POWER MEDIA, INC.
TERMS AND CONDITIONS OF USE
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
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
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 firstname.lastname@example.org.
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.
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.
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
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
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
© Power Media, Inc., Tigard, Oregon. All Rights Reserved.