BEASURVIVOR.COM WEB-SITE GUEST AGREEMENT:
Terms, Conditions and Disclaimer, 2008
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE. Lange Productions ("Beasurvivor.com,"
"Langeproductions.com") provides complimentary Internet-based
communications and information services to the consumer. By using
this site, you signify your agreement to these Terms and Conditions
of use. You must agree to these Terms and Conditions in order to use
the Beasurvivor.com website. Please read this document carefully.
If you do not agree to all of the Terms and Conditions of this agreement,
do not use this site!
Beasurvivor.com may revise and update these Terms and
Conditions at anytime. Please periodically review the Terms and Conditions
posted at the Beasurvivor.com Website because your continued usage
of the Beasurvivor.com website ("Beasurvivor.com Site,"
or the "Site,") will mean you accept any and all changes.
Section 1. General Disclaimer; No Medical Advice.
THE CONTENT ON THE BEASURVIVOR.COM SITE IS PRESENTED
IN SUMMARY FORM, IS GENERAL IN NATURE, AND IS PROVIDED FOR INFORMATIONAL
PURPOSES ONLY. THE CONTENT IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE
FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN
OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE
REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE
OFFERED BY OR THROUGH BEASURVIVOR.COM OR LANGEPRODUCTIONS.COM SITES
ARE INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER
DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING
YOU HAVE READ ON THE BEASURVIVOR.COM SITE!
Beasurvivor.com does not recommend or endorse any specific
test, products, or procedures that may be mentioned on the Site. Any
opinions expressed on the Site are the opinions of the authors. Beasurvivor.com
does not assume any liability for the contents of any material provided
on the Site. Reliance on any information provided by Beasurvivor.com,
its Health Experts, or other visitors to the Site is solely at your
own risk. Beasurvivor.com assumes no liability or responsibility for
damage or injury to persons or property arising from any use of any
product, information, idea, or instruction contained in the materials
provided to you. Beasurvivor.com reserves the right to change or discontinue
at any time any aspect or feature of this Site.
You understand further that the Internet contains unedited
materials some of which are sexually explicit and may be offensive
to you. You access this material at your own risk. Beasurvivor.com,
its licensors and its suppliers have no control over and accept no
responsibility whatsoever for such materials.
Section 2. Beasurvivor.com's Position on Your Privacy.
a. General.Beasurvivor.com recognizes the premium you
place on privacy protection on the Internet. Our employees share the
same concerns! Working together, we strive to protect your privacy,
including the non-identifying information you share in the personal
profile that you must complete in order to become a participating
member ("Member") within the Interactive Areas of this Site.
Beasurvivor.com subscribes to the Health on the Net
Foundation Code of Conduct for medical and health web sites. To learn
more click here: (http://www.hon.ch/Conduct.html).
Beasurvivor.com does not collect personally identifiable
information about Members or other Beasurvivor.com users ("Users")
except when such individuals specifically provide such information
on a voluntary basis. A Member's or User's access to and use of the
Beasurvivor.com Site or services constitutes information voluntarily
given by the Member or User.
b. Use of Registration Information. Personally identifiable
information of individual Members and Users will not be sold or otherwise
transferred to unaffiliated third parties without the Member's or
User's prior consent. Beasurvivor.com stores the Internet Protocol
(IP) address of your computer when you visit our site. This information
is only used to create broad demographic summaries of where our Members
and Users come from: for example, we know what percentage of Members
or Users come from Europe or Africa, but our use of the IP addresses
does not include identifying who those users actually are. However,
Beasurvivor.com may use registration information and other voluntarily
submitted information in the following ways:
• To provide our editors with information
that is useful in developing
new features and services for Beasurvivor.com Members and Users;
• To provide advertisers with aggregate - never individual
about our Member base and User usage patterns; and
• To allow us to potentially vary advertising based on Member
Beasurvivor.com reserves the right to perform statistical
profiling of Member and User behavior and characteristics in order
measure interest in and use of the various areas of the site and to
advertisers of such information. Beasurvivor.com will provide only
data from these analyses to third parties; no personally identifiable
information will be disclosed. Beasurvivor.com may sometimes permit
parties to offer subscription and/or registration-based services through
Beasurvivor.com. In this event, Beasurvivor.com is not responsible
actions or policies of such third parties and Members and Users should
It is not possible for a Member or User to delete his
or her profile from
our database, nor is it feasible to delete all traces of a Member's
User's activity in the system. Messages posted to any boards are examples
user activities that are not feasible to delete. However, we do offer
the opportunity to request deletion of your email address-the only
individually identifiable piece of information about your account
Beasurvivor.com may send email updates to Members.
If you wish to have your email address deleted from our database,
email us at firstname.lastname@example.org
and specify your email address and concerns in the body of your email.
c. Voluntary Disclosure of Personally Identifiable
Information on Bulletin
Boards, Chat Rooms, and other Interactive Areas (collectively referred
"Interactive Areas"). Subscribers and Users should be aware
that when they
voluntarily disclose personally identifiable information (for example,
name, e-mail address) on the bulletin boards or chat areas of
Beasurvivor.com, that information, along with any substantive information
disclosed in the Subscriber's or User's communication, can be collected
correlated and used by third parties and may result in unsolicited
from third parties. Such activities are beyond the control of
Beasurvivor.com. Beasurvivor.com makes no warranties about the
discoverability of members' identity by methods beyond our control.
d. Cookie Technology. Beasurvivor.com may employ cookie
technology to allow
Subscribers and Users to move more quickly through our site. Cookies
small text files a website can use to recognize repeat users and facilitate
the user's ongoing access to and use of the site. Generally, cookies
assigning a unique number to the user that has no meaning outside
assigning site. They do not come onto a user's system nor do they
threat to a user's files. Subscribers and Users should be aware that
parties hosting data for Beasurvivor.com. However, if a Subscriber
simple procedure in most browsers that allows the user to deny or
cookie feature. Please note that cookies may be necessary to provide
Subscriber or User with certain features available on Beasurvivor.com.
Section 3. Use of Content; Copyright.
Upon acceptance of these Terms and Conditions, Beasurvivor.com
authorizes you to view or download a single copy of the material on
this website solely for your personal, noncommercial use. Special
rules may apply to the use of certain software and other items provided
on the Beasurvivor.com Site. Any such special rules are listed as
"Legal Notices" on the Beasurvivor.com Site and are incorporated
into these Terms and Conditions by reference.
The contents of the Beasurvivor.com Site, such as text,
graphics, images and
other material including software licensed by Beasurvivor.com to permit
Users to access the Beasurvivor.com Site ("Content"), are
copyright under both United States and foreign laws, and title to
Content shall not pass to you or any other User. Unauthorized use
Content may violate copyright, trademark, and other laws. None of
Content may be reverse-engineered, disassembled, decompiled, reproduced,
transcribed, stored in a retrieval system, translated into any language
computer language, re-transmitted in any form or by any means (electronic,
mechanical, photo reproduction, recordation or otherwise), resold
redistributed without the prior written consent of Beasurvivor.com,
that you may reproduce limited excerpts of the data for personal use
provided that each such copy contains a copyright notice as follows:
Copyright © 1997- 2008 Lange Productions All rights
For information obtained from Lange Productions licensors,
you are solely responsible for compliance with any copyright, trademark
and other proprietary rights and restrictions and are referred to
the publication data appearing in bibliographic citations, as well
as to the copyright notices appearing in the original publications.
You may not sell or modify the Content or reproduce, display, publicly
perform, distribute or otherwise use the Content in any way for any
public or commercial purpose. The use of the Content on any other
website or in a networked computer environment for any purpose is
Content is subject to change without notice at the
editorial discretion of
Beasurvivor.com. If you violate any of these Terms and Conditions,
permission to use the Content automatically terminates and you must
immediately destroy any copies you have made of any portion of the
Section 4. Company's Liability; Disclaimer of Consequential
The Content comes from sources believed to be accurate,
but may contain inaccuracies or typographical errors. Beasurvivor.com
makes no representations about the results to be obtained from using
the Beasurvivor.com Site or the Content. The use of the Beasurvivor.com
Site and the Content is at your own risk.
YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE BEASURVIVOR.COM
INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE
INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND
DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE
LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND
ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF BEASURVIVOR.COM
ITS SUPPLIERS. ACCORDINGLY, BEASURVIVOR.COM ASSUMES NO LIABILITY FOR
RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY
OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE BEASURVIVOR.COM
THE BEASURVIVOR.COM SITE AND THE CONTENT ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
BEASURVIVOR.COM, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES'
RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. LANGE PRODUCTIONS, ITS
LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS
OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS
PROVIDED ON OR THROUGH THE USE OF THE BEASURVIVOR.COM SITE OR LANGE
PRODUCTIONS. LANGE PRODUCTIONS, ITS LICENSORS, AND ITS SUPPLIERS DO
NOT MAKE ANY WARRANTY THAT THE CONTENT CONTAINED ON THE BEASURVIVOR.COM
SITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION
ON PRESCRIPTION DRUG PRODUCTS.
IN NO EVENT SHALL LANGE PRODUCTIONS, ITS LICENSORS,
ITS SUPPLIERS OR ANY
THIRD PARTIES MENTIONED AT THE BEASURVIVOR.COM SITE BE LIABLE FOR
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE
BEASURVIVOR.COM SITE OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEASURVIVOR.COM
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BEASURVIVOR.COM SHALL
TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO
EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED US$1000.00
THOUSAND DOLLARS). REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND
LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
Section 5. User Submissions.
Except as described herein, any communication which
you post on the Beasurvivor.com Site is considered to be non-confidential.
You agree that you will not upload or transmit any communications
that infringe any patent, trademark, trade secret, copyright or other
proprietary rights of any party. By submitting communications to any
part of this Site, you automatically grant -- or warrant that the
owner of such Content has expressly granted --Lange Productions a
royalty-free, perpetual, irrevocable, world-wide nonexclusive license
to use, reproduce, create derivative works from, modify, publish,
edit, translate, distribute, perform, and display the communication
alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such rights
through multiple tiers of sublicenses.
Section 6. Use of Interactive Areas.
Beasurvivor.com may provide Interactive Areas on the
Beasurvivor.com Site. If you use an Interactive Area, you are solely
responsible for your own communications and the consequences of posting
those communications. Lange Productions does not assume any responsibility
for the consequences of any Interactive Area communications on or
arising from use of the Beasurvivor.com Site. In cases where you feel
threatened or believe someone else is in danger, you should contact
your local law enforcement agency immediately.
In consideration of being allowed to use the Interactive
Areas, you agree that the following actions shall constitute a material
breach of these Terms and Conditions: 1. Use of
an Interactive Area for any purpose in violation of local, state,
national, or international laws;
2. Post material that infringes on the intellectual
property rights of others or on the privacy or publicity rights of
3. Post material that is unlawful, obscene, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another
Member or any other person or entity as determined by Beasurvivor.com
at its sole discretion pursuant to this Section 12;
4. Post advertisements or solicitations of business;
5. After receiving a warning, continue to disrupt
the normal flow of dialogue, or post comments that are not related
to the topic being discussed (unless it is clear the discussion is
6. Post chain letters or pyramid schemes;
7. Impersonate another person;
8. Allow any other person or entity to use your
identification to post or view comments
9. Post the same note more than once (The online
word for posting many times on one topic is "spamming."
Spamming is strictly prohibited); or
10. Engage in
any other conduct that restricts or inhibits any other person from
using or enjoying the Interactive Areas, or which, in the judgment
of Beasurvivor.com, exposes Beasurvivor.com or any of its customers
or suppliers to any liability or detriment of any type.
Beasurvivor.com reserves the right to record the dialogue
in public chat
rooms. Beasurvivor.com does not screen communications in advance and
responsible for screening or monitoring material posted by Members
other person or entity. If notified by a Member of communication(s)
are alleged not to conform to the terms of this Section, Beasurvivor.com
investigate the allegation and determine in its sole discretion to
request the removal of the communication(s). Beasurvivor.com reserves
right to remove communications which are abusive, illegal, disruptive,
that otherwise fail to conform with these Terms and Conditions In
to the removal rights described above, Beasurvivor.com reserves the
terminate a Member's access to any or all Interactive Area upon Member's
breach of these Terms and Conditions. Beasurvivor.com reserves the
(but is not obligated) to edit or delete any communication(s) posted
Beasurvivor.com Site, regardless of whether such communication(s)
these standards for content.
Furthermore, Beasurvivor.com reserves the right (but
is not obligated) to monitor, edit, or disclose any type of posting
on the Interactive Areas for adherence to the Terms and Conditions,
if required in the course of normal operation and maintenance of Beasurvivor.com,
or if required to do so by law or in the good-faith belief that such
action is necessary to: (i) comply with the law or comply with legal
process served; (ii) protect and defend the rights of Beasurvivor.com
or others; or (iii) act in an emergency to protect the personal safety
of our guests or the public.
BEASURVIVOR.COM HAS NO LIABILITY OR RESPONSIBILITY
TO SUBSCRIBERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE
OF THE AFOREMENTIONED SCREENING ACTIVITIES.
Beasurvivor.com does not represent or guarantee the
truthfulness, accuracy, or reliability of any of the material posted
by Interactive Area users or endorse any opinions expressed by such
users. ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT
YOUR OWN RISK.
Through your use of a the Beasurvivor.com Site's Interactive
Areas, you are agreeing to all of the aforementioned Terms and Conditions
for the use of such Interactive Areas contained herein.
Section 7. Links to Other Sites.
The Beasurvivor.com Site contains links to third party
websites. These links are provided solely as a convenience to you
and not as an endorsement by Beasurvivor.com of the content on such
third-party websites. Beasurvivor.com is not responsible for the content
of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third-party
websites. If you decide to access linked third-party websites, you
do so at your own risk. Your use of third- party websites is subject
to the Terms and Conditions of use for such sites.
Section 8. Advertisements.
The Beasurvivor.com Site contains advertisements by
third parties, and these advertisements may contain links to other
websites. Unless otherwise specifically stated, Beasurvivor.com does
not endorse any product or make any representation regarding the content
or accuracy of any materials contained in, or linked to, any advertisement
on the Beasurvivor.com Site.
Section 9. Indemnity.
You agree to defend, indemnify and hold Lange Productions,
its officers, directors, employees, agents, licensors and suppliers,
harmless from and against any claims, actions or demands, liabilities
and settlements including without limitation, reasonable legal and
accounting fees, resulting from, or alleged to result from, your use
of the Content (including Software), or the Interactive Areas in a
manner that violates or is alleged to violate these Terms and Conditions.
Beasurvivor.com shall provide notice to you promptly of any such claim,
suit, or proceeding and shall reasonably cooperate with you, at your
expense, in your defense of any such claim, suit or proceeding.
Section 10. Export Control.
The United States controls the export of products and
information. You agree to comply with such restrictions and not to
export or re-export the Contents (including Software) to countries
or persons prohibited under the export control laws. By downloading
the Contents (including Software), you are agreeing that you are not
in a country where such export is prohibited or are a person or entity
to which such export is prohibited. You are responsible for compliance
with the laws of your local jurisdiction regarding the import, export,
or re-export of the Contents (including Software).
Section 11. General.
Lange Productions is based in Los Angeles, CA, in the
United States of America. Beasurvivor.com makes no claims the Content
is appropriate or may be downloaded outside of the United States.
Access to the Content (including Software) may not be legal by certain
persons or in certain countries. If you access the Beasurvivor.com
Site from outside the United States, you do so at your own risk and
are responsible for compliance with the laws of your jurisdiction.
Section 12. Jurisdiction.
You expressly agree that exclusive jurisdiction for
any dispute with Lange Productions, or in any way relating to your
membership or use of Beasurvivor.com, resides in the courts of the
State of California and you further agree and expressly consent to
the exercise of personal jurisdiction in the courts of the State of
California in connection with any such dispute including any claim
involving Beasurvivor.com or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers and
content providers. These Terms and Conditions are governed by the
internal substantive laws of the State of California, without respect
to its conflict of laws principles. If any provision of these Terms
and Conditions is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any of these
Terms and Conditions shall be deemed a further or continuing waiver
of such term or condition or any other term or condition.
Section 13. Rules and Regulations
Lange Productions may impose reasonable rules and regulations
regarding the use of its services from time to time to the extent
necessary to ensure compliance. Minors should be supervised when using
the Internet. Adults as well as minors should be aware of what is
on the Internet and to have the concept of what is accepted and what
should be avoided. In addition to the terms in Section 6, THE FOLLOWING
ARE UNACCEPTABLE USES OF THE BEASURVIVOR.COM WEBSITE:
• Abuse of system and network
resources: Including but not limited to employing posts or programs
which consume excessive CPU time or storage space; permitting use
of mail services, mail forwarding capabilities, POP accounts, or autoresponders
other than your own account; or resale of access to CGI scripts installed
on our servers.
• Improper Conduct: Including but not limited
to posting defamatory, scandalous or private information about an
individual without his or her consent, intentionally inflicting emotional
distress, or violating trademarks, copyrights, or other intellectual
• Illegality: In any form, including but not
limited to activities such as unauthorized distribution or copying
of copyrighted software, violation of US export restrictions, harassment,
fraud, trafficking in obscene material, drug dealing, and other illegal
• Abuse of the Internet: Including but not
limited to activities such as using a non-existent email return address
on a commercial solicitation, spamming (sending unsolicited advertising
to numerous email addresses or newsgroups and/or generating a significantly
higher volume of outgoing email than a normal user), trolling (posting
outrageous messages to generate numerous responses), mailbombing (sending
multiple messages without significant new content to the same user),
subscribing someone else to a mailing list without that person's permission,
cross-posting articles to an excessive number of newsgroups, or attempting
without authorization to enter into a secured computer system. Lange
Productions reserves the right to determine what constitutes net abuse.
Section 14. Complete Agreement.
EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL
NOTICE" ON THE BEASURVIVOR.COM SITE, THESE TERMS AND CONDITIONS
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND LANGE PRODUCTIONS
WITH RESPECT TO THE USE OF THE Beasurvivor.com SITE AND ANY SOFTWARE
AND CONTENT CONTAINED THEREIN. Thank you for your cooperation with
these Terms and Conditions. We hope you find the Beasurvivor.com Site
helpful and convenient to use! Questions or comments regarding this
Site should be directed by electronic mail to email@example.com
Copyright © 1997-2008 Lange Productions. All rights
reserved. Beasurvivor is a registered service mark of Lange Productions,
a health services company. All other trademarks and copyrights are
property of their respective owners. Note: Use of this online service
is subject to the disclaimer and the terms and conditions contained
herein. Information found within the Beasurvivor.com website or in
other sites linked to from Beasurvivor.com is provided for educational
purposes only and is not intended to be used as a substitute for diagnosis
and treatment by a medical doctor. Lange Productions does not endorse
and has no responsibility for the content of any other sites listed
on Beasurvivor.com, and provides links and references merely as a
convenience to its users. Seek immediate medical attention if your
condition is urgent.
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