Forums, Galleries And Other Public Posting Areas

BMEWS encourages an open exchange of information and ideas. But we cannot and do not review postings made in the public posting areas before they are posted. Anybody may obtain the right to post on BMEWS merely by registering and providing a valid email address, and while BMEWS takes measures to deny access to people who have posted objectionable material in the past, these measures are quite easily circumvented by any person intent on posting objectionable material. You may well read or view any given posting or photo before anyone on the BMEWS staff does. You may see material that is defamatory, abusive, obscene, offensive, threatening, illegal, or inappropriate for children, before we have seen it and have had the opportunity to remove it. For this reason, if you are a parent, you should carefully monitor your children's access to the Site. If you do encounter material that you believe falls into one of these categories, we urge you to report it to us so that we may remove it. But We may not be able to remove it as promptly as You think we should. You can expect the Site to include information and opinions from a variety of individuals and organizations other than BMEWS. It is easy for people to pose as experts in the public posting areas without having any expertise whatsoever. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and Your own good judgment.

Responsibility for what is posted in the forums, photo galleries and other public posting areas on the Site lies with each user - You alone are responsible for material You post. You agree not to post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy the Site or that infringes on the rights of others. You agree to conform to Site polices and guidelines concerning the size, length, format, subject, content, or relevancy of the materials You submit.

Although BMEWS cannot monitor all the postings in the forums, photo galleries and other public areas, we reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, of for any other other reasons, which we need not disclose, and which need not be reasonable. We will not, in the ordinary course of business, review private electronic messages that are not addressed to BMEWS. However, we will comply with the requirements of the law regarding disclosure of such messages to others, including law enforcement agencies.

Access

We retain the right to deny access to anyone who we believe has violated the term of this agreement, or to anyone else for any reasons, which we need not disclose, or for no reason.

Intellectual Property Rights

You will not use the Site to violate anyone's copyright, trademark, intellectual property rights, or privacy rights. The content which you submit must be Your work in its entirety. You may not submit content which is an amalgam of the works of several persons, even if You are among those persons, even if You are the principal creator, or even if the other authors have given You permission to use their work as part of the collective work. By submitting material to the Site, You are representing that You are the sole author of the content in its entirety, that You have the right to submit the material, and in the case of photos that you have obtained any releases that may be required.

Notwithstanding the foregoing, you may include brief quotations and thumbnail images in your submissions that are permitted under the copyright laws as "fair use", provided you correctly attribute these to their authors.

Submitting material that is the property of another, without the consent of its owner, is not only a violation of this agreement, but may also subject You to legal liability for infringement of copyright, trademark, or other intellectual property rights.

If material in which you hold intellectual property rights, which infringes your privacy, or which is defammatory is unlawfully submitted to BMEWS by a third party, please inform us immediately and we will remove it. Notifications concerning copyright infringements should be sent to our DMCA Agent. To gain time, you may also send email to us through the Contact links on the web site; however, this is not a reliable form of communication and we may not read your email message.

Ownership of Submitted Material

Submission of material to any BMEWS posts, forums or galleries does not transfer the copyright to that material to BMEWS. However, by submitting the material, You grant BMEWS and its successors or assigns a perpetual non-exclusive world-wide royalty-free license to publish that material on the World Wide Web as part of the BMEWS web site for the purpose of operating, displaying, distributing and promoting the Site. BMEWS will not use Your materials without attributing them to You. If You object to any modification by BMEWS of Your materials (except for minor edits), or, in the case of forum postings, comment postings, or comment on the Site's static content, to the use of Your materials separate from their original context, BMEWS will either restore the original text and context, or delete the materials.

Some of the posting areas of the site, including the Gallery, provide You with the ability to delete or edit your posts after their original submission. Some areas of the site are labelled "non-archived", and a policy of automatic deletion is in effect. Your grant of license to BMEWS for the use of your material is not conditioned on these editing/deleting features being maintained as they were when you submitted the material, and BMEWS reserves the right to alter or eliminate these features, or to transfer or replicate your submissions to areas of the site where the editing/deleting/archiving features are not the same as the area to which you originally submitted the material, or to use the material in a section of the site from which you may not be able to delete it. Also, BMEWS maintains backups of all material on the site. Your use of an editing/deleting feature to remove or change the material you have submitted in general will not remove or change the material on any backups that have been created, and in the event that the backups were used to restore the content of the site, for example after a disaster, your edits/deletions could be undone. If you are concerned about this possibility, you should check a few weeks after removing material that it has not been restored from a backup.

You also grant to BMEWS users the right to make a temporary copy of your material in the course of viewing or reading it with a standard Web browser. BMEWS may grant permission to third parties, such as operators of search engines or Internet archiving sites, to make copies of the content of BMEWS from time to time, and by submitting material to the site, you grant permission for such usage. Your use of editing/deletion features would not necessarily result in the copy of the material being maintained by a third party indexer or archiver being changed or deleted.

No Soliciting

You agree not to use the Site to advertise products or services or to solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

No Spamming/Email Address Harvesting

From time to time, users post their email addresses in our chatrooms, forums, and other public posting areas, and the site makes available the email addresses of members to other logged-in members. You agree not to gather these email addresses for purposes of spamming or for any non-personal or commercial purposes.

Permitted Usage of the Site

The BMEWS site comprises text, images, and other information (the "content"), and Hypertext Markup Language (HTML), Extended Markup Language (XML), Cascading Style Sheets (CSS), Javascript, and other coded display and formatting specifications ("the code"). We grant you permission, which we may revoke, to connect a conventional HTML browser or RSS Reader to our servers and to cause our servers to transmit the content to you, but solely for the purpose of personally viewing the content on a computer monitor or screen. As a condition of being granted this permission, you agree to display the content, without modification, as specified by the code. In particular, if you retrieve the content and cause any part of an HTML page from the site to be displayed, you must display the page in its entirety, without removing, blocking, filtering, suppressing, or modifying any features of the content, including advertising. In order for you to comply with these conditions on your usage of the site, it may be necessary for you to switch off ad-blocking systems when accessing the site. You are not relieved of your obligation to fulfill this condition by virtue of the fact that the blocking, filtering, or modification of the site content is done by third-parties used by you, such an ISP, even if the only way for you to prevent them from doing so is by not accessing the site at all.

Prohibited Usage of the Site

The content and materials available through the Site are the property of BMEWS or its licensors (the members), and most of the materials are protected by copyright, trademark and other intellectual property laws. Furthermore, BMEWS has expended its resources to gather these materials and to publish them or to make them available to its users. You agree not to reproduce or distribute, or cause to be reproduced or distributed, any material that you retrieved from the Site, without the express prior permission of both BMEWS and, in the case of copyrighted materials, the copyright owner, except for such reproduction as occurs in the normal course of reading or viewing the materials using a Web browser. Requests for permission to reproduce or distribute materials retrieved from the the Site should be sent both to BMEWS and the original author of those materials. You acknowledge that BMEWS and the copyright holders will be significantly damaged by Your violation of this section in a manner that would require immediate injunctive relief. You are not relieved of your duties under this section because material was posted anonymously or under a pseudonym, because you cannot locate the copyright holder, because the materials are in the public domain, because the materials are available on any other web site or in some other form, or because you have the permission of either the copyright holder or BMEWS, but not both.

Robots, Spiders, Offline Readers, etc

This site is provided for your personal use. You agree not to use or launch any automated system, including without limitation "robots", "spiders", "offline readers", etc, that accesses the site in a manner which sends more request messages to the BMEWS server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line Web browser to read, view, and submit materials.

Educators and Search Engines

Notwithstanding other terms of this agreement, we grant the right to educators to print out pages from BMEWS for distribution to students, provided that attribution is given to the URL on BMEWS where the material originated. We also grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials. We reserve the right to revoke these exceptions either generally or in specific cases.

Links To Third Party Sites

The Site contains links to third party web sites ("Third Party Sites"). Because BMEWS has no control over Third Party Sites, BMEWS does not endorse, has not reviewed and is not responsible for the availability of Third Party Sites. You acknowledge that use of Third Party Sites is at Your own risk and that BMEWS is not responsible or liable, directly or indirectly, for any damage or loss You incur in connection with products or services available on Third Party Sites, nor for the accuracy, copyright compliance, legality, decency or other aspect of Third Party Sites.

Hyperlinking

We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of Your site by BMEWS.

No Framing

Without the prior written permission of BMEWS, You may not frame any of the content of the Site, or incorporate or embed into another Web site or other service any intellectual property of BMEWS or any of its licensors.

User Classes and Privileges

We may define classes of users, such as Members, Posters, Guests, Restricted, Banned, etc, including classes of one, and define the access, priveleges, services, and Site features pertaining to each class. We may assign or reassign You to, or remove You from, one or more user classes, and we may re-define the rights and privileges pertaining to the classes, at any time without notice or consultation with you. In providing features and services on the site, we reserve the right to single out or discriminate between users of the Site, including You, for our own reasons and purposes, which we are not obliged to disclose and which need not be reasonable, provided only that We will not engage in any illegal forms of discrimination. Your submission of content to the Site, or the voluntary provision by you of services to us, does not create any implied contract between You and BMEWS that we will maintain the Site as it was when you submitted content or provided voluntary services, or oblige us to maintain you in a particular class or classes of users or to maintain the rights, priveleges, and Site features pertaining to those classes. Your submission of content or voluntary services does not limit our right to deny you future access at any time. Your recourse if you disapprove of any aspect of the Site is to cease using the site. Although we provide many mechanisms for You to provide Us input about the Site, we assume no obligation to act upon your input, and we don't guarantee a response, or even guarantee than anybody from our staff will read the input.

Donations and Subscriptions

Donations are voluntary payments by You to BMEWS that help us to defray the costs of the Site. If we revoke your access to the Site, we shall not be liable for any freely given donations in support of this site.

Subscribers may be provided with specified privileges and services on the Site during the term of the subscription, which are superior to the privileges and services of non-Subscribers. The site reserves the right to eliminate or alter the privileges and services pertaining to subscriber status at any time, without notice. If you object to these changes you may have a refund of Your Subscription payment, pro-rated for the time remaining in the subscription period, and that is your sole remedy. Your subscription payment creates no implied contract on the part of BMEWS to maintain the content, services, and features of the Site as they were at the time you subscribed, or to maintain you in the user classes to which you were assigned at the time of your subscription, or to maintain the priveleges, services, and Site features of those classes. Nor does it limit BMEWS's editorial and curatorial control of the Site in any way. We reserve the right to deny You access to the Site, notwithstanding your subscriber status, for the same reasons that we may deny access to non-subscribers, or for no reason, without disclosing the reason. In such event, we whall be liable for no more than a refund of your subscription amount, pro-rated by the time remaining in the subscription term. If you are banned because you violated these Terms of Use, BMEWS will not refund any unused portion of your subscription payments.

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Registration and Password.

You are responsible for maintaining the confidentiality of Your personal information and password. You are responsible for all uses of Your registration, whether or not authorized by You. You agree to immediately notify BMEWS of any unauthorized use of Your registration or password.

Site Security Rules

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing," (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. BMEWS will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

DISCLAIMER OF WARRANTIES AND LIABILITY

We work hard to make BMEWS an interesting and enjoyable place, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using the Site.

YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE INFORMATION PROVIDED THROUGH THE SITE OR ANY MATERIAL AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE.

THIS SITE IS PROVIDED TO YOU *AS IS,* *WITH ALL FAULTS,* AND *AS AVAILABLE.* BMEWS AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL BMEWS, OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BMEWS, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.).

Indemnity
You agree to indemnify and hold BMEWS, its officers, subsidiaries and affiliated companies harmless from any and all claims, demands or other liabilities, including legal fees and costs, that are made by any third party due to or arising from Your use of the Web Site or Your breach of these Terms and Conditions.

If you post material on BMEWS, you may prompt third-parties into making statements about you that may be defammatory or offensive, even though your postings may be unobjectionable. You agree not to respond in kind, but to bring these statements to the attention of the moderators. By posting on BMEWS you are agreeing to hold BMEWS, its officers, subsidiaries, and affiliated companies harmless and release Us from all claims, demands or other liabilities for any statements or material concerning you that are posted on the site by third parties, including by moderators and other volunteers, provided that we avail you with the opportunity to answer. If you are unable to respond because you have been banned from the site, upon request you will be reinstated for a sufficient length of time to respond.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, exclusive of its provisions on conflicts of laws.

Copyright © 2004-2006, A. Kelly. All rights reserved.