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Bishop Digital
Terms of Use and Limitations
Bishop
Digital SPAM Policy
Privacy
Policy
Service
Level Agreement
The Bishop Digital web site is one of the various web sites
comprised and operated by Bishop Digital or its affiliates. This web
site will be referred to in this agreement as "Bishop Digital."
This Agreement applies to the Bishop Digital collection of web
sites, including, but not limited to, Bishop Digital. You will need
to read this Agreement in its entirety to review the general
provisions of the Terms of Use and Notices and Additional Terms
specific to the product or service for which you are now signing up.
The Bishop Digital Network is offered to you conditioned on your
acceptance without modification of these Terms of Use and Notices.
Your use of the Bishop Digital Network constitutes your agreement to
these Terms of Use and Notices. Your use of a particular Bishop Digital
web site included within, or acceptance of a product, service or
benefit obtained through the Bishop Digital Network, may also be
subject to additional terms specified in this document, on the
applicable Bishop Digital web site or in other accompanying
documentation (as such terms may be modified by Bishop Digital from
time to time as described below in the "Additional
Terms").
If any of the terms, conditions, and notices contained herein
conflict with the Additional Terms or other terms and guidelines
contained within or applicable to any particular Bishop Digital web
site, including, but not limited to Bishop Digital, service, product
or benefit, then the applicable Additional Terms shall control. You
agree to familiarize yourself with the Terms of Use and Notices,
including the Additional Terms, and other terms and guidelines found
throughout the Bishop Digital Network and abide by them if you
choose to use the sites, or accept the products, services or
benefits, to which such terms apply.
MODIFICATION OF THESE TERMS OF USE AND NOTICES
Bishop Digital reserves the right to change the Terms of Use and
Notices, and any Additional Terms at anytime, effective upon making
the modified provisions available on the Bishop Digital Network. You
are responsible for regularly reviewing these terms and conditions.
Continued use of the Bishop Digital Network after any such changes
shall constitute your consent to such changes. Bishop Digital does
not and will not assume any obligation to notify you of any changes
to the Terms of Use and Notices, or Additional Terms.
Click
Here to read our UCE / SPAM Policy
ACCEPTABLE USE LIMITATION
Your right to use Bishop Digital is personal to you, the user. As a
condition of your use of the Bishop Digital Network, you warrant to Bishop Digital
that you will not use Bishop Digital products or services for any
purpose that is unlawful, or prohibited by these Terms of Use and
Notices or the Additional Terms (as may be modified from time to
time). You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products, services or
benefits obtained from Bishop Digital, except as expressly provided
herein.
In addition, you may not use the products or services provided
through or in connection with Bishop Digital to: defame, abuse,
harass, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; conduct or forward
illegal contests, pyramid schemes or chain letters; publish, post,
distribute, disseminate or link to any: (i) inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information; (ii) software or other material protected
by intellectual property laws, rights of privacy or publicity, or
other proprietary rights, unless you own, control such rights or
have received all necessary consents for your use of such software
and other materials; (iii) software or other material that contains
viruses, corrupted files, or that may or are intended to damage the
operation of another's computer (e.g., "cracks" or other
programs written to defeat the security measures of any computer,
system or programs); sell, distribute, disseminate or link to any
sites for marketing, sales or distribution of: firearms, explosives,
ammunition, liquor, tobacco products, food that is not packaged or
does not comply with all applicable laws for sale to consumers by
commercial merchants, pharmaceuticals and controlled substances,
counterfeit, pirated or stolen goods, any goods or services that
infringe or otherwise violate a third party's rights, registered or
unregistered securities, goods or services that (i) you cannot
legally sell, (ii) are misrepresented, and/or (iii) would cause Bishop Digital
to violate any law, statute or regulation; harvest or otherwise
collect information about third parties, including e-mail addresses,
without the express consent of such third parties; restrict or
inhibit any other user from using and enjoying its rights in Bishop Digital
; or violate any applicable governmental laws or regulations.
The information provided by Bishop Digital to you may be proprietary
in nature. You agree not to share any information provided to you by
or on behalf of Bishop Digital with any third party. If you sell or
otherwise distribute goods or services that compete with or may
otherwise serve as a substitute for products or services sold or
otherwise distributed by Bishop Digital via the Bishop Digital
Network, you may not: (a) use or acquire, or have any other person
use or acquire on your behalf, the products or services of Bishop Digital
for which you offer competing or substitute products or services; or
(b) advertise, promote, market or solicit offers to acquire such
competing or substitute products in connection with your use of Bishop Digital.
Bishop Digital is not obligated to monitor the content on Bishop Digital
Network. However, with respect to the use of the products and
services offered on Bishop Digital Network, Bishop Digital reserves
the right to disclose any information or materials as necessary to
satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, from the Bishop Digital
web site, in Bishop Digital's sole discretion.
FEES
Some products and services available through or in connection with Bishop Digital
require that you purchase a subscription or otherwise pay a fee. You
hereby authorize the Bishop Digital Network or Bishop Digital to
charge your credit card in advance for all applicable fees incurred
by you or on your behalf in connection with your use of the Bishop Digital
product or service you have chosen to use. You shall be solely
responsible for all charges, fees, duties, taxes, and assessments
arising out of your use of Bishop Digital. Bishop Digital reserves
the right to modify the fees charged for Bishop Digital products and
services from time to time; provided that such modifications shall
not take effect earlier than thirty (30) days after Bishop Digital
posts such modifications on the Bishop Digital web site. Amounts not
paid by you to the Bishop Digital Network or Bishop Digital when due
may bear interest at the lesser of (a) one and one-half percent
(1.5%) per month, and (b) the maximum rate permitted by applicable
law. If you notify Bishop Digital in writing that you are
terminating this Agreement, fees pre-paid by you to the Bishop Digital
Network or Bishop Digital for Bishop Digital products or services
will be credited back to your applicable credit card on a pro rated
basis (except to the extent such termination is due to your breach
of this Agreement) within forty-five (45) days after receipt of your
notice of termination. Bishop Digital is not required to refund
directly to you any amounts paid hereunder.
LINKS TO THIRD PARTY SITES
Links within Bishop Digital may let you leave the Bishop Digital web
site and/or the Bishop Digital Network. You acknowledge that the
linked sites are not under the control of Bishop Digital or Bishop Digital
and that Bishop Digital or Bishop Digital are not responsible for
the contents or operation of such linked sites or any link contained
in such linked site, or any changes or updates to such sites. Bishop Digital
or Bishop Digital are not responsible for webcasting or any other
form of transmission received from any linked site. Bishop Digital
is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Bishop Digital
of the linked site or any association with their operators.
FORBIDDEN SOFTWARE
You may not and will not run any gaming server or gaming related
software that connects to another server not owned by Bishop Digital
Inc. This includes gaming scripts written in Perl (.pl, .pm, cgi),
PHP, Java, JavaScript or any other programming language. In short
Gaming scripts are STRICTLY PROHIBITED. You may not and shall not
run IRC servers, bots or services from any Bishop Digital server.
NOTE: If we find your script is causing problems on our
server, or causing our servers to crash then you can and will be
held 100% liable for all downtime costs, reimbursements, and service
credits to all of our other clients. This can run up to but not
limited to $1000.00 / Hour of downtime your script causes.
USE OF COMMUNICATION SERVICES
Bishop Digital may contain bulletin board services, chat areas, news
groups, forums, communities, personal and business web pages,
electronic mail postings and/or other message or communication
facilities designed to enable you to communicate with the public at
large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to
post, send and receive messages and material that are proper and
related to the particular Communication Service, and to comply with
all applicable laws and these Terms of Use and Notices. By way of
example, and in addition to above acceptable use limitations, you
agree that when using a Communication Service, you will not:
Advertise or offer to sell or buy any goods or services, unless such
Communication Service specifically allows such messages; Falsify,
delete or alter any material, author attributions, legal or other
proper notices or proprietary designations or labels of the origin
or source of material contained in a file that is uploaded via the
Communication Services; Restrict or inhibit any other user from
using and enjoying its rights in the Communication Services; Violate
any code of conduct or other guidelines that may be applicable for
any particular Communication Service; Harvest or otherwise collect
information about others, including e-mail addresses, without their
express consent; Link the Communication Services to any unsolicited
communication sent to any third party, or otherwise use or mention
the Communications Services in connection with any such unsolicited
communication; or, Violate any applicable laws or regulations. Bishop Digital
reserves the right, but is not obligated, to review materials posted
to a Communication Service and to remove any such materials in its
sole discretion, without notice at any time. In addition, Bishop Digital
reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason
whatsoever. Furthermore, Bishop Digital reserves the right to
terminate or change any Communication Service at anytime.
Bishop Digital is not obligated to monitor the Communication
Services. However, with respect to the use of the Communication
Service, Bishop Digital reserves the right to disclose any
information or materials as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole
or in part, from the Communication Service in Bishop Digital's sole
discretion.
You acknowledge that Communication Services are public and not
private communications, therefore your communications may be read by
others without your knowledge. Always use caution when giving out
any personally identifying information about yourself or others in
any Communication Service. Bishop Digital does not control or
endorse the content, messages or information found in any
Communication Service and, therefore, Bishop Digital specifically
disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any
Communication Service. Forum managers and hosts of the Communication
Services are not authorized Bishop Digital agents or spokespersons,
are not able to bind Bishop Digital, nor do their views necessarily
reflect those of Bishop Digital.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination, and
you are responsible for adhering to such limitations if you download
the materials.
LICENSE YOU GRANT TO Bishop Digital
Bishop Digital does not claim ownership of the materials you provide
to Bishop Digital (including feedback and suggestions) or post,
upload, input or submit in connection with your use of Bishop Digital
or any Web site ("Your Web Site") created by you or on
your behalf in connection with the use of Bishop Digital
(collectively "Submissions"). However, you grant Bishop Digital
a royalty-free license to use (including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate, sublicense and reformat your
Submission, and to publish your name in connection with your
Submission) your Submission only in connection with the operation
and promotion of Bishop Digital. You also grant Bishop Digital the
right to publish your name in connection with any such
communication. No compensation will be paid or due you with respect
to Bishop Digital' or its sublicensee’s use of the materials as
licensed above. Bishop Digital is under no obligation to post or use
any materials you may provide, and may remove such materials at any
time in Bishop Digital' sole discretion. By posting messages,
uploading files, inputting data, submitting any feedback or
suggestions, or engaging in any other form of communication with or
through any Bishop Digital Network web site, included, but not
limited to, Bishop Digital, you warrant and represent that you own
or otherwise control the rights necessary to do so and to grant Bishop Digital
the license set forth above, and you will defend and indemnify Bishop Digital
and its suppliers from any third party claim related to a breach of
any of the foregoing representations or warranties.
SOFTWARE AVAILABLE ON THE Bishop Digital NETWORK
Software (if any) that is made available to download from or
otherwise through the Bishop Digital Network, excluding software
that may be made available by third parties via Bishop Digital,
("Software") is the copyrighted work of Bishop Digital, Bishop Digital
Network, and/or their suppliers. Your use of the Software is
governed by these Terms of Use and Notices, and the applicable
Additional Terms, and the terms of the end user license agreement,
if any, which accompanies or is included with the Software
("License Agreement"). To the extent that the License
Agreement conflicts with the Terms of Use and Notices, and/or
Additional Terms, the terms of the License Agreement shall govern
your use of the Software. You may not install or use any Software
that is accompanied by or includes a License Agreement unless you
first agree to the License Agreement. For any Software not
accompanied by a license agreement, Bishop Digital hereby grants to
you, the user, a personal, non-exclusive, non-transferable license
to use the Software for viewing and otherwise using the particular v
web site in accordance with the applicable Terms of Use and Notices,
and for no other purpose. In addition, you shall keep intact all and
may not alter any copyright and other proprietary notices contained
in such Software. All Software is owned by Bishop Digital, Bishop Digital
Network, and/or its suppliers, and is protected to the maximum
extent permitted by copyright laws and international treaty
provisions. Any reproduction or redistribution of the Software is
expressly prohibited, and may result in severe civil and criminal
penalties. Persons violating the foregoing, or who otherwise
misappropriate any intellectual property or proprietary rights
related to the Software may be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DE-COMPILE,
DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY
TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You
acknowledge that the Software, and any accompanying documentation
and/or technical information, is subject to applicable export
control laws and regulations of the USA. You agree not to export or
re-export the Software, directly or indirectly, to any countries
that are subject to USA export restrictions. All software downloaded
or otherwise obtained by the U.S. Government pursuant to
solicitations issued on or after December 1, 1995 is provided with
the commercial license rights and restrictions described elsewhere
herein.
LIABILITY DISCLAIMER
The information, software, products, services and other material
included in or available through the Bishop Digital Network may not
be complete, and may include inaccuracies or errors, and may also be
modified or deleted from time to time. Advice, information,
products, services or other materials received via the Bishop Digital
Network should not be relied upon for personal, medical, legal,
business, financial or other decisions and is not intended to
replace the advice of appropriate and qualified professionals. You
acknowledge that you should consult an appropriate professional for
specific advice tailored to your situation.
Your access to and use of the Bishop Digital Network, and products
and services of Bishop Digital, is at your own risk. Bishop Digital,
and its members and sponsors, will not be liable for any damage,
loss or disclosure of information, data, revenue, accounts or
business that occurs in connection with your use of the Bishop Digital
Network, or such products or services. Bishop Digital makes no
guarantees of any kind regarding the dependability, accuracy,
security, timeliness or availability of the Bishop Digital Network,
or such products or services. Without limiting the foregoing, Bishop Digital,
Bishop Digital NETWORK, AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY,
RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
MATERIALS CONTAINED IN Bishop Digital FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. Bishop Digital, Bishop Digital
NETWORK, AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR
MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL Bishop Digital, Bishop Digital NETWORK AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF Bishop Digital OR RELATED SERVICES, WITH THE DELAY
OR INABILITY TO USE V OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH Bishop Digital,
OR OTHERWISE ARISING OUT OF THE USE OF Bishop Digital, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF Bishop Digital OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF Bishop Digital, OR WITH ANY
OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING Bishop Digital AND ITS RELATED SERVICES.
Without limiting the foregoing, Bishop Digital is not responsible
for any of your data residing on Bishop Digital and Bishop Digital
hardware. You are responsible for backing-up your data and
information that may reside on the Bishop Digital hardware, whether
or not such information is produced through the use of Bishop Digital.
It is your responsibility to take the necessary steps to ensure your
primary means of business is maintained.
You agree to defend, indemnify and hold Bishop Digital and its
suppliers harmless from and against any and all claims, losses,
liability costs and expenses (including but not limited to
attorneys' fees) arising from your violation of these Terms of Use
and Notices (including, without limitation, violation of applicable
Additional Terms of Use), or any third-party's rights, (including,
without limitation, infringement of any copyright, violation of any
proprietary right and invasion of any privacy rights). These
obligations will survive any termination of your relationship with Bishop Digital
or your use of Bishop Digital.
SERVICE CONTACT
If you need to contact Bishop Digital, please send email to info@bishopdigital.com.
TERMINATION
Bishop Digital may terminate this agreement and your access to Bishop Digital
(in whole or in part) and related services at any time, with or
without cause, and with or without notice. Anyone determined by Bishop Digital
to have violated these Terms of Use and Notices, or any Additional
Terms may be barred from using the Bishop Digital Network, or from
receiving any products, services or benefits from Bishop Digital. In
addition, if you violate any of these Terms of Use and Notices, or
Additional Terms (as applicable) you will forfeit all in-kind
credits and amounts accruing to you (if any) in connection with the Bishop Digital
Network.
COPYRIGHT AND TRADEMARK NOTICES
All content of Bishop Digital and the Bishop Digital Network is
legally copy written material, this is including but not limited to:
All website content, images (including our photo gallery), design,
code, databases, and anything that resides on or within our
corporate web servers is copy written material ©1997 - 2003 Bishop Digital
and/or its suppliers. All rights reserved.
TRADEMARKS
Bishop Digital is either a trademark or registered trademark of Bishop Digital.
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners. Any rights not expressly
granted herein are reserved by Bishop Digital.
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