PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of POWERMEDIA.COM following the posting of changes to these terms (including the POWERMEDIA.COM Privacy Statement and Site Rules) will mean you accept those changes.
 

RESTRICTIONS ON USE OF MATERIALS.

This site is owned and operated by POWER MEDIA, INC. (referred to as "POWER MEDIA," "we," "us," or "our" herein). No material from POWERMEDIA.COM or any Web Site owned, operated, licensed, or controlled by POWER MEDIA may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of POWER MEDIA's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web Site or networked computer environment is prohibited. Unless otherwise noted, all trademarks, service marks, and trade names are proprietary to POWER MEDIA.

In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by POWER MEDIA. POWER MEDIA does not transfer title to the Software to you. You own the medium on which the Software is recorded, but POWER MEDIA retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
 

SUBMISSIONS.

POWER MEDIA is pleased to hear from its customers and guests to its Web Site fans and welcomes your comments regarding POWER MEDIA products, including POWER MEDIA's online services. Unfortunately, however, POWER MEDIA's long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by POWER MEDIA's professional staff or stable of Authors might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as software, stories or character ideas, concepts, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. If you are interested in submitting software, stories or character ideas, concepts, original artwork, or the like to POWER MEDIA, please contact us at info@powermedia.com.

If, at our request, you send certain specific submissions (e.g., postings to chat room, bulletin boards, or sweepstakes/games/contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of POWER MEDIA. None of the Submissions shall be subject to any obligation of confidence on the part of POWER MEDIA, and POWER MEDIA shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, POWER MEDIA shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
 

FORUMS AND PUBLIC COMMUNICATION.

"Forum" means a chat area, bulletin board, or E-Mail function offered as part of POWERMEDIA.COM. You shall not upload to, distribute through, or otherwise publish through POWERMEDIA.COM any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.

The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other POWERMEDIA.COM guests to join or become members of any commercial online service or other organization is expressly prohibited. You must also follow the Site Rules whenever you are using POWERMEDIA.COM.
 

It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of Registration data (see our Privacy Statement), we will not monitor, edit, or disclose the contents of a guest's E-Mail unless required in the course of normal maintenance of POWERMEDIA.COM and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on POWER MEDIA; (2) protect and defend the rights or property of POWER MEDIA; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
 

JURISDICTIONAL ISSUES.

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting programs, services, and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by POWER MEDIA from its offices within the State of Oregon, United States of America. POWER MEDIA makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, 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.
 

TERMINATION.

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all POWER MEDIA site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from POWER MEDIA if in POWER MEDIA's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other POWER MEDIA site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
 

DISCLAIMER.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, POWER MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POWER MEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POWER MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT POWER MEDIA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
 

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL POWER MEDIA BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF POWER MEDIA OR A POWER MEDIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL POWER MEDIA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
 

OTHER.

These terms shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Multnomah or Clackamas County, Oregon, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

LAST UPDATED: 12/28/98
 

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