TERMS & CONDITIONS OF USE
1. General
1.1 This agreement governs your use of the BIMS
International Internet information service (the "Service") which is
operated by BIMS International. Additional terms and conditions of use
applicable to specific areas of the Service may also be posted in such areas
and, together with this agreement, govern your use of those areas. This
agreement, together with any such additional terms and conditions, are referred
to as this "Agreement".
1.2 BIMS International reserves the right, in
its discretion, to change or modify all or any part of this Agreement at any
time, effective immediately upon notice published on the Service. Your
continued use of the Service constitutes your binding acceptance of these terms
and conditions, including any changes or modifications made by BIMS
International as permitted above. If at any time the terms and conditions of
this Agreement are no longer acceptable to you, you should immediately cease
all use of the Service.
1.3 BIMS International is a general audience
site and will not knowingly accept members who are under the age of 13 years
nor will we knowingly collect or maintain personally identifiable information
from or about anyone under the age of 13 years.
2. Use of Content
2.1 You acknowledge that the Service contains
information, software, photographs, audio and video clips, graphics, links and
other material (collectively, the "Content") that are protected by
copyright, trademark or other proprietary rights of BIMS International or third
parties. All Content on the Service is copyrighted as a collective work of BIMS
International pursuant to applicable copyright law. You agree to comply with
any additional copyright notices, information, or restrictions contained in any
Content available on or accessed through the Service. Users of the Service may
use the Content only for their personal, noncommercial use.
2.2 You may not modify, publish, transmit,
transfer or sell, reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the Content, in whole or in part, except
as expressly permitted in this Agreement. Content consisting of downloadable
software may not be reverse engineered unless specifically authorized by the
owner of the software's patent and/or copyright. You may post on the Service
any Content owned by you (such as your original statement), Content for which
you have received express permission from the owner and Content in the public
domain. You assume all risk and responsibility for determining whether any
Content is in the public domain. You grant to BIMS International the right to
edit, copy, publish, distribute, translate and otherwise use in any medium any
Content that you place on the Service without compensation to you. You
represent and warrant that you are authorized to grant all rights set forth in
the preceding sentence.
2.3 You may download or copy the Content only
for your own personal use, provided that you maintain all copyright and other
notices contained in such Content. You shall not store electronically any
significant portion of any Content. Except as expressly permitted by the
copyright laws, no copying, storage, redistribution or publication of any
Content is permitted without the express permission of BIMS International or
the owners of such Content or their authorized persons, if other than BIMS
International. You may download from the Service any Content in the public
domain for your own personal use or for noncommercial redistribution.
3. Software Available On BIMS International
Sites
If you download third-party software that BIMS
International indexes on its
4. Rules of Conduct
You shall not post on the Service any Content
which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or
threatening, (b) contains viruses or other contaminating or destructive features,
(c) violates the rights of others, such as Content which infringes any
copyright, trademark, patent, trade secret or violates any right of privacy or
publicity, or (d) otherwise violates any applicable law. You may not post on
the Service any links to any external Internet sites that are obscene or
pornographic. You shall not use the Service for any commercial purpose, to
distribute any advertising or solicitation of funds or goods and services or to
solicit users to join competitive online services.
5. Managing Content
BIMS International does not and cannot review
the Content posted by users on the Service and is not responsible for such
Content. However, BIMS International reserves the right to delete, move or edit
any Content that it may determine, in its sole discretion, violates this
Agreement or is otherwise unacceptable. You shall remain solely responsible for
all Content posted by you. BIMS International shall have the right, but not the
obligation, to correct any errors or omissions in any Content, as it may
determine in its sole discretion.
6. No Endorsement
6.1 BIMS International does not represent or
endorse the accuracy or reliability of any Content and you acknowledge that any
reliance upon such Content shall be at your sole risk.
6.2 The Service may contain links to sites on
the Internet which are owned and operated by third parties (the "External
Sites"). You acknowledge that BIMS International is not responsible for
the availability of, or the content located on or through, any External Site.
You should contact the site administrator or Webmaster for those External Sites
if you have any concerns regarding such links or the content located on such
External Sites.
7. Indemnity
You agree to indemnify, defend and hold BIMS
International and its affiliates, and their respective officers, directors,
owners, agents, information providers and licensors (collectively, the "BIMS
International Parties") harmless from and against any and all claims,
liability, losses, costs and expenses (including attorneys' fees) incurred by
any BIMS International Party due to or arising out of the Content submitted,
posted, or transmitted through the Service, your use of the Service, your
connection to the Service, your violation of the Agreement, or your violation
of any rights of another.
8. Termination of Service
BIMS International reserves the right, in its
sole discretion, to restrict, suspend or terminate your access to all or any
part of the Service, at any time for any reason without prior notice or
liability. BIMS International may change, suspend or discontinue all or any
aspect of the Service at any time, including the availability of any feature,
database, or Content, without prior notice or liability.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
9.1 NEITHER BIMS INTERNATIONAL NOR ANY
PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES BIMS INTERNATIONAL, ANY
THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS
TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE
SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE"
BASIS. NONE OF BIMS INTERNATIONAL, THIRD PARTY CONTENT PROVIDERS AND THEIR
RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE.
NEITHER BIMS INTERNATIONAL NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT
ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES
OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY
OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
9.2 NEITHER BIMS INTERNATIONAL, ANY THIRD
PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 SOME STATES DO NOT ALLOW EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH
STATES, THE LIABILITY OF BIMS INTERNATIONAL, THIRD PARTY CONTENT PROVIDERS AND
THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
10. Miscellaneous
This Agreement constitutes the entire
agreement between the parties with respect to the subject matter hereof, and
supersedes all previous written or oral agreements between the parties with
respect to such subject matter. If any inconsistency exists between the terms
of this agreement and any additional terms and conditions posted on the
Service, such terms shall be interpreted as to eliminate any inconsistency, if
possible, and otherwise, the additional terms and conditions shall control.
Sections 2, 4, 8 and 9 shall survive any termination of this Agreement as well
as any other provisions which by their terms or sense are intended to survive.