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Policy Last Modified: May 12, 2005
1. TERM AND SERVICE ACKNOWLEDGMENT AND ACCEPTANCE
All services provided by Broadcast Media Communication Productions ("BMC Productions"),
are provided to the Member under the Terms and Conditions
set forth in this Policy Acceptance Statemant ("PAS") and any other
operating rules and policies set forth by BMC Productions. The PAS comprises
the entire agreement between the Member and BMC Productions and supersedes
all prior agreements between the parties regarding the subject
matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND
CLICKING THE "Accept" CHECKBOX, YOU ARE INDICATING YOUR AGREEMENT TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE PAS.
2. SERVICE DESCRIPTION
BMC Productions is providing the Member with a webcasting
service. The Member must provide for the Member's own access to the Internet
and pay any fees related with such connection. The Member agrees to
provide and maintain certain current, complete, and accurate
information about the Member as prompted to do so by the Service.
All information requested on sign-up shall be referred to as
registration data. Furthermore, the Member
grants BMC Productions the right to disclose certain Registration Data about
the Member and Service information where required to do so by any
applicable law or legal process. If any information provided by the
Member is inaccurate, BMC Productions reserves the right to terminate the
Member's membership and right to use the Service, with or without
notification to the Member.
3. SERVICE MODIFICATIONS
BMC Productions reserves the right to modify or discontinue the Service
with or without notice to the Member. BMC Productions shall not be liable to
the Member or any third party should BMC Productions exercise it's right to
modify or discontinue the Service.
4. POLICY ACCEPTANCE STATEMENT MODIFICATIONS
BMC Productions reserves the right to change the terms and conditions of
this PAS as necessary. BMC Productions expects the Member to actively ensure
that it agrees to the current PAS, and a modification date will be
posted on any and all copies of the PAS. Please note that the
Member's use of the Service constitutes an acknowledgement by the
Member to follow and be bound by the PAS and any modifications.
5. REFUND AND PURCHASE POLICY
See our detailed Refund
Policy for information on BMC Productions policies regarding refunds of
purchases. No purchase shall exempt the Member from any part of
this PAS.
6. PRIVACY POLICY
Please see the Privacy
Policy for information on BMC Productions' policies regarding the
Member's personal and user information.
7. SECURITY, PASSWORD, AND MEMBER ACCOUNTS
Once you become a Member of the Service, you shall receive a
password and an account number. You are entirely responsible for any and
all activities which occur under your account. You may change your
password at any time by following the instructions put forth
elsewhere on the web site. The Member agrees to immediately notify
BMC Productions of any unauthorized use of the Member's account or any other
breach of security known to the Member.
8. LIMITATION OF LIABILITY
BMC PRODUCTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASE OR OBTAINED OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF THE MEMBER'S TRANSMISSIONS
OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA, OR OTHER INTANGIBLE, EVEN IF BMC PRODUCTIONS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO THE MEMBER OR GUEST VIEWER.
9. DISCLAIMER OF WARRANTIES
THE MEMBER EXPRESSLY AGREES THAT THIS WEBSITE AND THE USE OF THE
SERVICE IS AT THE MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. BMC PRODUCTIONS EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BMC PRODUCTIONS MAKES NO
WARRANTY THAT THE SERVICE WILL MEET THE MEMBER'S REQUIREMENTS, OR
THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; NOR DOES BMC PRODUCTIONS MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE MEMBER UNDERSTANDS
AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED, VIEWED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE MEMBER'S OWN
DISCRETION AND RISK AND THAT THE MEMBER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO THE MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. BMC PRODUCTIONS MAKES
NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE SERVICE OR IN ANY TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY THE MEMBER FROM BMC PRODUCTIONS OR THROUGH THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO THE MEMBER.
10. RESALE OF THE SERVICE
The Member's right to use the Service is personal to the Member.
The Member agrees not to resell the Service without the express
consent of BMC Productions.
11. CLIENTS CONTENT AND OTHER LIMITATIONS
BMC Productions assumes no responsibility for the content of any material
streamed from the event, to the website, on the host provided from the Service. BMC Productions has no
control over the content of the live streaming video or other material; however, BMC Productions retains the right, on BMC Productions' sole
discretion, to determine whether or not the Member's conduct is
consistent with the letter and spirit of the PAS and may terminate
the Service if the Member's conduct is found to be inconsistent with
the PAS.
12. MEMBER CONDUCT
The Member is solely responsible for the contents of his/her
Service. The Member's use of the Service is subject to
all applicable local, state, federal, and international laws and
regulations. The Member agrees: (1) to comply with all local,
state, and federal laws regarding the transmission of technical data
exported from the United States through the service; (2) not to use
the Service for illegal purposes; (3) not to interfere with or
disrupt networks connected to the Service; and (4) to comply with
all regulations, policies, and procedures of networks connected to
the Service. The Member agrees not to transmit through the service any
unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind or
nature. A cleanup fee of $100.00/hour (minimum 4 hours) may be
assessed by BMC Productions for violation of these terms. The Member further
agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national, or
international law or regulation. Attempts to gain unauthorized
access to other computer systems are prohibited. The Member shall
not interfere with another Member's use and enjoyment of the Service
or another entity's use and enjoyment of similar services. BMC Productions
may, at its sole discretion, immediately terminate the Service
should the Member's conduct fail to conform to the terms and
conditions of the PAS.
13. INDEMNIFICATION
The Member agrees to indemnify and hold BMC Productions, its parents,
subsidiaries, affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of the Member's use of the
Service, the violation of this PAS by the Member, or the
infringement by the Member, or other user of the Service using the
Member's computer, of any intellectual property or any other right
of any person or entity.
14. SERVICE TERMINATION
Either the Member or BMC Productions may terminate the Service with or
without cause at any time and may do so immediately. BMC Productions shall
not be liable to the Member or any third party for termination of
the Service. Should the Member object to any terms or conditions of
the PAS or any subsequent modifications thereto or become
dissatisfied with the Service in any way, the Member's only recourse
is to immediately: (1) discontinue use of the Service; (2) terminate
the Member's membership; and (3) notify BMC Productions of the Member's
termination. Upon termination of the Service, the Member's right to
use the Service immediately ceases. The Member shall have no right
and BMC Productions will have no obligation thereafter to handle accounts or
service for the Member or any third party related to that Member.
15. NOTICE
All notices to a party shall be sent via e-mail or first-class
mail. BMC Productions may or may not post notices or messages through
the Service to inform the Member of changes to the PAS, the Service,
the Website or other substantive changes; such postage shall
constitute notice to the Member.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
The BMC Productions Website or the Service may include links to websites
of advertisers, sponsors or partners (the "Advertisers"), but
inclusion of these links does not constitute BMC Productions' endorsement of
those websites. BMC Productions has no control over the content of those
websites or the collection and usage of personal information at or
by those websites and therefore has no liability to the Member or
any third parties for transactions on websites other than the BMC Productions
website.
The Member may enter into correspondence with or participate in
promotions of the Advertisers showing their products on the Service.
Any such correspondence or promotions, including the delivery of and
the payment for goods and services, and any other terms, conditions,
warranties, or representations associated with such correspondence
or promotions, are solely between the corresponding Member and the
Advertiser. BMC Productions assumes no liability, obligation, or
responsibility for any part of any such correspondence or
promotion.
17. PROPRIETARY RIGHTS TO CONTENT
The Member acknowledges that the Content, including but not
limited to text, software, music, sound, photographs, video,
graphics, or other material contained in either sponsor
advertisements or e-mail-distributed, commercially produced
information presented to the Member by the Service by BMC Productions or
BMC Productions' Advertisers, is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws; therefore,
Member is only permitted to use this Content as expressly authorized
by the Service or the Advertisers. The Member may not copy,
reproduce, distribute, or create derivative works from this Content
without expressly being authorized to do so by the Service or the
Advertisers.
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