEMENT ENTITLED: "RULES FOR USING THE SERVICES" (SECTION 2), "LICENSE TO USE THE SERVICES" (SECTION 5), "INTELLECTUAL PROPERTY" (SECTION 9), AND "EXPORT, IMPORT AND USE RESTRICTIONS AND U.S. GOVERNMENT LICENSES" (SECTION 10) AND (iv) APPLY IN THE AGGREGATE, TO BLACKBERRY AND THE BLACKBERRY GROUP OF COMPANIES, AND THEIR SUCCESSORS, ASSIGNS, AND AUTHORISED DISTRIBUTORS (INCLUDING SERVICE PROVIDERS ACTING AS AUTHORISED DISTRIBUTORS OF THE SOFTWARE).
(g) IN NO EVENT SHALL ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, DISTRIBUTOR, SUPPLIER, OR INDEPENDENT CONTRACTOR (EXCEPT AS SET OUT ABOVE) OF ANY OF THE BLACKBERRY GROUP OF COMPANIES, OR ANY SERVICE PROVIDER, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT.
(h) YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THIS AGREEMENT CONSTITUTE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS: (i) THE FEES AND OTHER TERMS IN THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT; AND (ii) OUR ABILITY TO OFFER AND YOUR ABILITY TO USE THE SERVICES UNDER THIS AGREEMENT AND/OR OUR ABILITY TO MAKE THIRD PARTY SERVICES AND CONTENT ACCESSIBLE THROUGH THE SERVICES WOULD BE IMPACTED.
Personal information that is Processed by BlackBerry Group of Companies and its service providers will be treated in accordance with our Privacy Policy (which is hereby incorporated by reference into this Agreement and can be viewed at www.blackberry.com/legal/privacy.shtml). If You are in the European Union or in a European Economic Area country, where applicable, the data controller in respect of Your personal data is the BlackBerry entity with whom You have entered into this Agreement.
(a) Processing of Personal Information. Your use of the Services (or any portion thereof), including the installation and/or use of software, or associated Internet or mobile wireless services, or the creation of a BlackBerry ID or other user account, may result in the Processing of personal information as defined under applicable law about You, or if You are a corporation or other form of legal entity, Your employees and other individuals that You authorize to use the Services on Your behalf (collectively, "Users") by the BlackBerry Group of Companies and its service providers, Your Service Providers, and third parties whose products or services are used with the Services. Please see below for additional information about types of personal information that may be Processed, the purposes for which it may be used, and how it may be shared. More information may also be provided within the applicable Services. You consent that the BlackBerry Group of Companies may collect such personal information from You directly, or obtain it from Your Service Providers or other third parties whose products or services are used with the Services. Where You are a corporation or other legal entity, You represent and warrant that You have obtained all necessary consents and authority to agree to, and give the consents required under this Section as they relate to personal information of Your Users that is collected through their use of the Services.
(b) Purposes. Consistent with our Privacy Policy, personal information may be Processed by the BlackBerry Group of Companies and their service providers for purposes related to: (i) understanding and meeting Your needs and preferences and to provide You with the Services, including the account credentials service; (ii) developing new and enhancing existing products and services, including to communicate with You about them; (iii) managing and developing the BlackBerry Group of Companies' business and operations; and (iv) meeting legal and regulatory requirements. Furthermore, we may make available to or send to Users upgrades or updates, or notices of upgrades or updates, of software, or other BlackBerry products and services, or third party services or Content and related products or services. To help You better understand these purposes, please see below for additional information.
(c) Personal Information. Depending on the portion of the Services used, personal information Processed may include information such as name, display picture, status and personal messages, email address, telephone number, BBM contact list, language preference, BlackBerry ID or other account credentials, settings, country and time zone, Service Provider information and IP address, information about the use of the Services' functionality and the software and hardware utilized in conjunction with the Services, including device or computer information (for example, device PIN, IMEI, IMSI, UDID, MAC address or similar identifiers, and device model), or other information that may be required by law to be collected. In some cases, address book information, device location data (including real-time location information), calendar and reminder entries, and photos may be accessed by the Services and Processed by us to provide functionality that uses this information as part of or in conjunction with the Services. For example, to allow You to send an invitation email or SMS to contact(s) in Your address book, or to discover contacts in Your address book who also use the Services, Your device address book may be accessed by the Services. As mentioned below, applicable device or application software settings options may allow You to adjust what personal information is shared with the Services.
(d) "Cloud-based" Services. You acknowledge that the Services make available "cloud based" messaging and other services, which may include remote access, storage, or back-up functionality provided by the BlackBerry Group of Companies or their service providers, and You agree that by using the Services, information You enter, provide to, or integrate with such services may be Processed by the BlackBerry Group of Companies to facilitate the Services, and You represent and warrant that You have all necessary consents to provide such data to us.
(e) BBM-Connected Apps and Services. The Services include "social functionality" that allows You to make Yourself discoverable and connect with other individuals, and to improve or enhance Your experience with services, software or other Content that are integrated with the Services (for example, BBM-connected applications). In order to provide such functionality, You agree that Your availability to interact or connect with others may be indicated to others, and Your profile, display names, display pictures, status messages, membership status, and other identifiers or information may be viewed and, in some cases, commented on by such individuals. For example, if You elect to connect a BBM-enabled service to Your BBM account , You agree that, where such functionality exists: (i) Your BBM contacts may see whether You are using such service; (ii) Your contacts may see Your profile and the software and Content (such as games, music or other media files, depending on the service or software) that You have downloaded, are consuming, or that is available for sharing as part of Your use of the service, as well as comments You or others make about them; (iii) when You submit comments about Your contacts or the software or Content they have downloaded or are consuming as part of their use of the service, information about You (such as Your comments, user profile name, and display picture) may be displayed to other contacts of that individual, and (iv) the service may include automated functionality that performs analysis to develop recommendations based on Your preferences and utilization of the service or software. Please check the applicable settings options for the applicable services or software for available options to connect to or disconnect from BBM and adjust any other available privacy settings for such services or software.
(f) Location data. The Services may provide functionality that relies upon location information using GPS or similar satellite services or crowd-sourced Wi-Fi/WILAN access points and cell tower locations (where available). Please review the options or settings menu of the applicable device or application software to determine how You may be able to turn off or adjust location features. If You enable location functionality for the Services, and use BBM Channels, Your device's current or saved location will be sampled periodically (as frequently as every fifteen minutes, including in some cases even if the BBM software is not open on Your device) and stored on Your device, using GPS (where available), wireless tower, and Wi-Fi/WLAN hotspot information. In some cases, as Your device moves locations, such information will be sent to our servers so that we may associate the information to Your BBM or BlackBerry ID profile in order to customize Your experience, and provide You with more relevant promotional or BBM Channels content, including localized or time-sensitive offers that utilize geo-fencing functionality based on Your device's current location.
(g) Integration with Third Party Services. Portions of the Services may require or utilize third party services to function. If You choose to integrate or link the Services with third party services (for example, services that facilitate Your use of the Services in association with social networking or other services offered by third parties), You authorize us to use Your credentials and Process Your personal information relating to such third party services in order to facilitate Your access to such third party services for Your personal and/or domestic purposes. The information Processed may include: (i) Your account ID, password(s), authentication tokens, or other credentials for each such third party service or other account(s) You integrate with the Services; (ii) Your account profile information (for example, account ID, display picture, display name, personal message, availability status, country, time zone, unique device identifiers, etc.); (iii) on-device contacts information; (iv) an indication of which third party applications or services You have connected to Your account; and (v) session data resulting from Your use of the third party applications or services You have connected to Your account (for example, high scores You have achieved in a connected third party game or application for display in Your account profile box, instant messaging data resulting from instant messaging chats You have undertaken within a connected third party application or service and which have been facilitated by the Services' instant messaging functionality, etc.). You also authorize us to obtain personal information from and disclose personal information to the applicable third party service providers (including Service Providers) for activation, billing, provision, service, maintenance, and deactivation purposes. Such third party services that are accessed are not under our control. If Your personal information is disclosed to Your Service Provider, or third parties with products or services used with the Services, it is subject to applicable agreement(s) and privacy policies of such third parties, and You should review such terms before using third party services and third party software. You should review the settings options or help menu of Your device software or the third party service or software to learn more about, and where applicable, adjust permissions granted and available controls on such third party services and third party software.
(h) Profile Management. We may use Your user account information (which may include Your BlackBerry ID) and information about products and services that are accessible with Your user account to better understand, analyze and predict Your preferences and interests, and may combine it with other information to customize Your experience, suggest other products and services, and provide You with more relevant promotional content based on Your profile. This does not mean that data that personally identifies You will be shared with third party advertisers. BlackBerry Group of Companies and their service providers may Process advertising identifiers, including those provided by other software platforms, or similar identifier, in order to facilitate our analytics or the provision of promotional content or other information that may be relevant to You, and we may connect this information to Your profile at BlackBerry. If You do not wish such identifiers to be connected to personally-identifiable information or associated with a persistent device identifier(s) by BlackBerry in order for facilitate targeted promotional content, You should review the applicable settings for the software platform on which You use the Services for options that may be available to adjust interest-based advertising settings.
(i) Cookies and Similar Technologies. The BlackBerry Group of Companies may use "cookies" (small pieces of data stored on Your device or computer) or similar tools to enable You to sign in to certain services to protect both You and us, to help make the Services easier to use or tailor Your experience, or for analytics to help us understand how users engage with the Services and to improve their features.
(j) Support and Quality Assurance. If You contact us for support, or send diagnostics or other technical information to us through email or logging tools provided by us for such purposes, You agree that the BlackBerry Group of Companies may collect technical information like device identifiers, hardware ID and model number, memory status, operating system and environment information, battery status, Wi-Fi/WLAN information, radio or wireless strength and connections, list of installed applications, application usage information, data regarding processes running and device configuration, system events information, and other information regarding the condition of Your device or computer and the software on Your device or computer that may be helpful for diagnostic purposes. Such information will be used for the purposes of troubleshooting, customer support, software updates, and improvement of our products and services in accordance with our Privacy Policy. If analysis indicates that a third-party product or service is involved, we may send certain diagnostic or technical information to the third party vendor of the product or service as part of the troubleshooting process. You acknowledge and agree that calls with us and our service providers may be recorded for training, quality assurance, customer service and reference purposes.
(k) Storing of Messages. The contents of messages that have been delivered by the Services are not maintained or archived by us in the normal course of business. BBM messages are sent via data services to servers operated by or on behalf of us, and routed to the recipient(s), if the recipient(s) are online. Once a message has been delivered, it no longer resides on our servers. If the recipient(s) are not online, the undelivered message is held in servers operated by or on behalf of us until it can be delivered for up to thirty (30) days, after which the undelivered message will be deleted from our servers. The contents of any delivered messages reside directly on the sender's and recipient's devices unless deleted by those users, or by auto-delete features of the software used by such users. Notwithstanding the above, we may retain transactional details associated with the messages and devices (for example, date and time stamp information associated with successfully delivered messages and the devices involved in the messages), as well as any other information that we are legally compelled to collect.
(l) International Transfers. You consent and agree that to provide the Services (including "cloud based" and remote access, storage, or back-up functionality), the BlackBerry Group of Companies may Process data, which may in some cases include personal information and the content of communications, on servers operated by or on behalf of the BlackBerry Group of Companies inside or outside the jurisdiction in which You or Your Users are situated, including, in Canada, the United States, the United Kingdom or other countries in the European Economic Area, Singapore or other countries in the Asia-Pacific region, the United Arab Emirates or other countries in the Middle East region, or other countries where there are facilities operated by or on behalf of the BlackBerry Group of Companies. If Users are residents of the European Economic Area or any jurisdiction for which consent is required to transfer personal information outside of that jurisdiction or region, You consent to such Processing and warrant that You have obtained all consents necessary under applicable law from Your Users to do so.
In addition to any disclosures authorized by Section 17, You and Your Users consent and agree that the BlackBerry Group of Companies may access, preserve, and disclose Your or Your Users' data, including personal information, contents of Your communication, or information about the use of the Services functionality and the services or software and hardware utilized in conjunction with the Services where available to us ("User Data"), to third parties, including foreign or domestic government entities, without providing notice to You in order to: (i) comply with legal process or enforceable governmental request, or as otherwise required by law; (ii) cooperate with third parties in investigating acts in violation of this Agreement; or (iii) cooperate with system administrators at Service providers, networks or computing facilities in order to enforce this Agreement. You warrant that You have obtained all consents necessary under applicable law from Your Users to disclose User Data to the BlackBerry Group of Companies and for the BlackBerry Group of Companies to Process such User Data as described above.
We may assign this Agreement without prior notice to You. You shall not assign this Agreement in whole or in part without our prior written consent (such consent may be withheld or conditioned at our discretion) and any assignment without our prior written consent shall be null and void and of no effect. We may perform all obligations to be performed under this Agreement directly or may have some or all obligations performed by our contractors or subcontractors.
Except as otherwise provided in this Agreement, all notices or other communications hereunder shall be deemed to have been duly given when made in writing and delivered in person or by courier or deposited in the mail, postage prepaid, registered mail or its equivalent, return receipt requested, and addressed to You at the address supplied to us by You, and addressed to BlackBerry at the address set out near the beginning of this Agreement, Attention: Legal Department. In addition to the foregoing, we may, at our option, give You any notice under this Agreement electronically. Electronic notice to You shall be deemed to have been duly given when transmitted to an email address furnished by You to us and if You have not provided us with an email address, notice may be duly given when prominently posted on http://www.blackberry.com/legal/.
Notwithstanding any other provision of this Agreement, neither Party shall be deemed in default of this Agreement for failure to fulfil its obligations when due to causes beyond its reasonable control. This provision shall not be construed as excusing non-performance of any obligation by either Party to make payment to the other Party under this Agreement.
(a) Third Party Beneficiaries. Our affiliates, and our and our affiliates' respective directors, officers and employees are intended third party beneficiaries for the purpose of the Sections of this Agreement entitled, "Emergency Services" (Section 8), "Responsibility for Your Use of The Services" (Section 14), "Warranty; Disclaimer" (Section 15) and "Limitations of Liability" (Section 16). The Content suppliers for Services are third party beneficiaries of the protections and restrictions on use of their Content set out in "Rules for Using the Services" (Section 2) and "Intellectual Property" (Section 9). If You acquired software provided by us through Apple's iTunes Store, You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this Agreement, and that upon Your acceptance of this Agreement, Apple and its subsidiaries will have the right (and will be deemed to have accepted such right) to enforce this Agreement against You as a third party beneficiary with respect to Your use of the Services on the iOS platform. You also acknowledge and agree that Apple and its subsidiaries are not responsible for the Services, for addressing any claims by You or a third party regarding the Services, or for providing any maintenance and support with respect to the Services.
(b) Waivers of Default. No Party is to be deemed to have waived or forfeited any right under this Agreement, whether on the basis of failure, delay or any other legal or equitable doctrine, unless such waiver is made in writing signed by an authorised signatory of the Party against whom the waiver is sought to be enforced. Waiver of any provision, or any breach of any provision, of this Agreement in one instance shall not constitute a waiver as to any other instance.
(c) Survival. The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the performance hereof shall so survive the completion of performance, cancellation or termination of this Agreement, including, Section 14.
(d) Governing Law and Dispute Resolution. THIS AGREEMENT IS TO BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NEW YORK, EXCLUDING ANY BODY OF LAW GOVERNING CONFLICTS OF LAW. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement.
Any disagreement or dispute arising out of or relating to this Agreement, or the breach thereof, which the Parties are unable to resolve after good faith negotiations, shall be submitted first to the upper management level of the Parties. The Parties, through their upper management level representatives, which if You are an individual, is You, shall meet within thirty (30) days of the dispute being referred to them and if the Parties are unable to resolve such disagreement or dispute within thirty (30) days of meeting, except to the extent specifically prohibited by applicable law in Your jurisdiction, such disagreement or dispute shall be settled by final and binding arbitration to be conducted in Ontario, Canada in accordance with the Commercial Rules of the American Arbitration Association ("Rules") and shall be heard by one arbitrator appointed in accordance with the said Rules and to be mutually agreed to by the Parties within thirty (30) days of the appointment of the arbitrator, failing which a neutral third party shall appoint the arbitrator. If the provisions of the foregoing are prohibited by law in Your jurisdiction, the arbitration shall be: (i) held in Your jurisdiction; (ii) settled by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce ("ICC Rules"); and (iii) heard by one arbitrator appointed in accordance with the ICC Rules and to be mutually agreed to by the Parties within thirty (30) days of the appointment of the arbitrator, failing which a neutral third party shall appoint the arbitrator. Each Party shall bear one half of the costs associated with the arbitration proceedings.
(e) Severability. To the extent any section, clause, provision or sentence or part thereof ("Part") of this Agreement is determined to be illegal, invalid or unenforceable by a competent authority in any jurisdiction, then such determination of that Part will not affect: (i) the legality, validity or enforceability of the remaining Parts of this Agreement; or (ii) the legality, validity or enforceability of that Part in any other jurisdiction, and that Part will be limited if possible and only thereafter severed, if necessary, to the extent required to render the Agreement valid and enforceable.
(f) Language. If this Agreement is translated into a language other than English, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. Unless, and only to the extent prohibited by law in Your jurisdiction, any and all disagreements, disputes, mediation, arbitration or litigation relating to this Agreement shall be conducted in the English language, including any correspondence, discovery, submissions, filings, pleadings, oral pleadings, arguments, oral arguments and orders or judgments.
(g) Entire Agreement. This Agreement (which for the purposes of any addenda hereto, shall in relation to the subject matter of that addenda, include the terms of the addenda), constitutes the entire agreement between the Parties with respect to the subject matter hereof and there are no provisions, understandings, communications, representations, warranties, undertakings, collateral agreements or agreements between the Parties relating to the Services other than as set out in this Agreement. Notwithstanding the foregoing, other agreements between the Parties may govern the use of certain portions of the Services. This Agreement supersedes any prior or contemporaneous provisions, understandings, communications, representations, warranties, undertakings, collateral agreements and agreements between the Parties, whether oral or written, with respect to the subject matter hereof, and You acknowledge that You have not relied on any of the foregoing in agreeing to enter into this Agreement.
(h) Modifications to Agreement. Except to the extent that we are expressly precluded by applicable law or by a written agreement between You and BlackBerry, we reserve the right to, within our sole discretion, make changes to this Agreement on a prospective basis, including to reflect changes in or required by law, new features, or changes in business practices. The most current version of this Agreement will be posted at www.blackberry.com/legal and You should regularly review that site for the most current version of this Agreement. If the changes include material changes to this Agreement that affect Your rights or obligations, we will provide You with notice of the changes by providing You with notice using reasonable means of providing notice, which could include any of the following: electronically (as contemplated by the Notice provision above); by posting notice of the change to any of our channels in BBM Channels; by sending You or posting notice within the Services, or by posting notice of the change at www.blackberry.com/legal. If You continue to use the Services after the changes become effective (as noted on www.blackberry.com/legal or in any other notice provided to You), then You shall be deemed to have accepted those changes. Additionally, when we update or upgrade the Services, You may be required to agree to the most current version of this Agreement in the course of accessing the updated or upgraded Services.
(i) Extended Meanings. The term "includes" or "such as" shall be construed as meaning "includes without limitation" and "such as without limitation", as the case may be.
Schedule 1
BBM Channels Additional Terms
BBM Channels is a social networking feature within BBM that extends Your network beyond Your family and friendship circle and enables You to connect with people, communities, and brands that interest You.
The BBM Terms of Service, as supplemented and amended by these BBM Channels Additional Terms applies to Your use of BBM Channels, and is referred to in this Schedule as the "BBM Channels Terms". In the event of a conflict between the BBM Terms of Service and these BBM Channels Additional Terms, the BBM Channels Additional Terms will prevail to the extent of such conflict.
Any capitalized terms in BBM Channels Additional Terms that are not defined below have the meaning set out in the BBM Terms of Service.
(a) By Authorized Representatives. Subject to the BBM Channels Terms, You may use BBM Channels to create and administer a unique BBM Channel ("Channel") that features a brand, organization, event or individual for whom You are an authorized representative. BY CREATING A BBM CHANNEL, YOU REPRESENT AND WARRANT TO US THAT YOU HAVE THE AUTHORITY TO CREATE AND ADMINISTER THE CHANNEL ON BEHALF OF SUCH BRAND, ORGANIZATION, EVENT, OR INDIVIDUAL.
(b) By Supporters. You may also create a Channel to express support for, or interest in, a brand, organization, event, or individual, provided You do so only in a manner that: (i) does not suggest that Your Channel is a Channel created by such brand, organization, event, or individual; (ii) does not suggest Your Channel is endorsed by or authorized by such brand, organization, event or individual if Your Channel does not have such endorsement or authorization; (iii) is not intended to otherwise mislead, confuse or deceive others; and (iv) does not otherwise infringe upon or violate any rights of such brand, organization, event or individual, including trademark, copyright, or publicity.
(c) No Misleading or Disruptive Use. Your name and contact information, the name of Your Channel, and any other profile information or description You provide when registering for a Channel, or otherwise include with Your Channel, must be true, must not be misleading, and must accurately reflect its subject matter. The name of Your Channel must be distinctive and may not be generic (e.g. food, cars). You may not create or use Channels for disruptive or abusive purposes. Without limiting the foregoing, You may not create one or more Channels for the purpose of preventing others from using such Channels, selling Channels or Channel names, or otherwise engaging in Channel 'squatting'.
(d) Our Right to Remove or Suspend Channels. We reserve the right to remove or suspend Channels that violate the BBM Channels Terms or any policies that we publish regarding the use of the Services, or any Channels that are inactive. We also reserve the right to transfer unauthorized Channels, Channel names, Channel IDs, and/or administrative capabilities to the brand, organization, event or individual, or their authorized representative that we reasonably consider is rightfully entitled to the Channel name or to create or administer the Channel for such brand, organization, event, or individual.
(e) Posting of Content. Once Your registration for a Channel has been accepted, You may post and display Content that is relevant to the brand, organization, event or individual featured in the Channel. Posting and displaying Content in a Channel does not transfer any ownership of the Content to us, but in doing so You grant us and our affiliates a license to such Content as set forth in the BBM Terms of Service. You also grant us and our affiliates a non-exclusive, royalty-free, worldwide, sublicensable license, for so long as the applicable Channel exists, to reproduce and publicly perform and display Your Content, including without limitation Channel name, screenshots, logos, icons and trademarks ("Marks") in all media whether now known or later developed, in connection with the promotion of BBM Channels, subject to Your prior consent, which consent shall not be unreasonably withheld or delayed. We acknowledge and agree that we have no right, title or interest in or to Your Marks (except the right to use the same in accordance with terms and conditions of the BBM Channels Terms), and further agree that any right, title or interest You have in such Marks shall remain with You. Without limiting the foregoing, in connection with the use of Your Marks to promote BBM Channels we will not: (i) modify the Marks or any of them, except as expressly approved by You in advance and in accordance with the process set forth above; (ii) combine the Marks, or any of them, with any other marks or create any composite marks; or (iii) do anything that would compromise Your rights in and to the Marks.
(f) Discoverability of Channels. You acknowledge and agree that Your Channel will be discoverable by any user of BBM Channels (unless You elect to make Your Channel a private Channel during Channel setup), and that the content of Your Channel will be public and viewable by everyone who subscribes to Your Channel ("Subscribers"), or who can otherwise view Your Channel and its contents.
(g) You are Responsible for Your Channel(s). While we provide You with the ability to create a Channel, You are solely responsible for the administration and use of Your Channel, including Your Content and interactions with Subscribers.
(h) Making Offers to Subscribers. If You procure or make offers or solicitations ("Offer") available to Subscribers through Your Channel, including by way of a link or URL to a separate web site that contains the Offer details, without limiting anything in the BBM Channels Terms, the following applies:
(i) You may only offer products or services for which You are the merchant, authorized reseller, or manufacturer;
(ii) You must ensure that Your Offer complies with all applicable laws, regulations and rules;
(iii) You must clearly set out the terms and conditions governing Your Offer, including any restrictions and expiration dates;
(iv) You may not state or imply that we are affiliated in any way with Your Offer; provided that directing a user to site or service operated by or on behalf of us, such as BlackBerry World, will not be a violation of this provision;
(v) You are solely responsible for the fulfillment of the Offer and You agree, if requested by us, to defend us from any claims or proceedings related to Your Offer, and to indemnify us for any losses, liabilities, and costs (including any reasonable legal fees) suffered or incurred by us in relation to Your Offer; and
(vi) we are not responsible for any improper redemption, fraud or other issues that arise from Your Offer.
(i) You Must Comply with Privacy Laws. If You are provided access to or collect personally identifiable information directly about Your Subscribers, You must comply with applicable privacy and data protection laws, including without limitation making publicly available to Subscribers Your privacy policy, clearly advising Subscribers what information You are collecting and the purpose(s) for such collection, and obtaining any consents required by applicable laws and regulations.
By becoming a Subscriber to a Channel, You acknowledge and agree that:
(a) the Channel owner may send You Content, Offers, information about promotions, or other communications within the Services. Please review the applicable settings and options for the Channel for available controls regarding receiving such communications from the Channel owner, and how to unsubscribe from the Channel if You no longer wish to receive these communications;
(b) certain information about You, including Your display name, display picture and other information contained in Your public profile, will be accessible by the Channel owner, and any personal information that is provided to the Channel owner will be subject to the applicable privacy policy of the Channel owner;
(c) if enabled by the Channel administrator, You may post comments to, and indicate Your approval of, a post or comment on a Channel ("Comments") and/or chat with the Channel administrator. Your Comments and chats should be restricted to the subject matter of the Channel and must adhere to the BlackBerry Online Community Standards, which can be viewed at www.blackberry.com/legal/communitystandards;
(d) Your Comments, and any selections You make within the BBM Channels service to indicate Your approval of a post or comment, will be publically displayed and viewable by other Subscribers to the Channel, as well as others who can otherwise view the Channel and its contents (e.g. Channel administers), may be shared by other Subscribers with their BBM contacts, and may be removed by the Channel administrator. For this reason, we strongly recommend that You do not include any personally identifiable information in Your Comments or in Your chats with Channel owners; and
(e) Your BBM display name and display picture will be displayed along with any Comments You post or submit to the Channel. In addition, Channels that You have subscribed to will be viewable by those who can view Your BBM profile, including Your BBM Contacts and those You invite to become BBM Contacts. We may also develop recommendations of Channels that may interest You based on the Channels that You and Your BBM Contacts have subscribed to and other information associated to Your BBM profile and user account, and may indicate in invitations-to-subscribe to a Channel that are sent to Your BBM Contacts that You have subscribed to that Channel. You may unsubscribe from a Channel if You do not wish that Channel to be listed in Your BBM profile.
In addition to and without limiting anything in the BBM Terms of Service, You agree as follows:
(a) You are entirely responsible for the Content and Comments that You post or submit to a Channel. We do not control the Content or Comments and we do not guarantee the accuracy, integrity, or quality of, and have no liability for such Content or Comments. Any use or reliance on any Content or Comments by You is at Your risk;
(b) Unless expressly permitted otherwise by the person or entity posting the Content, Content posted in a Channel is intended only for Your viewing within the Channel and may not be reproduced or distributed by You;
(c) You are responsible for complying with all applicable laws and regulations (and industry guidelines where applicable) in relation to Your use of BBM Channels, including the posting and submitting of Content or Comments to a Channel, and, if applicable, You are responsible for having a policy for removing infringing content from Your Channel, that complies with the Digital Millennium Copyright Act. Without limiting the foregoing, Content You post to a Channel must comply with the BBM Channels Content Guidelines which can be found at www.blackberry.com/legal/bbmcontentguidelines;
(d) You may not "spam" users or Channels, including posting duplicate postings, or multiple similar postings, or posting Comments that are not relevant to the Channel post under which Your Comments appear, and such behavior may result in Your access to the Services being suspended and/or removal of such Comments;
(e) You agree that we may impose limitations upon Your eligibility to access certain Channels or Content, including without limitation based on Your age and location that we collect from You, and use that information to provide Content that is appropriate to Your profile or jurisdiction or may otherwise be of interest to You; and
(f) We and our designates have the right (but not the obligation) in our and their sole discretion to pre-screen, refuse, or remove any Content or Comments for any reason.
These BBM Channels Additional Terms incorporate by reference and supplements our Privacy Policy, which can be found at www.blackberry.com/legal/privacy.shtml. In the event of a conflict between the Privacy Policy and these BBM Channels Additional Terms, the BBM Channels Additional Terms prevails to the extent of such conflict. Without limiting the generality of the foregoing, You agree that:
(a) We may use information collected about Your use of BBM Channels, including Your Channel subscriptions and activities, information associated to Your BBM profile and user account, and Your location, to understand and predict Your preferences and interests in order to develop, communicate, or provide You with Channels, content or services that may interest You from us or other sources such as Channel owners. We may also combine such data with information about Your use of other products and services (for example, information collected through BlackBerry World and browsing activity or searches) to customize Your experience, suggest other products and services to You, and provide You with more relevant promotional content within the Services based on Your profile. This may include sending You invitations-to-subscribe, messages and posts within the Services on behalf of Channel owners who request us to send messages to BBM Channels users or target audience segments that match Your demographic profile and interests. However, we will not provide personally identifiable information to Channel owners unless You give us permission to do so (for example, pursuant to section 2(b) of these BBM Channels Additional Terms). Please review the BBM software menu settings for available controls regarding how to block receiving future unsolicited invites or messages from a particular Channel, and how to unsubscribe from a Channel.