WELCOME to the Web site of Bald Eagle Media, Inc. ("BEM") and All Aboard America, available at www.abamerica.com (the "Site").
BEM has established this Site to provide you assets and information about BEM and its services. These terms of use (the "Terms") sets forth the terms and conditions governing your use of the Site and your access to and use of the information, content and services offered on or through the Site. By accessing or using the Site, you agree to be legally bound by these Terms, which may be modified by BEM from time to time. If you do not agree to these terms and conditions, you may not use the Site or download any of our authorized downloadable materials. You should visit the Site periodically to review the current terms and conditions. Your continued use of this Site following the posting of changes to these Terms will mean you accept those changes.
Children under the age of 13 are not permitted to register in our online registration programs. Please refer to the Privacy Policy for information on the types of information we collect.
All content on BEM Web sites, including artwork, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, and slogans are property of BEM. No content from any BEM Web site or any site owned, operated, licensed, or controlled by BEM may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the authorized and express written approval of BEM. Approval may be obtained through our Business Affairs Department by submitting a Permission Request Form. Third party content such as trademarks, trade names, characters, and trademarks and copyrights in third party games are the property of the third parties that license the game or content, and are used by BEM subject to a license agreement. It is expressly forbidden to misuse those third party's content.
However, for the purpose of fan sites and other personal, noncommercial home use, authorized downloadable material may be used, provided that:
a. you keep intact all copyright and other proprietary notices,
b. you make no modifications to the materials,
c. you do not use the materials in manner that suggests endorsement by BEM and association with any of our products, services, or brands, and
d. you do not use the material in a manner that infringes and/or violates any right of any third party, these Terms, or any law.
No commercial use, resale, copying or exploitation of material from the Site is permitted without the express written permission of BEM and any other applicable copyright owner. All rights not expressly granted hereunder are expressly reserved to BEM.
As a condition to your accessing, participating on, linking to, or otherwise using the Site, you agree NOT to, whether directly or indirectly, use the Site to:
a. defame, abuse, harass or threaten others;
b. make, post, or distribute, any bigoted, hateful, racially offensive, threatening, harassing, vulgar, obscene, discourteous, or indecent languages, images, statements or other objectionable materials;
c. advocate, discuss with the intent to commit, or commit and illegal activity;
d. advertise or sell to or solicit others;
e. post or distribute any material that infringes and/or violates any right (including but to limited to intellectual property of a third party or any law;
f. make any attempt to penetrate, modify or manipulate the Site to invade the privacy of any other user of the Site;
g. attempt to modify, erase or damage any information contained on the Site;
h. reverse engineer any portion of the Site;
i. restrict or inhibit others from using the Site;
j. spoof or otherwise impersonate any individual or entity; or
k. violate or attempt to violate the security or integrity of the Site or of any computer system.
BEM may accept certain information from you via the Site. Information you submit to BEM that we may collect in the course of your use of the Site are also governed by the current BEM Privacy Policy posted to the Site. The terms of the privacy policy are incorporated into these Terms by this reference.
THE MATERIALS IN THIS BEM WEB SITE AND OTHER AFFILIATED SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR TITLE. BEM MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BEM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE ABAMERICA.COM AND ITS OTHER AFFILIATED SITES NOR SHALL BEM BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND BEM'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ABAMERICA.COM RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL BEM'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold BEM, its parents, subsidiaries, officers, employees, and contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of this Agreement, including any abusive or unlawful behavior on your part, or the infringement of any intellectual property or privacy right of any person.
The Site may link to third-party sites. These links are provided for your convenience, and BEM assumes no responsibility for any content made available at any third party site. Such third party sites may be subject to their own terms of use and privacy policies. BEM urges you to read the posted terms and policies of these third-party sites.
BEM reserves the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual harmful or illegal activities involving any of the Site. BEM reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site, with or without notice. Your access to any and all BEM Web sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any provision of these Terms. Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof. BEM shall not be liable to you or any third-party for any termination of your access to the Site.
IX. Miscellaneous
These Terms will be governed by and construed in accordance with the internal laws of the State of California, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the appropriate state and federal courts in the State of California with respect to claims you may have under these Terms. These Terms constitutes the entire agreement between you and BEM with respect to its subject matter, superseding any prior oral or written agreements relating to such subject matter. The failure of BEM to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the court should endeavor to give effect to the parties' intentions to the maximum extent consistent with applicable law, and the other provisions of these Terms shall remain in full force and effect. Any notices to BEM shall be in writing and sent to the address set forth below, attn:
Bald Eagle Media, Inc.
Business Affairs
10061 Riverside Drive #875
Toluca Lake, CA 91602
If you have any questions about these Terms or the Site, please contact BEM at:
Bald Eagle Media, Inc.
10061 Riverside Drive #875
Toluca Lake, CA 91602
E-mail: customerservice@abamerica.com
Phone: (818) 769-4478