Welcome to the BVS Development Corporation Web site (the
"Site"). By using the Site, you agree to follow and be bound by the
following terms and conditions concerning your use of the Site ("Terms of
Use") and our Privacy Policy. We may revise the
Terms of Use and Privacy Policy at any time without notice to you.
Areas of the Site may have different terms of use posted.
If there is a conflict between the Terms of Use and terms of use posted for
a specific area of the Site, the latter shall have precedence with respect
to your use of that area of the Site.
Use of Web Site Information
You may download, view, copy and print documents and graphics
incorporated in these documents (the "Documents") from the Site subject to
the following: (a) the Documents may be used solely for personal,
informational, non-commercial purposes; and (b) the Documents may not be
modified or altered in any way. Except where your use constitutes "fair use"
under copyright law, you may not otherwise use, download, upload, copy,
print, display, perform, reproduce, publish, license, post, transmit or
distribute any information from this Web site in whole or in part without
the express authorization of BVS Development Corporation.
Use of Software
Any use of software and accompanying documentation you download from the
Site is subject to the terms of a software license agreement included with
the software. You must read the license agreement and indicate your
agreement to its terms prior to installing or using the software. All
rights, title and interest not expressly granted are reserved.
Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin board, news group,
letter to BVS Development Corporation, its webmaster or employees, or e-mail
function offered as part of the Site. You agree not to upload, email, post,
publish or otherwise transmit through a Forum any content that: (a) is false
or misleading; (b) is defamatory; (c) is harassing or invades another's
privacy, or promotes bigotry, racism, hatred or harm against any group or
individual; (d) is obscene; (e) infringes another's rights, including but
not limited to intellectual property rights; (f) constitutes unsolicited
bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any
applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not
distribute or otherwise publish any content containing a solicitation of
funds, promotion, advertising, solicitation for goods or services, or other
commercial matter. You agree not to solicit other users of the Site to use
or join or become members of any commercial online or offline service or
other organization. Except where expressly authorized by BVS Development
Corporation, you agree not to collect or store personal data about other
users.
By uploading, emailing, posting, publishing or otherwise transmitting
content to any Forum or submitting any content to BVS Development
Corporation, you automatically grant (or warrant that the owner of such
rights has expressly granted) BVS Development Corporation a perpetual,
royalty-free, irrevocable, nonexclusive right and license to use, reproduce,
modify, adapt, publish, transmit and distribute such content on in any form,
medium, or technology now known or later developed. In addition, you warrant
that all so-called moral rights in the content have been waived.
Passwords and Security
You are responsible for maintaining the confidentiality of any
password(s) you are given to access the Site, and are fully responsible for
all activities that occur under your password(s). You agree to notify BVS
Development Corporation immediately of any unauthorized use of your
password(s).
BVS Development Corporation is concerned about the
security of personal information we have collected from you and has taken
reasonable steps to prevent unauthorized access to that information.
Termination of Use
You agree that BVS Development Corporation may, in its sole discretion,
at any time terminate your access to the Site and any account(s) you may
have in connection with the Site. Access to the Site may be monitored by BVS
Development Corporation.
Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products and
services from third parties, including users, advertisers, affiliates and
sponsors of the Site. You agree that BVS Development Corporation is not
responsible for the availability of, and content provided on, third party
Web sites. You should refer to the policies posted by other Web sites
regarding privacy and other topics before you use them. You agree that BVS
Development Corporation is not responsible for third party content
accessible through the Site, including opinions, advice, statements and
advertisements, and understand that you bear all risks associated with the
use of such content. If you choose to purchase any products or services from
a third party, your relationship is directly with the third party. You agree
that BVS Development Corporation is not responsible for: (a) the quality of
third party products or services; and (b) fulfilling any of the terms of
your agreement with the seller, including delivery of products or services
and warranty obligations related to purchased products or services. You
agree that BVS Development Corporation is not responsible for any loss or
damage of any sort you may incur from dealing with any third party.
Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT,
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE
SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BVS DEVELOPMENT
CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BVS
DEVELOPMENT CORPORATION MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR
REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR
RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND
RISK. BVS DEVELOPMENT CORPORATION SHALL HAVE NO RESPONSIBILITY FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
BVS DEVELOPMENT CORPORATION RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO
THE SITE AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
IN NO EVENT SHALL BVS DEVELOPMENT CORPORATION BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS
OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY,
WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR
USE OF, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify and hold harmless BVS Development
Corporation, its officers, directors, employees and agents from and against
any and all claims, liabilities, damages, losses or expenses, including
reasonable attorneys' fees and costs, arising out of or in any way connected
with your access to or use of the Site.
Privacy Policy
BVS Development Corporation is concerned about your privacy and has
developed a policy to address privacy concerns. You can find the current
privacy policy at
www.bvsgames.com/privacy.htm.
Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the content,
software, products or services provided on the Site in violation of U.S.
export laws or regulations, or in violation of any other applicable laws or
regulations. You agree to comply with all export laws and restrictions and
regulations of any United States or foreign agency or authority, and not to
directly or indirectly provide or otherwise make available the services and
products of BVS Development Corporation in violation of any such
restrictions, laws or regulations, or without all necessary approvals,
including, without limitation, for the development, design, manufacture or
production of nuclear, chemical or biological weapons of mass destruction.
As applicable, you shall obtain and bear all expenses relating to any
necessary licenses and/or exemptions with respect to your own use of the
services of BVS Development Corporation outside the U.S. Neither the
services of BVS Development Corporation nor the underlying information or
technology may be downloaded or otherwise provided or made available, either
directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea,
Sudan, Syria or any other country subject to U.S. trade sanctions, to
individuals or entities controlled by such countries, or to nationals or
residents of such countries other than nationals who are lawfully admitted
permanent residents of countries not subject to such sanctions; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated
Nationals and Blocked Persons or the U.S. Commerce Department's Table of
Denial Orders. By agreeing to these Terms and Conditions of Use, you agree
to the foregoing and represents and warrants that you are not located in,
under the control of, or a national or resident of any such country or on
any such list.
Applicable Laws
All matters relating to your access to, and use of, the Site shall be
governed by U.S. federal law or the laws of the State of Colorado. Any legal
action or proceeding relating to your access to, or use of, the Site shall
be instituted in a state or federal court in Colorado. You and BVS
Development Corporation agree to submit to the jurisdiction of, and agree
that venue is proper in, these courts in any such legal action or
proceeding.
Copyright/Trademark Information
Copyright © 2004-2005, BVS Development Corporation. All rights reserved.
Contact Information
If you have any questions regarding these Terms of Use, please contact
BVS Development Corporation at
support@bvssolitaire.com. If you have any other questions regarding the
Site, please contact BVS Development Corporation at
www.bvssolitaire.com/contact.htm.
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