|  Terms
Of Service
THE BOLD AND THE BEAUTIFUL OFFICIALWEB SITE
TERMS OF SERVICE
Effective as of June 1, 2004
PLEASE READ THESE TERMS OF SERVICE AND THE BB PRIVACY STATEMENT
CAREFULLY BEFORE USING THIS WEB SITE OR ANY OF THE SERVICES
ON THIS WEB SITE.
WELCOME TO THE SITE
Welcome to the “The Bold and the Beautiful” Official
Web Site. This Web site is owned and operated by Bell-Phillip
Television
Productions, Inc. (BP). These terms of service (“Terms
of Service” or “TOS”) apply to and govern
your, and any authorized user of your Account, use of this
Web site or the services on this Web site (“BB Services”)
(as hereinafter defined, and collectively referred to as the “Site”).
Your use of the Site signifies your agreement to accept and
be bound by these Terms of Service. If you do not agree to
be bound by these Terms of Service, you may not access or otherwise
use the Site or become a member of the Fan Club. Before using
the Site, please review our Privacy Policy (the “Privacy
Policy”). Please note that the Site and the BB Services
are only open to users 13 years of age or older. BP reserves
the right, at its sole discretion, to change, modify, add or
remove any portion of the Site or this TOS, in whole or in
part, at any time. Changes to this TOS will be effective when
posted. You agree to review this TOS periodically to be aware
of any changes. Your continued use of the Site after any changes
to this TOS are posted will be considered acceptance of those
changes.
LICENSE TO USE THE SITE
BP grants you a non-exclusive, non-transferable,
limited right to access, use and display the Site and the materials
thereon
for your personal use only, provided that you comply fully
with this TOS. You shall not interfere or attempt to interfere
with the operation of the Site in any way through any means
or device including, but not limited to, spamming, hacking,
uploading computer viruses or time bombs, or any other means
expressly prohibited by any provision of this TOS.
TRADEMARKS,
COPYRIGHTS & RESTRICTIONS
All trademarks, service
marks, trade names, and trade dress are proprietary to BP and/or
its affiliates or other third
parties. Except as otherwise provided herein, you may not reproduce,
perform, create derivative works from, republish, upload, edit,
post, transmit, or distribute in any way whatsoever, any materials
from this Site (the "Site Materials") without the
prior written permission of BP. When indicated on the Site,
you may download or make one copy of the Site Materials on
a single computer, and other downloadable items displayed on
the Site, for personal, non-commercial home use only, provided
all copyright and other notices contained in the Site Materials
are left intact. Any such download is subject to this TOS.
Any modification of the Site Materials, or any portion thereof,
or use of the Site Materials for any other purpose constitutes
an infringement of BP's copyrights and other proprietary rights.
Use of the Site Materials on any other Web site or other networked
computer environment is prohibited without prior written permission
from BP.
SUBMISSIONS
BP is pleased to hear from its visitors and welcomes
your comments regarding BP products and services. Unfortunately,
however, BP's long-standing company policy does not allow it
to accept or consider creative ideas, suggestions, or materials
other than those it has specifically requested. We hope you
will understand that it is the intent of this policy to avoid
the possibility of future misunderstandings when projects developed
by BP's professional staff might seem to others to be similar
to their own creative work. Accordingly, we must, regretfully,
ask that you do not send us any original creative materials
such as stories or character ideas, screenplays, or original
artwork. While we do value your feedback on our services and
products, we request that you be specific in your comments
on those services and products, and not submit any creative
ideas, suggestions, or materials unless specifically requested
by BP. If, at our request, you send or post certain specific
submissions (e.g., postings to message boards or materials
in connection with the “Fan of the Month” posting
on the Site) or, despite our request that you not send us any
other creative materials, you send us creative suggestions,
ideas, notes, drawings, concepts, or other information (collectively,
the "Submissions"), the Submissions shall be deemed,
and shall remain, the property of BP. None of the Submissions
shall be subject to any obligation of confidence on the part
of BP, and BP shall not be liable for any use or disclosure
of any Submissions. Without limitation of the foregoing, BP
shall exclusively own all now known or hereafter existing rights
to the Submissions of every kind and nature, in perpetuity,
throughout the universe and shall be entitled to unrestricted
use of the Submissions for any purpose whatsoever, commercial
or otherwise, without compensation to the provider of the Submissions.
Applicable law may restrict or limit the foregoing provisions
of this paragraph.
FAN CLUB MEMBERSHIP
Some areas of the Site may require you
to be or become a member of “The Bold and the Beautiful Fan Club (“Fan Club
Member Program”). Subject to the terms set forth in the
Site and this TOS, you may register to sign up to become a
Gold, Silver, or Bronze Fan Club Member (“Fan Club Member”)
of the Fan Club Member Program. The benefits for each level
of membership are set forth in the “Membership” section
of the Site. You may pay the applicable Fan Club membership
fee (“Membership Fee”) by credit card through the
Site or by printing out the membership registration form and
sending a check by mail as indicated on the Site. BP reserves
the right, at its sole discretion, to change the Membership
Fees at any time and reserves the right, at its sole discretion
to reject the membership application of any user for any reason.
You must be 13 years of age or older to be eligible to become
a Fan Club Member. BP is not responsible for administering,
managing or fulfilling Fan Club Member orders. Your correspondence
or business dealings with, or participation in promotions of
third parties administering the Fan Club Member Program, 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 the applicable
third party. BP will not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings
or as the result of the presence of the Fan Club Member Program
on the Site.
FAN OF THE MONTH
BP may provide an opportunity from time to
time and at its sole discretion, for Fan Club Members to nominate
themselves
as “Fan of the Month”. As part of the nomination
procedure, users may be asked to provide BP with a personal
photograph containing solely the Fan Club Member’s photographic
likeness (“Photograph”) (i.e., the photograph may
not include the likeness of any other person) as well as additional
information about the applicable Fan Club Member (collectively “FOM
Materials”). By submitting any such FOM Materials to
BP, you agree that any photograph so submitted is in fact a
picture of you, any information that you provide about yourself
is truthful and accurate and you grant BP the non-exclusive
right in perpetuity throughout the universe and in all now
known and hereafter existing media to reproduce and/or otherwise
use the FOM Materials in connection with the “Fan of
the Month” program or otherwise in connection with the
Site and in all publicity and promotions in connection therewith.
The FOM Materials shall be deemed and shall remain the property
of BP and BP shall not be liable for any use or disclosure
of any such FOM Materials. BP shall be entitled to unrestricted
use of the FOM materials for any purpose whatsoever, commercial
or otherwise, without compensation to the provider. Nothing
contained herein obligates BP to exercise any of the rights
granted pursuant to this paragraph. BP shall have no obligation
to use the FOM materials in any manner whatsoever. If selected,
your user name only (and not your actual name) shall be used
in connection with the FOM Materials.
FORUMS
” Forum” means a message board, instant messengering
service, Cast Q &A or e-mail function. As a convenience
to its visitors, BP may provide, from time to time and at its
sole discretion, one or more Forums. Forums are provided by
BP to you and others subject to this TOS, the Forum Rules (as
set forth on the Site) and the Privacy Policy, and other rules
that may be published from time to time by BP. BP currently
provides the Forums to users who agree to abide by this TOS
and the Forum Rules. BP will enable Fan Club Members from time
to time to post certain Content (as defined below) on the Forums
and read certain Content in the Forums. All other users (i.e.,
non-Fan Club Members) may be provided with the right to read
certain Content on certain Forums, but will not be provided
with the opportunity to post any Content on such Forums. BP
reserves the right to change the nature of this relationship
at any time.
REGISTRATION AND ACCEPTANCE OF TERMS
If you pay the Membership
Fee to become a Fan Club Member, BP will provide you with the
opportunity to participate in
one or more Forums. In consideration for your use of the Forums,
you agree to (i) comply with this TOS and the Forums Rules,
(ii) provide BP with: (A) accurate, complete and true information
about yourself as required on the Forum's registration form
(your "Registration Information") in order to create
your BP Forum Account (your "Account") and (iii)
maintain and update, as applicable, your Registration Information
with current and complete information. Fan Club Members who
violate this TOS, the Forum Rules, or provide inaccurate, false,
or non-current Registration Information may, at BP's sole discretion,
have their Account suspended or terminated, and may be permanently
banned from using any Forum or other online BP Service, and
BP shall have no obligation to return any portion of any Membership
Fees paid by you in connection with the Fan Club Member Program
or the Site. As part of your Account, you will be asked to
select a user name and password. We may refuse to grant you
a user name which impersonates someone else, is or may be illegal,
is or may be protected by trademarks or other proprietary rights
law, is vulgar or otherwise offensive or may cause confusion,
as determined by BP in its sole discretion. You are solely
responsible for creating and maintaining the confidentiality
of your user name and password. You are responsible for all
activity occurring under your Account. You agree that you will:
(i) immediately notify BP of any unauthorized use of your user
name or password, (ii) not post any personal information on
any of the Forums, and (iii) ensure that you properly exit
a Forum at the completion of your session. BP shall have no
liability for any loss or damage arising from your Account
or your failure to comply with these requirements.
BP does not control the material delivered to the Forums, and
BP has no obligation to monitor such Forums or any Submissions
or other materials that you or other third parties transmit
or post on the Site or the Forums. The messages do not necessarily
reflect the views of BP. Much of the information in our Forums
is provided by other users who are not otherwise connected
with BP. You acknowledge that a large volume of information
is available in our Forums and that individuals participating
in such Forums may post messages or make statements, whether
intentionally or unintentionally, that are inaccurate, misleading
or deceptive. BP neither endorses nor is responsible for such
messages or statements, for any opinion, advice, information
or other utterance made or displayed on the Site or Forums
by third parties, whether such third parties are visitors to
the Site, members of the BP community or others. In no event
shall BP assume or have any responsibility or liability for
any materials posted on the Forums or for any claims, damages
or losses resulting from their use and/or appearance on this
Site. BP reserves the right at all times to disclose any information
(including the identity of the persons providing information
or materials on its Forums) as necessary to satisfy any law,
regulation or governmental request. In addition, BP reserves
the right to edit, refuse to post or to remove any information
or materials, in whole or in part, that in BP’s sole
discretion are objectionable or in violation of these Terms
of Service.
ENTERING ANY FORUM WILL CONSTITUTE ACCEPTANCE OF THESE TERMS
OF SERVICE AND YOUR COMPLIANCE WITH THE FORUM RULES. IF YOU
DO NOT AGREE TO ABIDE BY THESE TERMS OF SERVICE OR THE FORUM
RULES, PLEASE DO NOT ENTER ANY FORUM.
FORUM RULES
You are entirely responsible and liable for all
activities conducted by you and any authorized user of your
Account in
the Forums, including the transmission, posting, or other provision
of text, files, links, software, photographs, video, sound,
music or other information or material to any portion of the
Forums ("Content"). Listed below are some, though
not all, violations that may result in BP terminating or suspending
your access to a Forum. You agree not to do any of the following
actions while using any Forum:
1. Harass, threaten, embarrass or cause distress or discomfort
upon another Forum participant, user, or other individual or
entity;
2. Transmit any Content in any Forum that BP considers to be
disruptive, unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, hateful, racially, ethnically
or otherwise objectionable;
3. Impersonate in any Forum any person, including but not limited
to, a BP official, or message board leader, guide or host;
4. Act in a manner that negatively affects other participants;
5. Post or make statements that do not generally pertain to
the designated topic or theme of any message board;
6. Post or transmit any advertising, promotional materials,
or any other forms of solicitation in the Forums or use the
Forums for commercial purposes of any kind;
7. Intentionally or unintentionally violate any applicable
local, state, national or international law, including but
not limited to any regulations having the force of law while
using or accessing any Forum;
8. Invade the privacy or violate any personal or proprietary
right of any person or entity; and
9. Infringe the intellectual property rights or similar rights,
including but not limited to copyrights and trademarks, of
any person or entity.
By posting or uploading Content to any Forum or submitting
any other Content to BP, you automatically grant (or warrant
that the owner of such rights has expressly granted) BP a perpetual,
worldwide, royalty-free, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate,
sub-license, create derivative works from and distribute such
materials or incorporate such Content into any form, medium,
or technology now known or later developed throughout the universe.
In addition, you warrant that the content as uploaded or posted
by you does not violate any person's so called "moral
rights" (adroit moral).
You understand that the uploading to and/or posting of any
Content in any Forum shall not be subject to any obligation
of confidence on the part of BP, and BP shall not be liable
for any use or disclosure of any Content. Without limitation
of the foregoing, BP shall exclusively own all now known or
hereafter existing rights to the Content of every kind and
nature, in perpetuity, throughout the universe and shall be
entitled to unrestricted use of the Content for any purpose
whatsoever, commercial or otherwise, without compensation to
the provider, author or owner of the Content.
When participating in a Forum, never assume that people are
who they say they are, know what they say they know, or are
affiliated with whom they say they are affiliated with in any
message board, or other user-generated content area. Information
obtained in a Forum may not be reliable, and it is not a good
idea to make any decisions based solely or largely on information
you cannot confirm. We cannot be responsible for the content
or accuracy of any information.
You agree to indemnify BP for any and all claims, damages,
losses, and causes of action arising as a result of your posting
or uploading any Content to any Forum or submitting any Content
to us or your failure to comply with this TOS. While BP does
not and cannot review all Content posted by users in the Forums
and is not responsible for the content of these postings, BP
reserves the right to delete, move, or edit Content that it,
in its sole discretion, deems abusive, defamatory, obscene,
in violation of copyright or trademark laws, violates any person's
rights of privacy or publicity or otherwise unacceptable.
CREDIT CARDS
If you wish to purchase products or services described
on the Site, you will be asked by BP or the third party provider
of the product or service to supply certain information applicable
to your purchase, including, without limitation, credit card
and other information. You understand that any such information
will be treated by BP in the manner described in our Privacy
Policy. You agree that all information that you provide to
BP or such third party provider will be accurate, current and
complete. You agree to pay all charges incurred by you or any
users of your account and credit card (or other applicable
payment mechanism) at the price(s) in effect when such charges
are incurred. You will also be responsible for paying any applicable
taxes relating to your purchases.
To protect the security of your credit card information, we
employ industry-standard technology. We also encrypt your credit
card number when we store your order and whenever we transfer
that information to participating merchants.
MERCHANDISE/SHOPPING
BP EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD
ON THE SITE, INCLUDING
BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. You agree that BP’s sole and exclusive maximum
liability arising from any product sold by BP on the Site shall
be the price of the product ordered.
IN NO EVENT SHALL BP, ITS PARENT COMPANIES AND AFFILIATED ENTITIES
OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES
OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD ON OR THROUGH
THIS SITE.
Descriptions or images of, or references to, products or services
on the Site do not imply Company’s endorsement of such
products or services. We reserve the right, without prior notification,
to change such descriptions or references, to limit the order
quantity on any product or service and/or to refuse service
to you. Verification of information applicable to a purchase
may be required prior to Company’s acceptance of any
order. Price and availability of any product or service are
subject to change without notice. Current rates for any product
or service available through the Site may be obtained at warnermarketing@worldnet.att.net.
Under California Civil Code Section 1789.3, California Site
users are entitled to the following specific consumer rights
notice: The Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs may
be contacted in writing at 400 R Street, Suite 1080, Sacramento,
California 95814, or by telephone at (916) 445-1254 or (800)
952-5210.
All requests for service and support should be made directly
to the manufacturer in accordance with their terms and conditions.
Your correspondence or business dealings with, or participation
in promotions of, merchants found on or through the Site, 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 merchant.
BP will not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or
as the result of the presence of such merchants on the Site.
NO RESALE / EXPLOITATION
You understand and agree that you may not reproduce, copy,
resell, manipulate, or exploit any part of the Site for any
commercial purpose.
SOFTWARE
From time to time, and at its sole discretion, BP
may make available to users certain software that may be downloaded
from this Site. In the event you download any software from
this Site, the software, including any files, images incorporated
in or generated by the software, and data accompanying the
software (collectively, the "Software") are licensed
to you by BP or third party licensees for your personal, non-commercial
home use only. BP does not transfer title to the Software to
you. You own the medium on which the Software is recorded,
but BP (or the applicable third party licensee) retains full
and complete title to the Software, and all intellectual property
rights therein. You may not redistribute, sell, decompile,
reverse engineer, disassemble, or otherwise reduce the Software
to a human-readable form.
NON-UNITED STATES RESIDENTS
BP makes no representation that
the Site Materials, including merchandise offered for sale
on the Site and their copyrights,
trademarks, patents, and licensing arrangements, are appropriate
or available for use in locations other than the United States
of America. Those who choose to access the Site from locations
outside of the U.S.A. do so on their own initiative and at
their own risk, and are responsible for compliance with local
laws, if and to the extent local laws are applicable. With
respect to shipments of merchandise to consumers, wherever
they may reside, title to the merchandise and risk of loss
shall pass to the buyer upon delivery of the merchandise to
the common carrier.
BP reserves the right to limit the availability of the Site
and/or the provision of any service, program, film or other
product described thereon to any person, geographic area or
jurisdiction, at any time and in our sole discretion, and to
limit the quantities of any such service, program, film or
other product that we provide.
JURISDICTIONAL ISSUES
The Site is controlled and operated by
BP from its offices within the State of California, United
States of America. BP
makes no representation that materials in the Site are appropriate
or available for use in other locations. Software from this
Site is further subject to United States export controls. No
software from this Site may be downloaded or otherwise exported
or re-exported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country
to which the U.S. has embargoed goods; or (ii) to anyone on
the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders.
By downloading or using the Software, you represent and warrant
that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
TERMINATION
You understand and agree that BP may, in its sole
discretion and at any time, terminate your password, Account
or use of
any Forum, and discard and remove any Content posted or submitted
by you to any Forum, for any reason. BP may also, in its sole
discretion and at any time, discontinue any Forum or limit
or restrict any user's access thereto, for any reason. You
understand and agree that BP may take any one or more of these
actions without prior notice to you. Should BP take any of
these actions, it may, in its sole discretion, immediately
deactivate and/or delete any or all information about and concerning
your Account, including your Registration Information and submitted
Content. You understand and agree that BP shall not have any
liability to you or any other person for any termination (including,
without limitation, any obligation to refund any portion of
your Membership Fees, if any) of your access to any Forum and/or
the removal of information concerning your Account.
These Terms of Service are effective until terminated by either
party. You may terminate these Terms of Service at any time
by discontinuing use of the Site and destroying all materials
obtained from the Site and all related documentation and all
copies and installations thereof, whether made under these
terms or otherwise. Upon termination, you must cease use of
the Site and destroy all materials obtained from the Site and
all copies thereof, whether made under these Terms of Service
or otherwise.
LINKED SITES
BP is not necessarily affiliated with sites which may be linked
to or from the Site (the "Linked Sites") (including,
without limitation any other “fan-club” type web
sites) and is not responsible for their content. Links from
the Site to the Linked Sites are for your convenience only
and you access them at your own risk. BP reserves the right
in its sole discretion to disable links from third-party sites
to the Site.
We explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites that
link to or from the Site. We cannot ensure that you will be
satisfied with any products or services that you purchase from
a third-party site that links to or from the Site or third-party
content on the Site. We do not endorse any of the merchandise,
nor have we taken any steps to confirm the accuracy or reliability
of, any of the information contained in such third-party sites
or content. We do not make any representations or warranties
as to the security of any information (including, without limitation,
credit card and other personal information) you might be requested
to give any third-party, and you hereby irrevocably waive any
claim against us with respect to such sites and third-party
content. We strongly encourage you to make whatever investigation
you feel necessary or appropriate before proceeding with any
online or offline transaction with any of these third parties.
DISCLAIMER
THE SITE, THE SITE MATERIALS, AND THE SOFTWARE, IF APPLICABLE,
ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS
AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, BP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. BP DOES NOT WARRANT THAT
THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE,
THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE
SITE, SITE MATERIALS SOFTWARE OR SERVERS DO NOT VIOLATE ANY
PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON.
BP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS,
THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BP) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL BP BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, OR THE
SOFTWARE, EVEN IF BP HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. IN NO EVENT SHALL BP'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS
SITE OR FOR JOINING THE BOLD AND THE BEAUTIFUL FAN CLUB.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless,
BP, its affiliates, and their respective officers, directors,
employees,
agents, licensors, representatives, and third party providers
to the Site from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting
from any violation of these Terms of Service by you. BP reserves
the right to assume, at its sole expense, the exclusive defense
and control of any matter subject to indemnification by you,
in which event you will fully cooperate with BP in asserting
any available defenses.
CLAIMS FOR COPYRIGHT INFRINGEMENT
If you believe that any Content
appearing on the Site or in any Forum has been copied in a
way that constitutes copyright
infringement, please forward the following information to the
Copyright Agent named below:
Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been
infringed;
The exact URL or a description of where the alleged infringing
material is located;
A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law;
An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's
behalf.
Copyright Agent
Bell-Phillip Television Productions, Inc.
7800 Beverly Boulevard, Suite 3371
Los Angeles, California 90036
Attn: J.C. Tynes
Fax: (323) 655-8760
E-Mail: contact@bandbfanclub.com
By this filing, Bell-Phillip Television Productions, Inc.
seeks to preserve any and all exemptions from liability that
may
be available under the copyright law, but does not necessarily
stipulate that it is a service provider as defined in 17USC
section 512c or elsewhere in the law. We suggest that you
consult your legal advisor before filing a notice as set
forth above.
JURISDICTION, VENUE AND OTHER
This TOS shall be governed by
and construed in accordance with the laws of the State of California
and the United States
of America, without giving effect to any principles of conflicts
of law. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the
state or federal courts located in Los Angeles County, California,
and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action.
In no event shall you be entitled to injunctive or other equitable
relief. If any provision of these terms shall be unlawful,
void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and shall not affect
the validity and enforceability of any remaining provisions.
QUESTIONS
The Site is provided by Bell-Phillip Television Productions,
Inc. If you have any questions, comments or complaints regarding
this Agreement or the Site, feel free to contact us at: 7800
Beverly Blvd., Suite 3371, Los Angeles, CA 90036, (323) 575-4138
or contact@bandbfanclub.com.
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