Big Web Pages is a service provided by Videomaine.com, a corporation licensed in the state of Maine in the United States of America ,hereafter referred to as Videomaine. Purchase of goods and services are deemed to be made in the state of Maine, USA and governed by the laws of the state of Maine, USA.
BY ENTERING OR USING Videomaine.com's Big Web Pages , hereafter referred to as BWP, YOU ARE CONSENTING TO BE BOUND BY THESE BWP TERMS OF SERVICE.
BWP is intended for users over the age of 18. A valid, working e-mail address must be entered when a user first signs on and registers for a free trial. Sites with non working e-mail addresses may be deleted during the free 30 day trial period.
You understand that all information, data, text, files, links, software, chat, content, music, sound, photographs, graphics, images, video, communication, messages or other materials and terms of expression ("Information"), whether publicly posted or privately transmitted, are the sole responsibility of the user from which such Information originated. This means that you are responsible and may be held legally liable for all Information that you upload, post or otherwise transmit via BWP. For example, you shall not:
(1) transmit upload or post via BWP any Information that is offensive, vulgar, sexually explicit, racial, hateful, discriminating, unlawful, invasive of another's privacy, exploitation of a minor, identifiable information of a minor, information or instructions concerning illegal activities, information that is harmful, threatening, abusive, harassing, defamatory, libelous, tortuous, obscene, or otherwise objectionable; (2) harass, threaten, abuse, defame, embarrass or cause distress or discomfort upon another; (3) transmit upload or post via BWP any Information that you don't have a right to transmit under any law, including but not limited to Information that infringes any patent, trademark, trade secret, copyright or other proprietary right; (4) transmit, upload or post any Information that contains software viruses 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; (5) disrupt the normal flow of Information available on or through BWP or otherwise act in a manner that negatively affects other participants, transmit, upload or post hidden pages or images, interfere with or disrupt the functionality of BWP or the BWP servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to BWP, the BWP network, servers, directories, databases and listings; )6) transmit, upload or post any SPAM, unsolicited advertising, promotional materials, or any other forms of solicitation; (7) intentionally or unintentionally violate any applicable local, state, national or international law or regulation;. (8) translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, exploit, reproduce, duplicate, rent, lease, sell, resell, lend, distribute, remarket or otherwise dispose of BWP, use of BWP, or access to BWP or any part thereof; (9) Impersonate in any way, including but not limited to, by way of forging headers, or otherwise manipulate identifiers, any person, entity, leader, ICQ official, operator or host
Videomaine. does not control, monitor or review the Information uploaded, posted, transmitted or made available on or through BWP and, as such, shall not be responsible for any Information and does not guarantee the accuracy, integrity or quality of such Information. You understand that by using BWP, you may be exposed to Information that is offensive, indecent or objectionable.
By transmitting, uploading, posting or submitting any Information to BWP you (a) declare such Information is not confidential, secret or proprietary information belonging to someone else; and (b) warrant that no other party has rights to the Information and that your transmission, posting, uploading or submission of the Information to BWP does not violate any copyright or other laws;
Videomaine reserves the right to delete any web page uploaded, posted or displayed by user, at any time, without prior notice, for any reason or no reason. Videomaine may terminate, at its own discretion, any registration, including but not limited, to any or all related information, communications, postings or Web pages, at any time, without notice, for any reason or no reason, including without limitation, for conduct that violates local, state or federal laws or regulations, these Terms of Service, or material that Videomaine., in its sole discretion believes is harmful to others, the business of Videomaine or other third parties information or service providers. Refunds will be made as per our refund policy
DISCLAIMER OF WARRANTIES- YOU EXPRESSLY AGREE THAT BY SUBSCRIBING TO BWP , NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF BWP IS GIVEN OR ASSUMED BY VIDEOMAINE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. VIDEOMAINE MAKES NO WARRANTY THAT BWP WILL MEET YOUR REQUIREMENTS, OR THAT BWP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
VIDEOMAINE MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE ON OR THROUGH BWP, INCLUDING BUT NOT LIMITED TO USER CREATED PAGES, FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION ON THE USERS CREATED PAGES IS PROVIDED BY THE USERS. THE INFORMATION AVAILABLE ON OR THROUGH BWP USER CREATED PAGES IS NOT REVIEWED, CONTROLLED OR EXAMINED BY VIDEOMAINE IN ANY WAY BEFORE IT APPEARS ON BWP. VIDEOMAINE DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR WEB PAGES AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR WEB PAGES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PARTY).
VIDEOMAINE DOES NOT WARRANT OR GUARANTEE: 1) THAT ANY INFORMATION AVAILABLE ON OR THROUGH BWP WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; 2) THAT THE INFORMATION AVAILABLE ON OR THROUGH BWP WILL NOT CONTAIN ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; 3) THAT THE FUNCTIONS OR SERVICES PERFORMED BY VIDEOMAINE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN BWP WILL BE CORRECTED. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE USER'S INFORMATION OR SYSTEM
Limitation of Liability- IN NO EVENT SHALL VIDEOMAINE BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF BWP EVEN IF VIDEOMAINE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
IN NO EVENT SHALL VIDEOMAINE BE LIABLE TO ANYONE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO BWP OR THE INFORMATION OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION AVAILABLE ON OR THROUGH BWP.
YOU EXPRESSLY AGREE THAT VIDEOMAINE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF DATA, NOR IS IT REQUIRED TO RETURN ANY DATA, RESULTING FROM THE SUSPENSION OR DELETION OF USER WEB PAGES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR ANY OTHER REASONS. VIDEOMAINE URGES ALL MEMBERS TO MAINTAIN BACKUP VERSIONS OF THEIR WEB PAGES ON THEIR COMPUTERS TO GUARD AGAINST LOSSES OF ANY KIND.
YOU EXPRESSLY AGREE THAT VIDEOMAINE SHALL NOT BE LIABLE FOR ANY CONDUCT BY USERS OF BWP, INCLUDING BUT NOT LIMITED TO USERS' WEB PAGES, COMMUNICATIONS, INFORMATION PROVIDED, ETC. ICQ INC. SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED, UPLOADED, POSTED OR MADE AVAILABLE ON OR THROUGH BWP.
You expressly agree to indemnify and hold Videomaine., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Information, your use of or connection to BWP, your violation of the BWP Terms of Service, or your violation of any rights of another.
Videomaine may change from time to time, the BWP Terms of Service, beyond a period of 30 days after a notice of such change has been provided on the BWP Web site for the first time, shall constitute your consent to the new or revised BWP Terms of Service.