Terms and Conditions
 
TERMS AND CONDITIONS FOR USE OF THIS WEBSITE

1. By visiting or using this website in any way, or linking to this website, you are entering into an agreement with Broccoli International USA Inc. ("BIUS") to be bound by the then-current version of these Terms and Conditions. You are also bound by all other applicable laws. This is the entire agreement between you and BIUS relating to this website. BIUS has the right to revise these Terms and Conditions at any time.

2. ALL CONTENT OF THIS WEBSITE, INCLUDING ANY SOFTWARE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BIUS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO SUCH CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH BIUS WISHES THE CONTENT OF THIS WEBSITE TO BE ACCURATE, COMPLETE, AND CURRENT, BIUS DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS WEBSITE (INCLUDING ANY SOFTWARE) IS ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

3. UNDER NO CIRCUMSTANCES WILL BIUS BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF SUCH WEBSITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION, EVEN IF BIUS HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

4. BIUS controls and operates this website from California and makes no representation or warranty that the content of this website is appropriate, lawful, or available for use in other geographic locations. If you use this website from other locations, you are responsible for compliance with all applicable local laws.

5. Links to other websites or Internet locations from this website have been provided for your convenience only. BIUS does not endorse, sponsor, or approve any of the content of such websites or locations. BIUS has no control over any of the websites or other Internet locations that you may access through this website, and is not responsible for the content or accuracy of the content of any such websites or locations. If you access any other website or Internet locations through this website, you do so at your own risk.

6. BIUS owns or has the right to use all of the data, information, text, images, sounds, icons, and other content contained on this website (including software and transmissions to this website), and the copyrights and other intellectual property rights therein, unless otherwise noted. You may review, download, and/or print one copy of the content of this website, but you may not make more than one copy of such content, modify it in any way, distribute or transmit it to any other person or company, frame or otherwise display any of the content of this website on your own or any other website, or make any other use of it. Such copying, modification, distribution or transmission, display, or use would breach this agreement and infringe BIUS's copyrights, copyrights licensed to BIUS, and/or other intellectual property rights owned by or licensed to BIUS. If you download software from this website, BIUS owns such copy and you are licensed to use it for its intended purpose but may not sell copies of it, modify it, display it, redistribute or transmit it, or use it in any other way. If you download and/or print any content of this website, you agree to maintain any and all copyright notices and other notices or statements of proprietary rights appearing on such content. BIUS has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content of any other website that you access from this website.

7. Broccoli International USA, Broccoli Books, and the related logo is a registered trademark of Broccoli International. You may not use any of these trademarks or service marks in any way, for example, you may not use any such marks as links to this website from other websites, or as machine-readable search terms ("metatags").

8. BIUS reserves the right to change or discontinue at any time, without notice, any materials, equipment, specifications, models, products, or services described on this website, or the availability thereof. Products, methods, and processes described on this website may be covered by U.S. or foreign patents and/or other intellectual property rights.

9. Software made available on this website may be subject to United States export control laws. No software from this site may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, North Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Departrnent's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software made available on this website, 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.

10. If you transmit any information of any kind (including software) to this website, you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any other person or company, that such information is not confidential or proprietary to you or any other person or company, that such information does not injure any other person or company, and that BIUS may copy, distribute, modify, display, disclose, obtain intellectual property protection in its own name for, or otherwise use such information (and any ideas embodied therein), and may manufacture, use, and sell products, methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to BIUS and without acknowledgment of authorship or source. BIUS shall not be liable for any compensation, claims, or damages resulting from any use of any such information, and you agree to defend and hold BIUS harmless with respect to any such compensation, claims, or damages, including attorney fees.

11. BIUS may review transmissions to this website from time to-time, but is under no obligation to do so. BIUS disclaims all responsibility for the content of such transmissions and all liability arising from such content. You may not transmit any inflammatory, libelous, defamatory, obscene, unlawful, threatening, or otherwise objectionable information to this website. BIUS may remove any transmissions to this website at any time. BIUS shall not be liable for any compensation, claims, or damages resulting from any transmissions to this website and you agree to defend and hold BIUS harmless with respect to any such compensation, claims, or damages, including attorneys fees.

12. Your obligations under these Terms and Conditions shall continue for as long as you access or use this website or use or maintain any of the content (including software) of this website or copies thereof You may terminate your obligations at any time by discontinuing your use of this website and by destroying all content obtained from it, and all copies thereof.

13. These Terms and Conditions shall be governed by the laws of California and applicable federal laws, without giving effect to conflicts of laws principles. If any portion of these Terms and Conditions is unlawful, invalid, or unenforceable, then such portion of these Terms and Conditions shall be deemed severed here from and shall not affect the validity or enforceability of the remainder of these Terms and Conditions.

© 2004 Broccoli International USA, Inc.


     © 2003 Broccoli Books, a division of Broccoli Intl. USA, Inc.