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| User
Agreement |
| Last
Revised 5-5-04 |
The
following User Agreement ("Agreement") governs the
use of the brighthouseadvertising.com online service ("Service")
as provided by bright house networks ("Service Provider").
Please read the rules contained in this Agreement carefully.
You can access this Agreement any time at http://www.brighthouseadvertising.com/about_us/user.htm.
Your use of and/or registration on any aspect of the Service
will constitute your agreement to comply with these rules. If
you cannot agree with these rules, please do not use the Service.
These rules may be modified from time to time; the date
of the most recent revisions will appear on this page. Continued
access of the Service by you will constitute your acceptance
of any changes or revisions to the Agreement.
Your failure to follow these rules, whether listed below or
in bulletins posted at various points in the Service, may result
in suspension or termination of your access to the Service,
without notice, in addition to Service Provider's other remedies.
Rules of Usage: |
COMMENTS
BY USERS ARE NOT ENDORSED BY SERVICE PROVIDER:
Service Provider does not necessarily endorse, support, sanction,
encourage, verify, or agree with the comments, opinions, or
statements contained in the Service. Nor does Service Provider
or its third party service providers make any warranties with
respect to any of the merchandise featured or mentioned on the
Service. Any information or material placed online, including
advice and opinions, are the views and responsibility of those
who issue the statements or those who actually sell any merchandise,
and do not necessarily represent the views of Service Provider
or its third party service providers. |
USE
OF THE SERVICE BY YOU:
Your right to use the Service is personal to you -- you may
not authorize others to use the Service, and you are responsible
for all use of the Service by you and by those you allow to
use, or provide access to, the Service. |
- The
Service Provider does not knowingly collect personally identifiable
information from users under the age of 13. Such users are
expressly prohibited from submitting their personally identifiable
information to us, and from using our forums and chat areas;
any information submitted by such users will not knowingly
be used, posted, or retained by us.
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You agree not to use any obscene, indecent, or offensive
language or to place on the Service any material that is
defamatory, abusive, harassing, or hateful. Further, you
may not place on the Service any material that is encrypted,
constitutes junk mail or unauthorized advertising, invades
anyone's privacy, or encourages conduct that would constitute
a criminal offense, give rise to civil liability, or that
otherwise violates any local, state, national or international
law or regulation. You agree to use the Service only for
lawful purposes and you acknowledge that your failure to
do so may subject you to civil and criminal liability.
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You are responsible for ensuring that any material you provide
to the Service or post on a bulletin board or forum, including
but not limited to text, photographs and sound, does not
violate the copyright, trademark, trade secret or any other
personal or proprietary rights of any third party or is
posted with the permission of the owner(s) of such rights.
Material on the Service is for your personal use only. The
Service contains copyrighted and other proprietary information.
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You may not in any way make commercial or other unauthorized
use, by publication, re-transmission, distribution, performance,
caching, or otherwise, of material obtained through the
Service, except as permitted by the Copyright Act or other
law or as expressly permitted inwriting
by this Agreement, Service Provider or the Service.
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You agree not to disrupt, modify or interfere with the Service
or its associated software, hardware and/or servers in any
way, and you agree not to impede or interfere with others'
use of the Service. You further agree not to alter or tamper
with any information or materials on or associated with
the Service.
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Other than connecting to Service Provider's servers by http
requests using a Web browser, you may not attempt to gain
access to Service Provider's servers by any means - including,
without limitation, by using administrator passwords or
by masquerading as an administrator while using the Service
or otherwise.
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You acknowledge that Service Provider has not reviewed and
does not endorse the content of all sites linked to from
this Service and is not responsible for the content or actions
of any other sites linked to from this Service. Your linking
to any service or site is at your sole risk.
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USE
OF MATERIAL SUPPLIED BY YOU:
For information regarding use of the material and information
you supply or communicate with the Service, please see our Privacy
Policy. By posting messages, uploading files, inputting data,
or engaging in any other form of communication through the Service,
you grant us a royalty-free, perpetual, non-exclusive, unrestricted,
worldwide license to use, reproduce, modify, adapt, translate,
enhance, transmit, distribute, publicly perform, display, or
sublicense any such communication (including your identity and
information about you) in any medium (now in existence or hereinafter
developed) and for any purpose, including commercial purposes,
and to authorize others to do so. |
COPYRIGHT
COMPLAINTS:
Service Provider respects the intellectual property of others,
and we ask our users to do the same. Service Provider may, in
appropriate circumstances and at its discretion, suspend or
terminate the access of and take other action against users,
subscribers, registrants and account holders who infringe the
copyright rights of others.
If you believe that your work has been copied and is accessible
on the Service in a way that constitutes copyright infringement,
or that the Service contains links or other references to another
online location that contains material or activity that infringes
your copyright rights, you may notify Service Provider by providing
the following information (as required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set
forth below. |
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 Service
Provider to locate the material;
4. Information reasonably sufficient to permit Service Provider
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.
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;
Copyright Agent:
Jerry Birenz Esq.
Sabin, Bermant & Gould LLP
4 Times Square, 23rd Floor
New York, NY 10036-6526
By phone:
(212) 381-7057
By fax:
(212) 381-7233
By e-mail:
copyrightagent@sbandg.com
Note: Only copyright complaints should be sent to agent.
No other communications will be accepted or responded to.
For communications on other matters, please click here to
contact us.
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MATERIALS
POSTED BY OTHERS:
You agree that Service Provider and its third party service
providers are not responsible, and shall have no liability to
you, with respect to any information or materials issued by
others, including defamatory, offensive or illicit material,
even material that violates this Agreement. |
INDEMNIFICATION:
You agree to indemnify Service Provider and its affiliates,
employees, agents, representatives and third party service providers,
and to defend and hold each of them harmless, from any and all
claims and liabilities (including attorneys fees) which may
arise from your submissions, from your unauthorized use of material
obtained through the Service, or from your breach of this Agreement,
or from any such acts through your use of the Service. |
EDITING
AND DELETIONS:
Service Provider reserves the right, but undertakes no duty,
to review, edit, move or delete any material provided for display
or placed on the Service or its bulletin boards, in its sole
discretion, without notice. |
ADDITIONAL
RULES:
Service Provider reserves the right to post, from time to time,
additional rules of usage that apply to specific parts of the
Service. Such additional rules will be posted in the relevant
parts of the Service, and will be clearly identified. Your continued
use of the Service constitutes your agreement to comply with
these additional rules.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK.
THE SERVICE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER,
ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY,
TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT
NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION
CONTAINED THEREIN OR PROVIDED BY THE SERVICE. SERVICE PROVIDER,
ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT
REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED
OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS
OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED
ON THE SERVICE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR
ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING
OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR
MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE,
INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE
SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE
MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY
FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES
AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS
AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE,
KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY
CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA
RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH
STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
THE DEBTOR".
TERMINATION OF ACCESS TO THE SERVICE:
Service Provider has the right to terminate your ability to
access the Service, for any or no reason, without notice. |
JURISDICTION:
Service Provider makes no representation that materials on the
Service are appropriate, available or legal in any particular
location. Those who choose to access the Service do so on their
own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, shall be governed
and construed in accordance with the laws of the State of Florida
applicable to contracts to be wholly performed therein, and
any action based on or alleging a breach of this Agreement must
be brought in a state or federal court in Florida. In addition,
both parties agree to submit to the exclusive personal jurisdiction
and venue of such courts.
If you don't agree to the terms contained
in this Agreement, please exit the Service.
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