Last Revised 2-25-11
1.You Agree to These Terms by Using this Site
2. Ownership of Content
3. Your Use of the Site
Bradshaw Multimedia grants you permission to use the Site as follows:
· This Site contains various challenges or contests ("Challenges"), in which Bradshaw Multimedia invites registered users to submit user-generated content for display on this Site and other websites operated by Bradshaw Multimedia (a "Submission"). Each Submission must comply with the Official Challenge Rules applicable to such Challenge.
· All Submissions become Content that is owned by Bradshaw Multimedia
* The only Content you may download from this Site is Content included in a Submission or other Content expressly made available for downloading, such as screensavers. You may download Content expressly made available for downloading and Content included in a Submission for non-commercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content. You may also download Content included in a Submission for purposes of creating your own entry in a Challenge;
· you must comply with all applicable laws, rules and regulations while using the Site; you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without Bradshaw Multimedia's written permission;
· you are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libellous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law — Bradshaw Multimedia will fully co-operate with any law enforcement authorities or any court order requesting or directing Bradshaw Multimedia to disclose the identity of anyone posting or transmitting any such information or materials;
· you are prohibited from using the Site to impersonate any person or entity, including any Site moderator or any representative of The Bradshaw Multimedia or its Affiliated Entities, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site; or stating or implying that we endorse any statement you make;
· you are prohibited from using the Site to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purposes any portion of, use of or access to the Site.
· You are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
· You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site;
· You are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies or regulations of such networks;
· You are prohibited from modifying, adapting, translation, reverse engineering, decompiling or disassembling any portion of the Site.
4. Software, Services, Challenge Submissions and User Content.
Bradshaw Multimedia may from time to time provide users of the Site with access to certain specialised content, including the Challenges, and interactive services through which you are able to display or post information and materials (such content and services, collectively, the "Services"), and certain software tools that can be used for various purposes, including to play music provided by the Site, to interact with other Site users or to create content (the foregoing software and tools, collectively, the "Software").
The Services and Software, the information and materials made available through the Site and all software used to make the Site available are and shall remain the property of Bradshaw Multimedia and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Bradshaw Multimedia to access and use the Site, you may download and view one (1) copy of any Content and Software on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorised in writing in advance by Bradshaw Multimedia, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Services or Software, all or any part of the Site, or any materials made available through the Site. Certain Software may be governed by an additional end user licence agreement or "EULA" to which you may be required to agree before using such Software.
With respect to information or materials, other than Submissions, that you choose to display or post on any interactive services of the Site ("User Content"), you grant Bradshaw Multimedia and the Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and licence, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such User Content (including without limitation your voice or likeness as embodied in such User Content), in any media now known or hereafter developed, for Bradshaw Multimedia's and the Affiliated Entities' business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing licences shall survive termination of this Agreement for any reason. For each item of User Content, you represent and warrant that you have all rights necessary for you to grant the licences granted in this section (including without limitation rights in any musical compositions and/or sound recordings embodied or embedded in any User Content), and that such User Content (as applicable), and your provision or creation thereof through the Site, complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of User Content that you may have under any applicable law under any legal theory.
Please note that other Site visitors may post messages or make statements in the Services that are inaccurate, misleading, deceptive, or offensive. Bradshaw Multimedia and the Affiliated Entities neither endorse nor are responsible for any opinion, advice, information or statements made in any Services by third parties. Without limitation, The Bradshaw Multimedia and the Affiliated Entities are not responsible for any information or materials made available through the Services (including without limitation errors or omissions in postings or links or images embedded in messages or profiles) or results obtained by using any such information or materials. Under no circumstances will Bradshaw Multimedia, the Affiliated Entities, or their respective employees, officers, directors, , agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Services reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Bradshaw Multimedia or any Affiliated Entity.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION OR IN ANY USER CONTENT, YOU DO SO AT YOUR OWN RISK.
5.Registration; User Names and Passwords
You may be required to register with Bradshaw Multimedia in order to access certain areas of the Site. With regard to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify Bradshaw Multimedia of any unauthorised use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
7. Disclaimer of Warranties
THE SITE AND ALL SOFTWARE, SERVICES, CONTENT AND USER CONTENT MADE AVAILABLE THROUGH THE SITE ARE SUBJECT TO CHANGE AND ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Bradshaw Multimedia neither warrants nor represents that your use of the Site, any Software, Services, Content or User Content will not infringe the rights of any third parties nor that any of the foregoing will be accurate, complete or up-to-date. Additionally, with reference to any postings, submissions and the like that may be on the Site, Bradshaw Multimedia assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libellous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law, contained in any such locations on the Site.
8. Exclusion of Liability
YOUR USE OF THE SITE OR ANY SOFTWARE, SERVICES OR MATERIALS AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. NEITHER BRADSHAW MULTIMEDIA, NOR ANY OF ITS AFFILIATED ENTITIES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND REPRESENTATIVES, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE SERVICES, SOFTWARE, CONTENT OR USER CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES, SOFTWARE, CONTENT OR USER CONTENT, OR UNAUTHORISED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER BRADSHAW MULTIMEDIA NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES OR SOFTWARE, OR RESULTING FROM ANY CONTENT OR USER CONTENT POSTED ON THE SITE BY BRADSHAW MULTIMEDIA OR ANY THIRD PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
9. Links to Third Party Sites
The Site may contain links to sites owned or operated by parties other than Bradshaw Multimedia. Such links are provided for your convenience only. Bradshaw Multimedia does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Bradshaw Multimedia specifically disclaims any responsibility if such sites:
· infringe any third party's intellectual property rights;
· are inaccurate, incomplete or misleading;
· are not merchantable or fit for a particular purpose;
· do not provide adequate security;
· contain viruses or other items of a destructive nature; or
· are libellous or defamatory.
Bradshaw Multimedia does not endorse the content, or any products or services available, on such sites. If you establish a link to such sites, you do so at your own risk and without the permission of Bradshaw Multimedia.
10. Export Control
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported:
· into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or
* to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
Bradshaw Multimedia does not authorise the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws or to anyone on any such list. By downloading or using any 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
11. Cautionary Language Regarding Forward-Looking Statements
This Site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Generally, the words "believe", "expect", "intend", "estimate", "anticipate", "project", "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Bradshaw Multimedia's historical experience and our present expectations or projections. These risks include, but are not limited to, our ability to finance expansion plans, share re-purchase programmes and general operating activities; changes in the non-alcoholic beverages business environment, including actions of competitors and changes in consumer preferences; regulatory and legal changes; fluctuations in the cost and availability of raw materials; interest rate and currency fluctuations; changes in economic and political conditions; our ability to penetrate developing and emerging markets; the effectiveness of our advertising and marketing programmes; litigation uncertainties and adverse weather conditions; You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. Bradshaw Multimedia undertakes no obligation to publicly update or revise any forward-looking statements.
14. Revisions to the Terms
All content and services made available through the Site that were not made available as of the "LAST UPDATED" date above shall automatically be deemed to be part of the Services when first made available through the Site. Any software or tools made available through the Site that were not made available as of the "LAST UPDATED" date above shall automatically be deemed to be Software for purposes of this Agreement when first made available through the Site.
15. Revisions to the Site
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, the Services or the Software, with or without notice; limit the Site’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any Affiliated Entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, Software, content, Submission, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
16. Law and Jurisdiction
If you are a resident of the United States or Canada:
If you are a resident of a country within Europe:
If you are a resident of Russia or Ukraine:
If you are a resident of a country in Africa or the Middle East:
If you are a resident of India:
If you are a resident of a country in Asia other than India:
If you are a resident of a country in Latin America:
18. Rules for Challenges, Sweepstakes, Contests, Raffles, Surveys and Similar Promotions.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site: www.staysafe.org
20. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Bradshaw Multimedia a notice requesting that Bradshaw Multimedia remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Bradshaw Multimedia a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Director of Communications
Details are available at http://www.copyright.gov/onlinesp/.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
21. Information or Complaints.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org . California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254, (916) 445-1254 or (800) 952-5210 , (800) 952-5210
22. Void Where Prohibited.
Although this Site is accessible worldwide, not all services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the Challenges, sweepstakes, contests, raffles, surveys or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.