Brianna's forum is a free service provided to users of Zbone's web site. By posting a message on the Brianna forum, you agree to be bound by the following terms and conditions. If you do not wish to be bound by these terms, then please do not use the Brianna forum.
You understand that all messages appearing here are the sole responsibility of those persons posting the message. This means that you, and not Brianna, are entirely responsible for all information and material that you post on the Brianna forum. Brianna does not control the content of any messages posted on Brianna forum and does not guarantee the accuracy, integrity or quality of anything on the Brianna forum or any products or services that may appear here. You understand that by using the Brianna forum, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Brianna be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained in the Brianna forum.
You agree not to do any of the following while using the Brianna forum:
1) transmit any message, information, data, text or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;
2) impersonate any person or entity, including but not limited to, Brianna, moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3) post or transmit any software or graphic files on the Brianna's forum or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
4) post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation in the Brianna's forum;
5) unfairly interfere with any third party's uninterrupted use and enjoyment of zbone.com, including but not limited to flooding, DOS attacks, spamming, or other methods;
6) intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law while using or accessing the Brianna forum;
7) upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to Brianna's forum, you automatically grant, (or warrant that the owner of such Content has expressly granted) Brianna the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
8) post information detailing illegal acts with specific names or locations;
Brianna and its designees shall have the right in their sole discretion to edit, refuse to post, or remove any Content posted on the Brianna's forums and to move Content to other areas of the Brianna forum. Without limiting the foregoing, Brianna and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold Brianna harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.
COPYRIGHTED INFORMATION:
Message boards sometimes contain material in which users share material they have copied electronically from other sources. Because there are many thousands of possible sources spread out across the Internet, e.g., newspapers, scientific journals and forums, it is impossible to determine if any message on the Brianna's forum infringes the copyright of another party. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Brianna so the situation can be promptly addressed. To notify us, please email me.
PRIVACY:
It is Brianna's policy to take reasonable measures to respect the privacy of Brianna's users. Brianna will take reasonable measures not to disclose information about you or the contents of your communications, other than Content that is publicly available or accessible via the Brianna forum, except that Brianna may do so in the good faith belief that such action is reasonably necessary (a) to comply with the law; (b) to comply with legal process; (c) to enforce these terms and conditions; (d) to respond to claims that any Content violates the rights of third parties; or (e) to protect the interests of Brianna or others.
LINKS:
The Brianna forum may provide and users may include in messages, links to other web sites or resources. Brianna is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Brianna shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT USE OF THE BRIANNA FORUM IS AT YOUR OWN RISK. BRIANNA SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON THE BRIANNA FORUM. BRIANNA 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 NONINFRINGEMENT. BRIANNA MAKES NO WARRANTY THAT ANY CONTENT ON THE BRIANNA FORUM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BRIANNA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUCH INFORMATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE BRIANNA FORUM. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Brianna's FORUM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT.
LIMITATION OF LIABILITY:
TO THE FULL EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, BRIANNA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE BRIANNA FORUM OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE BRIANNA FORUM OR RESULTING FROM ALTERATION OR DELETION OF ANY MESSAGES, EVEN IF BRIANNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MISCELLANEOUS:
These terms and conditions shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions. You and Brianna agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California. The failure of Brianna to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intention reflected in the provision, and the other provisions of these terms and conditions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Brianna Bulletin Board or these terms and conditions must be filed within one (1) year after such claim or cause of action arose. The section titles herein are for convenience only and have no legal or contractual effect. Brianna reserves the right to change these terms and conditions at any time and from time to time.
|