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Terms of Use
Welcome to "David-Boreanaz.com" (the "Site"). Thank you for visiting and
have a great time!
It is important to us that you, and our other visitors, have the best
possible time while using the Site, and that when you use this Site you are
fully aware of our respective legal rights and obligations. For that reason,
I have posted these Terms of Use as the legally binding terms to govern your
use of this Site. Please read these Terms of Use carefully before using the
Site, because they affect your legal rights and obligations.
Your Acceptance of
Terms
If you do not agree with any of these Terms of Use, please do not use this
Site because by using this Site you will be deemed to have irrevocably
agreed to these terms.
Please note that these Terms of Use may be revised and reissued without
notice at any time by updating this posting. You should visit this page
regularly to review the current Terms of Use, since your continued use of
the Site will be deemed as irrevocable acceptance of any revisions.
How To Contact Me
You can e-mail the webmaster with any questions or concerns at
phoenix@david-boreanaz.com
Your Registration
To access some of the resources this Site has to offer, you will be asked to
provide registration details. It is a condition of use of this Site that all
the details you provide will be correct, current, and complete. If for some
reason the details are not correct, current, or complete, and are so because
of a deliberate action on your part, I have the right to refuse you access
to the Site, or any of its resources, and to terminate or suspend your
account.
I will assume (and by using this Site you warrant that) that either you have
legal capacity to enter into the agreement set out in these Terms of Use
(i.e., that you are of sufficient age and mental capacity and are otherwise
entitled to be legally bound in contract), or your parents have consented to
your use of this Site and accept these Terms of Use on your behalf.
Online Privacy Policy
Your privacy is important to me. To better protect your privacy, we provide
a privacy policy explaining our online information practices and the choices
you can make about the way your information is collected and used at this
site. Please take time to read the privacy policy below, which forms part of
these Terms of Use.
Disclaimer of Warranties YOUR USE OF THIS SITE IS AT YOUR OWN RISK. David-Boreanaz.com
AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER
CONTENT IN David-Boreanaz.com ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, I DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. I DO
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE,
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MY WEB
SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. I DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE,
FACILITIES, SERVICES OR OTHER CONTENT IN David-Boreanaz.com OR ANY SITES
LINKED TO David-Boreanaz.com IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. I MAKE NO WARRANTIES THAT YOUR USE OF THE
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN
David-Boreanaz.com WILL NOT INFRINGE THE RIGHTS OF OTHERS AND I ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS,
INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF David-Boreanaz.com.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE
IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU
ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
I DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT,
PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR
OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, David-Boreanaz.com
OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER
CONTENT ON David-Boreanaz.com, REGARDLESS OF THE BASIS UPON WHICH LIABILITY
IS CLAIMED AND EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS
OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT I) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR
DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE
ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO
YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON
BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE
("FORUMS") ARE NOT NECESSARILY THOSE OF MYSELF. I DO NOT UNDERTAKE TO
MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT MY
RESPONSIBILITY. I MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR
LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE
AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON
LIABILITY SET OUT ABOVE.
Submissions, Postings
and E-mails
I am interested in hearing from you. It is, however, my policy that I will
not accept any messages directed to David Boreanaz himself. Therefore,
please do not send my any messages or other materials meant for him.
Any material you send to me will not be treated as confidential.
Please act responsibly when using this Site. You may only use this Site and
its contents for lawful purposes and in accordance with applicable law and
you are prohibited from storing, distributing or transmitting any unlawful
material through this Site. You may not collect or store personal
information regarding other users. You recognize that storing, distributing
or transmitting unlawful material could expose you to criminal and/or civil
liability. You agree that if a third party claims that material you have
contributed to the Site is unlawful, you will bear the burden of
establishing that it is lawful. You understand and agree that all materials
publicly posted or privately transmitted on or through this Site are the
sole responsibility of the sender, not myself, and that you are responsible
for all material you upload, post or otherwise transmit to or through this
Site.
I require that you do not post e-mails or submit to or publish through
Forums or otherwise make available on this Site any content, or act in a
way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic,
racist, abusive, harassing, threatening or offensive;
(b) seeks to exploit or harm children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise;
(c) infringes any intellectual property or other right of any entity or
person, including violating anyone's copyrights or trademarks or their
rights of publicity;
(d) violates any law or may be considered to violate any law;
(e) you do not have the right to transmit under any contractual or other
relationship (e.g., insider information, proprietary or confidential
information received in the context of an employment or a non-disclosure
agreement);
(f) advocates or promotes illegal activity;
(g) impersonates or misrepresents your connection to any other entity or
person or otherwise manipulates headers or identifiers to disguise the
origin of the content;
(h) advertises any commercial endeavor (e.g., offering for sale products or
services) or otherwise engages in any commercial activity (e.g., conducting
raffles or contests, displaying sponsorship banners, and/or soliciting goods
or services) except as specifically authorized on this Site;
(i) solicits funds, advertisers or sponsors;
(j) includes programs which contain viruses, worms and/or 'Trojan horses' or
any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications;
(k) disrupts the normal flow of dialogue, causes a screen to scroll faster
than other users are able to type, or otherwise act in a way which affects
the ability of other people to engage in real time activities via this Site;
(l) copies any other pages or images on this Site except with appropriate
authority;
(m) includes MP3 format files;
(n) amounts to a 'pyramid' or similar scheme;
(o) amounts to 'data warehousing' (i.e., using any web space made available
to you as storage for large files which are only linked from other sites).
You must provide a reasonable amount of content to accompany such material
in order that at least some of the traffic to your site comes directly via
this Site;
(p) disobeys any policy or regulations established from time to time
regarding use of this Site or any networks connected to this Site; or
(q) contains links to other sites that contain the kind of content, which
falls within the descriptions set out at (a) to (p) above.
In addition, you are prohibited from removing any material inserted by
myself anywhere on this Site (e.g., on any web space made available for your
use).
System Abuse
Without limitation, you agree not to send, create or reply to so called "mailbombs"
(i.e., emailing copies of a single message to many users, or sending large
or multiple files or messages to a single user with malicious intent) or
engage in "spamming" (i.e., unsolicited emailing for business or other
purposes) or undertake any other activity which may adversely effect the
operation or enjoyment of this Site by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource, or
access to any resource, contained on this Site.
Security
Any passwords used for this Site are for individual use only. You shall be
responsible for the security of your password (if any). I shall be entitled
to monitor your password and, at its discretion, require you to change it.
If you use a password that I considers insecure, I will be entitled to
require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in
connection with this Site to compromise security or tamper with system
resources and/or accounts. The use or distribution of tools designed for
compromising security (e.g., password guessing programs, cracking tools or
network probing tools) are strictly prohibited. If you become involved in
any violation of system security, I reserve the right to release your
details to system administrators at other sites in order to assist them in
resolving security incidents.
Investigations
I reserves the right to investigate suspected violations of these Terms of
Use, including without limitation any violation arising from any submission,
posting or e-mails you make or send to any Forum. I may seek to gather
information from the user who is suspected of violating these Terms of Use,
and from any other user. I may suspend any users whose conduct or postings
are under investigation and may remove such material from its servers as it
deems appropriate and without notice. If I believe, in my sole discretion,
that a violation of these Terms of Use has occurred, it may edit or modify
any submission, posting or e-mails, remove the material permanently, cancel
postings, warn users, suspend users and passwords, terminate accounts or
take other corrective action it deems appropriate. I will fully cooperate
with any law enforcement authorities or court order requesting or directing
me to disclose the identity of anyone posting any e-mails, or publishing or
otherwise making available any materials that are believed to violate these
Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD ME
HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MYSELF DURING OR
AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER MYSELF OR LAW ENFORCEMENT
AUTHORITIES.
Service
In order to use this Site, you must obtain access to the World Wide Web and
pay any service fee associated with that access. You will need to provide
all equipment necessary to connect to the Site on the World Wide Web
(including a computer, modem and/or other access devices).
I, reserve the right to modify or discontinue, temporarily or permanently,
all or any part of this Site and/or any software, facilities and services on
this Site, with or without notice, and/or to establish general guidelines
and limitations on their use.
Local Regulations
I make no representation that Materials or other content in the Site are
appropriate or available for use outside the United States, its territories,
possessions and protectorates. If you choose to access the Site from other
locations you do so on your own initiative and at your own risk. You are
responsible for complying with local laws, if and to the extent local laws
are applicable. You specifically agree to comply with all applicable laws
concerning the transmission of technical data exported from the United
States or the country you reside in.
Indemnity
You agree to indemnify and hold myself and anyone assisting me with the
maintenance of this site harmless from and against any and all claims,
demands, liabilities, costs or expenses, including reasonable attorney's
fees, resulting from your breach of any of the foregoing provisions,
representations or warranties, and/or from your placement or transmission of
any content onto my servers, and/or from any and all use of your account.
My Use of Content
I will consider anything you provide to me and/or contribute to this Site as
available for our use free of any obligations to you.
By posting or uploading any content to this Site and/or providing any
communication or material to me ("User Content"), you automatically and
irrevocably: (a) grant and assign to me any and all rights in the User
Content throughout the world including without limitation all copyright,
together with all consents (if any) necessary to enable its reproduction,
distribution, modification, publishing and/or other exploitation by myself
and/or by any person authorized by myself, by any means and in all media now
known or hereafter devised without payment or other reference to you or any
other person, and to advertise and promote such exploitation, for the full
period of all such rights (together with any extensions and renewals) and
insofar as possible in perpetuity; (b) waive all moral rights in the User
Content which may be available to you in any part of the world and confirm
that no such rights have been asserted; (c) appoint me as your agent with
full power to enter into any document and/or do any act I may consider
appropriate to confirm the grant and assignment, consent and waiver set out
above; (d) warrant that you are the owner of the User Content and entitled
to enter into these Terms of Use; (e) confirm that no such User Content will
be subject to any obligation, of confidence or otherwise, to you or any
other person and that I shall not be liable for any use or disclosure of
such User Content.
Third Party Sites
This Site may link you to other sites on the Internet. These sites may
contain information or material that some people may find inappropriate or
offensive. These other sites are not under my control, and you acknowledge
that (whether or not such sites are affiliated in any way with me) I am not
responsible for the accuracy, copyright compliance, legality, decency, or
any other aspect of the content of such sites. The inclusion of such a link
does not imply endorsement of any site by myself or any association with its
operators.
I cannot ensure that you will be satisfied with any products or services
that you purchase from any third party site that links to or from David-Boreanaz.com
since those other sites are owned and operated by independent third parties.
I do not endorse any of the merchandise, nor have I taken any steps to
confirm the accuracy or reliability of any of the information contained in
such third party sites. I do not make any representations or warranties as
to the security of any information (including, without limitation, credit
card and other personal information) you might be requested to give any
third party, and you irrevocably waive any claim against us with respect to
such sites. I strongly encourage you to make whatever investigation you feel
necessary or appropriate before proceeding with any online transaction with
any of these third parties.
Jurisdictional Issues
The Materials and all other content in this Site are presented solely for
the purpose of providing entertainment and information and promoting
programs, films, music, and other products available in the United States,
its territories, possessions, and protectorates. The Site is controlled and
operated by myself from within the United States of America.
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the State of Florida, as they are applied to
agreements entered into and to be performed entirely within Florida. Any
action you, any third party or myself may bring to enforce these Terms of
Use or, in connection with any matters related to the Site shall be brought
only in either the State or Federal Courts, and you expressly consent to the
jurisdiction of said courts.
If any provision of these Terms of Use shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable for this
agreement and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between the parties
relating to the matters contained herein.
Claims of Infringement
If you believe that any content appearing on this Site infringes your
copyright rights, I want to hear from you. Please forward the following
information in writing to the Copyright Agent named below:
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing
material is located;
(d) a statement by you that you have a good faith belief that the disputed
use has not been authorized by you, your agent, or the law; and
(e) your electronic or physical signature or the electronic or physical
signature of the person authorized to act on your behalf.
Email: phoenix@David-Boreanaz.com
I seek to preserve any and all exemptions from liability that may be
available under the copyright law, but does not necessarily stipulate that
it is a service provider as defined in USC section 512(c) or elsewhere.
Privacy Policy
Thank you for visiting David-Boreanaz.com. Your privacy is important to me.
To better protect your privacy, I provide this notice explaining my online
information practices and the choices you can make about the way your
information is collected and used at this site.
THE INFORMATION I
COLLECT
At some sites, you can vote in polls or otherwise express an opinion or
participate in one of my online forums or communities or make an entry in my
guest book. The types of personally identifiable information that may be
collected at these pages include: name, address, e-mail address, telephone
number, and information about your interests.
At some other sites, you can submit information about other people. For
example, you might submit a person's name and e-mail address to send an
electronic greeting card and, if you order a gift online and want it sent
directly to the recipient, you might submit the recipient's name and
address. The types of personally identifiable information that may be
collected about other people at these pages include: recipient's name,
address, e-mail address, and telephone number.
At certain parts of some of my sites, only persons who provide me with the
requested personally identifiable information will be able to participate in
the site's activities and offerings.
I also may collect certain non-personally identifiable information when you
visit many of my web pages such as the type of browser you are using (e.g.,
Netscape, Internet Explorer), the type of operating system you are using,
(e.g., Windows '95 or Mac OS) and the domain name of your Internet service
provider (e.g., America Online, Earthlink).
HOW I USE THE
INFORMATION
I may use the information you provide about yourself to fulfill your
requests for my services, to respond to your inquiries about my offerings,
and to offer you other programs or services that I believe may be of
interest to you.
I sometimes use this information to communicate with you, such as to notify
you when I make changes to my subscriber agreements, to fulfill a request by
you for an online newsletter, or to contact you about your account with me.
I use the information that you provide about others to enable me to send
them your requested information. From time to time, we also may use this
information to offer our products, programs, or services to them.
The information I collect in connection with my online forums and
communities is used to provide an interactive experience. I use this
information to facilitate participation in these online forums and
communities and, from time to time, to notify you of updates or other
changes to the site.
If you choose to submit content for publication (e.g., a "letter to our
editors"), I may publish your screen name and other information you have
provided to me.
I sometimes use the non-personally identifiable information that I collect
to improve the design and content of my site and to enable me to personalize
your Internet experience. I also may use this information in the aggregate
to analyze site usage.
I may disclose personally identifiable information in response to legal
process, for example, in response to a court order or a subpoena. I also may
disclose such information in response to a law enforcement agency's request.
Associates who have access to personally identifiable information are
required to protect this information in a manner that is consistent with
this Privacy Policy by, for example, not using the information for any
purpose other than to carry out the services they are performing for the
site.
Although I take appropriate measures to safeguard against unauthorized
disclosures of information, I cannot assure you that personally identifiable
information that I collect will never be disclosed in a manner that is
inconsistent with this Privacy Policy. Certain sites may disclose personally
identifiable information to companies whose practices are not covered by
this Privacy Policy (e.g., other marketers, magazine publishers, retailers,
participatory databases and non-profit organizations) that want to market
products or services to you. If a site shares personally identifiable
information, it will provide you with an opportunity to opt out or block
such uses.
Finally, my sites will not use or transfer personally identifiable
information provided to me in ways unrelated to the ones described above
without also providing you with an opportunity to opt out of these unrelated
uses.
COLLECTION OF
INFORMATION BY THIRD PARTY SITES AND SPONSORS
Some of my sites contain links to other sites whose information practices
may be different than mine. Visitors should consult the other sites' privacy
policies, as I have no control over information that is submitted to, or
collected by, these third parties.
My sites sometimes may offer content (e.g., contests, sweepstakes, or
promotions) that is sponsored by or co-branded with identified third
parties. By virtue of these relationships, the third parties may obtain
personally identifiable information that visitors voluntarily submit to
participate in the site activity. I have no control over these third
parties' use of this information. My site will notify you at the time of
requesting personally identifiable information if these third parties will
obtain such information.
Some sites may use a reputable third party to present or serve the
advertisements that you may see at its Web pages. Our Privacy Policy does
not cover any use of information that a third party ad server may have
collected from you.
COOKIES
To enhance your experience with my sites, many of my web pages use
"cookies." Cookies are text files we place in your computer's browser to
store your preferences. Cookies, by themselves, do not tell me your e-mail
address or other personally identifiable information unless you choose to
provide this information to me by, for example, registering at one of my
sites. However, once you choose to furnish the site with personally
identifiable information, this information may be linked to the data stored
in the cookie.
I use cookies to understand site usage and to improve the content and
offerings on my sites. For example, I may use cookies to personalize your
experience at my web pages (e.g., to recognize you by name when you return
to my site) and save your password in password-protected areas. I also
may use cookies to offer you programs or services.
MY COMMITMENT TO
SECURITY
I have put in place appropriate physical, electronic, and managerial
procedures to safeguard and help prevent unauthorized access, maintain data
security, and correctly use the information we collect online.
HOW YOU CAN ACCESS OR
CORRECT INFORMATION
For instructions on how you can access the personally identifiable
information that this site has collected about you online, or how to correct
factual errors in such information, please email
phoenix@david-boreanaz.com.
To protect your privacy and security, I will take reasonable steps to help
verify your identity before granting access or making corrections.
CHILDREN'S PRIVACY
Visitors to this site may participate in many activities without providing
any personally identifiable information. However, if a user wants to
participate in certain of my interactive features, I ask the user to
register and provide me with the following information: the user's email
address and age information. When the person who registers indicates that he
or she is under 13, I will either collect no information from that
individual or inform the child that a parent's verifiable consent is
required or I will collect the e-mail address of the user's parent in
addition to the user's e-mail address. I use the parent's e-mail address to
seek the parent's verifiable consent or notify the parent of his/her child's
online activities and enable the parent to unsubscribe his/her child from a
newsletter or other similar activity. I will not require a user under 13 to
give more information than is reasonably necessary to participate in any
online activity. I do not share children's information with outside third
parties not bound by this policy. If you would like to review any personally
identifiable information that we have collected online from your child, have
this information deleted, and/or request that there be no further collection
or use of your child's information or if you have questions about these
information practices, you may contact me at
phoenix@david-boreanaz.com.
HOW TO CONTACT ME
If you have any questions or concerns about the online policy for this site
or its implementation you may contact me at:
phoenix@david-boreanaz.com.
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