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(b) change the type and location of system equipment, facilities or software; or
(c) modify or withdraw any particular service or product referred to in this Site or any database, material, service or system. The Behind the Scenes Foundation reserves the right to terminate access to this Site or take other actions it reasonably believes necessary to comply with the law, to protect its rights or to protect its members or other Site visitors. Any access or attempt to access or use this Site for any unauthorized or illegal purpose is strictly prohibited.
- This Site is provided without charge as a convenience to the Behind the Scenes Foundation’s members and to other visitors to be used for the purposes of information, education, communication and commerce, including the offering for sale of goods and services. While the information and features contained in this Site have been prepared and compiled from sources believed to be reliable, the Behind the Scenes Foundation makes no guarantee as to, and assumes no responsibility for, the correctness, sufficiency or completeness of such information, material or recommendations. The Behind the Scenes Foundation does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from this Site or any other links from or to other Web sites, through any third party that provides information to the Behind the Scenes Foundation, or through its provision to end users nor the quality of any products, information or other materials or services displayed, obtained or purchased by you as a result of your use of this Site or any the Behind the Scenes Foundation good, service, database, forum, materials or system. You hereby acknowledge that any reliance upon any information, products, services or materials shall be at your sole risk. The Behind the Scenes Foundation reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of this Site or any Behind the Scenes Foundation good, service, database, materials or system at any time, with or without notice to you.
- The Behind the Scenes Foundation also operates the Site as a venue where users can discuss and exchange information and obtain assistance (collectively, “User Information”) on a variety of subject matters and obtain other goods and services (“Products”). The information, including, without limitation, the User Information, contained in the Site is presented for educational and informational purposes only. The information, including, without limitation, the User Information, should not be considered complete nor should it be relied upon without first consulting a professional in the relevant field retained by you specifically for such purpose. Other than with respect to comments and information which are specifically identified as being made or provided by the Behind the Scenes Foundation officers or employees on behalf of the Behind the Scenes Foundation, the Behind the Scenes Foundation is not involved in any way in the content or substance of any User Information. The Behind the Scenes Foundation does not endorse or guaranty the quality, accuracy, timeliness or legality of any of the information contained in any discussion or forum or any User Information that users receive from any other user or a given expert. The Behind the Scenes Foundation is not and cannot be involved in any disputes between users or between a user and an expert. In the event that you have a dispute with one or more users or experts, you agree to hold harmless, defend and release the Behind the Scenes Foundation and its agents, employees and members from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Because user authentication on the Internet is difficult, the Behind the Scenes Foundation cannot and does not confirm that each user or expert is who they claim to be. You acknowledge and accept the risks that other users or experts may in fact be minors, residents of other jurisdictions or acting under false pretenses.
- Without the Behind the Scenes Foundation’s prior written consent, which consent may be given or withheld in the Behind the Scenes Foundation’s sole discretion, you may not:
(a) resell, sublicense, rent, lease or otherwise publicly distribute for profit any information provided on or through the Site or any Hyperlink, services, forum or database, or any part or parts thereof or information contained therein, or any access thereto;
(b) use your access to this Site or any Hyperlinked Site or the Behind the Scenes Foundation’s information provided on or through the Site or any Hyperlink, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations;
(c) use this Site or any information provided on or through the Web Site or any Hyperlink, services, forum, database or system, which you access in violation of, or post any information to any Behind the Scenes Foundation owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity; or
(d) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of the Behind the Scenes Foundation’s databases or system for profit or economic gain, or the selection, coordination or arrangement of products or services in any Behind the Scenes Foundation database for profit or economic gain.
- As a user on this Site, you will represent yourself accurately and truthfully at all times. You grant the Behind the Scenes Foundation the right to independently verify any information that you post on the Site about yourself, although the Behind the Scenes Foundation does not routinely undertake any verification. You agree that the terms and conditions governing the transactions between you and third parties are solely to be determined by you and the third party. The Behind the Scenes Foundation has no involvement or responsibility for such terms and conditions. Our services are available only to individuals who can form legally binding contracts under applicable law. In addition, some services may be limited to Behind the Scenes Foundation members only. If you do not qualify, you may not use the Behind the Scenes Foundation’s services.
- “Your Information” includes any information you provide to the Behind the Scenes Foundation, whether directly or indirectly, including but not limited to, (i) during your enrollment with our Site, (ii) in any public message area, (iii) in any restricted message area or (iv) through any email feature.
By posting Your Information on or through the Site, you automatically grant the Behind the Scenes Foundation a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display Your Information 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 sublicensees.
If you believe that Your Information has been used on the Site in a manner that constitutes copyright infringement, please provide the Behind the Scenes Foundation’s Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:
(a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Behind the Scenes Foundation’s Copyright Agent for notice of claims of copyright infringement on this Site is: Lori Rubinstein, Executive Director, with a copy of such notice to the Behind the Scenes Foundation at: 630 Ninth Avenue, Suite 609, New York City, New York 10036.
In appropriate cases, the Behind the Scenes Foundation reserves the right to terminate any users or subscribers of this Site engaged in any type of infringement, including copyright infringement.
- The federal and state antitrust laws require that each Behind the Scenes Foundation user of this Site make its own unilateral decisions regarding the operations of its business including the prices it will charge, the customers it will serve, the suppliers it will purchase from, the products and services it will offer, and the research and development efforts that it will undertake. No Behind the Scenes Foundation facility may be used in a manner that violates the antitrust laws. Therefore, in order to ensure compliance with the antitrust laws, you agree to abide by the following guidelines in connection with your use of the Site and Your Information:
• There must be no discussion between two or more competitors regarding past, present or future prices, pricing policies, pricing methods or pricing strategies.
• There must be no discussion between two or more competitors regarding past, present or future discounts, allowances, rebates, credit terms and other terms or conditions of sale.
• There must be no discussion between two or more competitors regarding the suppliers or customers with whom they are doing or will do business.
• There must be no discussion between two or more competitors regarding the geographic areas they are or will be serving.
• There must be no discussion between two or more competitors regarding their present or future marketing strategies.
• There must be no agreement among two or more competitors regarding the products or services they will or will not offer.
•There must be no agreement among two or more competitors regarding the research and development projects or product innovations they will or will not pursue.
These requirements are not intended to, nor should they interfere with legitimate standards making activities. During the course of such activities it may be necessary, in determining what standards to promulgate and to reach consensus on the details of a standard, to engage in general discussions regarding participants’ views of the marketplace and how certain categories of suppliers or customers might be affected by the presence or absence of a standard. Such discussions are permissible, provided that no discussion participant reveals its specific practices or plans regarding customers, products, or suppliers. Under no circumstances shall there be any discussion of past, present or future prices, pricing policies, pricing methods or pricing strategies.
Use of the Site will be monitored by the Behind the Scenes Foundation representatives to ensure that these guidelines are being followed. Any member or user and/or employee of any member or user who fails to adhere to these guidelines may be prohibited from participating in the Site or any forum therein. Furthermore, such member may also be expelled from the Behind the Scenes Foundation. Any user of the Site who believes these guidelines may have been violated should immediately contact the Behind the Scenes Foundation.
- Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to the Behind the Scenes Foundation through this Site is deemed non-confidential and shall be the non-exclusive property of the Behind the Scenes Foundation. The Behind the Scenes Foundation is entitled to use any information or ideas, including, without limitation, User Information, submitted for any purpose without restriction and without compensation or acknowledgement of its source.
- Except as otherwise identified, the trademarks including names, logos, slogans and service marks appearing at this Site, whether registered or unregistered, are the property of the Behind the Scenes Foundation or the Behind the Scenes Foundation’s affiliates. Such marks are not to be copied, reproduced, published or in any way used without the written permission of the Behind the Scenes Foundation or the identified owner of the trademark except as specifically permitted by the Behind the Scenes Foundation’s written policies, as from time to time amended. Except as otherwise identified, the copyright in the content of this Site is owned by the Behind the Scenes Foundation. No part of this Site may be published, stored or transmitted in any form or means for profit or commercial gain without the express written permission of the Behind the Scenes Foundation; provided, however, that you may download and use content displayed on this Site where:
(a) such content is used for instructional, informational or educational purposes only and is not sold, resold or used in any manner to endorse, promote or advertise either (i) any individual or company or other entity or (ii) any product or service for sale or resale, and
(b) you retain all copyright and other proprietary notices contained in the content.
- You may establish Hyperlinks either to this Site or away from this Site without the Behind the Scenes Foundation’s prior consent, provided, however, that the Behind the Scenes Foundation reserves the right, in its sole discretion, to remove a Hyperlink to this Site or away from this Site at any time and for any reason.
- The Behind the Scenes Foundation advises you to exercise discretion while browsing this Site and the Internet. In addition, Hyperlinks on this Site may direct you to sites containing information that some people may find offensive or inappropriate. Such linked Web sites may not be under the control of the Behind the Scenes Foundation and the Behind the Scenes Foundation does not make any representations concerning any such Web sites that you may access via a Hyperlink from this Site, and accordingly, the Behind the Scenes Foundation is not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in Web sites which may be accessible via a Hyperlink to or from Site or for the Hyperlink itself. the Behind the Scenes Foundation is providing these Hyperlinks to you only as a convenience and the inclusion of any Hyperlink on this Site is not and should not imply any endorsement by the Behind the Scenes Foundation of such linked Web sites.
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