TERMS AND CONDITIONS
Welcome to the brownpride.com chat area. ("BP Chat"). BP Chat is offered to you on the following terms and conditions, and any other terms or conditions that BP Chat may publish, from time to time in its sole discretion (the "Terms"). Before participating, you must accept these Terms in their entirety. By registering, you expressly agree to be bound by the Terms. BP Chat and BrownPride.com are owned and operated by Digital Aztlan. Any references herein to BP Chat or BrownPride.com shall also mean Digital Aztlan. THE FOLLOWING DESCRIBES THE TERMS ON WHICH WE OFFER TO YOU ACCESS TO BP CHAT. BY CLICKING THE "AGREE" BUTTON AT THE BOTTOM OR TOP OF THIS TEXT, YOU AGREE TO ALL OF THE TERMS.
1. General Terms and Registration. BP Chat is a public area that's open to BrownPride.com users free of charge. The messages, opinions and other material an individual user posts are the sole responsibility of that user. BrownPride.com does not control the messages, information or files delivered to BP Chat. BrownPride.com accepts no responsibility for the accuracy, integrity or availability of information accessed or linked to through BP Chat. By signing up as a BP Chat member, the user agrees to be bound by these Terms.
2. Reservation of Rights. (a) BrownPride.com reserves the right to prohibit any conduct, communication or content it deems in its discretion to be harmful to individual users or other third-party rights, or to violate any applicable law. BrownPride.com is a monitored environment. BrownPride.com reserves the right to warn, "kick-off" or bar any user from BP Chat and/or BrownPride.com who fails to observe these Terms (b) BrownPride.com reserves the right to monitor chat for adherence to this policy and may disclose any content, records or electronic communication, of any kind, including user e-mail: (1) to satisfy any law, regulation or authorized governmental request; (2) if such disclosure is necessary to operate BP Chat; or (3) to protect the rights or property of BP Chat, BrownPride.com, a BrownPride.com user, or the public.
3. Rules. Conditions for your use of BP Chat require that you agree not to do any of the following:
- Impersonate any person or entity, including but not limited to, an Digital Aztlan employee, or falsely state or otherwise misrepresent your affiliation with such stated person or entity.
- Restrict or inhibit any other user from using and enjoying BP Chat.
- Post any material that is harmful, invasive of publicity or private rights, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, profane, hateful, offensive, illegal or otherwise objectionable: that would constitute or encourage a criminal offense or otherwise give rise to liability, or that discriminates on the basis of race, gender, sexual orientation or ethnicity.
- Post or transmit any information, software or other material which violates or infringes on the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to the regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ and any regulations having the force of law while using or accessing BP Chat.
- Post or transmit any information, software or other material which contains a virus or other harmful component.
- Post, upload, distribute or otherwise publish materials soliciting funds, promoting, advertising or offering for sale any goods or services, including soliciting other BP Chat or BrownPride.com users for other commercial online services without the express written approval of BrownPride.com.
5. User Grant. By uploading, distributing or publishing materials in any BrownPride.com forum, or the submission of materials to BrownPride.com, users automatically grant to BrownPride.com a perpetual, irrevocable, royalty free, non-exclusive license and permission to use in any manner (including reproducing, adapting, modifying, distributing and creating derivative works) such materials in any medium, form or technology now known or hereafter devised, and that all moral rights to such materials are waived. If the user is not the owner of the work, users warrant that the owner of the rights to the materials has expressly granted these rights to BrownPride.com.
6. NO WARRANTIES. BY AGREEING TO THESE TERMS, YOU AGREE THAT USE OF BP CHAT IS ENTIRELY AT YOUR OWN RISK. BP CHAT SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON BP CHAT. BP CHAT'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY BROWNPRIDE.COM CONTENT LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, BP CHAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING:
a. THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
b. WARRANTIES OF TITLE OR NON-INFRINGEMENT;
c. THAT BP CHAT WILL MEET YOUR REQUIREMENTS, OR WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE OR ACCESSIBLE, OR WILL OPERATE WITHOUT ERRORS OR DELAYS;
d. ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE;
e. ANY OBLIGATIONS, RIGHTS, CLAIMS, LIABILITIES OR REMEDIES IN TORT, WHETHER OR NOT ARISING FROM BrownPride.com'S NEGLIGENCE; AND
f. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BP CHAT DISCLAIMS ANY AND ALL OF SUCH WARRANTIES.
1. LIMITATIONS ON LIABILITY.
(a) BP CHAT WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, BP CHAT OR ANY USER'S ACTUAL OR ATTEMPTED PARTICIPATION HEREIN.
a. While we use reasonable efforts to include accurate and up to date information in BP Chat, we make no representation or warranty as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of BP Chat.
b. BP Chat assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing in BP Chat or your downloading of any materials, data, text, images, audio or video from BP Chat.