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PLEASE READ THESE TERMS OF USE CAREFULLY
BEFORE USING THIS WEBSITE.
Last Updated March 30, 2007
B4Class, Inc. provides this website, subject
to your compliance with the terms and conditions
set forth in this agreement (the "Agreement").
By using the Site, you agree to be bound
by these terms and conditions. In addition,
when using particular services provided
by B4Class, Inc., you shall be subject to
any additional posted guidelines or rules
applicable to such services. All such guidelines
or rules are hereby incorporated by reference
into this Agreement.
If you do not agree to these terms and conditions,
please do not use the Site.
This Agreement is made between B4Class,
Inc. and you, as a Site visitor and/or Registered
Member ("you").
We reserve the right at any time to:
change the terms of this Agreement; change
the Privacy Policy or any other Terms of
Use relating to this Site;
change the Services, including eliminating
or discontinuing any content on or feature
of any Site; or change any fees or charges
for use of the Services.
Any changes we make will be effective immediately
on notice, which we may give either by posting
the new Agreement on the Site or via email.
Your use of the Services after such notice
will be deemed acceptance of such changes.
Be sure to review this Agreement periodically
to ensure your familiarity with the most
current version. You will always be able
to tell when the version was last updated
by checking the "Last Revised"
date at the top of the Agreement.
(1)
CODE OF CONDUCT.
While using the Site, the Services, and/or
Downloads (as defined below), you agree
not to:
- Post, transmit, or otherwise
make available anything that is or may be
(i) threatening,
harassing, degrading, hateful, or intimidating;
(ii) defamatory;
(iii) fraudulent
or tortuous;
(iv) obscene,
indecent, pornographic, or otherwise objectionable;
or
(v) protected
by copyright, trademark, trade secret, right
of publicity, or other proprietary right
without the express permission of the owner
of such copyright, trademark, trade secret,
right of publicity, or other proprietary
right. If it is determined that you have,
at any time, violated the intellectual property
rights of others, you shall thereafter be
barred from submitting or posting any further
material on the Websites.
- Use the Site, Services,
and/or Downloads for any illegal purpose;
or post, transmit, or otherwise make available
any material which would give rise to criminal
or civil liability; which encourages conduct
that constitutes a criminal offense; or
which encourages or provides instructional
information about illegal activities, or
activities such as hacking, cracking, or
phreaking.
- Post, transmit, or otherwise
make available any material that would violate
another person's privacy or other rights,
including any message containing personal
identification information, including phone
numbers or addresses (excluding your own).
- Post, transmit, or otherwise
make available any material, non-public
information about a company without the
proper authorization to do so.
- Interfere with any other
user's right to privacy; or harvest or collect
personally identifiable information about
users of the Websites; or "stalk"
or otherwise harass another.
- Impersonate any person
or entity, including, but not limited to,
any B4Class, Inc. representative; falsely
state or otherwise misrepresent your affiliation
with any person or entity; forge headers
or otherwise manipulate identifiers in order
to disguise the origin of any materials
transmitted through the Site or Services;
or express or imply that we endorse any
statement you make without our prior written
consent.
- Post, transmit, or otherwise
make available any virus, worm, Trojan Horse,
Easter egg, time bomb, spyware, or any other
computer code, file, or program that may
or is intended to damage or hijack the operation
of any hardware, software, or telecommunications
equipment.
- Interfere with or disrupt
the Site or the Services, or the servers
or networks that provide the Site and Services;
or disobey any requirements, procedures,
policies, or regulations of such networks.
- Restrict or inhibit any
other user from using the Site or the Services,
including by means of hacking or defacing
any portion of the Site or Services.
- Post, transmit, or otherwise
make available any unsolicited or unauthorized
advertising, promotional materials, "junk
mail," "spam," "chain
letters," "pyramid schemes,"
investment opportunity, or any other form
of solicitation.
- Reproduce, duplicate,
copy, sell, resell, or exploit for any commercial
purposes, any portion of (i) the
Site Services, or Downloads; (ii) use of
the Site, Services, or Downloads; or (iii)
access to the Site, Services, or Downloads.
Unauthorized use of B4Class, Inc. content
and trademarks may be a violation of federal
and state laws (including without limitation
federal and state laws relating to copyright
infringement, trademark infringement, trademark
dilution, unfair competition and cybersquatting),
which may result in civil and criminal liability.
- Modify, adapt, translate,
reverse engineer, decompile, or disassemble
any portion of the Site, Services, or Downloads.
- Remove any copyright,
trademark, or other proprietary rights notice
contained on the Site, Services, or Downloads.
- Frame or mirror any part
of the Site without B4Class, Inc.'s prior
written authorization.
- Create a database by
systematically downloading and storing all
or any of the content on the Websites.
- Use any robot, spider,
site search/retrieval application, or other
manual or automatic device or process to
retrieve, index, "data mine,"
or in any way reproduce or circumvent the
navigational structure or presentation of
the Site or its contents, unless otherwise
permitted by B4Class, Inc.
You understand that all information and
materials available through the Services,
whether publicly posted or privately transmitted,
are the sole responsibility of the person
from which such information and materials
originated. This means that you, and not
B4Class, Inc., are entirely responsible
for all materials that you upload, post,
email, transmit or otherwise make available
via the Services. B4Class, Inc. does not
control the materials posted via the Services
and therefore does not guarantee the accuracy,
integrity or quality of such materials.
While using the Site, Services, and/or Downloads,
you agree to comply with all applicable
laws, rules and regulations. We have no
obligation to monitor the Site or any materials
that you transmit to the Site. However,
you acknowledge and agree that we have the
right to (a) monitor the Site from time
to time and the materials you transmit;
(b) delete, edit, move, or disable any such
materials; and (c) disclose any information
(including your personal contact information)
to any third party in order to operate the
Site or Services properly; to protect B4Class,
Inc., the Site, our sponsors, partners,
affiliates, and our members and visitors
or any other party; and to comply with any
legal obligations or governmental or other
appropriate requests. Upon our request,
you agree to sign a non-electronic version
of this Agreement.
(2) SUBMISSIONS. Material
you send to us or post (or that you have
sent or posted prior to the effective date
of this Agreement) anywhere on the Site,
including without limitation, "fanfiction,"
text, artwork, graphics, photos, music or
software may be used by B4Class, Inc., or
its affiliates throughout the world in perpetuity
for any purpose, including, but not limited
to, reproduction, disclosure, transmission,
publication, broadcast, posting and sublicensing,
and may be modified to enable any such use.
Furthermore, you acknowledge that B4Class,
Inc. is free to use any ideas, concepts,
know-how, or techniques contained in any
communication that you send to or post on
the Site (including any such communication
sent or posted prior to the effective date
of this Agreement) for any purpose whatsoever
including, but not limited to, developing,
manufacturing and marketing products using
such information. As a general rule, we
ask that you do not post, send or bring
to our attention any other creative materials
of any kind, such as stories or character
ideas, screenplays, songs, or original artwork,
unless you agree to our use thereof as described
above. We hope you will understand that
it is the intent of this policy to avoid
the possibility of future misunderstandings
when projects developed independently by
our professional staff or by B4Class,
Inc. affiliates might seem to others to
be similar to their own creative work.
If, despite our request that you not send
us any creative materials, you send or have
sent us creative suggestions, ideas, notes,
drawings, concepts or other information
(collectively, the "Information"),
the Information shall be deemed, and shall
remain, our property, and B4Class, Inc.
shall own all now known and hereafter existing
rights of every kind in and to the Information,
in perpetuity. None of the Information shall
be subject to any obligation, whether of
confidentiality, attribution, or otherwise,
on our part and we shall not be liable for
any use or disclosure of any Information.
Applicable law may restrict or limit the
foregoing provisions of this paragraph.
If so, without limitation of the foregoing,
you agree that in no event shall B4Class,
Inc.'s liability exceed the amount payable
to a writer under the Writers Guild of America
Basic Agreement (as of the date of the submission)
for a first-time writer of such materials.
Without limitation of the foregoing, in
the event that B4Class, Inc. is legally
prohibited from assuming ownership of the
Information, by sending us Information you
expressly grant us (and our partners and
affiliates) a worldwide, non-exclusive,
sublicensable (through multiple tiers),
assignable, royalty-free, perpetual, irrevocable
right to use, reproduce, distribute (through
multiple tiers), create derivative works
of, publicly perform, publicly display,
digitally perform, make, have made, sell,
offer for sale and import such Information
in any media now known or hereafter developed,
for any purpose whatsoever, commercial or
otherwise, without compensation to you or
any provider of the Information.
(3) OWNERSHIP AND RESTRICTIONS ON USE
OF MATERIALS. ©2007
B4Class, Inc. All Rights Reserved. The Site
is owned and operated by us in conjunction
with our affiliates, licensors, licensees,
partners, and others pursuant to contractual
arrangements. You may not copy, reproduce,
republish, upload, post, transmit or distribute
materials from the Site in any way, without
our prior written permission, except you
may download one copy of such material on
any single computer for your personal, non-commercial
home use only, provided you keep intact,
without change, all copyright and other
proprietary notices. Modification of the
materials or use of the materials for any
other purpose is a violation of our copyright
and other proprietary rights, and is strictly
prohibited. You acknowledge that you do
not acquire any ownership rights by using
the Site.
If you download software or data files from
the Site, such software and files (including
without limitation any audio files, video
files, data files, and any files transmitted
to you as part of the B4Class, Inc. Newsletter
or similar services, images incorporated
in or generated by the software, and data
accompanying the software) (collectively,
the "Downloads") are licensed
on a limited basis to you by us or the owner
of such Downloads. Title to the Downloads
is not transferred to you. You may own the
medium on which the Downloads are recorded,
but we retain all right, title, and interest
in and to the Downloads, and all intellectual
property rights therein. You may not resell,
decompile, reverse engineer, disassemble
or otherwise reduce the Downloads to a human-perceivable
form, or transfer the Downloads to any third
party.
The Digital Millennium Copyright Act of
1998 (the "DMCA") provides recourse
for copyright owners who believe that material
appearing on the Internet infringes their
rights under U.S. copyright law. If you
believe in good faith that materials we
host infringe your copyright, you (or your
agent) may send us a notification requesting
that the material be removed, or access
to it blocked. To be effective, the notification
must include the following:
1. A physical or electronic signature of
a person authorized to act on behalf of
the owner of an exclusive right that is
allegedly infringed.
2. Identification of the copyrighted work
claimed to have been infringed, or if multiple
copyrighted works at a single online site
are covered by a single notification, a
representative list of such works at that
site.
3. Identification of the material that is
claimed to be infringing or to be the subject
of infringing activity and that is to be
removed or access to which is to be disabled,
and information reasonably sufficient to
permit us to locate the material.
4. Information reasonably sufficient to
permit us to contact you, such as an address,
telephone number, and if available, an electronic
mail address at which you may be contacted.
5. A statement that you have a good faith
belief that use of the material in the manner
complained of is not authorized by the copyright
owner, its agent, or the law.
If you believe in good faith that a notice
of copyright infringement has been wrongly
filed against you, the DMCA permits you
to send us a counter-notice. Notices and
counter-notices must meet statutory requirements
imposed by the DMCA. A statement that the
information in the notification is accurate,
and under penalty of perjury, that the complaining
party is authorized to act on behalf of
the owner of an exclusive right that is
allegedly infringed.
(4) REGISTRATION OBLIGATIONS/SCREEN
NAMES.
A. You may not be obligated to register
with B4Class, Inc. in order to access the
"Demo" Site or "Demo"
Services. However, B4Class, Inc. offers
certain features and services for which
registration is necessary. Depending on
the Service, you will either select your
own password at the time of registration,
use your email address as your log-in or
password, or will receive an email notification
from us with a randomly generated initial
password. Whenever you contribute to a public
forum, your user name and a link to your
profile may automatically appear with your
post. In addition, you may submit your email
address in order to receive periodic updates
about new B4Class, Inc. features, online
products, and other matters, through a B4Class,
Inc. Newsletter. Additional contact information,
including name, address, and phone number,
may be required for participation in online
quizzes and contests. All such submissions
are governed by B4Class, Inc.'s Privacy
Policy. We may refuse to grant you, and
you may not use, a user name (or email address)
that is already being used by someone else;
that may impersonate another person; that
belongs to another person, without his or
her prior consent; that violates the intellectual
property or other rights of any person;
that is vulgar or otherwise offensive; or
that we reject for any other reason in our
sole discretion.
B. In consideration of your use of the Site
and Services, you agree, where information
is requested, to provide true, accurate,
current, and complete information about
yourself, and to maintain and update it
promptly. You agree that if any information
you provide is false, inaccurate, not current,
or incomplete, we may terminate your use
of the Site and/or the Services. You are
responsible for maintaining the confidentiality
of your password, and agree not to transfer
your use of or access to the Site or Services
to any third party. You are fully responsible
for all activities that occur under your
password or user name, including without
limitation purchases. You agree to (a) immediately
notify B4Class, Inc. of any unauthorized
use of your password or user name or any
other breach of security, and (b) ensure
that you exit from your account at the end
of each session. B4Class, Inc. is not liable
for any loss or damage arising from your
failure to comply with all of the foregoing
obligations.
(5) JURISDICTIONAL ISSUES.
Unless otherwise specified, the materials
in the Site are presented solely for the
purpose of promoting the entertainment,
information, and community resources and
services available in, and other uses in,
the United States, its territories, possessions
and protectorates. We control and operate
the Site from within the State of California,
United States of America. We make no representation
that materials in the Site are appropriate
or available for use in other locations.
Those who choose to access the Site from
other locations do so on their own initiative
and are responsible for compliance with
local laws, if and to the extent local laws
are applicable. The Downloads are further
subject to United States export controls.
No Downloads 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, Taliban-controlled
areas of Afghanistan, 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
Downloads, 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.
We reserve the right to limit the availability
of the Site and/or the provision of any
service, program, 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, or other product
that we provide.
(6) TERMINATION. This agreement
is effective until terminated by either
party. You may terminate this agreement
at any time by notifying us and ceasing
all use of any of the B4Class, Inc. Services
or Sites. This agreement will terminate
immediately without notice from us if, in
our sole discretion, you fail to comply
with any term or provision of this agreement.
Upon termination, you may not make any further
use of any of the B4Class, Inc. Services
or Sites or any materials obtained from
the sites (unless and until you agree to
be bound by the then-current applicable
Terms of Use). Any provisions of this Agreement
which, by their terms, ought to survive,
shall survive any termination of this Agreement.
(7) DISCLAIMERS. THE MATERIALS
CONTAINED ON AND/OR IN THE SITE AND SERVICES,
ANY PRODUCT OR SERVICE OBTAINED THROUGH
THE SERVICES, SITE, OR THE SOFTWARE ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, B4Class, INC. AND ITS
AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE. Applicable
law may not allow the exclusion of implied
warranties, so the above exclusions may
not apply to you.
B4Class, INC. AND ITS AFFILIATES, SUPPLIERS,
AND AGENTS DO NOT WARRANT THAT YOUR USE
OF THE SERVICES, THE SITE, OR THE SOFTWARE
WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE,
THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SERVICES OR THE SITE (OR THE SERVER
THAT MAKES THEM AVAILABLE) OR SOFTWARE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE
FOR OBTAINING AND MAINTAINING ALL TELEPHONE,
COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED
TO ACCESS AND USE THE SERVICES, AND ALL
CHARGES RELATED THERETO. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SERVICES, SITE, AND THE SOFTWARE AND
YOUR RELIANCE THEREON. NO OPINION, ADVICE,
OR STATEMENT OF B4Class, INC. OR ITS AFFILIATES,
SUPPLIERS, OR AGENTS, WHETHER MADE ON THE
SITE, IN THE SERVICES, SOFTWARE, OR OTHERWISE,
SHALL CREATE ANY WARRANTY.
We neither endorse nor are responsible for
any opinion, advice, information, or statement
made or displayed on the Sites by third
parties. Under no circumstances will we
or our affiliates, suppliers, or agents
be liable for any loss or damage caused
by your reliance on such information obtained
through the Site. Remember that it's your
responsibility to evaluate the accuracy
and reliability of any opinion, advice,
information, or statement available on the
Site.
A possibility exists that the Site and/or
Services could include inaccuracies or errors.
Additionally, a possibility exists that
unauthorized alterations could be made by
third parties to the Site and/or Services.
Although we attempt to ensure the integrity
of the Site and the Services, we make no
guarantees as to the Site's or the Services'
completeness or correctness. In the event
that such an inaccuracy arises, please inform
us at B4Class, Inc. at www.B4Class.com,
so that we can try to correct it. California
residents may reach the Complaint Assistance
Unit of the Division of Consumer Services
of the California Department of Consumer
Affairs by mail at 400 R Street, Suite 1080,
Sacramento, CA 95814, or by telephone at
(916) 445-1254 or (800) 952-5210.
THE B4Class, INC. SITES MAY CONTAIN LINKS
TO THIRD-PARTY SITES WHICH ARE NOT UNDER
THE CONTROL OF B4Class, INC. AND B4Class,
INC. IS NOT RESPONSIBLE FOR THE CONTENT
ON ANY LINKED SITE. IF YOU ACCESS A THIRD-PARTY
SITE FROM OUR SITE, THEN YOU DO SO AT YOUR
OWN RISK. B4Class, INC. PROVIDES LINKS
AS A CONVENIENCE AND THE INCLUSION OF THE
LINK DOES NOT IMPLY THAT B4Class, INC.
ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR
THE CONTENT ON THOSE THIRD-PARTY SITES.
(8) LIMITATION OF LIABILITY.
NEITHER B4Class, INC. NOR ITS SUPPLIERS,
AFFILIATES, AGENTS OR SPONSORS ARE RESPONSIBLE
OR LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE
OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING
OUT OF OR RELATING IN ANY WAY TO THE SITE
AND/OR CONTENT CONTAINED ON THE SITE, THE
SERVICES, THE SOFTWARE, OR ANY PRODUCT OR
SERVICE PURCHASED THROUGH THE SITE. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH ANY
PORTION OF THE SITE, THE SERVICE, THE SOFTWARE,
AND/OR CONTENT CONTAINED WITHIN THE SITE
IS TO STOP USING THE SITE, THE SERVICE,
AND/OR SOFTWARE, AS APPLICABLE. THE SOLE
AND EXCLUSIVE MAXIMUM LIABILITY TO B4Class,
INC. AND ITS AFFILIATES FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE), OR OTHERWISE) SHALL BE THE
TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS
THE SERVICES.
(9) INDEMNIFICATION. You
agree to indemnify, defend and hold us,
our officers, directors, employees, agents
and representatives harmless from and against
any and all claims, damages, losses, costs
(including reasonable attorneys' fees),
or other expenses that arise directly or
indirectly out of or from (a) your breach
of this Agreement, including without limitation,
any violation of the Code of Conduct set
forth in Paragraph 1 of Section 1; (b) any
allegation that any materials that you submit
to us or transmit to the Site infringe or
otherwise violate the copyright, trademark,
trade secret or other intellectual property
or other rights of, or defame, any third
party; and/or (c) your activities in connection
with the Site.
(10) GOVERNING LAW.
The TOS shall be exclusively governed
by and construed in all respects under the
laws of the State of California, without
giving effect to any choice-of-law or conflict-of-laws
provisions. You further agree to submit
to the personal jurisdiction of the state
courts located in Orange County, California
and the personal jurisdiction of the federal
courts located within Central District of
California for any and all legal claims,
suits or actions that arise in connection
with this Service or from a dispute as to
the interpretation or breach of the TOS.
(11) MISCELLANEOUS. If
any provision of this Agreement is found
to be unlawful, void, or for any reason
unenforceable, then that provision shall
be deemed severable from this Agreement
and shall not affect the validity and enforceability
of any remaining provisions. This is the
entire Agreement between us relating to
the subject matter herein and supersedes
and any all prior or contemporaneous written
or oral Agreements between us. This Agreement
is not assignable, transferable or sub-licensable
by you except with B4Class, Inc.'s prior
written consent. 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. Any heading,
caption or paragraph title contained in
this Agreement is inserted only as a matter
of convenience and in no way defines or
explains any paragraph or provision hereof.
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