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Acceptance of Terms
Welcome to the website (the "website") of bnm-interactive
("bnm-interactive").
On this website, bnm-interactive 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 bnm-interactive
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.
bnm-interactive reserves the right,
at bnm-interactive's sole discretion, 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 bnm-interactive, its subsidiaries, affiliated
companies and/or third-party
licensors. All trademarks, service marks, and trade names
are proprietary to bnm-interactive, 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 bnm-interactive.
Use
of Software on the Website
Any software that is made available to download from the
website ("Software") is the copyrighted work
of bnm-interactive 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,
bnm-interactive, INC. 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, bnm-interactive MAY MAKE AVAILABLE AS PART
OF THE SERVICES OR IN ITS MATERIALS OR SOFTWARE
PRODUCTS, TOOLS AND
UTILITIES FOR USE AND/OR DOWNLOAD. bnm-interactive
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
bnm-interactive SOFTWARE PRODUCTS.
Except as expressly prohibited on this
website, you are permitted to view, copy, print and distribute
publications and documents
within this website (such as FAQs, white papers,
datasheets, press releases and so on), subject
to
your agreement
that: a) your use
of the information is for informational, personal,
and
non-commercial purposes only, b) you will not
modify the documents, publications
or graphics, c) you will not copy or distribute
graphics separate from their accompanying text
and you will
not quote materials
out of their context, d) you will display the
below copyright notice
and other proprietary notices on every copy you
make, and e) you agree that bnm-interactive may
revoke
this permission
at
any time and
you shall immediately stop your activities related
to this permission upon notice from bnm-interactive.
Use
for any
other purpose is expressly
prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted
to
the maximum
extent possible.
The permission above to use documents and publications
does not include permission to copy the design
elements, look
and feel,
or layout of this website. Those elements of
the website are protected by law, such as trade
dress,
trademark,
unfair competition,
and
other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound
or image
from
the website
may
be copied
or retransmitted unless expressly permitted
by bnm-interactive.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE,
bnm-interactive AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE
SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND
PUBLICATIONS
AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE
FOR ANY PURPOSE. EXCEPT AS
EXPRESSLY PROVIDED OTHERWISE, ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED
OTHERWISE, bnm-interactive AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND
CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING
ALL WARRANTIES AND CONDITIONS
OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL bnm-interactive AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT
OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES
WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION AVAILABLE
FROM THE WEBSITE.
THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED
ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. bnm-interactive AND/OR ITS RESPECTIVE
SUPPLIERS
MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN
THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME WITHOUT NOTICE.
Disclaimers
and Other Notices on the User of the Website
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE,
ALL INFORMATION, SOFTWARE, DOCUMENTATION,
MATERIALS,
SERVICES
AND PUBLICATION ARE PROVIDED "AS-IS" WITHOUT
WARRANTY OF ANY KIND AND bnm-interactive HEREBY
DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED
TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS
EXPRESSLY PROVIDED OTHERWISE, bnm-interactive
DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT,
TITLE, OR QUIET
ENJOYMENT. IN NO EVENT SHALL bnm-interactive
AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THIS
WEBSITE,
USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS,
PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE
FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE,
YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY
AND ACCURACY
OF THE
INFORMATION WITHIN THE WEBSITE,
MATERIALS, PUBLICATIONS AND DOCUMENTS.
THE
WEBSITE, MATERIALS, PUBLICATIONS AND
DOCUMENTS MAY CONTAIN
TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS. bnm-interactive
ASSUMES NO RESPONSIBILITY FOR
AND DISCLAIMS ALL LIABILITY FOR ANY SUCH
INACCURACIES, ERRORS
OR OMISSIONS IN THE WEBSITE, MATERIALS,
PUBLICATIONS AND DOCUMENTS AND IN ANY
OTHER REFERENCE.
bnm-interactive MAY MAKE
CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE, WEBSITE,
DOCUMENTS,
PUBLICATIONS, PRICES,
TECHNICAL SPECIFICATIONS,
PRODUCT OFFERINGS AND ANY OTHER INFORMATION
AND MATERIALS ON THE WEBSITE AT ANY
TIME AND WITHOUT
NOTICE.
THE WEBSITE, DOCUMENTS AND PUBLICATIONS
ARE DISTRIBUTED INTERNATIONALLY AND
MAY CONTAIN
REFERENCES OR
CROSS-REFERENCES TO bnm-interactive
PRODUCTS, PROGRAMS, AND SERVICES
THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE
IN YOUR COUNTRY. SUCH REFERENCES
DO NOT IMPLY THAT bnm-interactive INTENDS
TO
ANNOUNCE SUCH PRODUCTS,
PROGRAMS, OR SERVICES
IN YOUR COUNTRY.
CONSULT YOUR LOCAL bnm-interactive
BUSINESS CONTACT FOR INFORMATION
REGARDING THE
PRODUCTS, PROGRAMS
AND SERVICES
WHICH MAY BE
AVAILABLE TO YOU.
THE WEBSITE CONTAINS
LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL
OF bnm-interactive
AND
bnm-interactive IS
NOT RESPONSIBLE FOR
THE CONTENTS ON ANY LINKED SITE
OR ANY LINK CONTAINED IN
A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES. bnm-interactive
IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY
OTHER FORM OF TRANSMISSION RECEIVED
FROM
ANY LINKED
SITE. bnm-interactive
IS
PROVIDING THESE LINKS TO YOU
ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT
IMPLY THAT bnm-interactive ENDORSES
OR ACCEPTS ANY RESPONSIBILITY FOR
THE CONTENT ON SUCH THIRD-PARTY
SITES.
Accounts and Security
If any of the services on the website
requires you to open an account,
you must complete
the registration process
by providing us with
true, current, complete and accurate
information as prompted by the
applicable registration
form, and you
will maintain
and
promptly
update such information to keep
it true, current, complete and
accurate.
You also
will choose a
password and a
user name. You
are entirely responsible for
maintaining the confidentiality of your password
and account.
Furthermore, you
are
entirely responsible for any
and all activities that occur under
your account. You
agree
to notify bnm-interactive immediately
of any unauthorized use of your
account or
any other
breach of security.
bnm-interactive
will not be
liable for any loss that you
may incur as a result of someone else
using your
password
or account,
either with
or without
your knowledge.
However, you could be held liable
for losses incurred by bnm-interactive
or another party due to someone
else using your account or password.
You
may not use
anyone else's
account
at any time,
without the
permission of the account holder.
You
acknowledge and agree that certain
services may provide
password-restricted access
to customer
information such as names and
certain terms of your contracts. By using
this website
and registering
for
such services,
you consent to bnm-interactive's
display of such information via
the services and
accept all risks of unauthorized
access to such information.
If you provide any information
that is false, inaccurate, out
of date,
or incomplete, or bnm-interactive
has reasonable grounds to suspect
that
such information
is false, inaccurate,
not current,
or incomplete,
bnm-interactive may suspend or
terminate your account and refuse
any and all
current or future
use of
the services or any portion
thereof.
You are responsible for all costs
and charges, including without
limitation, phone charges
and telecommunications
equipment,
that you incur in order to use
the services.
No Unlawful or Prohibited
Use
As a condition of your use
of the website, you will not
use
the website
for any
purpose that
is unlawful
or prohibited
by these
terms, conditions, and notices.
You may not use the Services
in any manner
that
could
damage,
disable, overburden,
or impair any
bnm-interactive server, or
the network(s) connected to
any
bnm-interactive server, or
interfere with any other party's
use and
enjoyment of
the website. You may not attempt
to gain unauthorized access
to services, materials,
other accounts,
computer
systems
or networks
connected to any bnm-interactive
server
or to the website, through
hacking, password mining
or any
other means.
You may not obtain or attempt
to obtain any materials or
information through
any means not intentionally
made available through the
website.
Use of Services on
the Website
The website may contain e-mail
services, bulletin board
services, chat areas,
news groups, forums,
communities,
personal web
pages, calendars, photo albums
and/or other message or communication
facilities
designed
to enable
you to communicate
with others
(each a "Communication
Service" and collectively "Communication Services").
You agree to use the Communication Services only
to post, send and receive messages and material
that are proper and, when applicable,
related to the particular Communication Service.
By way of example, and not as a limitation, you
agree that when using the Communication
Services or the website, you will not:
* Use the Communication Services
or the website in connection
with surveys,
contests,
pyramid
schemes, chain letters,
junk email,
spamming or any duplicative
or unsolicited messages (commercial
or otherwise).
* 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, obscene,
obscene as to minors, child
pornography, racist, lewd,
lascivious, filthy, excessively
violent,
harassing, indecent, unlawful,
or otherwise
objectionable topic, name,
material or information.
* Upload, or otherwise make
available, files that contain
images, photographs,
software
or other
material protected
by intellectual
property laws, including,
by way of example, and not
as
limitation, copyright
or trademark
laws
(or by rights
of
privacy or publicity)
unless you own or control
the rights
thereto or have received
all necessary consent
to do the same.
* 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,
cancelbots, corrupted files,
or any other
similar software
or programs that may damage
the operation of another's
computer
or property
of another.
* Advertise or offer to sell
or buy any goods or services
for any
business
purpose,
unless
such
Communication Services specifically
allows such messages.
* Download any file posted
by another user of a Communication
Service
that you know,
or reasonably
should know,
cannot be legally reproduced,
displayed, performed, and/or
distributed in such manner.
* 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.
* Restrict or inhibit any
other user from using and
enjoying
the Communication
Services.
* Violate any code of conduct
or other guidelines which
may be applicable
for any particular
Communication Service.
* 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, download or otherwise
copy, or provide (whether
or not for
a fee) to
a person
or entity any directory
of users
of
the Communication
Services or other user or
usage information or any
portion
thereof.
* Use any bnm-interactive
domain name as a pseudonymous
return
email address
for
any communications that
you transmit from
another location
or through another service.
* Transmit unsolicited or
bulk communications to any
bnm-interactive
account holder
or to any bnm-interactive.com
or affiliated
email address (regardless
of whether you use the website
to transmit any such
communication).
* 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.
bnm-interactive has no obligation
to monitor the Communication
Services. However, bnm-interactive
reserves the right
to review materials posted
to the Communication Services
and
to
remove and/or edit any materials
in its sole discretion.
bnm-interactive
reserves the right to terminate
your access to any or all
of the Communication Services
at any time, without notice,
for
any
reason whatsoever.
bnm-interactive reserves
the right at all times to
disclose
any information
as bnm-interactive
deems
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-interactive's sole
discretion.
Always use caution when giving
out any personally identifiable
information
about
yourself or
your children in any
Communication Services. bnm-interactive
does not control or endorse
the content, messages or
information found in any
Communication
Services and, therefore,
bnm-interactive specifically
disclaims any liability with
regard to the Communication
Services and any actions
resulting from
your
participation in any Communication
Services. Managers and hosts
are not authorized
bnm-interactive spokespersons,
and their
views do not necessarily
reflect those of bnm-interactive.
Materials uploaded to the
Communication Services 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-interactive
or Posted to the Website
Unless otherwise specified,
bnm-interactive does not
claim ownership of the
materials you provide
to bnm-interactive
(including, without
limitation, information,
ideas, concepts, techniques,
feedback,
data, questions, comments
and suggestions, or the like)
or
post, upload, input
or submit to
the website
or
its associated
services
for review by bnm-interactive,
the
general public, and/or by
the members of any
public or private
community (each
a "Submission" and
collectively "Submissions"), and such Submissions shall
be deemed not to be confidential. However, by posting, uploading,
inputting, providing or submitting ("Posting")
your Submission you are granting bnm-interactive,
its affiliated companies
and necessary
sublicensees permission to use your Submission
in connection with the operation of their businesses
(including, without limitation,
all bnm-interactive services), including, without
limitation, the license
rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, modify,
translate and reformat your
Submissions; to publish your name in connection
with your Submission; develop,
manufacture, and market products incorporating
such ideas, concepts, or techniques, and the
right to sublicense such rights to any
supplier of the services and/or materials on
the website.
No compensation will be paid
with respect to the use of
your Submission,
as provided
herein.
bnm-interactive
is
under
no obligation to post or
use any Submission you may
provide and bnm-interactive
may remove
any Submission
at any time in
its sole discretion.
By Posting a Submission you
warrant and represent that
you own or
otherwise control
all of
the rights to your
Submission
as described
in these Terms of Use including,
without limitation, all the
rights necessary
for you to provide,
post, upload, input or
submit the
Submissions.
In addition to the warranty
and representation set forth
above,
by Posting a Submission
that contain images, photographs,
pictures
or that are otherwise graphical
in whole or in part
("Images"),
you warrant and represent that (a) you are the
copyright owner of such Images, or that the copyright
owner of such Images has
granted you permission to use such Images or
any content and/or images contained in such Images
consistent with the manner and
purpose of your use and as otherwise permitted
by these Terms of Use and the website, (b) you
have the rights necessary to
grant
the licenses and sublicenses described in these
Terms of Use, and (c) that each person depicted
in such Images, if any, has
provided
consent to the use of the Images as set forth
in these Terms of Use, including, by way of example,
and not as a limitation,
the
distribution, public display and reproduction
of such Images. By Posting Images, you are granting
(a) to all members of your
private
community (for each such Images available to
members of such private community), and/or (b)
to the general public (for each
such Images
available anywhere on the website, other than
a private community), permission to use your
Images in connection with the use, as
permitted by these Terms of Use, of any of the
services or materials on the
website (including, by way of example, and not
as a limitation, making prints and gift items
which include such Images), and
including, without limitation, a non-exclusive,
world-wide, royalty-free license
to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, modify, translate
and reformat your Images without
having your name attached to such Images, and
the right to sublicense such rights to any supplier
of the services and/or materials
on the website. No compensation will be paid
with respect to the use
of your Images.
You acknowledge that bnm-interactive
does not pre-screen Submissions,
but that bnm-interactive
and its designees
have the right (but
not the obligation) in their
sole discretion to block
or restrict access to or
the availability
of,
or to
disable,
any
Submissions that is available
via the website. Without
limiting the foregoing, bnm-interactive
and its designees may disable,
restrict access
to or the availability
of, any Submissions that
violates
the Terms of Use or is otherwise
objectionable. You must evaluate,
and bear all risks associated
with,
the
use of any
Submissions,
including
any reliance
on the accuracy, completeness,
or usefulness of such Submissions.
You understand that all Submissions,
whether publicly posted or
privately transmitted,
are the sole responsibility
of
the person
from whom such Submissions
originated. This means that
you, and not
bnm-interactive, are entirely
responsible for all
Submissions that
you upload, post, provide,
input, submit, or otherwise
transmit
via
the website.
bnm-interactive
does
not control the Submissions
posted via the website and,
as such, does not
guarantee the accuracy,
integrity or quality of such
Submissions. You understand
that by using the
website, you may
be exposed to
Submissions
from
others
that are offensive, indecent
or objectionable.
Unsolicited
Idea Submission Policy
bnm-interactive OR ANY
OF ITS EMPLOYEES DO NOT
ACCEPT
OR
CONSIDER UNSOLICITED
IDEAS, INCLUDING
IDEAS FOR
NEW ADVERTISING
CAMPAIGNS,
NEW PROMOTIONS,
NEW PRODUCTS OR TECHNOLOGIES,
PROCESSES, MATERIALS, MARKETING
PLANS OR NEW
PRODUCT NAMES. PLEASE
DO NOT SEND ANY ORIGINAL
CREATIVE
ARTWORK, SAMPLES, DEMOS,
OR OTHER WORKS. THE SOLE
PURPOSE
OF THIS
POLICY IS
TO AVOID POTENTIAL
MISUNDERSTANDINGS
OR DISPUTES
WHEN
bnm-interactive'S PRODUCTS
OR MARKETING STRATEGIES
MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO bnm-interactive.
SO,
PLEASE DO
NOT SEND YOUR UNSOLICITED
IDEAS TO bnm-interactive
OR ANYONE AT bnm-interactive.
IF, DESPITE
OUR REQUEST
THAT YOU NOT SEND
US YOUR IDEAS
AND MATERIALS,
YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT
bnm-interactive MAKES NO
ASSURANCES THAT
YOUR
IDEAS AND MATERIALS
WILL BE
TREATED AS
CONFIDENTIAL OR PROPRIETARY.
Spam
E-mail and Postings
You agree that bnm-interactive
would be irreparably
harmed by the use,
by you or
others, of the
website or facilities
in connection with
the transmission of spam
newsgroup postings or
unsolicited e-mail
in violation of
these Terms
of Use, and that
bnm-interactive is entitled
to obtain injunctive
relief against any such
transmission
(in addition
to all
other remedies
available at
law or in equity).
bnm-interactive
reserves the right to
block, filter or delete
unsolicited
e-mail.
Indemnity
You agree to indemnify,
defend and hold bnm-interactive,
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
Submissons, 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.
Advertisements and Promotions
bnm-interactive may run
advertisements and promotions
from third
parties on the website.
The manner,
mode and extent
of advertising by bnm-interactive
is subject to change.
Your correspondence or
business
dealings with, or
participation in promotions
of,
advertisers other
than bnm-interactive
found on or through the
website,
including
payment and
delivery of related goods
or services,
and any other terms,
conditions, warranties
or
representations
associated with
such dealings, are
solely between you and
such advertiser. bnm-interactive
is not responsible
or liable for any loss
or damage of any kind
incurred as the result
of any such dealings
or as
the result of the presence
of such
non-bnm-interactive
advertisers
on the
website.
General Information
The Terms of Use constitute
the entire agreement
between you
and bnm-interactive
and govern
your use of the
website, superseding
any
prior agreements between
you and bnm-interactive
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
bnm-interactive
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 bnm-interactive
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 failure
of bnm-interactive
to exercise or enforce
any right or
provision of
the Terms of
Use does
not constitute a
waiver of such right
or provision. If
a court of competent
jurisdiction
finds
any provision
of the Terms of Use
to be invalid, the
parties
nevertheless
agree
that the court should
endeavor to give
effect to the parties'
intentions
as
reflected in
the provision,
and the other
provisions of the
Terms of Use remain
in full force and
effect. Regardless
of any
statute or
law to the
contrary, any claim
or
cause of action
arising
out of or related
to use of the website
or
the Terms
of
Use must
be filed
within one
(1) year
after such
claim or cause
of action
arose or be forever
barred. The section
titles in
the Terms of Use
are for convenience
only
and have no legal
or contractual effect.
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