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Terms of Use

Acceptance of Terms 

Welcome to the website (hereinafter "website") of B&M MODERN MEDIA INC. (hereinafter "B&M"). On this website, B&M 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 B&M 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.

B&M reserves the right, at the sole discretion of B&M, 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 B&M, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to B&M, 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 B&M.

Use of Software on the Website

Any software that is made available to download from the website ("Software") is the copyrighted work of B&M 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, BROADCASTING & MULTIMEDIA LTD.. 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, B&M MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS MATERIALS OR SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SERIOUS MAGIC 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 B&M SOFTWARE PRODUCTS.

Use of Services on the Website

The website may contain e-mail services, bulletin board services, news groups, forums, communities, personal web pages, calendars, photo albums and/or other message. You agree to use the website only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using the website, you will not:

  • 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.
  • 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, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • 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.
  • 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 any B&M domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
  • 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.

B&M reserves the right to review materials posted to the website and to remove and/or edit any materials in its sole discretion. B&M reserves the right to terminate your access to any or all of the website at any time, without notice, for any reason whatsoever.

Indemnity

You agree to indemnify, defend and hold B&M, 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 Submissions, 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.

General Information

The Terms of Use constitute the entire agreement between you and B&M and govern your use of the website, superseding any prior agreements between you and B&M 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 B&M 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 B&M 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 international copyright law and govern any action related to the Terms of Use, without regard to the principles of choice of law.

B&M controls and operates this website and makes no representation that this website is appropriate or available for use in other locations.

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