This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are at least 18 years of age. If you do not meet thisrequirement, you must not access the Site.Contact Information
- The Babylon Bee
- PO Box 546
- Jupiter, FL 33458
All notices of copyright infringement claims should be sent to the designated agent set forth below in the section titled, Procedure for Submitting Notification of Alleged Copyright Infringement, in the manner and means set forth therein.Online Purchases and Other Terms and Conditions
You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may download or print a single copy of any portion of the content provided on the Site for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such material. No other use is permitted unless otherwise expressly permitted in writing by Babylon Bee. You may not, for example, use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in anyway by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To impersonate or attempt to impersonate Babylon Bee, a Babylon Bee employee or other staff member, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment ofthe Site, or which, as determined by us, may harm Babylon Bee or users of the Site, or expose them to liability.
You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:
- Using the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engagein real time activities through the Site;
- Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
- Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempting to interfere with service to any user, host or network, whether through anydevice, software, or other actions;
- Sending unsolicited e-mail, including promotions and/or advertising of products or services, including any “junk mail”, “chain letter”, “spam” or similar solicitation;
- Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Sitecontent in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission;
- Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
- Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
- Disclosing a password or permitting a third party to use a password or failing to notifyus if a password is compromised; or
- Otherwise attempting to interfere with the proper working of the Site.
We have absolute discretion to determine if any use violates these rules and to act as we deem appropriate in the event of any violation. Violations of system or network security mayresult in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.Site Contents and Intellectual Property Rights
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, “look and feel”, layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the “Contents”) whether publicly posted or privately transmitted, as well as all derivative works, features, and functionality are property owned, controlled, licensed or used with permission by Babylon Bee.
The Site as a whole and its Contents are protected by copyright, trademark, trade dress andother laws and all worldwide right, title and interest in and to the Site and its Contents are owned by Babylon Bee or used with permission. BabylonBee.com, The Babylon Bee, The Babylon Bee logo, and all other trademarks and service marks appearing on this Site are property of Babylon Bee or are used with permission of the owner. You agree not to display or use such marks without Babylon Bee's prior written permission. Babylon Bee disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.
The information presented on or through the Site is made available solely for general informational and entertainment purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material onthe Site may be out of date at any given time, and we are under no obligation to update such material. Therefore, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. To the fullest extent provided by applicable law, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any visitor to the Site, or by anyone who may be informed of any of its contents.
This Site includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Babylon Bee, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Babylon Bee. We are notresponsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Requests to use the Contents for any purpose other than as permitted in these Terms should be directed to Babylon Bee at the contact information provided above.Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contentsof those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websiteslinked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Site may provide certain social media features. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect tosuch features. We may disable all or any social media features and any links at any time without notice in our discretion.User Content
From time to time, Babylon Bee may offer the ability for Site users to publish or upload information or comments to the Site. This functionality may be reserved for registered users.Babylon Bee reserves the right, but has no obligation, to monitor the information or material you submit to the Site. Therefore, we assume no liability for any action or inaction regardingany transmissions, communications, or content provided by any user or third party.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcementauthorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS BABYLON BEE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You will not post, download, or copy on the Site, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site that:
- Violates any applicable law or regulation;
- Promotes or enables illegal or unlawful activities;
- Will or does infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others;
- Violates the privacy or publicity or other legal rights of others, or contains any material that could give rise to any civil or criminal liability under applicable laws;
- Misrepresents affiliation, connection or association with, any person or entity;
- Is intended to or likely to deceive or defraud other users of the Site;
- Is libelous, obscene, profane, inaccurate, sexually suggestive, offensive, threatening,defamatory, abusive, hateful or otherwise objectionable;
- Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Is intended to or tends to annoy, threaten, harass, or intimidate any other users of the Site;
- Contains video or images of another person without his or her permission;
- Contains, collects or solicits personal information about a minor;
- Distributes another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes; or
Other Site users may post information that is protected under copyright laws (whether or notidentified as such). You agree that you will not copy, download, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Babylon Bee or third-party proprietary information available on or through the Site.
You understand and acknowledge that you are responsible for any User Content you submitor contribute, and you, not Babylon Bee, have full responsibility for such content and information, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.Accessing the Site and Account Security
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particularcaution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
In the event of an alleged copyright infringement, Babylon Bee shall act expeditiously in accordance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512) and will take steps to have the allegedly infringing material removed or access to such material blocked.Procedure for Submitting Notification of Alleged Copyright Infringement
It is our policy to respond to notices of alleged copyright infringement that comply with the DMCA. With respect to copyright infringement, the DMCA requires Babylon Bee to have a designated agent to receive notices of alleged copyright infringement. For any content accessible on the Site that you believe infringes your copyright, please send a written noticeof alleged copyright infringement to Babylon Bee’s designated agent at the following address:
- The Babylon Bee DMCA Agent
- Nason, Yeager, Gerson, Harris & Fumero, P.A.
- Attn: Brian Hickey, Esq.
- 3001 PGA Blvd, Suite 305
- Palm Beach Gardens, FL 33410
- Telephone: (561) 686-3307
- Email: [email protected]
Your written notification of alleged copyright infringement should include all of the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are to be covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Babylon Bee to locate the material on its server;
- Information reasonably sufficient to permit Babylon Bee to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Your physical or electronic signature.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us by submitting written notification to our copyright agent designated above. The DMCA allows us to restore the removed content if the party filing the original DMCA notification does not file a court action against you within ten (10) business days of receiving the copy of your counter notification. Pursuant to the DMCA, the counter notification must include substantially the following:
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue; and
- Your physical or electronic signature.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.Procedure for Submitting Notification of Alleged Intellectual Property Infringement (other than copyright infringement)
If you believe that any content posted using this Site infringes the intellectual property that you own or are licensed to enforce (other than your copyright), please send a written notification to the address provided above, or via email: [email protected].Your Privacy Rights
The owner of the Site is based in the State of Florida in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.Indemnification
You shall indemnify, defend and hold harmless Babylon Bee and its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all damages, losses, claims, judgments, actions, and fees (including reasonable attorneys’ fees) brought by you or any third party arising out of or resulting from: (a) your use of or inability to use the Site, or your use of any information obtained from the Site, (b) the infringement by you of any intellectual property rights of any person or entity, (c) your violation of the Terms, (d) any content or data entered by you, including any User Contributions, (e) the breach of any warranty or representation made by you in the Terms, or (f) your violation of any applicable laws, rules or regulations.Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. BABYLON BEE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. BABYLON BEE DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BABYLON BEE OR ANY OF ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, ATTORNEYS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, OR ANY INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE OR SUCH OTHER WEBSITES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF BABYLON BEE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. YOU AND BABYLON BEE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
Any controversy, claim, or dispute arising out of or related to these Terms, the Site, or the relationship of the parties, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved by binding arbitration according to the procedures set forth in this paragraph. NOTWITHSTANDING THE FOREGOING, THE PARTIES HEREBY AGREE AND ACKNOWLEDGE THAT ANY ACTION BY BABYLON BEE OR ANY OF ITS AFFILIATES OR SUBSIDIARIES FOR: (i) TRADE SECRET MISAPPROPRIATION; (ii) PATENT INFRINGEMENT; (iii) COPYRIGHT INFRINGEMENT OR MISUSE; OR (iv) TRADEMARK INFRINGEMENT OR DILUTION SHALL NOT BE SUBJECT TO ARBITRATION UNDER THIS SECTION. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the American Arbitration Association Consumer Arbitration Rules (the “Arbitration Rules”). The arbitration shall be conducted in Palm Beach County, Florida before a single neutral arbitrator appointed in accordance with the Arbitration Rules. To the fullest extent permitted by law, the arbitrator shall not have the power to award indirect, punitive, special or consequential damages against any party. Arbitration costs and fees shall be determined in accordance with the Arbitration Rules and applicable law. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses, regardless of which party prevails, but a party may recover any or all of its attorneys’ fees, costs and expenses from another party if the arbitrator, applying applicable law, so determines. You agree to arbitration on an individual basis. No Dispute may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Judgment on the award rendered by the arbitrator, if any, may be entered for enforcement purposes in any court having jurisdiction thereof. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO PRESENT A DISPUTE IN COURT, RIGHT TO A JURY TRIAL, AND ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE.
You agree that any claim or controversy excluded from arbitration pursuant to the terms of this provision or determined by an arbitrator or court of competent jurisdiction to be excluded from this Section (“Excluded Claim”) shall be governed by the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Florida or any other jurisdictions) that would cause the application of the laws of any jurisdictions other than the State of Florida. You hereby irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Palm Beach County, Florida, for the adjudication of any Excluded Claim, and hereby irrevocably waive, and agree not to assert in any suit, action or proceeding, any claim that you is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. Nothing contained herein shall be deemed or operate to preclude a party from bringing suit or taking other legal action against the other party in any other jurisdiction to enforce a judgment or other court ruling in favor of such party.No Waiver
In the event that any of the provisions of these Terms shall be held by a court, arbitrator or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.Modification