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Description of BSN News Services and Acceptance of Terms of Use
Welcome to this BB Studios News Network. The services offered by BSN News
include www.bbstudios.tv, www.worldofpaper.com, www.brandonbernicky.com,
www.submitjokesonline.com, , the BSN News Windows Phone 7 application, the BSN
iPhone application, and any BSN News• branded URL, WAP site and mobile
application (collectively, the “Site”), BSN News messaging services, video
services, RSS feeds, podcasting services, mobile services, and any other
feature, content, or applications offered from time to time by BSN News in
connection with BSN News’ business (collectively, the "BSN News Services"). BSN
News is based in the United States and the BSN News Services are hosted in the
United States. BSN News is a part of the United States based operations of News
Corporation.
BSN News furnishes the Site and the BSN News Services for your personal
enjoyment and entertainment. By visiting the Site (whether or not you are a
registered member) or using the BSN News Services, you accept and agree to be
bound by this Terms of Use Agreement, including any future modifications
("Agreement"), and to abide by all applicable laws, rules and regulations
(“Applicable Law”). Please read through this Agreement carefully. BSN News may
modify this Agreement at any time, and each such modification will be effective
upon posting on the Site. All material modifications will apply prospectively
only. Your continued use of the Site or the BSN News Services following any such
modification constitutes your acceptance and agreement to be bound by the
Agreement as so modified. It is therefore important that you review this
Agreement regularly. If you do not agree to be bound by this Agreement and to
abide by all Applicable Law, you must discontinue use of the BSN News Services
immediately. You may receive a copy of this Agreement by emailing us at:
BSNnewsonline@BSNnews.com, Subject: Terms of Use Agreement.Your access to and
use of certain BSN News Services may require you to accept additional terms and
conditions applicable to such BSN News Services, in addition to this Agreement,
and may require you to download Software or Content (each as defined below).
Eligibility for Site Registration and Account Security
Children under the age of 13 are not authorized to post messages or
participate in “Forums” (as defined below) on the Site. All registration
information you submit to create an account must be accurate and must be kept
updated. You are responsible for maintaining the confidentiality of your
password and are responsible for all use of your account. It is therefore
critical that you do not share your password with anyone. You agree not to use
the account, username, email address or password of another [member or
subscriber] at any time. You agree to notify BSN News immediately if you suspect
any unauthorized use of, or access to, your account or password.
Termination
This Agreement remains in full force and effect while you use the BSN News
Services. BSN News may terminate your account and/or access to the BSN News
Services at any time, for any or no reason, with or without prior notice or
explanation, and without liability. Furthermore, even after your user account or
access to the BSN News Services is terminated, this Agreement will remain in
effect. You agree that your account is non• transferable and any rights to your
account terminate upon your death.
Fees
You acknowledge that BSN News reserves the right to charge subscription
fees for any portion of the BSN News Services. BSN News will provide you with at
least 30 days advance notice of any such fees, including any change in the
amount of such fees, and a way to cancel your account or subscription in the
event you do not wish to pay the modified fee. If you continue to use the BSN
News Services after the subscription fee has been increased, you are expressly
agreeing to the increased subscription fee and you will be responsible for
paying such subscription fee for the balance of your subscription. If BSN News
suspends or terminates your account and/or access to the BSN News Services
because you have breached the Agreement or violated Applicable Law, you will not
be entitled to a refund of any unused portion of such fees or other payments.
Purchasing Site Services or Products
If you purchase any service or product on the Site, (“Site Product”), you
may be required to provide personal information, including credit card and
billing information ("Personal Financial Information”), to an independent third
party company (or companies) selected by, but not affiliated with, BSN News (the
“Processor”). Where the Processor is responsible for collecting, transmitting
and/or processing your Personal Financial Information and, in some instances,
for fulfilling your order, all payment obligations for Site Products shall be
governed by the terms of use/service and privacy policy(ies) of the Processor.
If you make a purchase from the Site you are warranting that you are authorized
to make the purchase using the form of payment card that you provide to the
Processor. You must be 18 years of age or older to purchase a Site Product.
BSN News makes no warranty, and accepts no liability for any loss or
damages whatsoever, relating to or in connection with your placement of an order
for a Site Product with the Processor. BSN News provides no refunds for
purchases you make on the Site. You are solely responsible for any and all
transactions utilizing your Personal Financial Information, including, but not
limited to, any and all charges. You acknowledge and agree that in the event
Processor experiences a data breach that affects your Personal Financial
Information, BSN News will in no way be responsible or liable to you for any
such breach.
BSN News will not store any record of Personal Financial Information
related to purchases or other transactions you make through the BSN News
Services. You should therefore maintain records of all your transactions. If you
have any questions regarding your transactions or believe that there is an error
or unauthorized transaction or activity associated with transactions utilizing
your Personal Financial Information, you must contact the Processor.
BSN News Content
The BSN News Services contain information, text, files, images, images,
video, sounds, musical works, works of authorship, applications, and any other
materials or content (collectively, “Content”) of BSN News ("BSN News Content").
BSN News Content is protected by copyright, trademark, patent, trade secret and
other laws, and as between you and BSN News, BSN News owns and retains all
rights in the BSN News Content and the BSN News Services. BSN News hereby grants
you a limited, revocable, nonsublicensable license to access and display the BSN
News Content (excluding any software code) solely for your personal, non•
commercial use in connection with viewing the Site and using the BSN News
Services. The BSN News Services may also contain Content of users and other BSN
News licensors. Except as provided in this Agreement or as explicitly allowed on
the BSN News Services, you may not copy, download, stream capture, reproduce,
duplicate, archive, upload, modify, translate, publish, broadcast, transmit,
retransmit, distribute, perform, display, sell or otherwise use any Content
appearing on or through the BSN News Services.
Except as explicitly and expressly permitted by BSN News, you are strictly
prohibited from creating works or materials (including but not limited to fonts,
icons, link buttons, wallpaper, desktop themes, on• line postcards, montages,
mash• ups and similar videos, greeting cards and unlicensed merchandise) that
derive from or are based on the BSN News Content. This prohibition applies
regardless of whether the derivative works or materials are sold, bartered or
given away. You may not either directly or through the use of any device,
software, internet site, web• based service or other means remove, later,
bypass, avoid interfere with, or circumvent any copyright, trademark, or other
proprietary notices marked on the Content or any digital rights management
mechanism, device, or other content protection or access control measure
associated with the Content including geo• filtering mechanisms. You may not
build a business utilizing the Content, whether or not for profit. Furthermore,
you may not create, recreate, distribute or advertise an index of any portion of
the Content unless you receive prior written authorization from BSN News.
Requests for permission to reproduce or distribute materials found on the Site
can be made by contacting BSN News in writing at: Legal Department, BSN News
Network, L.L.C., 1211 Avenue of the Americas, New York, New York 10036, or by
emailing ldepartment@BSNnews.com,
Subject: Content Request.
Your Use of BSN News Services
The BSN News Services are offered for your personal use only and may not
be used for commercial purposes unless you receive prior written authorization
from BSN News. BSN News reserves the right to remove commercial content in its
sole discretion. You understand that you are responsible for all Content that
you post, upload, transmit, email or otherwise make available on, through or in
connection with the BSN News Services (collectively, “User Content”).
Accordingly, please choose carefully the information that you post on, through
or in connection with the BSN News Services. You understand that BSN News does
not control the User Content posted by users via the BSN News Services and, as
such, you understand you may be exposed to offensive, indecent, inaccurate or
otherwise objectionable Content. BSN News assumes no responsibility or liability
for this type of Content. You agree not to use the BSN News Services to:
• Post, upload or otherwise transmit or link to Content that is: unlawful;
threatening; harmful; abusive; pornographic or includes nudity; offensive;
harassing; excessively violent; tortuous; defamatory; invasive of another’s
privacy, publicity, copyright, trademark, patent, trade secret, contract or
other rights; false or misleading; obscene; vulgar; libelous; hateful; or
discriminatory;
• Violate the rights of others including patent, trademark, trademark,
trade secret, copyright, privacy, publicity or other proprietary rights;
• Harass or harm another person;
• Exploit or endanger a minor;
• Impersonate or attempt to impersonate any person or entity;
• Introduce or engage in activity that involves the use of viruses, bots,
worms, or any other computer code, files or programs that interrupt, destroy, or
limit the functionality of any computer software or hardware or
telecommunications equipment, or otherwise permit the unauthorized use of or
access to a computer or a computer network;
• Interfere with, damage, disable, disrupt, impair, create an undue burden
on, or gain unauthorized access to the BSN News Services, including BSN News’
servers, networks or accounts;
• Cover, remove, disable, block or obscure advertisements or other
portions of the BSN News Services;
• Use technology or any automated system such as scripts or bots in order
to collect usernames, passwords, email addresses or other data from the BSN News
Services, or to circumvent or modify any security technology or software that is
part of the BSN News Services;
• Send or cause to send (directly or indirectly) unsolicited bulk messages
or other unsolicited bulk communications of any kind through the BSN News
Services. If you do so, you acknowledge you will have caused substantial harm to
BSN News, but that the amount of harm would be extremely difficult to measure.
As a reasonable estimation of such harm, you agree to pay BSN News $50 for each
actual or intended recipient of such communication;
• Solicit, collect or request any personal information for commercial or
unlawful purposes;
• Post, upload or otherwise transmit an image or video of another person
without that person’s consent;
• Engage in commercial activity (including but not limited to sales,
contests, or sweepstakes) without BSN News’ prior written consent;
• Use the BSN News Services to advertise or promote competing services;
• Use the BSN News Services in a manner inconsistent with any and all
Applicable Law;
• Attempt, facilitate or encourage others to do any of the foregoing.
BSN News reserves the right, but disclaims any obligation or
responsibility, to remove User Content that violates this Agreement, as
determined by BSN News in its sole discretion. You acknowledge BSN News reserves
the right to investigate and take appropriate legal action against anyone who,
in BSN News’ sole discretion, violates this Agreement, including but not limited
to, terminating their user account and/or reporting such User Content, conduct,
or activity to law enforcement authorities.
You acknowledge, consent and agree that BSN News may access, preserve or
disclose information you provide to the Site, including User Content, when BSN
News has a good faith belief that such access, preservation or disclosure is
necessary in order to: (i) protect or defend the legal rights or property of BSN
News, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their
employees, agents and contractors (including enforcement of our agreements);
(ii) protect the safety and security of users of the BSN News Services or
members of the public including acting in urgent circumstances; (iii) protect
against fraud or for risk management purposes; or (iv) comply with the law or
legal process.
Message Boards and Public Forums
The Site offers users the ability to post public messages on message
boards and forums (“Forums”), which may be open to the public generally, to all
members of the Site, or to a select group of members to a specific Forum group.
You acknowledge that messages posted on such Forums are public, and BSN News
cannot guarantee the security of any information you disclose through any Forum;
you make such disclosures at your own risk. BSN News is not responsible for the
content or accuracy of any information posted on a Forum, and shall not be
responsible for any decisions made based on such information. BSN News reserves
the right, but disclaims any obligation or responsibility, to prevent you from
posting User Content to any Forum and to restrict or remove your User Content
from a Forum for any reason at any time.
Your Proprietary Rights
BSN News does not claim any ownership rights in the User Content that you
post, upload, email transmit, or otherwise make available on, through or in
connection with the BSN News Services; provided, however, that User Content
shall not include any Content posted by a user that is already owned by BSN News
or any Affiliated Company. By posting any User Content on, through or in
connection with the BSN News Services, you hereby grant to BSN News and our
Affiliated Companies, licensees and authorized users, a perpetual, non•
exclusive, fully• paid and royalty• free, sublicensable, transferable (in whole
or in part), worldwide license to use, modify, excerpt, adapt, create derivative
works and compilations based upon, publicly perform, publicly display,
reproduce, and distribute such User Content on, through or in connection with
the BSN News Services or in connection with any distribution or syndication
thereof to Third Party Services (as defined below), on and through all media
formats now known or hereafter devised, for any and all purposes including, but
not limited to, promotional, marketing, trade or commercial purposes. BSN News’
use of such User Content shall not require any further notice to you and such
use shall be without the requirement of any permission from or payment to you or
to any other person or entity. BSN News reserves the right to limit the storage
capacity of User Content that you post on, through or in connection with the BSN
News Services.
You represent and warrant that: (i) you own the User Content posted by you
on, through or in connection with the BSN News Services, or otherwise have the
right to grant the license set forth in this Section, and (ii) the posting of
User Content by you on, through or in connection with the BSN News Services and
Third Party Services does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person or entity. You
agree to pay for all royalties, fees, and any other monies owing any person or
entity by reason of the use of any User Content posted by you on or through the
BSN News Services or Third Party Services.
Copyrights and Other Intellectual Property
BSN News respects the intellectual property of others, and requires that
our users do the same. You may not upload, embed, post, email, transmit or
otherwise make available any material that infringes any copyright, patent,
trademark, trade secret or other proprietary rights of any person or entity. BSN
News has a policy of terminating repeat infringers’ access to the BSN News
Services in appropriate circumstances, as well as posting who the offender was.
Third Party Links and Services
The BSN News Services may provide, or third parties may provide, links to
other websites, applications, resources or other services created by third
parties (“Third Party Services”). When you engage with a Third Party Service,
you are interacting with the third party, not with BSN News. If you choose to
use a Third Party Service and share information with it, the Third Party
Services may use and share your data in accordance with the Third Party
Service’s privacy policy and your privacy settings on such Third Party Service.
In addition, the third party providing the Third Party Service may use other
parties to provide portions of the application or service to you, such as
technology, development or payment services. BSN News is not responsible for and
makes no warranties, express or implied, as to the Third Party Services or the
providers of such Third Party Services (including, but not limited to, the
accuracy or completeness of the information provided by such Third Party Service
or the privacy practices thereof). Inclusion of any Third Party Service or a
link thereto on the BSN News Services does not imply approval or endorsement of
the Third Party Service. BSN News is not responsible for the content or
practices of any websites other than the Site, even if the website links to the
Site and even if it is operated by an Affiliated Company or a company otherwise
connected with the Site. By using the BSN News Services, you acknowledge and
agree that BSN News is not responsible or liable to you for any content or other
materials hosted and served from any website other than the Site. When you
access Third Party Services, you do so at your own risk. BSN News encourages you
not to provide any personally identifiable information to any Third Party
Service unless you know and are comfortable with the party with whom you are
interacting. If you are interested in creating hypertext links to the Site, you
must contact the Legal Department at BSN News at ldepartment@BSNnews.com,
Subject: Request for Permission to Link to Site, before doing so. In
establishing hypertext links, you must not represent in any way, expressly or by
implication, that you have received the endorsement, sponsorship or support of
the Site or BSN News, including its respective employees, agents, directors,
officers or shareholders.
Member Disputes
You are solely responsible for your interactions with other BSN News
users, providers of Third Party Services or any other parties with whom you
interact on, through or in connection with the BSN News Services. BSN News
reserves the right, but has no obligation, to become involved in any way with
these disputes.
Privacy
Use of the BSN News Services is also governed by our
Privacy Policy, which is incorporated into this Agreement
by this reference.
Disclaimers
The BSN News Services are provided "AS• IS" and “as available” and BSN
News does not guarantee or promise any specific results from use of the BSN News
Services. BSN News expressly disclaims any warranties and conditions 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. In particular, BSN News makes no warranty that your use of the BSN
News Services will be uninterrupted, timely, secure or error• free or that any
information obtained by you on, through or in connection with the BSN News
Services or Third Party Services (including but not limited to, through User
Content or third party advertisements) will be accurate or reliable. Under no
circumstances will BSN News be responsible for any loss or damage, including but
not limited to, property damage, personal injury or death, resulting from use of
the BSN News Services, problems or technical malfunction in connection with use
of the BSN News Services, attendance at a BSN News event, any material
downloaded or otherwise obtained in connection with the BSN News Services, any
User Content, third party advertisement or Third Party Service posted on,
through or in connection with the BSN News Services, or the conduct of any users
of the BSN News Services, whether online or offline. Your use of User Content,
third party advertisements, Third Party Services and the goods or services
provided by any third parties is solely your responsibility and at your own
risk. User Content, third party advertisements and Third Party Services do not
necessarily reflect the opinions or policies of BSN News.
Limitation on Liability
IN NO EVENT WILL BSN NEWS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE
BSN NEWS SERVICES, EVEN IF BSN NEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BSN NEWS’
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BSN
NEWS FOR THE BSN NEWS SERVICES DURING THE TERM OF YOUR USE OF THE BSN NEWS
SERVICES.
U.S. Export Controls
Software available in connection with the BSN News Services (the
"Software") is further subject to United States export controls. No Software may
be downloaded from the BSN News Services or otherwise exported or re• exported
in violation of U.S. export laws. Downloading or using the Software is at your
sole risk.
Indemnity
You agree to indemnify and hold BSN News, its Affiliated Companies,
subcontractors and other partners, and their respective officers, agents,
partners and employees, harmless from any loss, liability, claim, or demand,
including, but not limited to, reasonable attorneys' fees, made by any third
party due to or arising out of your use of the Site or the BSN News Network,
your breach of this Agreement, your violation of any rights of another or any
Content that you post or otherwise submit on, through or in connection with the
BSN News Network.
Unsolicited Submissions
BSN News does not knowingly accept, via the BSN News Services or
otherwise, unsolicited submissions including, without limitation, submissions of
books, programming ideas, blog ideas, articles, scripts, story lines, fan
fiction, characters, drawings, information, suggestions, proposals, ideas or
concepts. BSN News’ policy is to simply delete any such submission without
reading it or forwarding it to other BSN News staff or staff of its Affiliated
Companies. Therefore, any similarity between an unsolicited submission and any
elements in any BSN News or Affiliated Company creative work including, without
limitation, a program, film, series, story, title or concept would be purely
coincidental. If unsolicited submissions are sent to BSN News via the BSN News
Network (including but not limited to any public forum), however, such
submissions and copyright become the property of BSN News and may be used,
copied, sublicensed, adapted, transmitted, distributed, publicly performed,
published, displayed or deleted as BSN News sees fit. You agree that you are not
entitled to any compensation, credit or notice whatsoever and that by sending an
unsolicited submission you waive the right to make any claim against BSN News or
Affiliated Company relating to unsolicited submissions, including, without
limitation, unfair competition, breach of implied contract or breach of
confidentiality.
Employment Opportunities
BSN News may, from time to time, post BSN News employment opportunities on
the BSN News Services and/or invite users to submit resumes to it. If you choose
to submit your name, contact information, resume and/or other personal
information to BSN News in response to employment listings, you are authorizing
BSN News to utilize this information for all lawful and legitimate hiring and
employment purposes. BSN News also reserves the right, at its sole discretion,
to forward the information you submit to its Affiliated Companies for legitimate
business purposes. Nothing in this Agreement or contained in the BSN News
Services will constitute a promise by BSN News to contact, interview, hire or
employ any individual who submits information to it, nor will anything in this
Agreement or contained in the BSN News Services constitute a promise that BSN
News will review any or all of the information submitted to it by users of the
BSN News Services.
Trademarks
The failure of BSN News to exercise or enforce any right or provision of
this Agreement will not operate as a waiver of such right or provision. The
Section titles in this Agreement are for convenience only and have no legal or
contractual effect. BSN News, the BSN News logo, and the BSN News LIVE logo are
trademarks of BSN and all other trademarks, service marks and trade names used
in the Site are the property of their respective owners, and all of the above
and below trademarks may not be copied, downloaded or otherwise exploited
without the prior written permission of BSN News or the owner of such trademark,
service mark or trade name, except as explicitly permitted in this Agreement.
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