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RESTRICTIONS
ON USE OF MATERIALS
All materials contained in any BEG Site are the copyrighted
property of Baldwin Entertainment Group, or its subsidiaries
or affiliated companies and/or third-party licensors. All trademarks,
service marks, trade names, and trade dress are proprietary
to BEG or its affiliates or licensees. No material from any
BEG Site or any Internet site owned, operated, licensed, or
controlled by us may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, except that
you may download one copy of the materials on any single computer
for your personal, noncommercial home use only, provided that
(i) you keep intact all copyright and other proprietary notices,
(ii) you make no modifications to the materials, (iii) you do
not use the materials in a manner that suggests an association
with any of our products, services, or brands, and (iv) you
do not download quantities of materials to a database that can
be used to avoid future downloads from any BEG Site. The use
of any BEG material on any other Web site or computer environment
is prohibited.
In the event you download software from any BEG Site, the software,
including any files, images incorporated in or generated by
the software, and data accompanying the software (collectively,
the "Software") are licensed to you by us or third-party
licensors for your personal, noncommercial home use only. We
do not transfer title to the Software to you. You own the medium
on which the Software is recorded, but we (or our third-party
licensors) retain full and complete title to the Software and
all intellectual property rights therein. You may not redistribute,
sell, auction, decompile, reverse engineer, disassemble, or
otherwise reduce the Software to a human-readable form.
SUBMISSIONS
We are pleased to hear from our visitors and welcome your comments
regarding our products and services. Unfortunately, however,
our company policy does not allow us to accept or consider creative
ideas, suggestions, or materials other than those that we have
specifically requested. We hope you will understand that it
is the intent of this policy to avoid the possibility of future
misunderstandings when projects developed by our professional
staff might seem to others to be similar to their own creative
work. Please do not send us any unsolicited original creative
materials such as stories or ideas, screenplays, or original
artwork. While we do value your feedback on our services and
products, we request that you be specific in your comments on
those services and products, and not submit any creative ideas,
suggestions, or materials (unless specifically requested by
us).
If, through participation in certain activities, you send any
material (e.g., postings to chat, boards, or contests) or, despite
our request, you send us unsolicited creative suggestions, ideas,
notes, drawings, concepts, or other information (collectively,
the "Submissions"), the Submissions shall be deemed,
and shall remain, our property. None of the Submissions shall
be subject to any obligation of confidentiality on our part
and we shall not be liable for any use or disclosure of any
Submissions. Without limitation of the foregoing, we shall exclusively
own all now-known or hereafter existing rights to the Submissions
of every kind and nature throughout the universe and shall be
entitled to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to
the provider of the Submissions or any other person or entity.
FORUMS
AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, instant
messaging, mobile messaging or e-mail function (including, but
not limited to, electronic greeting cards) offered as part of
any BEG Site. If you participate in any Forum within a BEG Site,
you agree to follow our terms set forth below.
You acknowledge that anything you submit to a BEG Site by way
of any Forum is routed through BEG’s servers and the Internet
and that, therefore, you have no expectation of privacy with
regard to any such submission. You acknowledge that the Forums
and features on BEG Sites are forums for public and not private
communications. Please keep in mind that whenever you give out
personal information online, for example, via message boards
or chat, that information can be collected and used by people
you don't know. We cannot guarantee the security of any information
you disclose online; you make such disclosures at your own risk.
Users or visitors shall remain solely responsible for the content
of their messages in the Forums. We are not responsible for
the content or opinions posted or sent by users in any Forum.
You take responsibility for postings under your username and
use the information provided in the Forums at your own risk.
We reserve the right to remove or edit content from any Forum
at any time and for any reason although we have no duty to do
so.
When participating in a Forum, never assume that people are
who they say they are, know what they say they know, or are
affiliated with whom they say they are affiliated with in any
chat room, message board, or other user-generated content area.
Information obtained in a Forum may not be reliable, and it
is not a good idea to take any action, including to trade or
make any investment decisions, based solely or largely on information
you cannot confirm. We cannot be responsible for the content
or accuracy of any information, and shall not be responsible
for any trading, investment, or any other decisions made based
on such information.
HOUSE
RULES
The following is a list of the House Rules of conduct for the
BEG Sites. By using the BEG Sites you agree not to do any of
the following:
1. Post, distribute, or otherwise make available or transmit
any data, text, message, or computer file that we deem to be:
(a) defamatory, abusive, harassing, insulting, threatening,
or that could be deemed to be stalking; (b) bigoted, hateful,
or racially offensive; (c) vulgar, obscene, or sexually explicit
(language or images); or that (d) encourages or advocates illegal
activity or the discussion of illegal activities with the intent
to commit them;
2. Post, distribute, or otherwise make available or transmit
any data, text, message, computer file, or other material that
infringes and/or violates any right of a third party or any
domestic or international law, rule, or regulation, including
but not limited to: (a) copyright, patent, trademark, or other
proprietary rights; (b) right of privacy (specifically, you
must not distribute another person’s personal information
of any kind without their express permission) or publicity;
(c) any confidentiality obligation;
3. Advertise or sell any products, services or otherwise (whether
or not for profit), or solicit others or use any Forum for commercial
purposes of any kind,
4. Post, distribute, or otherwise make available or transmit
any software or other computer files that contain a virus or
other harmful component;
5. Impersonate any person or entity or misrepresent your identity
or affiliation with any person or entity;
6. Engage in antisocial, disruptive, or destructive acts, including
"flaming," "spamming," "flooding,"
"trolling," and "griefing" as those terms
are commonly understood and used on the Internet;
7. Delete any legal notices, disclaimers, or proprietary notices
such as copyright or trademark symbols, or modify any logos
that you do not own or have express permission to modify;
8. Post, distribute, or otherwise make available or transmit
material or make statements that do not generally pertain to
the designated topic or theme of any Forum.
Additionally, you may use electronic greeting cards or mobile
messaging for noncommercial purposes only. You must furnish
your actual e-mail address or mobile phone number in order to
send a card or message. Any business use, "remailing,"
or other high-volume application is strictly prohibited. You
are not permitted to send cards or messages using an automated
program. Electronic greeting cards and mobile messages may not
contain inappropriate language or images or copyrighted material
(without the consent of the copyright holder) or encourage illegal
activity. Electronic greeting cards and mobile messages that
violate these guidelines will not be delivered.
We reserve the right to remove any material, and if we deem
appropriate, to turn over to law enforcement officials, any
material, including message, e-mail, or posting, that is in
violation of these House Rules. We also reserve the right to
remove messages, e-mails, or postings that do not pertain to
the designated topic or theme of the Forum.
We also reserve the right to comply with any order or otherwise
cooperate with law enforcement officials regarding the identification
of any user alleged to be using a BEG site in violation of the
law.
CONTENT
LINKED TO ANY BEG SITE
You should be aware that when you are on a BEG Site, you could
be directed to other sites that are beyond our control. There
are links to other sites from BEG pages that take you outside
of our service. For example, if you click on a banner advertisement
or a search result, the click may take you off the BEG Site.
This includes links from advertisers, sponsors, and content
partners that may use our logo(s) as part of a co-branding relationship.
You acknowledge that when you click on a link that leaves a
BEG Site the site you will land on is not controlled by us and
different terms of use and privacy policy may apply. By clicking
on links to other sites, you acknowledge that BEG is not responsible
for those sites. We reserve the right to disable links from
third-party sites to any BEG Site, although we are under no
obligation to do so.
We make no representations concerning the content of sites listed
in any of our directories. Consequently, we cannot be held responsible
for the accuracy, relevancy, copyright compliance, legality,
or decency of material contained in sites listed in our search
results or otherwise linked to a BEG Site.
DISCLAIMER
THE MATERIALS IN THE BEG SITES ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
ON ANY BEG SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT ANY BEG SITE OR THE SERVERS THAT
MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY BEG
SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
We explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites that
link to or from any BEG Site. We cannot ensure that you will
be satisfied with any products or services that you purchase
from a third-party site that links to or from any BEG Site or
third-party content on our sites. We do not endorse any of the
merchandise, nor have we taken any steps to confirm the accuracy
or reliability of, any of the information contained in such
third-party sites or content. We do not make any representations
or warranties as to the security of any information (including,
without limitation, credit card and other personal information)
you might be requested to give any third party, and you hereby
irrevocably waive any claim against us with respect to such
sites and third-party content. We strongly encourage you to
make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with
any of these third parties.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality
of your member name(s), password(s), and your account, as well
as all activities that occur under your account. You hereby
indemnify, defend, and hold us and our affiliates and our officers,
directors, owners, agents, information providers, licensors,
and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liabilities and costs
(including reasonable attorneys' fees) incurred by the Indemnified
Parties in connection with any claim arising out of any breach
by you of these terms of use or claims arising from your account.
You shall use your best efforts to cooperate with us in the
defense of any claim. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY BEG SITE
OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100
(WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY
RELATED TO ANY BEG SITE.
JURISDICTIONAL
ISSUES
BEG is controlled and operated by The Baldwin Entertainment
Group and its affiliates from its U.S. offices in California.
We make no representation that materials on any BEG Site are
appropriate or available for use in any particular location.
Those who choose to access a BEG Site do so on their own initiative
and are responsible for compliance with local laws, if and to
the extent local laws are applicable. Software from this site
is further subject to United States export controls. No software
from this site may be downloaded or otherwise exported or reexported
(i) into (or to a national or resident of) Cuba, Libya, North
Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the
Software, you represent and warrant that you are not located
in, under the control of, or a national or resident of any such
country or on any such list or otherwise in violation of export
control laws or regulations.
AMENDMENT
We reserve the right, at our sole discretion, to change, modify,
add, or delete portions of these terms of use at any time. In
the event that we do so, we will notify you of any such change,
modification, addition, or deletion by sending you an e-mail
at the last e-mail address that you provided us, and/or by prominently
posting notice of the any such change, modification, addition,
or deletion on the Web sites covered by these terms of use.
Any such change, modification, addition, or deletion will be
effective upon the earlier of ten (10) calendar days following
our dispatch of an e-mail notice to you or thirty (30) calendar
days following our posting of such notice on the Web sites covered
by these terms of use. Please note that, at all times, you are
responsible for updating your personal information to provide
us your current e-mail address. In the event that the last e-mail
address that you have provided us is not valid, or for any other
reason is not capable of delivering to you the notice described
above, our dispatch of the e-mail containing such notice will
nonetheless constitute effective notice of the changes, modifications,
additions, or deletions described in the notice.
TERMINATION
These terms of use are effective until terminated by either
you or us. You may terminate these terms at any time by discontinuing
use of all BEG Sites and destroying all materials obtained from
any and all such sites and all related documentation and all
copies and installations thereof, whether made under these terms
of use or otherwise.
We may immediately terminate these terms of use with respect
to you (including your access to any and all BEG Sites) without
cause and without notice to you in our sole discretion. Upon
termination, you must cease use of all BEG Sites and destroy
all materials obtained from such sites and all copies thereof,
whether made under these terms of use or otherwise.
We have adopted and implemented a policy that provides for the
termination, in appropriate circumstances, of users who are
repeat infringers of copyright.
GENERAL PROVISIONS
These terms of use shall be governed by and construed in accordance
with the laws of the State of California and the laws of the
United States, without giving effect to any principles of conflicts
of law. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the
state or federal courts located in Los Angeles County, California,
and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action.
If any provision of these terms of use shall be unlawful, void,
or for any reason unenforceable, then that provision shall be
deemed severable from these terms of use and shall not affect
the validity and enforceability of any remaining provisions.
NOTICE AND PROCEDURE FOR MAKING CLAIMS
OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement must be sent
to Service Provider's Designated Agent.
Notification must be submitted to the following Designated Agent:
Service Provider: BEG
Name of Agent Designated to Receive Notification of Claimed
Infringement:
Full Address of Designated Agent to Which Notification Should
be Sent:
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
E-Mail Address of Designated Agent:
To be effective, the notification must be a written communication
that includes the following:
1. A physical or electronic signature of person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
2. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative
list of such works at that site;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact
the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the complaining
party may be contacted;
5. A statement that the complaining party has a good-faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
We may give notice of a claim of copyright infringement to our
users by means of a general notice on any BEG Site, electronic
mail to a user's e-mail address in our records, or by written
communication sent by first-class mail to a user's address in
our records.
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