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Welcome to Bullrun"s Website.
This Terms of Use Agreement (this Agreement") is
a legal agreement between you ("User") and
Bullrun, LLC that governs your use of this
website. By utilizing this Bullrun website, User
acknowledges that he or she has read,
understood, and agrees to comply with the terms
and conditions stated within this Agreement.
Bullrun may amend these terms and conditions at
any time. User"s continued use of this website
constitutes acceptance of the terms and
conditions stated at the time of use.
Corporate Identification and Trademarks
All registered and/or unregistered trademarks
and/or service marks (collectively, "Marks")
used or referred to on this website are the
property of Bullrun, its parent, and affiliates
unless otherwise noted. Users may not use, copy,
reproduce, republish, upload, post, transmit,
distribute or modify these Marks in any way for
any purpose without Bullrun"s prior written
permission. The use of Bullrun "s Marks on any
other website is prohibited.
Proprietary Rights to Content
All materials contained in this website are
copyrighted except where explicitly noted
otherwise. � 2007 Bullrun, LLC. All rights
reserved.
User acknowledges and agrees that content,
including but not limited to text, software,
music, sound, photographs, video, graphics or
other material contained in this website
("Content") is protected by copyrights,
trademarks, service marks, patents or other
proprietary rights and laws. User understands
and agrees that User is permitted to make one
(1) copy of such Content for personal use only.
User may not copy, reproduce, distribute or
create derivative works from this Content or use
this Content other than as expressly authorized
by this Agreement without Bullrun"s prior,
express authorization.
User Submissions
User agrees that any materials (including
without limitation, stories, text, pictures)
submitted to Bullrun become the sole property of
Bullrun, and that User has no rights of any kind
in such materials. To the extent that such
materials can not be transferred to Bullrun,
User grants Bullrun a world-wide, royalty-free,
and non-exclusive license to modify, use,
display, distribute, sub-license, and publish
such materials for any purpose.
Links to Third
Party Sites
Bullrun may provide Users with links to other
websites. These third party sites are not under
the control of Bullrun and User acknowledges
that Bullrun is not responsible or liable for
any content, advertising, products or other
materials available from such third party sites.
User also agrees that Bullrun shall not be
liable for any loss or damage of any sort
incurred as the result of using any third
party"s website.
Limitation of
Liability
USER EXPRESSLY UNDERSTANDS AND AGREES THAT
Bullrun SHALL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR
OTHERWISE) RESULTING FROM ANY USE OF, OR
INABILITY TO USE, THIS WEBSITE, OR RESULTING
FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF
THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH
LIABILITY IS CLAIMED, EVEN IF Bullrun HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer of
Warranties
Bullrun makes no warranty that this website will
meet your requirements or that it will be
uninterrupted, timely, secure or error free; nor
does Bullrun make any warranty as to the results
that may be obtained from the use of this
website or as to the accuracy or reliability of
any information obtained through this website.
USER UNDERSTANDS AND AGREES THAT ANY CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THIS WEBSITE IS DONE AT USER"S OWN RISK AND
THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE DONE TO USER"S COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, Bullrun
PROVIDES THIS SITE CONTENT "AS IS" AND "AS
AVAILABLE" AND WITHOUT WARRANTIES OR ANY KIND,
EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT
ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT
OF INTELLECTUAL PROPERTY, AND FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT SHALL Bullrun OR
ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INDCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT
OF THE USE OR INABILITY TO USE THE SITE CONTENT,
EVEN IF Bullrun HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
User agrees, at User"s expense, to indemnify,
defend and hold harmless Bullrun, its officers,
directors, employees, agents, affiliates,
distributors and licensees from and against any
judgment, losses, deficiencies, damages,
liabilities, costs and expenses (including
reasonable attorney"s fees and expenses)
incurred in connection with or arising from any
claim, demand, suit, action or proceeding
arising out of User"s breach of this Agreement
or in connection with User"s use of this website
or any product or service related thereto.
Venue and
Governing Law
This Agreement and the relationship between User
and Bullrun shall be governed by and construed
in accordance with the laws of the State of
California. Any controversy or claim arising out
of or relating to this Agreement or relating to
use of this website and the material contained
in this website shall be resolved in a federal
or state court in Los Angeles County. User
agrees that, regardless of any statute or law to
the contrary, any claim or cause of action
arising out of or related to this Agreement must
be filed within one (1) year after such claim or
cause of action arises or it will be forever
barred.
Waiver/Severability
The waiver by either party of a breach or right
under this Agreement will not constitute a
waiver of any subsequent breach or right. If any
provision of this Agreement is found to be
invalid or unenforceable by a court of competent
jurisdiction, such provision shall be severed
from the remainder of this Agreement, which will
otherwise remain in full force and effect.
Reservation of
Rights
Any rights not expressly granted herein are
reserved. |
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