BBN Entertainment, Inc. Member Sites Network Terms of Service Member Agreement
REGISTRATION: Welcome to the BBN Entertainment, Inc. Member Sites Network.
To ensure that you enjoy the highest standards of quality and service during
your visits, we encourage you to read through the following information before
you register. These legal notices spell out the terms and conditions to which
Members are expected and required to adhere.
TERMS OF SERVICE
- GENERAL RULES AND DEFINITIONS
1.1 This Member Agreement, which includes the Operating Rules, constitutes
the Subscriber's ("Member") Agreement with BBN Entertainment,
Inc., an Internet service ("the Service") with respect to Member's use of
this service. Member must agree to abide by all of the terms and conditions
contained in the Member Agreement in order to become or remain an authorized
Member of the Service.
1.2 To indicate agreement with the terms and conditions of this Member
Agreement, Member must checkmark the "I Accept and Agree to the Terms and
Conditions" box before making payment for Membership. You will not be allowed
to register before agreeing to the Member Agreement. If you do not wish
to agree to these terms and conditions, do not proceed to join the Service.
The service reserves the right, at its discretion, to change, modify, add
or remove portions of this Member Agreement at any time without notice.
1.3 IF THE MEMBER AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE
TO MEMBER, OR CAUSE MEMBER TO NO LONGER BE IN COMPLIANCE WITH THE MEMBER
AGREEMENT, MEMBER MAY CANCEL SUBSCRIPTION BY CHOOSING THE CANCELLATION LINK
IN THE MEMBER SERVICES SECTION INSIDE OF THE WEBSITE (SEE SECTION 9 REGARDING
TERMINATION OF SERVICE). MEMBER'S CONTINUED USE OF THE WEBSITE SERVICE NOW,
OR FOLLOWING ANY CHANGES IN THESE OPERATING RULES, WILL CONSTITUTE A BINDING
ACCEPTANCE BY MEMBER OF SUCH RULES, CHANGES OR MODIFICATIONS.
1.4 The Service may change, suspend or discontinue any aspect of
the Service at any time, including the availability of any service feature,
database or content. The Service may also impose limits on certain features
and services or restrict Member access to parts or all of the Service without
notice or liability.
- CONTENT AND MEMBER SUBMISSIONS
2.1 The contents of the Service are intended for the personal, noncommercial
use of its registered Members. All materials published on the Service (including,
but not limited to news articles, photographs, images, illustrations, audio
clips and video clips, also known as "the Content") are protected by copyright
and other intellectual property laws, and are owned or controlled by the
Service or the party credited as the provider of the content, software or
other materials. Member shall abide by all additional copyright or other
notices, information or restrictions appearing in conjunction with any Content
accessed through the Service.
2.2 The Service is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions
and other copyright laws. Except as set forth in Section 2 of this Member
Agreement, Member may not modify, adapt, translate, exhibit, publish, transmit,
participate in the transfer or sale of, reproduce (except as provided in
this section of the Member Agreement), create derivative works from, distribute,
perform, display, reverse engineer, decompile or dissemble, or in any way
exploit, any of the Content, software, materials or service in whole or
in part.
2.3 Member may download or copy permitted downloadable items displayed
on the Service for personal, noncommercial use only, provided that Member
maintains all copyright and other notices contained in such Content. Copying
or storing of any Content for other than personal, noncommercial use is
expressly prohibited without the prior written permission from the Webmaster,
or the copyright holder identified in the individual Content's proprietary
notices, including copyright notice.
- MEMBER PROFILES, FORUMS, DISCUSSIONS AND CHAT ROOMS
3.1 Member shall not upload to, distribute or otherwise publish
through the Service any Content which is libelous, defamatory, obscene,
profane, racially offensive, abusive or otherwise violates any law. The
Member profiles, chat rooms and discussions forums within these sites and
services are provided to give our users an interesting and stimulating forum
in which they may express their opinions and share their interests and ideas.
The Service will not tolerate rudeness, harassment, disrespect nor inappropriate
behavior toward any other Member or Staff through the Service, publicly
posted on another internet site or at a website sanctioned event. The Service,
at it's own sole discretion, reserves the right to immediately terminate
the Membership of any Member should a Member’s conduct fail to conform
with these Terms and Conditions, or said Member is not providing a healthy
and positive influence on the Membership. The Service may also, at it's
sole discretion, immediately terminate Membership should a Member become
libelous, slanderous or performs a defamatory action against the Service,
the Service's staff or any Member of the Service.
3.2 Member profiles, chat rooms and discussion forums shall be used
only in a non-commercial manner. Member shall not, without the express approval
of the Service, distribute or otherwise publish to the Service any material
containing any personally identifiable information (i.e. personal telephone
number, email address or home/business address, etc.), any solicitation
of funds, advertising or solicitation for goods or services, or to promote
websites or online services which may or may not be competitive to the Service
(i.e. "Spamming") via any public or private venues on the Service.
Member acknowledges that any submissions may be edited, removed, modified,
published, transmitted and/or displayed by the Service and your account
may be subject to termination and your presence banned from further membership.
In addition, Member warrants that all moral rights in any uploaded materials
have been waived. Neither the Service, its officers, Directors, employees,
agents nor third parties, endorse the opinions placed on the Member profiles,
chat rooms or discussion forums.
3.3 While the Service does not and cannot review every Member profile
and message posted by Members in the Forums and is not responsible for any
content of these messages, the Service reserves the right to delete, move
or edit messages that it, in its sole discretion, deems are in violation
of the law (including trademark and copyright law), or this Member Agreement,
or are abusive, defamatory, obscene or otherwise unacceptable. Members shall
remain solely responsible for the content of their messages.
- ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1 The Service contains links to other related World Wide Web Internet
sites, resources and sponsors of the Service. Selection of an ad banner
or link redirects Member off of the Service to a third party. Transactions
that occur between the Member and the third party are strictly between the
Member and the third party and are not the responsibility of the Service.
Because the Service is not responsible for the availability of these outside
resources or their contents, Member should direct any concerns regarding
any external link to it's site administrator or Webmaster.
4.2 “Time Out” Security:
The Service has a “time out” feature for your protection. Once you are logged into the Service, if there is no activity on your computer for a period of forty-five (45) minutes to include staying on the same page (whether just viewing or typing a long entry), you will be automatically logged off of the Service. This is a safety and security feature enabled for the safety of our Members.
- REPRESENTATIONS AND WARRANTIES
5.1 Member represents, warrants and covenants (a) that no materials
of any kind submitted through Member's account or the Service's use thereof
in accordance with the terms and conditions of this Member Agreement, will
(i) violate, plagiarize or infringe upon the rights of any third party,
including copyright, trademark, privacy or publicity, moral rights, contract
or other personal or proprietary rights; (ii) contain libelous or otherwise
unlawful material; (iii) constitute false or misleading indications of origin
or statements of fact; (iv) slander, libel or defame any person or entity;
(v) cause injury of any kind to any person or entity; or (vi) violate any
applicable laws, rules, regulations or other governmental regulations; and
(b) that Member is at least 18 years old. Member hereby indemnifies, defends
and holds the Service and all officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively, the "Indemnified
Parties") harmless from and against any and all liability and costs incurred
by the Indemnified Parties in connection with any claim arising out of any
breach by Member or any User of Member's account of the Member Agreement
or the foregoing representations, warranties and covenants, including, without
limitation, reasonable attorneys' fees. Member shall cooperate as fully
as reasonably required in the defense of any claim. The Service reserves
the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by Member.
5.2 The Service neither represents nor endorses the accuracy or
reliability of any advice, opinion, statement or other information displayed,
uploaded or distributed through the service by any Member, information provider
or any other person or entity. THE SERVICE, THE ACCESS SOFTWARE (DEFINED
HEREIN) AND ANY MATERIALS PROVIDED BY THE SERVICE OR THIRD PARTIES THROUGH
THE SERVICE ARE PROVIDED "AS IS." THE SERVICE MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,
TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED
TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE.
THE SERVICE SHALL NOT BE RESPONSIBLE TO THE MEMBER OR ANY THIRD PARTIES
FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, THE ACCESS
SOFTWARE, SPECIAL EVENTS OR ANY OF THE MATERIALS PROVIDED BY THE SERVICE
OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS,
DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE
OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE
CAUSE OF ACTION, EVEN IF THE SERVICE HAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE OR LOSS.
5.3 Member hereby acknowledges that use of the Service is at Member's
sole risk.
- REGISTRATION AND SECURITY (LAW ENFORCEMENT AND PRESS WARNING)
6.1 As part of the registration process, Member will select a password
and Member Name. Member shall provide the Service with accurate, complete
and updated registration information. Failure to do so shall constitute
a breach of this Agreement, which may result in immediate termination of
Member's account. Member may not (i) select or use a member name of another
person with the intent to impersonate that person; (ii) use a name subject
to the Rights of any person other than Member without authorization; or
(iii) use a screen name that the Service, in its sole discretion, deems
offensive.
6.2 (a) Member shall notify the Service of any known or suspected
unauthorized use(s) of Member's account, or any known or suspected breach
of security, including loss, theft or unauthorized disclosure of Member's
password or credit card information. (b) Member shall be solely responsible
for maintaining the confidentiality of Member's password. Member will never
be required to reveal Member's password to any representative or agent of
the Service, its owners or agents.
6.3 Member must be 18 years or older to subscribe to the Service.
No exceptions.
6.4 Each Member is responsible for all usage or activity on their
account. Any fraudulent, abusive or otherwise illegal activity, or sharing
of your password with other non-Members of the Service may be grounds for
termination of Member's account at the Service's sole discretion. The Service
reserves the right to cooperate with law enforcement and other authorities
in investigating claims of illegal activity including, but not limited to,
illegal transfer or availability of copyrighted material, trademarks, child
pornography, postings or e-mail containing threats of violence or other
illegal activity. Member agrees that the Service's judgment as to the validity
of any court order, subpoena, or request shall be considered proper and
final.
6.5 Law Enforcement: Member warrants that, if you are a police officer,
government investigator or agent of any kind, you are registering as a Member,
using the Service, and are present at any of the Service’s event only
in your private, individual capacity. You warrant that if the foregoing
statement should prove to be false, you are investigating any of the Members
and/or management of the Site without disclosing your official capacity
or purpose, and that your presence at any of the Service’s events,
is an entry into private premises without consent and in violation of the
4th Amendment to the U.S. Constitution; you further warrant that you are
attending at the direction of your employers and are acting within the scope
of your employment. You stipulate that an appropriate amount of liquidated
damages for the illegal taking of evidence or invasion of privacy which
embarrasses the Member/s or which results in legal process, civil or criminal,
against any of the Members is $100,000 U.S. per intrusion, which reflects
a reasonable estimate of probable compensatory damages for loss of privacy,
including humiliation, emotional distress, necessity to pay legal fees,
loss of employment or advancement, and other injuries, the amount of which
is uncertain. This amount shall be awarded to BBN Entertainment, Inc. and
to each Member against whom the investigation is targeted or against whom
civil or criminal process is brought, including execution of a search warrant.
A final award under this subparagraph shall not prevent a subsequent proceeding
if charges are thereafter filed against a Member, but the first award shall
be an offset against the later award.
6.6 Members of the Press: You represent that, if you are
a member of the press (to include television and radio), you are registering
as a Member, using the Site, and are present at any of the Service’s
events only in your private, individual capacity. You warrant that, if the
foregoing statement proves to be false, you are here at the direction of
your employers and are acting within the scope of your employment; that
you are violating the rights of the Members to privacy under common law
and the U.S. Constitution, and that an appropriate amount of liquidated
damages for any published report made which portrays or describes the activities
of any Member is ten dollars ($10 U.S.) multiplied times the number of readers,
subscribers or viewers of any medium which publishes the report, which reflects
a reasonable estimate of probable compensatory damages for loss of privacy,
including humiliation, emotional distress, necessity to pay legal fees,
loss of employment or advancement, and other injuries, the amount of which
is uncertain. This amount shall be awarded to BBN Entertainment, Inc. and
to each Member named in the report or described in such a way as to permit
identification of the Member by application of the description to publicly
available information.
- SUBSCRIPTION FEES AND PAYMENTS
7.1 The Service reserves the right to charge a Subscription fee
for access to the service. Member shall pay all Subscription fees and charges
incurred through Member's account at the rates in effect for the billing
period in which such fees and charges are incurred, including, but not limited
to charges for any products or services offered for sale through the Service
by the Service or by any other vendor or service provider. All fees and
charges shall be billed to and paid for by Member. Member shall pay all
applicable taxes relating to use of the Service through Member's account.
Member's right to use the Service is subject to any limits established by
the Service in its sole discretion.
7.2 Member will not receive access to any service until subscription
fees have been received by the Service. Subscription fees are not refundable
in whole or in part, even in the event Member's account is terminated. Member
understands that all Memberships renew automatically at the end of their
subscription period at the current rate until the Member requests a cancellation
(See section 9. Termination).
7.3 Trial Memberships will renew to a full membership
for the term chosen and agreed to upon initial registration for the website
30 days after the original registration date unless cancellation is made
via one of the Termination options (See section 9. Termination) before such
date. Subscription fee will not be processed if Subscriber cancels within
the free trial period.
7.4 All membership rates are subject to change without notice to Members.
- SOFTWARE LICENSES
8.1 Member shall have no rights to the proprietary software and
related documentation, or any enhancements or modifications thereto, provided
to Member to access the Service ("Access Software"). Member may not sublicense,
assign or transfer any licenses granted by the Service, and any attempt
at such sublicense, assignment or transfer is void. Member may not copy,
distribute, modify, reverse, engineer or create derivative works from Access
Software.
- TERMINATION
9.1 Either party may terminate this Agreement and Membership at any time for any reason. Member may terminate account or the automatic subscription service at any time by requesting the subscription or account cancellation from while logged into the Service. If Member is unable to access the Service, they may send an email
requesting cancellation of the automatic subscription service or of the
account entirely (e-mail cancellation requests are not guaranteed - See 9.4 below). If the Member requests cancellation of the automatic subscription
service, they will retain access to the Service expiration of the subscription
term. If the Member requests a complete termination of their account, the
entire account will be closed and access will no longer be available to
the Member regardless of time left in their account. Member is responsible
for all charges incurred up to the time the account is deactivated. Member
must cancel prior to their renewal date in order to avoid the automatic
subscription. MEMBER MUST RECEIVE A CANCELLATION CONFIRMATION VIA EMAIL
OR THE ACCOUNT CANCELLATION REQUEST WAS NOT RECEIVED NOR PROCESSED.
9.2 The Service may, in its sole discretion, terminate, suspend
or refuse Member's access to all or part of the Service at any time for
any reason, including, without limitation, breach of the Member Agreement,
or assignment of the Member Agreement by Member or for any reason at the
discretion of the Service. Once a Member's account has been terminated,
said member will not ever be allowed to return to the site.
9.3 Members of the Service acknowledge that site administrators
have the right to terminate membership without notice for any user who restricts,
inhibits or disrupts any event/party or another Member or Staff's online and offline enjoyment.
A user's membership may also be subject to termination if the user harasses or threatens any other
Member/s or the Service and it's Staff; spreads false information about any other Member/s, the Service or Staff; posts or transmits any illegal content; posts content (including the creation
of usernames) that is offensive or otherwise disruptive of any website activities; posts unsolicited advertising; attempts to alter or improperly access any feature or function of the
site; is an employee, owner, staff member or related
in any way to a competitor of the Service; or improperly impersonates an
employee or other individual of the Service.
9.4 Email cancellation requests: We cannot guarantee receipt of a cancellation request via e-mail due to the lack of control over communication systems that we do not operate (i.e. ISP mail servers, Internet connections, Member's personal PCs, etc). With things such as the proliferation of overzealous spam filters running throughout the Internet, mail server failures, etc, guaranteed delivery of an email is not possible and we will only guarantee a cancellation request sent to the Webmaster while logged into the Service.
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MISCELLANEOUS
10.1 This Member Agreement has been made in and shall be construed
and enforced in accordance with Texas law. Any action to enforce this agreement
shall be brought in the federal or state courts located in the City of Houston,
County of Harris, Texas. Member consents to the jurisdiction of Texas State
and Federal Courts.
10.2 Official correspondence must be sent via postal mail to:
BBN Entertainment, Inc.
P.O. Box 590222
Houston, TX 77259-0222
10.3 The Service reserves the right, without your permission, to
monitor any and all communications through its facilities for compliance
with the Terms and Conditions. It may become necessary for the Service's
Staff to examine system logs and other records to determine if privacy violations
or other network unfriendly activities have occurred.
10.4 Members that participate in any referral program offered by
the Service are independent contractors, and are not in any partnership,
joint venture, agency, franchise, sales representative, or employment relationship
between the parties. The Member will have no authority to make or accept
any offers or representations on the Service's behalf. Member will not make
any statement, whether on the Member's personal site, through email or otherwise,
that reasonably would contradict anything in this paragraph or in the Terms
of Service as a whole. Members may not send any unsolicited emailings ("Spam")
promoting the Service, or featuring the Service's images, logos or content.
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ACCEPTANCE
11.1 You hereby acknowledge that you have read and understand the
foregoing Member Agreement and agree to be bound by its terms and conditions.
This is a legal binding contract between the Member and the Service. If
any part of this contract fails or is found to be flawed for any reason,
then only that part of this contract can be found to be null and void, however,
the remaining parts of this contract will remain in full force.
Enjoy your Membership. You may send comments on the above terms of service,
or any other matter relating to BBN Entertainment, Inc.'s presence on the World
Wide Web, to
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