PLEASE READ. YOUR USE OF THE SITE IS SUBJECT TO THESE TERMS OF
SERVICE AND USE, IN ADDITION TO OUR PRIVACY POLICY
STATEMENT.
Bourne Legacy Enterprises, LLC owns and operates the website at www.bournelegacy.org
and various related services (together referred to as the "Site")
subject to your compliance with all the terms, conditions, and notices
contained or referenced herein in the Terms and Conditions (“TOS”), as well as
any other written agreement between us (you or your company). In addition, when
using particular services or materials on the Site, users shall be subject to
any posted guidelines or rules applicable to such services or materials that
may contain TOS. Your use of the Site (or any part thereof) signifies your
agreement to be bound by these TOS, and Bourne Legacy Enterprises, LLC Privacy Policy (the "Privacy
Policy") and, which is hereby incorporated by this reference into these
TOS. These TOS are a binding legal agreement between you and Bourne Legacy
Enterprises, LLC: please read them carefully before you use the Site. Do
not use the Site if you do not agree with any of the terms contained herein.
1. ACCEPTING TOS and USE
BY USING THE SITE, THROUGH YOUR CORRESPONDENCE FROM THE SITE, SIGNING UP FOR
NEWSLETTER, EMAIL FEEDS OR VIA BLOG COMMENTS, YOU AGREE TO BE BOUND BY THESE
TOS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TOS, PLEASE EXIT THE SITE NOW.
YOUR REMEDY FOR DISSATISFACTION WITH THE SITE, OR ANY PRODUCTS, SERVICES,
CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS TO STOP
USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT
WITH US REGARDING COMPLIANCE WITH THESE TOS BECOMES EFFECTIVE IMMEDIATELY UPON
COMMENCEMENT OF YOUR USE OF THE SITE.
The Site, and those of our subsidiaries and Affiliates, are governed by the
then current version of the TOS in effect on the date such site is accessed or
used by you. We reserve the right to change these TOS from time to time without
notice to you. By using the site, you acknowledge and agree that it is your
responsibility to review the Site and these TOS periodically and to be aware of
any modifications. Your continued use of the Site after such modifications will
constitute your acknowledgement of the modified TOS and agreement to abide and
be bound by the modified TOS.
As used in these TOS, references to our "Affiliates" include our owners,
subsidiaries, affiliated companies, officers, directors, suppliers, partners,
sponsors, and advertisers, and includes (without limitation) all parties
involved in creating, producing, and/or delivering the Site and/or its
contents.
Your use of certain Site Services, features, functionality or programs
(including, without limitation, contests, sweepstakes, promotions, wireless
marketing opportunities, RSS feeds, etc.) offered on or through the Site may be
subject to additional terms and conditions ("Special Rules"), and
before you use any such services, features, functionality or other programs you
may be required to indicate your acceptance of such additional Special Rules.
All Special Rules are incorporated into these TOS as if fully set forth herein.
2. OWNERSHIP; RESTRICTIONS on USE
The content of the Site and all copyrights, patents, trademarks, service
marks, trade names and all other intellectual property rights therein are owned
by Bourne Legacy Enterprises, LLC and/or its licensors and are protected by
applicable US and international copyright and other intellectual property laws.
You acknowledge, understand and agree that you shall not have, nor be entitled
to claim, any rights in and to the Site content and/or any portion thereof,
except: (i) with respect to your own User Submissions (excluding any of the
materials (e.g., key art, title treatment, clips, stills, music tracks, etc.)
used in your User Submissions that may be licensed to you by Bourne Legacy
Enterprises, LLC for use in your User Submissions (e.g., in connection with a
contest or other program offered on the Site) (such content referred to as the
"Bourne Legacy Enterprises, LLC Licensed Assets"); and/or (ii) to the
extent of your limited rights to use the Site for certain personal (non-commercial)
purposes, as set forth and the other terms and conditions of these
TOS. Notwithstanding the foregoing, you hereby grant to Bourne Legacy
Enterprises, LLC the rights as set forth in the section “USER SUBMISSIONS;
GRANT OF LICENSE TO BOURNE LEGACY ENTERPRISES, LLC; YOUR WARRANTIES AND
REPRESENTATIONS” below. Unless expressly authorized by Bourne Legacy
Enterprises, LLC pursuant to these TOS, or unless you have otherwise obtained Bourne
Legacy Enterprises, LLC's written permission (such as for example, but not
limitation, as part of specific instructions provided on the Site, including,
without limitation, as part of any Special Rules), you agree not to copy,
reproduce, duplicate, stream, capture, access through technology or means other
than those provided on the Site and expressly permitted hereunder, perform,
transfer, sell, resell, download, upload, archive, license to others, edit,
modify, manipulate, create derivative works from or based upon (including,
without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards,
T-shirts or other merchandise), publish, republish, post, transmit, publicly
display, frame, link from or to, distribute, share, embed, translate, decompile,
reverse engineer, translate, incorporate into any hardware or software
application, use for commercial purposes, or otherwise use or exploit the Site
or any component part thereof. Any of the unauthorized uses referred to above
would constitute an infringement of the copyrights and other proprietary rights
of Bourne Legacy Enterprises, LLC and/or its licensors (including, without
limitation, other Site users who have submitted their own User Submissions) and
a violation of these TOS and may subject you to civil and/or criminal liability
under applicable laws.
3. LICENSES GRANTED TO YOU
Subject to these TOS (including, without limitation set forth below), Bourne Legacy Enterprises, LLC
hereby grants you, if and only to the extent the necessary functionality is
provided to you on or through the Site, the following limited, revocable,
non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights
and licenses (each a "License"): (1) the License to access, view and
otherwise use the Site (including, without limitation any services provided on
or through the Site) for your personal, lawful use only, as intended through
the normal functionality of the Site; (2) the License to stream Site content
using any of the widgets and/or other digital streaming Internet video players,
if any, provided on the Site (any such widget or other digital streaming
Internet video player referred to as a "Site Widget"); (3) the
License to cut and paste certain code expressly made available to you through
the Site (whether such functionality is designated as "sharing"
functionality or not) in order to embed, re-publish, maintain, and/or display
the specific Site content to which such code relates on your own personal,
customized social networking Web page(s), Web blog(s), or microblog(s)
(collectively, your "Personal Social Media"), and/or, if the Site
provides "widget grabbing and embedding" functionality, to
"grab" a Site Widget and embed, re-publish, maintain, and/or display
such Site Widget on your Personal Social Media; (4) the License to cut and
paste certain code expressly made available to you through the Site, and/or if
the Site provides "widget grabbing and embedding" functionality, to
"grab" a Site Widget, to forward, as applicable, such code and/or
Site Widget to your friends, so that they can view the Site content contained
therein, and/or if, they so desire, so that they themselves may embed the
forwarded piece of code or Site Widget on their own Personal Social Media or
re-forward it to their own friends; (5) if the Site includes a "Send to
Friend" tool that allows you to initiate and send to one of your friends
an email communication that includes Site content, and the tool is operational,
the License to use the tool to request that the Site's servers convey your
message to your friend; (6) if the Site includes a "Download" link
next to a piece of Site content (including, without limitation, an image, a
music track, or an RSS feed), the License to download a single copy of such
content to a single computer or other permitted device for your personal,
non-commercial use only; (7) if the Site enables you to download Software, the
License to install and use one copy of the Software on your personal computer
system in machine-executable object code form only and make one additional copy
for back-up purposes; provided, however, that you understand and agree that (i)
by allowing you to download the Software, SPE does not transfer title to the
Software to you (i.e., you own the medium on which the Software is recorded,
but the Software's owner (which may be Bourne Legacy Enterprises, LLC and/or
its third party Software licensor) will retain full and complete title to such
Software; (ii) you may not copy, modify, adapt, translate into any language,
distribute, or create derivative works based on the Software without the prior
written consent of Bourne Legacy Enterprises, LLC; (iii) you may not assign,
rent, lease, or lend the Software to any person or entity and any attempt by
you to sublicense, transfer, or assign the Software will be void and of no
effect; (iv) you may not decompile, disassemble, reverse engineer, or attempt
to reconstruct, identify, or discover any source code, underlying ideas,
underlying user interface techniques, or algorithms of the Software by any
means whatsoever, except to the extent the foregoing restriction is prohibited
by applicable law; (v) because the laws and regulations of the US restrict the
export and re-export of commodities and technical data of US origin, including
the Software, you will not export or re-export the Software in any form in
violation of the laws of the US or any foreign jurisdiction, and in addition,
you represent and warrant that you are not a national or resident of any
country to which the US has embargoed goods, or on the US Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's Table
of Denial and Prohibition Orders; (8) the License to obtain a registered
personal account (and related username and password) on the Site and interact
with other Site users as part of Site-based chat rooms, message boards, social
media networks, online multiplayer games and/or other similar activities; (9)
the License to use any other functionality expressly provided by Bourne Legacy
Enterprises, LLC on or through the Site for use by users, subject to these TOS
(including, without limitation, functionality to create and/or Submit User
Submissions).
4. YOUR RESPONSIBILITIES
Your rights under any one or more of the Licenses set forth above are
conditioned upon your compliance, with each of the following: (1) you will not
create or Submit (as defined below) a User Submission that is unlawful,
pornographic, obscene, defamatory, libelous, threatening, discriminatory,
harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally
or ethnically offensive, or that encourages criminal conduct, or that gives
rise, or potentially gives rise, to civil or criminal liability, or that
violates any applicable laws, rules, regulations or Federal Trade Commission
guidelines ("Applicable Laws"), or that infringes or violates any
other party’s(ies’) intellectual property rights or links to infringing or
unauthorized content; (2) you will not embed, re-publish, maintain and/or
display any Site content (including, without limitation, any of your own User
Submissions) on any Personal Social Media or other web site or other Internet location
that ordinarily (i) contains or hosts content that is unlawful, pornographic,
obscene, defamatory, libelous, threatening, discriminatory, harassing,
bullying, vulgar, indecent, profane, hateful, racially, culturally or
ethnically offensive, or that encourages criminal conduct, or that gives rise,
or potentially gives rise, to civil or criminal liability, or that violates any
Applicable Laws, or that infringes or violates any other party’s(ies’)
intellectual property rights or links to infringing or unauthorized content;
(3) you will not send spam, chain letters, or any other unsolicited or
unauthorized advertising or promotional materials, or to harass, bully, stalk,
harm, or otherwise cause mental or physical distress or injury to anyone, or to
defame or disparage someone, or for any other unlawful or objectionable (as
determined by Bourne Legacy Enterprises, LLC) purpose; (4) you will not provide
false information about you or anyone else (including, without limitation, when
you are being asked on the Site to provide accurate information about your
age), and you will not impersonate or appear to impersonate anyone else or
otherwise misrepresent your affiliation with any person or entity; (5) you will
not use any one or more of the Licenses (and any associated functionality) to
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view,
display, forward, any material or information, whether personally identifiable
or not, posted by or concerning any other user of the Site, unless you have
obtained prior permission from such user to do so; (6) you will not interfere
with or disrupt, or attempt to interfere with or disrupt, the operation of the
Site (or any parts thereof); (7) you will abide by all copyright notices,
information, restrictions contained in or associated with any of the Site
content; (8) you will not remove, alter, interfere with or circumvent any of
copyright, trademark, watermark, or other proprietary notices marked/displayed
on Site content; (9) you will not remove, alter, interfere with or circumvent
any digital rights management mechanism, device or other content protection or
access control measure (including, without limitation geofiltering and/or
encryption) associated with Site content; (10) you will not use any of the
rights granted to you or any of the Site content in a manner that suggests an
association with any of Bourne Legacy Enterprises, LLC's products, services or
brands, unless otherwise specifically permitted by Bourne Legacy Enterprises,
LLC; (11) you will not use bots, spiders, offline readers or other automated
systems to access or use the Site in a manner that sends more request messages
to the Site's servers in a given period of time than a human can reasonably
produce in the same period by using a conventional Web browser, unless you are
a lawfully operating a public search engine, in which case (subject to Bourne
Legacy Enterprises, LLC's full discretion to revoke this exception at any
time), you may use spiders to index materials from the Site for the sole
purpose of creating publicly available searchable indices (but not caches or
archives) of such materials; (12) you will not knowingly transmit any material
that contains adware, malware, spyware, software viruses, timebombs,
cancelbots, worms, trojan horses, spyware, or any other computer code, files,
or programs designed to interrupt, destroy, or limit the functionality of any
computer software or hardware or telecommunications equipment; (13) you will
not do anything that is likely to adversely affect or reflect negatively upon
or harm the goodwill or reputation of Dr. Oz,Bourne Legacy Enterprises, LLC or
any of its affiliates, or the Site, or any of the content running or being
promoted on the Site (including, without limitation, any movie, television
program or other initiative); (14) you will not do anything on the Site that
would prevent other users' access to or use of the Site or any part thereof;
and (15) you will use the Site and the Licenses at all times in compliance with
these TOS and all Applicable Laws.
5. USER SUBMISSIONS; GRANT OF LICENSE TO BOURNE LEGACY ENTERPRISES, LLC;
YOUR WARRANTIES AND REPRESENTATIONS
The Site may enable you to send, post, upload, transmit through webcam
or similar functionality or otherwise submit to the Site (including, without
limitation, by allowing you to provide the URL of where a particular piece of
your content resides), or otherwise display or exchange (including, without
limitation, with other Site users) on or via the Site (collectively,
"Submit"), your videos, textual comments, photographs, images, or
other creative works and/or other personal media content and your ideas,
opinions, feedback, and other information, (collectively, your "User
Submissions"), and such User Submissions will generally be available to
all users of the Site. By submitting your User Submissions on or via the Site
you expressly acknowledge and agree that you and only you will be responsible
for the content of your User Submissions and for any consequences that may
arise therefrom. Except as may otherwise be provided in any Special Rules, it
is not Bourne Legacy Enterprises, LLC's regular, established practice to
monitor, control, or have knowledge of the User Submissions Submitted using the
Site, but Bourne Legacy Enterprises, LLC may do so in its sole discretion. When
you Submit (or attempt to Submit) your User Submissions on or through the Site,
you automatically grant to Bourne Legacy Enterprises, LLC and its affiliates,
an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid,
royalty-free, transferable, fully sublicenseable to multiple tiers of
sublicensees, non-exclusive right and license (the "Bourne Legacy
Enterprises, LLC License") to display, publicly perform, distribute
(including, without limitation, through third-party Web sites, blogs,
microblogs and other social networking media and Internet resources), store,
transcode, host, cache, maintain, broadcast, webcast, podcast, transmit,
distribute, tag, track, reproduce, edit, modify, format, re-format, link to and
from, translate, delete, create derivative works, combine with other content,
categorize, and/or otherwise use, reuse, assign, and/or otherwise exploit your
User Submissions (or any portions or derivative works thereof) and any names,
likenesses, voices, images, digital recordings, performances, and other ideas,
concepts, feedback and other materials included in your User Submissions, in
any manner, medium or content delivery technology now known or hereinafter
devised, for any purpose, as determined solely in Bourne Legacy Enterprises,
LLC's (or its authorized designees/licensees') sole discretion, without the
requirement for any compensation to you or anyone else, or the need to require
additional consent from you or anyone else, or the need to provide prior
notification or any credit to you or anyone else. The Bourne Legacy
Enterprises, LLC License shall survive in perpetuity in accordance with its
terms regardless of whether you stop using the Site or Bourne Legacy
Enterprises, LLC terminates your access to the Site. NOTHING CONTAINED HEREIN
SHALL BE DEEMED TO TRANSFER TO BOURNE LEGACY ENTERPRISES, LLC OR TO ANY OF ITS
AFFILIATES ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED,
HOWEVER, THAT BOURNE LEGACY ENTERPRISES, LLC AND/OR ITS AFFILIATES AND/OR ITS
LICENSORS WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE BOURNE LEGACY
ENTERPRISES, LLC LICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER SUBMISSIONS.
EVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO BOURNE
LEGACY ENTERPRISES, LLC THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU
ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE BOURNE
LEGACY ENTERPRISES, LLC AND/OR ANY OF ITS AFFILIATES TO HOST, DISTRIBUTE,
DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER
RIGHTS UNDER THE BOURNE LEGACY ENTERPRISES, LLC LICENSE. You acknowledge and
agree that: (i) you have no expectation of confidentiality of any nature with
respect to any of your User Submissions, and (ii) Bourne Legacy Enterprises,
LLC and/or any of its affiliates may already have projects under consideration
that are similar to your User Submissions or may independently develop projects
that are similar to your User Submissions, or other User Submissions
transmitted by other users of the Site may be similar or the same as your User
Submissions. Because of the viral nature of social media, you should not submit
any content or information to Bourne Legacy Enterprises, LLC that you do not
want to be viewed by others. In connection with all of the User Submissions you
Submit to the Site, and any other activities that you conduct on the Site, you
represent, warrant and covenant that: (i) the User Submissions are original to
you (in other words, that you own all rights in and to your User Submissions)
or, alternatively, that you have acquired all necessary rights in your User
Submissions to enable you to grant to Bourne Legacy Enterprises, LLC the Bourne
Legacy Enterprises, LLC License; (ii) you have paid or satisfied and will pay
or satisfy in full all license fees, clearance fees, royalties, and any other
financial or third party obligations of any kind, if any, arising from any use
or exploitation of your User Submissions, and Bourne Legacy Enterprises, LLC will
not be responsible for such obligations; (iii) your User Submissions do not
infringe the intellectual property rights, privacy rights, publicity rights, or
any other legal or moral rights of any third party; (iv) neither your User
Submissions, nor any of the other activities that you undertake on the Site,
are or will at any time be: defamatory or disparaging of any individual or
entity, unlawful, pornographic, obscene, threatening, vulgar, indecent,
profane, hateful, sexually explicit or sexually suggestive, intended to bully
or harass or stalk, or resulting in bullying, harassing, or stalking, racially
or ethnically or culturally offensive, or otherwise objectionable or
encouraging of criminal conduct, or giving rise, or potentially giving rise, to
civil or criminal liability, or linking to infringing or unauthorized content,
or transmitting unsolicited advertising materials, or intended to result in, or
resulting in, any mental or physical distress or injury to any person,
violative of any Applicable laws or these TOS; and (iv) your User Submissions
are not intended by you to benefit any commercial enterprise associated with
you or any third party. You agree to keep all records necessary to establish
that your User Submissions do not violate any of the foregoing representations
and warranties and to make such records available to Bourne Legacy Enterprises,
LLC upon Bourne Legacy Enterprises, LLC's request.
Bourne Legacy Enterprises, LLC is not responsible for any loss, theft
or damage of any kind to any User Submissions.
You acknowledge that Bourne Legacy Enterprises, LLC does not as a matter of
its ordinary practice pre-screen any User Submissions submitted by you or other
users of the Site but that Bourne Legacy Enterprises, LLC (and/or any of its
authorized designees) has the right to and may pre-screen or review after
initial submission any of the User Submissions for a variety of reasons,
including, without limitation, for compliance with these TOS or Applicable
laws, or if otherwise desired or necessary, as determined by Bourne Legacy
Enterprises, LLC in its sole discretion. Bourne Legacy Enterprises, LLC shall
have the right in its sole discretion to refuse, remove, edit, or disable any
of your User Submissions (and/or any other Site users' User Submissions) that
violate these TOS or are otherwise objectionable, as determined by Bourne
Legacy Enterprises, LLC in its sole discretion, as well as terminate your
and/or any Site user's continued access to and/or other use of the Site
(including, without limitation, access to and/or use of any of the Services,
features or functionality available on or through the Site). Bourne Legacy
Enterprises, LLC does not control or endorse any User Submissions, and any User
Submissions submitted to the Site do not reflect the opinions, views or
policies of Bourne Legacy Enterprises, LLC or any of its affiliates. Bourne
Legacy Enterprises, LLC disclaims any and all liability in connection with any
and all User Submissions, and you agree to waive any legal or equitable rights
or remedies you may have against Bourne Legacy Enterprises, LLC or any of its
affiliates with respect to such User Submissions.
If you remove or delete any of your User Submissions from the Site, that
User Submission will be removed from the Site within a reasonable period of
time. Nonetheless, a User Submission that you remove may still be available to
third parties who previously acquired the link to that User Submission and Bourne
Legacy Enterprises, LLC may maintain copies for archival purposes.
Bourne Legacy Enterprises, LLC reserves the right to display
advertisements in connection with your User Submissions and to use your User
Submissions to advertise and promote your User Submissions or the Site (in
whole or in part). You acknowledge and agree that you have no moral rights in
connection therewith and no right or interest in any of the revenue generated
from such advertisements.
These provisions shall remain in full force and effect in perpetuity
notwithstanding any termination of your use of the Site.
5. THIRD PARTY LINKS
Bourne Legacy Enterprises, LLC sites may link to and/or contain
advertisements about non-Bourne Legacy Enterprises, LLC owned or controlled Web
sites or other Internet resources. You acknowledge and understand that Bourne
Legacy Enterprises, LLC does not endorse or sponsor such other third party Web
sites or other Internet resources and BOURNE LEGACY ENTERPRISES, LLC EXPRESSLY
AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT,
SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON
OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET RESOURCES.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE
(AND ANY PORTION OF THE SITE) IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS
AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, Bourne Legacy
Enterprises, LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE
AND NON-INFRINGEMENT).
Neither Bourne Legacy Enterprises, LLC nor any of its
affiliates make any warranties or representations about the accuracy or
completeness of content available on or through the Site or the content of any
Web sites, Personal Social Media or other Internet resources linked to the Site
and assume no liability or responsibility for any: (i) errors, mistakes, or
inaccuracies of content; (ii) personal injury or property damage, of any nature
whatsoever, resulting from your access to or use of the Site (or any parts
thereof); (iii) any unauthorized access to or use of Bourne Legacy Enterprises,
LLC's secure servers and/or any and all personal information stored therein;
(iv) any interruption or cessation of transmission to or from the Site; (v) any
bugs, viruses, Trojan horses, or the like which may be transmitted to or
through the Site (or any parts thereof) by any third party; and/or (vi) for any
loss or damage of any kind incurred as a result of the use of any User
Submissions and/or other Site content posted, shared, forwarded, emailed,
transmitted, or otherwise made available on or through the Site and/or
otherwise through your or any other Site users' exercise of any rights under
any of the Licenses granted by Bourne Legacy Enterprises, LLC herein. Bourne
Legacy Enterprises, LLC reserves the right, in its sole and exclusive
discretion, to change, modify, add, remove or disable access without notice to
any portion of the Site (including, without limitation any of the Site
Services).
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN
NO EVENT WILL BOURNE LEGACY ENTERPRISES, LLC OR ANY OF ITS AFFILIATES OR ANY OF
THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR
LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY
(WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE
OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE OR ANY PARTS THEREOF.
Some jurisdictions do not allow the exclusion of certain warranties or
the limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations and disclaimers may not
apply to you. To the extent Bourne Legacy Enterprises, LLC may not, as a matter
of applicable law, disclaim any implied warranty or limit its liabilities, the
scope and duration of such warranty and the extent of Bourne Legacy
Enterprises, LLC's liability shall be the minimum permitted under such
applicable law.
You agree to indemnify and hold harmless Bourne Legacy Enterprises,
LLC and its affiliates and its and their respective officers, directors,
employees, representatives, licensees, authorized designees, successors and
assigns from any and all claims, liabilities, damages, losses, costs, expenses,
fees (including reasonable attorneys' fees and costs) that such parties may
incur as a result of or arising from (i) any of your User Submissions, (ii)
your exercise of any of your rights granted under the Licenses without your
compliance with your responsibilities set forth in these TOS, (iii) the breach
of any of your warranties, representations, covenants, responsibilities or
other obligations set forth in these TOS, (iv) your violation of any person's
intellectual property, privacy, publicity or other right, (v) the violation of
any Applicable Laws and/or these TOS by you and/or anyone using your registered
account to access and/or otherwise use the Site (in whole or in part), or (v)
your willful misconduct or the willful misconduct of anyone accessing the Site
through your registered account, in connection with your (and/or such other
person's) use of the Site (in whole or in part). Bourne Legacy Enterprises, LLC
reserves the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate
with Bourne Legacy Enterprises, LLC in asserting any available defenses. This
provision shall remain in full force and effect notwithstanding any termination
of your use of the Site.
Copyright © Bourne Legacy Enterprises, LLC. All Rights Reserved.
For purposes of these TOS, "content" is defined as any
information, communications, software, photos, video, graphics, music, sounds,
and other material and services that can be viewed by users on the Site. This
includes, but is in no way limited to, message boards, chat, blogs, articles
and other original content.
By accepting these TOS, you acknowledge and agree that all content presented
to you on the Site is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws, and is the sole property of
Bourne Legacy Enterprises, LLC and/or its Affiliates. You are only permitted to
use the content as expressly authorized by us or the specific content provider.
Except for a single copy made for personal use only, you may not copy,
reproduce, modify, republish, upload, post, transmit, or distribute any
documents or information from the Site in any form or by any means without
prior written permission from us or the specific content provider, and you are
solely responsible for obtaining permission before reusing any copyrighted
material that is available on the Site. Any unauthorized use of the materials
appearing on the Site may violate copyright, trademark and other applicable
laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of
materials displayed on, or obtained through, the Site will not infringe the
rights of third parties. See "Arbitration" below for a description of
the procedures to be followed in the event that any party believes that content
posted on the Site infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party.
The following are registered trademarks, trademarks or service marks of
Bourne Legacy Enterprises, LLC or its Affiliates. All custom graphics, icons,
logos and service names are registered trademarks, trademarks or service marks
of Bourne Legacy Enterprises, LLC or its Affiliates. All other trademarks or service
marks are property of their respective owners. Nothing in these Terms of Use
grants you any right to use any trademark, service mark, logo, and/or the name
of Bourne Legacy Enterprises, LLC or its Affiliates.
Subject to our Privacy Policy, any communication or material that you
transmit to the Site or to us, whether by electronic mail or other means, for
any reason, will be treated as non-confidential and non-proprietary. While you
retain all rights in such communications or material, you grant us and our
designated licensees a non-exclusive, paid-up, perpetual, and worldwide right
to copy, distribute, display, perform, publish, translate, adapt, modify, and
otherwise use such material for any purpose regardless of the form or medium
(now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we
have mutually agreed in writing otherwise. We are also unable to accept your
unsolicited ideas or proposals, so please do not submit them to us in any
circumstance.
We respect the intellectual property of others, and we ask you to do the
same. If you or any user of the Site believes its copyright, trademark or other
property rights have been infringed by a posting on the Site, you or the user
should send notification to our Designated Agent (as identified below)
immediately. To be effective, the notification must include:
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;
3. Information reasonably sufficient to permit us to contact the complaining
party, such as address, telephone number and, if available, an electronic mail
address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be
subject to infringing activity and that is to be removed and information
reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, agent, or the law; and
6. 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 infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our
Designated Agent for Notice of claims of copyright infringement can be reached
as indicated below. Service of repeat infringers of copyright or of users about
whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed
Infringement:
Bourne Legacy Enterprises, LLC.
810 Saturn Street
Suite 16
Jupiter, FL 33477
Your acknowledge and agree that upon receipt of a notice of a claim of
copyright infringement, we may immediately remove the identified materials from
our site without liability to you or any other party and that the claims of the
complaining party and the party that originally posted the materials will be
referred to the United States Copyright Office for adjudication as provided in
the Digital Millennium Copyright Act.
You understand and agree that Bourne Legacy Enterprises, LLC may, in its
sole discretion and at any time, terminate or temporarily suspend your rights
under any of the Licenses and otherwise your access to the Site, and discard,
remove, and/or disable or deactivate any or all of your User Submissions that
you Submitted to the Site (and/or any other User Submissions) and/or any other
information and data that you (and/or anyone else) may have provided to the
Site, for any reason. Bourne Legacy Enterprises, LLC may also, in its sole
discretion and at any time, discontinue the Site or any parts thereof or limit
or restrict any user access thereto, for any reason, with or without notice.
YOU UNDERSTAND AND AGREE THAT BOURNE LEGACY ENTERPRISES, LLC MAY TAKE ANY ONE
OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU
UNDERSTAND AND AGREE THAT NEITHER BOURNE LEGACY ENTERPRISES, LLC NOR ANY OF ITS
AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY
TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO SITE OR PARTS THEREOF AND/OR
THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER
SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL,
DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU
(OR ANYONE ELSE) MAY HAVE PROVIDED ON OR THROUGH THE SITE. You may discontinue
your access to, use or participation on the Site at any time.
Notwithstanding anything to the contrary herein, you hereby irrevocably
waive any right or remedy to seek and/or obtain injunctive or other equitable
relief or any order with respect to, and/or to enjoin or restrain or otherwise
impair in any manner, the production, distribution, exhibition or other exploitation
of any Bourne Legacy Enterprises, LLC-or any Bourne Legacy Enterprises, LLC
affiliate-related motion picture, production or project, or the use,
publication or dissemination of any advertising in connection with such motion
picture, production or project.
You will be deemed to have consented to the disclosure to, and use by,
a subsequent owner or operator of the Site, of any information about you
contained in the applicable Bourne Legacy Enterprises, LLC database, to the
extent Bourne Legacy Enterprises, LLC assigns its rights and obligations
regarding such information in connection with a merger, acquisition, or sale of
all or substantially all of Bourne Legacy Enterprises, LLC's assets, or in
connection with a merger, acquisition or sale of all or substantially all of
the assets related to this particular Site to a subsequent owner or operator.
In the event of such a merger, acquisition, or sale, your continued use of the
Site signifies your agreement to be bound by the TOS and privacy statement of
the Site's subsequent owner or operator.