 Terms of Use
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1. Acceptance of Terms.
If you do not agree with any of these Terms of Use please do not use this Site, because by using this Site you will be deemed to have irrevocably agreed to these terms. Please note that these Terms of Use may be revised and reissued without notice at any time by updating this page. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
Also, when using services offered through Web Media Entertainment LLC's third party service providers, you will be subject to terms posted by these third party service providers.
2. Benefits of Joining.
A). Web Media Entertainment LLC Services. As part of our dedication to our community, we currently provide users with access to a vast amount of user interaction and information. Web Media Entertainment LLC's Services are presently provided free of charge, although some of our service providers' services and some future Web Media Entertainment LLC Services may be subject to a charge. One of the services that Web Media Entertainment, LLC provides is generally referred to as MediaBlvd.
B). Service Limitations. We will do our best to make your experience at Web Media Entertainment LLC a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that Web Media Entertainment LLC's services are provided "AS-IS". Web Media Entertainment LLC cannot assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings.
C). Service Changes and Discontinuation. Web Media Entertainment LLC reserves the right to change or discontinue, temporarily or permanently, the service at any time without notice. You agree that Web Media Entertainment LLC will not be liable to you or any third party for any modification or discontinuance of the service.
D). Privacy Policy. Web Media Entertainment LLC respects your privacy. The information You provide helps us make Web Media Entertainment LLC more fun for You. It also enables us to give you updates about our Service. We use technology and agreements in an attempt to protect any personally identifiable information that You provide (like your name, age and email address). You should not receive any unauthorized email or postal mail from third parties as a result of giving information to Web Media Entertainment LLC. Occasionally, Web Media Entertainment LLC may enter into opt in arrangements with various third parties. Users will have the option to accept or decline advertising, email, and other materials from authorized affiliates of Web Media Entertainment LLC. Web Media Entertainment reserves the right to contact members through any means available (PM System, or e-mails used for registration) if the company believes it has a reasonable need to do so. Please keep in mind that whenever you voluntarily disclose personal information in Web Media Entertainment LLC's public areas such as message boards that information can be collected and used by others. It is soley the users responsibility to ensure that they have properly activated controls to block access to their e-mail addresses used for registration, or other information. Wed Media Entertainment, LLC will in no way be responsible for the revelation or dissemination of such information, either thru the users negligence to activate such controls, or for technical difficulties, security holes or bugs in 3rd party software components that allow such information to be revealed.
The complete terms of our Privacy Policy are part of this agreement, so you should read it.
3. General Rules.
For the benefit of the entire Web Media Entertainment LLC community, and to comply with applicable laws, we have a few mandatory guidelines. We hope you will find them reasonable. Please understand, though, that any conduct that violates the general rules is grounds for termination of your account. For this reason, we ask that You carefully read and follow them.
A). Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in Web Media Entertainment LLC's registration form. Accurate records help us create a better site and provide us with opportunities to identify new services that may interest You. Please update your profile to keep it current and accurate.
B). Guard Your Password. You will receive a password and account upon completing the registration process. You are responsible for maintaining the confidentiality of your password and account. And You are fully responsible for all activities that occur using your password or account. Please notify Web Media Entertainment LLC immediately of any unauthorized use of your password or account or any other breach of security.
C). Obey the Law. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property of others. Our Use Policy states that hosted website users and members of the community must comply with applicable copyright laws. All users of our web servers are reminded that providing or obtaining copyrighted materials without permission from the rightful owner violates the United States Copyright Act.
E). Restrictions on Resale. Web Media Entertainment LLC attempts to provide some of the very best content available on the web. In order for us to continue to offer this content free of charge, however, we must restrict publication as well as redistribution of text, photos, graphics, audio and/or video materials in any form or medium. Neither content created by Web Media Entertainment LLC nor content licensed to Web Media Entertainment LLC by its service providers (or any portion thereof) may be stored in a computer, except for personal and non-commercial use.
4. Rights You Grant to Web Media Entertainment LLC
A). Distributing Content You Produce. Subject to Web Media Entertainment LLC's Privacy Policy, You, are licensing to Web Media Entertainment LLC any "Content" you provide through or to Web Media Entertainment LLC and the Service. Web Media Entertainment LLC may modify, display, distribute and create new material using such Content on Web Media Entertainment LLC's affiliated network for the promotion and marketing of our services.
B). Web Media Entertainment LLC Advertising. Web Media Entertainment LLC relies on advertisers to help fund the Services that we offer to our members. In order to continue our free service, You agree that Web Media Entertainment LLC may display advertisements and promotions of all kinds in and with the Services.
C). Account Access. In order to ensure that Web Media Entertainment LLC is able to provide high quality Services that are responsive to members' needs, You agree that Web Media Entertainment LLC employees have access to your account and records as reasonably needed. In the event of any complaint or legal action arising from any message or content posted, uploaded, or other wise transmitted or disseminated by you, Web Media Entertainment LLC reserves the right to reveal your identity (or whatever information we know about you) including the contents of any message within the system. Web Media Entertaiment reserves the right to monitor and investigate any and all content associated with your account for any or no reason.
5. Other Legal Stuff
A). DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Web Media Entertainment LLC 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.
Web Media Entertainment LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Web Media Entertainment LLC OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.
B). LIMITATION OF LIABILITY. YOU AGREE THAT Web Media Entertainment LLC WILL NOT BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Web Media Entertainment LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
C). No Endorsement of Member Content. You acknowledge and agree that Web Media Entertainment LLC does not endorse the content of any member and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that Web Media Entertainment LLC does not pre-screen content, but that Web Media Entertainment LLC will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Service.
D). Indemnification. You agree to indemnify and hold harmless Web Media Entertainment LLC and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the provisions, representations or warranties herein, and/or from your placement or transmission of any content onto Web Media Entertainment LLC servers, and/or from your receiving of any content placed on or passed through Web Media Entertainment, LLC servers and/or from any and all use of your account. This includes but is not limited to the unauthorized use of copyrighted material.
E). Material Placed on Web Media Entertainment LLC. You may not post any copyrighted material or upload such material to any hosted Web Media Entertainment LLC site, unless the copyright is owned by you or by Web Media Entertainment LLC. You may not post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law.
If Web Media Entertainment LLC receives complaints that material on any hosted site, or message board is in violation of copyright, or for any or no reason, Web Media Entertainment LLC reserves the right to remove such material from public availability.
F). Relevant Parties and Representatives
You acknowledge that the forums and websites within the Web Media Entertainment, LLC network are managed, moderated, and run by unpaid volunteers who do not in anyway represent the company. The relationship between owners/operators of hosted websites and Web Media Entertainment, LLC is as the company acting as Internet Service Provider, and these individuals acting as subscribers. No notice to the company sent by any electronic means other than to the e-mail address owner@mediablvd.com shall constitute proper notification to the company of any tangible fact, complaint, or issue that may arise. You acknowledge that moderators, mod consultants, and webmasters are not authorized to speak directly for the company on any matter. Further you agree that no information or content about any matter that does not come from a Director of the company shall be regarded as coming from Web Media Entertainment, LLC, nor considered as coming from the company's representative. If you choose to accept advice or direction from any non-Director about any matter, you do so at your own risk.
G). Governing Law
Web Media Entertaiment, LLC is a Colorado Limited Liability Corporation. While users may access the service from any U.S. state or from around the world,
this Agreement shall be governed by the laws of the State of Colorado, and any action brought under this Agreement shall be venued in the United States District Court of the State of Colorado, El Paso County.
H). Copyright
Web Media Entertainment, LLC/ MediaBlvd respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. MediaBlvd will terminate the accounts of users who are repeat infringers of the copyrights or other intellectual property rights, of others. In addition, MediaBlvd reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the MediaBlvd website or if MediaBlvd believes that conduct of the user is harmful to the interests of MediaBlvd, its affiliates, or other users, or for any other reason in MediaBlvd's sole discretion, with or without cause.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), MediaBlvd will respond expeditiously to claims of copyright infringement committed by users of MediaBlvd's website that are reported to MediaBlvd's "Designated Copyright Agent" identified in the DMCA links on each page of our forums. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by completing the a notice form and delivering it to the Designated Copyright Agent identified on the DMCA links at the top of each page.
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