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.
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