B4UCIT, LLC (“B4UCIT” or “we”) operates the web site B4UCIT.com, which is a combination social networking, auction and video posting service.  The services offered by B4UCIT are hosted in the United States, and include: ** (“B4UCIT Services”).

This Terms of Use Agreement (“Agreement”) sets forth the binding terms and conditions for the use of the B4UCIT Services.  By using the B4UCIT Services, you hereby agree to be bound by this Agreement. Whether you are just visiting the site as a (“Visitor”) or are a registered Member (“Member”), and regardless of whether your access or use is intended, you are only authorized to use the B4UCIT Services if you agree to follow all applicable laws and be bound by the terms of this Agreement. 

Please read this Agreement in full.  If you do not agree to follow all applicable laws and be bound by this Agreement, you are directed to leave the B4UCIT Website immediately and discontinue use of all B4UCIT Services.  If you wish to become a Member, acceptance of this Agreement is required during the registration process. Hereafter, Members and Visitors shall be collectively referred to as “Users”.

1.   Eligibility. Use of B4UCIT Services and registration as a Member are void where prohibited. By using the B4UCIT Services, you represent and warrant (a) that the information you provided during registration is true and correct; (b) that you will update said information promptly to maintain its accuracy; (c) that you are over 18 years of age; and (d) that your use of the B4UCIT Services does not violate any applicable law or regulation.  If we have reason to believe that any of the information you provided is inaccurate, your profile may be deleted and your Membership terminated without warning.

2. Modification. B4UCIT may modify this Agreement from time to time. Any such modification shall become effective upon its posting by B4UCIT on the B4UCIT Website.  Your continued use of the B4UCIT Services after a revision to the Agreement signifies your acceptance of the Agreement as revised.  It is therefore important that you review this Agreement regularly to stay informed of any changes.

3.   Term. This Agreement, and any revisions posted by B4UCIT, shall remain in full force and effect while you are a Member or use the B4UCIT Services.  Membership may be terminated by a Member at any time.  B4UCIT may terminate a Membership at any time, with or without reason, prior notice or explanation, and shall not be subject to liability for doing so.  The terms and conditions contained herein shall survive the termination of any Membership.

4.   Fees. Users acknowledge that B4UCIT may charge for any portion of the B4UCIT Services and may change the fees it charges, if any, from time to time, in its sole discretion.  If B4UCIT terminates your Membership due to breach of this Agreement, there shall be no refund of any unused portion of fees or payments previously paid.

5.   Password. Password confidentiality is the responsibility of individual Members.  Users agree not to use the account, username, or password of another Member at any time or to disclose a password to any third party.  You also agree to notify B4UCIT immediately if any unauthorized use of an account or access to a password is suspected. Members are solely responsible for any and all use of their account.

6.   Posting of Content. You are solely responsible for the Content that you post on or through any of the B4UCIT Services, any material or information that you transmit to other Members and for your interactions with other Users.

7.   Proprietary Rights in Content on B4UCIT. B4UCIT does not claim any ownership rights in the content that Users post through the B4UCIT Services.  Once content has been posted through the B4UCIT Services, however, any rights that you may have in your content become subject to the limited license contained herein.

By posting any content through the B4UCIT Services, you hereby grant to B4UCIT a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content on or outside the B4UCIT web site.  Content marked as “private” will not be used or displayed. If content is removed from the site or marked as private at a later time, or if content marked as private is mistakenly displayed, B4UCIT will cease any distribution as soon as practicable upon written notice from the User. When distribution of removed items has ceased, this license terminates with regard to said content.

You represent and warrant that: (i) you own the Content posted by you on or through the B4UCIT Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the B4UCIT Services does not violate the privacy, publicity, copy, contract or any other rights of any other person or entity.  You agree to pay for sums owing to any person or entity by reason of any Content posted by you through the B4UCIT Services and to fully indemnify B4UCIT for any claims made against it as a result of your breach of these warranties, as set forth in greater detail below. B4UCIT owns and retains all rights in B4UCIT Content and the B4UCIT Services.

The B4UCIT Services contain Content of Users and other B4UCIT licensors.  Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the B4UCIT Services.

The license you grant to B4UCIT is non-exclusive. Your use of the B4UCIT Services constitutes valuable consideration for the license contained herein and no additional payment or royalty is required.   B4UCIT may sublicense this license to its affiliates.   The license applies globally. B4UCIT performs technical functions necessary to offer the B4UCIT Services. This includes transcoding and/or reformatting Content posted by users to allow its use pursuant to this license throughout the B4UCIT Services.

B4UCIT hereby grants you a limited, revocable, non-assignable license to reproduce and display the B4UCIT Content (excluding any software code) solely for your personal use in connection with viewing the B4UCIT Website and using the B4UCIT Services.

8. Prohibited Content. The posting of Content by Users of B4UCIT Services which violates this Agreement or which may be offensive, illegal, violate the rights of any person or entity, or harm or threaten the safety of any person or entity is expressly prohibited. B4UCIT has the right to reject, refuse or delete any posting or message, public or private, by you, remove your profile, or deny, restrict, suspend, or terminate your access to any or all parts of the B4UCIT Services at any time, in its sole discretion, with or without reason, notice or explanation, and shall in no way be subject to liability for such actions.

Despite the forgoing prohibitions, content posted by other Members may still be prohibited or otherwise violate this Agreement. B4UCIT is in no way responsible or liable for this material. If you become aware of prohibited content or misuse of the B4UCIT Services by any individual, please inform B4UCIT by using the “contact us” link provided on the web site’s home page.

B4UCIT assumes no responsibility for monitoring the B4UCIT Services for inappropriate Content or conduct.  If at any time B4UCIT chooses, in its sole discretion, to monitor the B4UCIT Services, B4UCIT nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

9. Video Content. You agree not to alter or modify any part of the website, including but not limited to the B4UCIT embedded video player or any of its related technologies. Accessing Video Content posted at B4UCIT through any technology or means other than the video playback pages of the website itself, or other explicitly authorized means is prohibited.

10. Prohibitions on Use. B4UCIT Services are for the personal use of Members only. Promotional purposes are permitted, however direct commercial purposes are only allowed when specifically endorsed or authorized by B4UCIT, and content of a commercial nature may be removed by B4UCIT in its sole discretion.

Illegal or unauthorized use of B4UCIT Services is prohibited.  Examples of such prohibited uses include collecting information for the distribution of spam email, distributing spam email, unauthorized framing or linking to the B4UCIT Website, or employing third party promotional sites or software to promote profiles for money. User content which violates this provision, including commercial advertisements, affiliated links, or other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges.  B4UCIT may take appropriate legal action for any illegal or unauthorized use of the B4UCIT Services.

11. Purchase Conduct – Prohibited Actions. The placing of a purchase price in the catalog creates binding legal contract. B4UCIT offers services for art and fashion related items only. Posting items that are not related to the art and fashion industry is prohibited, and such postings may be rejected or deleted by B4UCIT in its sole discretion. Repeated posting of prohibited auction items may result in termination of a User’s Membership.

The following related actions are also prohibited, and may result in a User being blocked or Membership terminated: posting of an item in an inappropriate category; failure to deliver payment for items purchased; failure to deliver items purchased from you; interference with the listings of other Users; attempting to circumvent or manipulate fees owed to B4UCIT; taking an action which may undermine the feedback or ratings systems.

12.   Copyrights and Other Intellectual Property. Uploading, embedding, posting, emailing, transmitting or otherwise making available through B4UCIT Services any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity is prohibited.   If you believe your work has been copied and posted on or through the B4UCIT Services in a way that constitutes copyright infringement, please send B4UCIT's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the B4UCIT Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.

B4UCIT's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, B4UCIT, Inc., 711 Milwaukee Rd., Beloit, WI 53511; Attn: Copyright Agent.  B4UCIT's Copyright Agent for notification of claimed infringement can also be reached electronically by clicking here.

B4UCIT provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works. Users agree not to circumvent, disable or otherwise interfere with security-related features of the B4UCIT Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the B4UCIT Website or the Content therein.

13. Liability for Purchase Items. You will not hold B4UCIT responsible for other users' actions or inactions regarding sales. B4UCIT serves as a venue to allow anyone to offer, sell, and buy art and fashion related items, at anytime, from anywhere, in a variety of pricing formats and venues. B4UCIT is not involved in the actual transaction between buyers and sellers and has no control over the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. B4UCIT does not transfer legal ownership of items from the seller to the buyer. Unless otherwise agreed to by the buyer and the seller, the buyer will become the item’s lawful owner upon physical receipt of the item from the seller, in accordance with Uniform Commercial Code § 2-401(2).

Regardless of the previous paragraph, if B4UCIT is found to be liable, said liability shall be limited to the lesser of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.

14. Purchase Fees. B4UCIT charges a fee for listing items for sales. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on the B4UCIT fee schedule, which may change from time to time. All fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the B4UCIT Services in a timely manner with a valid payment method. If your payment method fails or your account is past due, B4UCIT may collect fees owed using other collection mechanisms, including charging other payment methods on file, retaining collection agencies and legal counsel, and for accounts over 60 days past due, deducting the amount owed from your PayPal account balance.

15. Member Disputes. You are solely responsible for your interactions with other B4UCIT Members.  B4UCIT reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

16. Privacy. Use of the B4UCIT Services is also governed by our privacy policy, which is incorporated into this Agreement by this reference.

17. Disclaimers. B4UCIT is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the B4UCIT Services, whether caused by Users of the B4UCIT Services or by any of the equipment or programming associated with or utilized in the B4UCIT Services. User Content is not a reflection of the opinions or policies of B4UCIT.  Profiles and third party applications created and posted by Members on the B4UCIT Website may contain links to other websites.  B4UCIT is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by B4UCIT.  Inclusion of any linked website on the B4UCIT Services does not imply approval or endorsement of the linked website by B4UCIT.  Accessing these third party sites shall be done at the User’s own risk.  B4UCIT takes no responsibility for third party advertisements or applications that are posted on or through the B4UCIT Services, nor does it take any responsibility for the goods or services provided by its advertisers. B4UCIT is not responsible for the conduct, whether online or offline, of any User of the B4UCIT Services.  B4UCIT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.  B4UCIT is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the B4UCIT Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the B4UCIT Services.  Under no circumstances shall B4UCIT be responsible for any loss or damage, including personal injury or death, resulting from use of the B4UCIT Services, attendance at a B4UCIT event, from any User Content posted on or through the B4UCIT Services, or from the conduct of any Users of the B4UCIT Services, whether online or offline.

18. Disclaimer of Warranties. THE B4UCIT SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY B4UCIT, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER B4UCIT NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE B4UCIT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCEL BOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.  B4UCIT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE B4UCIT SERVICES.

19. Limitation on Liability. UNDER NO CIRCUMSTANCES SHALL B4UCIT, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE B4UCIT SERVICES, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT B4UCIT IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, ITS LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the B4UCIT Services or with any terms, conditions, rules, policies, guidelines or practices of B4UCIT, User's sole and exclusive remedy is to discontinue using the B4UCIT Services.

20. U.S. Export Controls. Software available in connection with the B4UCIT Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the B4UCIT Services or otherwise exported or re-exported in violation of U.S. export laws.  Downloading or using the Software is at your sole risk.

21. Disputes. You and B4UCIT agree to submit to the exclusive jurisdiction of the courts located within the State of Wisconsin and the County of Rock to resolve any dispute arising out of the Agreement or the B4UCIT Services.  EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT. THE PARTIES HERETO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO B4UCIT WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

22. Indemnity. Notwithstanding anything to the contrary contained herein, you agree to indemnify and hold B4UCIT, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation, incurred or suffered by B4UCIT, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of your account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by you, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. Users shall promptly notify B4UCIT in writing of any claim of which it is obligated under this indemnity.

23. Other. This Agreement is accepted upon your use of the B4UCIT Website or any of the B4UCIT Services and is further affirmed by you becoming a Member.  This Agreement constitutes the entire agreement between you and B4UCIT regarding the use of the B4UCIT Services.  The failure of B4UCIT to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.  If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without regard to its conflict of law provisions.  In any action by B4UCIT to enforce the terms of this Agreement, B4UCIT shall be entitled to recover its expenses, including reasonable its attorney fees.

Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.