Terms of Use
Acceptance of Terms
Welcome to the
website (hereinafter "website") of B&M MODERN MEDIA
INC. (hereinafter "B&M"). On this
website, B&M makes available to you a wide range of
information, software, products, downloads, documents,
communications, files, text, graphics, publications, content,
tools, forums, resources, and services.
PLEASE READ THE
TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing and
using this website in any way, including, without limitation,
browsing the website, using any information, using any content,
using any services, downloading any materials, and/or placing an
order for products or services, you agree to and are bound by the
terms of use described in this document ("Terms of
Use"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS
CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY
MANNER. The Terms of Use are entered into by and between B&M and you. If you are using the website on behalf of your
employer, you represent that you are authorized to accept these
Terms of Use on your employer's behalf.
B&M
reserves the right, at the sole discretion of B&M, to
change, modify, update, add, or remove portions of the Terms of
Use at any time without notice to you. Please check these Terms of
Use for changes. Your continued use of this website following the
posting of changes to the Terms of Use will mean you accept those
changes.
Use of Materials
Limitations
All materials
contained in the website are the copyrighted property of B&M, its subsidiaries, affiliated companies and/or third-party
licensors. All trademarks, service marks, and trade names are
proprietary to B&M, or its subsidiaries or affiliated
companies and/or third-part licensors. Unless otherwise specified,
the materials and services on this website are for your personal
and non-commercial use, and you may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information,
software, products or services obtained from the website without
the written permission from B&M.
Use of Software on the
Website
Any software that
is made available to download from the website
("Software") is the copyrighted work of B&M
and/or its suppliers. Use of the Software is governed by the terms
of the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"), or as
expressly stated on the website pages accompanying the software.
An end user will be unable to download or install any Software
that is accompanied by or includes a License Agreement, unless he
or she first agrees to the License Agreement terms.
The Software is
made available for download solely for use by end users according
to the License Agreement. Any use, reproduction or redistribution
of the Software not in accordance with the License Agreement is
expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum
extent possible. Absent a License Agreement that accompanies the
Software, use of the Software will be governed by the Terms of
Use.
WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,
BROADCASTING & MULTIMEDIA LTD.. HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
FOR YOUR
CONVENIENCE, B&M MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS MATERIALS OR SOFTWARE PRODUCTS, TOOLS AND
UTILITIES FOR USE AND/OR DOWNLOAD. SERIOUS MAGIC DOES NOT MAKE ANY
ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT
THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. YOU
SHALL RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN
B&M SOFTWARE PRODUCTS.
Use of Services on the
Website
The website may contain e-mail services,
bulletin board services, news groups, forums,
communities, personal web pages, calendars, photo albums and/or
other message. You agree to use the website only
to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree
that when using the website, you
will not:
- Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, obscene,
obscene as to minors, child pornography, racist, lewd,
lascivious, filthy, excessively violent, harassing, indecent,
unlawful, or otherwise objectionable topic, name, material or
information.
- Use any material or information,
including images or photographs, which are made available
through the website in any manner that infringes any
copyright, trademark, patent, trade secret, or other
proprietary right of any party.
- Upload files that contain viruses, Trojan
horses, worms, time bombs, corrupted files, or any
other similar software or programs that may damage the
operation of another's computer or property of another.
- Falsify or delete any copyright
management information, such as 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.
- Harvest or otherwise collect information
about others, including e-mail addresses.
- Violate any applicable laws or
regulations.
- Create a false identity for the purpose
of misleading others.
- Use any B&M domain name as a
pseudonymous return email address for any communications that
you transmit from another location or through another service.
- Disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other users
of the website are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real
time exchanges.
B&M reserves the
right to review materials posted to the website and
to remove and/or edit any materials in its sole discretion.
B&M reserves the right to terminate your access to any
or all of the website at any time, without notice,
for any reason whatsoever.
Indemnity
You agree to indemnify, defend and hold
B&M, and its subsidiaries, affiliates, officers, agents,
co-branders, partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your Submissions, your use of the
website, including any use by your employees, your connection to
the website, your violation of the Terms of Use, or your violation
of any rights of another.
General Information
The Terms of Use constitute the entire
agreement between you and B&M and govern your use of the
website, superseding any prior agreements between you and B&M on the subject matter (including, but not limited to, any
prior versions of the Terms of Use). Notwithstanding the prior
provision, to the extent, and only to the extent, that any terms
set forth in this Terms of Use expressly contradicts any terms of
a prior written agreement between you and B&M in effect
as of the date of your use of the website and specifically
regarding your use of the website ("Executed
Agreement"), such contradictory terms set forth in the
Executed Agreement shall govern. You also may be subject to
additional terms and conditions that may apply when you use other
B&M services, third-party content or third-party
software. You must not assign or otherwise transfer the Terms of
Use nor any right granted hereunder.
The international
copyright law and govern any action related to the Terms of Use, without regard
to the principles of choice of law.
B&M controls and operates this
website and makes no representation that this website is
appropriate or available for use in other locations.
©1995 - 2010
B&M MODERN MEDIA INC..
