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
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.
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.
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.
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.
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.
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.
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.
7.5 If Member would like to cancel, contact us and request cancellation. Do not deny/chargeback the charge with your credit card company as the does considerable damage to us with our processor along with getting charged large fees for each chargeback. If you chargeback your membership a $25 fee for each will be charged and you will be banned from our family of websites.
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.
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 or by Email (see below). If the Member requests cancellation of the
automatic subscription service only, 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 Email cancellation requests: We will accept cancellation requests via e-mail but due to the lack of control over communication systems that we do not operate (i.e. ISP mail servers, Internet connections, spam filters, etc), receipt of your cancellation request is not guaranteed. If you prefer to send your cancellation via email, you must receive a confirmation email from us of this request in order to determine if the request was received. If you do not receive an email confirmation, please resend your request.
9.3 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.
9.4 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.
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.
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 online presence by contacting us.