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This Agreement
sets forth the terms and conditions which apply to the use by you
of BladeForums.com and any other subscription product or service offered
for sale by BladeForums.com ("BFC"). The right to use any product
or service offered by BFC is personal to you and is not transferable
to any other person or entity.
- Definitions.
"BladeForums.com" shall mean all areas and any subscription or
other paid products and services offered or available on the interactive
online service operated by BFC and it's parent Twelve Bravo Marketing, LLC,
on the World Wide Web. BladeForums.com consists of information
services and content provided by BFC, affiliates of BFC and third
parties. The term "Community Areas" means the bulletin boards,
chat rooms and other user participatory areas on BladeForums.com.
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General.
BFC shall have the right at any time to change or discontinue
any aspect or feature of BladeForums.com including, but not limited
to, the Community Areas, content, hours of availability, and equipment
needed for access or use. Such changes, modifications, additions
or deletions shall be effective immediately upon notice thereof,
which may be given by means including but not limited to, posting
on the Community Areas a revised version of this Agreement or
notification by electronic mail. Any use by you of the Community
Areas after such notice shall conclusively be deemed to be acceptance
by you of such changes, modifications, additions or deletions.
You agree to review the terms and conditions of this Agreement
periodically to be aware of such revisions.
- Use
of BladeForums.com and the Community Areas.
- The
Community Areas shall be used for lawful purposes only. No
material shall be posted on or transmitted through the Community
Areas which violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene,
profane, indecent or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, gives rise
to civil liability or otherwise violates any law. No conduct
shall be undertaken that, in BFC's judgment, restricts or
inhibits any other user from using or enjoying the Community
Areas. Advertising or commercial solicitation may be posted
on or transmitted through the specified Community Areas but
only with BFC's express prior approval and only if the advertising
or commercial solicitation complies with all conditions imposed
by BFC.
- BladeForums.com
and the Community Areas contain copyrighted material, trademarks
and other proprietary information including text, software,
photos, video, graphics, music and sound, and the entire contents
of BladeForums.com are copyrighted as a collective work under
the United States copyright laws. BFC is the owner of the
copyright in the entire BFC Site(s). BFC owns a copyright
in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it.
Each third party content provider owns the copyright in content
original to it. You may not modify, publish, transmit, display,
participate in the transfer or sale, create derivative works,
or in any way exploit the content of BladeForums.com or any
portion of it. Except as otherwise expressly permitted under
copyright law, you may not copy, redistribute, publish, display
or commercially exploit any material from BladeForums.com
without the express permission of BFC and the copyright owner.
In the event of any permitted copying, redistribution or publication
of material from BladeForums.com, no changes in or deletion
of author attribution, trademark, legend or copyright notice
shall be made. You acknowledge that you do not acquire any
ownership rights by downloading copyrighted material.
- You
shall not upload, post or otherwise make available on the
Community Areas any material protected by copyright, trademark
or other proprietary right without the express permission
of the owner of the copyright, trademark or other proprietary
right. You are responsible for determining that such material
is not protected by copyright, trademark or other proprietary
right. You shall be solely liable for any damages resulting
from any infringement of copyright, trademark or other proprietary
right, or any other harm resulting from any uploading, posting
or submission.
- You
hereby grant to BFC, Twelve Bravo Marketing, LLC, and their respective
affiliates the worldwide, royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
perform and display any message posted in the Community Areas
and/or any e-mail sent by you to BFC (in whole or in part)
and/or to incorporate it in other works in any form, media
or technology now known or later developed.
- You
may not
(i) select or use a member name or e-mail address of another
person with the intention of impersonating that person;
(ii) use a member name or e-mail address of anyone else without
authorization;
(iii) use a member name in violation of the intellectual property
rights of any person; or
(iv) use a member name that BFC considers to be offensive.
- You
shall provide BFC with accurate, complete and updated information
provided by you at the time of registration.
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BladeForums.com contain links to other web sites, resources
and advertisers. BFC is not responsible for the availability
of these external sites nor does it endorse or is it responsible
for the contents, advertising, products or other materials
made available on or through such external sites. Under no
circumstances shall BFC be held responsible or liable, directly
or indirectly, for any loss or damage caused or alleged to
have been caused to a user in connection with the use of or
reliance on any content, goods or services available on such
external site. You should direct any concerns to such external
site's administrator or webmaster.
- You
shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to
and use of BladeForums.com and Community Areas and all charges
related thereto.
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The foregoing provisions of this Section 3 are for the benefit
of BFC, its affiliates, third party content providers and
licensors, and each shall have the right to assert and enforce
such provisions directly on its own behalf.
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BFC has carefully designed BladeForums.com with the purpose
of delivering certain content to users in a particular format
and with a particular appearance. No third party shall have
the right to utilize the content of BladeForums.com in any
way that interferes with that purpose. In particular, BFC
prohibits any party from displaying the content on BladeForums.com
in any format where third party advertising or other materials
that BFC did not authorize is viewed or viewable together
with BFC's proprietary content.
- Monitoring.
BFC shall have the right, but not the obligation, to monitor the
content of the Community Areas to determine compliance with this
Agreement and any other operating rules that may be established
by BFC from time to time. BFC shall have the right in its sole
discretion to edit, refuse to post or remove any material submitted
to or posted on the Community Areas. Without limiting the foregoing,
the BFC shall have the right, but not the obligation, to remove
any material that BFC, in its sole discretion, finds to be in
violation of the provisions hereof, otherwise objectionable or
stale. Notwithstanding this right of BFC, users shall remain solely
responsible for the content of their messages. You acknowledge
and agree that neither BFC nor any of its affiliates shall assume
or have any liability for any action or inaction by BFC with respect
to any conduct within the Community Areas or any communication
or posting on the Community Areas. Bladeforums.com monitoring
services are billed at an hourly rate of $150 (US). Estimates
for monitoring services can be provided on demand.
- Disclaimer
of Warranty; Limitation of Liability
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YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND BLADEFORUMS.COM
IS AT YOUR SOLE RISK. NEITHER BFC, ITS AFFILIATES NOR ANY
OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT BLADEFORUMS.COM WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BLADEFORUMS.COM
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE OR PRODUCTS PROVIDED THROUGH BLADEFORUMS.COM OR THE
COMMUNITY AREAS.
- BLADEFORUMS.COM
AND THE COMMUNITY AREAS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY
AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
THE LAWS APPLICABLE TO THIS AGREEMENT.
- THE
DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 5 APPLY
TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BFC IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU.
- IN
NO EVENT WILL BFC OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING BLADEFORUMS.COM BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE BLADEFORUMS.COM
OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE
THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT
ON BLADEFORUMS.COM AND/OR THE COMMUNITY AREAS. BFC'S LIABILITY
TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT
PAID TO BFC.
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BFC NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON BLADEFORUMS.COM,
NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE
ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED BFC
EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES.
UNDER NO CIRCUMSTANCES WILL BFC BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH
EITHER THE CONTENT ON BLADEFORUMS.COM AND/OR ANY POSTINGS
ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION,
OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH BLADEFORUMS.COM
AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS,
AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION,
OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED
TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE
OR OTHER CONTENT.
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BFC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR
SERVICES OFFERED THROUGH BLADEFORUMS.COM AND WILL NOT BE A
PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS
AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH
THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE. BFC MAKES PRODUCTS OR SERVICES
AVAILABLE ON BLADEFORUMS.COM WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- PRIOR
TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR
INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR
OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION.
NEITHER BFC NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE
ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE
RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER
BFC NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR WARRANT
THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY
SUCH INFORMATION. NOTHING CONTAINED IN BLADEFORUMS.COM SHALL
BE CONSTRUED AS INVESTMENT ADVICE. BFC IS NOT A REGISTERED
BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT
ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
- Indemnification.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BLADEFORUMS.COM,
ITS PARENTS, PARTNERS, AFFILIATES, MEMBERS, SUBSIDIARIES, EMPLOYEES,
AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDERS
FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS,
INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION
OF THESE TERMS OF USE.
- Termination.
BFC shall have the right to immediately terminate this Agreement
with respect to any user which BFC, in its sole discretion, considers
to be unacceptable, or in the event of any breach by you of this
Agreement. The provisions of Sections 5, 6, 7, 8 and 10 shall
survive termination of this Agreement.
- Trademarks.
All trademarks appearing on BladeForums.com are the property of
their respective owners, including, in some instances, BFC.
- Privacy.
- BladeForums.com
collect no personally identifying information about you except
when specifically and knowingly provided by you. An adult
user's personally identifying information will not be transferred
to any other party unless otherwise stated at the time of
collection. (See below regarding personally identifying information
about and from children)
- Your
personally identifying information may be used by BFC for
editorial purposes. BFC may also use such information provided
by adult users for promotional and marketing purposes. You
have the ability to stop your information being used for marketing
and promotional purposes by not participating in any BFC surveys
or questionnaires. Any personally identifying information
collected by BFC from children is used for editorial participation
and feedback purposes, together with any other purposes that
will be describe where the information is collected, and will
not be transferred to any third party.
- Many
of BladeForums.com's functions place a "cookie" in the browser
files of your computer. The cookie itself does not contain
any personally identifying information. Although the cookie
could enable BFC to relate your use of BladeForums.com to
information that you have specifically and knowingly provided,
BFC does not do so for any kids sites.
- You
should be aware that when you voluntarily disclose personal
information (e.g., user name, e-mail address) on the Community
Areas, that information can be collected and used by others
and may result in unsolicited messages from other posters
or parties.
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Subscription Services; Products.
(a) Subscription Services. BFC makes available to users certain
online subscription services, and other paid services and products.
The following terms and conditions shall apply in the event
that you subscribe to any subscription service or services offered
by BFC on BladeForums.com (the "Subscription"):
- Subscription
Terms. The Subscription will continue until BFC receives notification
of termination from you as described in subsection C below.
You authorize BFC to charge to the credit card account designated
during the registration process the current fees and charges
for each term according to the subscription plan chosen by
you. If you accepted an offer that included a free trial period,
your credit card account will not be charged until after the
end of the free trial period. If you subscribed for a term
of one (1) year or more, you will be notified by BFC before
the account designated by you is charged after the first term.
Current fees may be obtained by going to the Smart Statement.
You are responsible for any charges associated to connecting
to BladeForums.com, including but not limited to, any telephone
line charges or any Internet access provider charges. You
shall provide BFC with accurate, complete and updated information
as to your name and e-mail address and credit card account
information provided by you at registration. Failure to do
so shall constitute a breach of this Agreement.
- Changed
Terms. BFC shall have the right at any time to impose, change
or modify its fees and billing methods, or other terms and
conditions applicable to your use of the Subscription or to
impose new terms and conditions. Such changes, modifications,
additions or deletions shall be effective immediately upon
notice thereof, which may be given by means including, but
not limited to, posting on BladeForums.com a revised version
of this Agreement or notification by electronic or conventional
mail. If any such change is unacceptable to you, you may terminate
your Subscription as provided in subsection C below. Any use
of the Subscription by you after such notice shall conclusively
be deemed to constitute acceptance by you of such changes,
modifications, additions or deletions. You agree to review
the terms and conditions periodically to be aware of such
revisions. You may also be subject to additional terms and
conditions imposed by third party content providers in connection
with third party content, software or services.
- Termination.
Either you or BFC may terminate this Agreement at any time.
Your only right with respect to any dissatisfaction with
(i) any terms and conditions of this Agreement, or policy
or practice of BFC in operating BladeForums.com and/or the
Community Areas,
(ii) content available through the Subscription or change
therein, or
(iii) amount or type of fees or billing methods, or change
therein, is to terminate this Agreement by sending notice
to BladeForums.com Customer Service, 340 Production Court,
Louisville, KY 40299, or by e-mail sent to our staff.
Notice of termination will be effective upon receipt by BFC.
Without limiting the foregoing, BFC shall have the right to
immediately terminate this Agreement with respect to any user
which BFC, in its sole discretion, considers to be unacceptable,
or in the event of any breach by you of this Agreement. In
the event that your account is terminated or canceled, no
refund of any fees, including monthly membership fee, will
be granted. The provisions of Sections 5, 6, 7, 8 and this
Section 10 shall survive termination of this Agreement. Fees
paid for any Subscription are paid in advance and are not
refundable in whole or in part, provided, however, that in
the event of termination by BFC for any reason other than
breach of this Agreement by you or termination by you in accordance
with this subsection C of this Agreement in which you identify
the termination as resulting from changed terms, BFC shall
make a pro rata refund to you.
(b)
Products and Other Services. With respect to products and services
offered for sale by BFC and third parties or through BladeForums.com:
you shall be informed of all terms of the offer, including but
not limited to pricing, methods of payment, shipping and handling,
credit card information, sales tax, return and refund policies
and applicable privacy policies on the screen where you make the
purchase.
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Miscellaneous.
This Agreement and any operating rules for BladeForums.com and
the Community Areas established by BFC constitute the entire agreement
of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the
parties with respect to such subject matter. This Agreement shall
be construed in accordance with the laws of the Commonwealth of
Kentucky, without regard to its conflict of laws rules. No waiver
by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and
shall not be given any legal import. Any dispute arising out of
or relating to these Terms of Use or to any access or use of this
website will be subject to the exclusive jurisdiction of the state
and federal courts located within the Commonwealth of Kentucky,
and you hereby expressly submit to the personal jurisdiction of
such courts.
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