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Terms of Use
By accessing and/or using this site (the "Site") you evidence
your approval and acceptance of the following terms. The Site is
offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use
of the Site constitutes your agreement to all such terms, conditions,
and notices.
Ownership; Restrictions
All materials contained in this Site are the copyrighted property
of bravenewMEDIA ("BNM"), its partners and affiliates (the "Related
Parties"). The names, logos " bravenewMEDIA", "*spark-online”
and all titles, characters, names and graphics contained in the
Site or sites of Related Parties are property of BNM. To reproduce,
republish, upload, post, transmit, modify, distribute or publicly
perform or display material from this Site, you must first obtain
written permission from BNM. You may view and download material
from this Site for your personal, non-commercial home use only.
Discussion Forums
The Site may contain one or more bulletin board services, chat areas,
forums and/or other communication facilities designed to enable
you to communicate with the public at large or with a group (collectively,
the "Forums"). You agree to use the Forums only to post, send
and receive messages and materials that are proper and related to
the particular Forum. By way of example, and without limiting the
foregoing, you agree that when using a Forum, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of
others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information.
- Upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received
all necessary consents.
- Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of
another's computer.
- Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Forum specifically allows such
messages.
- Conduct or forward surveys, contests, pyramid schemes or chain
letters.
- Download any file posted by another user of a Forum that you
know, or reasonably should know, cannot be legally distributed
in such manner.
- Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that
is uploaded.
- Restrict or inhibit any other user from using and enjoying the
Forum.
- Violate any code of conduct or other guidelines which may be
applicable for any particular Forum.
- Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
BNM has no obligation to monitor the Forums. However, BNM reserves
the right to review materials posted to a Forum and to remove or
edit any materials in its sole discretion. BNM reserves the right
to terminate your access to any or all of the Forums at any time
without notice for any reason whatsoever. BNM reserves the right
at all times to disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials,
in whole or in part, in BNM's sole discretion. Always use caution
when giving out any personally identifying information about yourself
or your children in any Forum. BNM does not control or endorse the
content, messages or information found in any Forum and, therefore,
BNM specifically disclaims any liability with regard to the Forums
and any actions resulting from your participation in any Forum.
Materials uploaded to a Forum may be subject to posted limitations
on usage, reproduction and/or dissemination, you are responsible
for adhering to such limitations if you download the materials.
Materials Provided to BNM or Posted at the Site
BNM does not claim ownership of the submissions you provide to BNM
(including feedback and suggestions) or post, upload, input or submit
to the Site, including any information, suggestions, ideas, drawings
or concepts (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
BNM and its affiliates permission to use your Submission in connection
with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your
Submission for any purpose BNM chooses, commercial, public or otherwise.
No compensation will be paid with respect to the use of your Submission,
as provided herein. BNM is under no obligation to post or use any
Submission you may provide and may remove any Submission at any
time in BNM's sole discretion. You agree that no joint venture,
partnership, employment, or agency relationship exists between you
and BNM as a result of this agreement or use of the Site. By posting,
uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
Disclaimer of Warranties and Damages; Limitation of Liability
BNM makes no representation that the materials contained in the
Site are appropriate or authorized for use in all countries, states,
provinces, or any other jurisdictions. If you choose to access this
Site, you do so on your own initiative and risk and are responsible
for compliance with all applicable laws. The materials in this Site
are provided "as is" and without warranties of any kind either express
or implied. To the fullest extent permissible pursuant to applicable
law, BNM disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability and fitness
for a particular purpose. BNM does not warrant or represent that
the information contained in the Site is accurate, complete, correctly
sequenced, reliable or timely, or that the Site will be uninterrupted
or free of errors and/or viruses. You use the Site at your sole
risk. Under no circumstances, including but not limited to breach
of contract, tort or negligence, will BNM, Related Parties, or licensors
be liable for any direct, indirect, special, punitive, or consequential
damages (including lost profits or legal fees) that arise out of
or in connection with any errors, inaccuracies, omissions, defects,
lack of timeliness or authenticity, of any content in the Site,
or the use or inability to use this Site or any content therein.
In no event shall BNM's and/or Related Parties' aggregate liability
to you for any loss, damage or claim related to or arising out of
this Site exceed the total amounts paid by you to BNM for accessing
this Site, if any.
Updates
BNM may amend or modify this Agreement or impose new conditions
at any time upon inclusion of a notice on the Site signifying that
this agreement has been updated. Any use of the Site by you after
such update shall be deemed to constitute acceptance by you of such
amendments, modifications or new conditions.
Links To Third Party Sites
This Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of BNM and BNM is not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. BNM is not responsible for webcasting
or any other form of transmission received from any Linked Site.
BNM is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by BNM of the Linked
Site or any association with its operators.
Miscellaneous
This agreement will be governed by law of British Columbia,
Canada, without effect to any principles of conflicts of laws. If
any provision of this agreement is held by a court of competent
jurisdiction to be illegal, invalid or unenforceable, the remaining
provisions shall remain in full force and effect.
Copyright 1999 BNM. All rights reserved. This material may not
be published, broadcast, rewritten or redistributed.
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