Certain products or services offered by this and/or other Bicoastal Media Websites (each a “Bicoastal Media Internet Service,” and collectively “Bicoastal Media Internet Services”), and certain areas within this and/or other Bicoastal Media Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or Bicoastal Media Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY BICOASTAL MEDIA WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY BICOASTAL MEDIA WEBSITE MAY BE TERMINATED IMMEDIATELY IN BICOASTAL MEDIA’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Some parts of this Bicoastal Media website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Bicoastal Media Website content.
Changes to this Agreement
This Agreement is effective as of July 24, 2008. Bicoastal Media reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Bicoastal Media will provide notice of such change on this Bicoastal Media Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the Bicoastal Media Website and/or Bicoastal Media Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Bicoastal Media Website and/or the Bicoastal Media Internet Service to which the changes may apply.
Privacy and Protection of Personal Information
Bicoastal Media has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information.
Accounts, Security, Passwords
If a particular Bicoastal Media Website or Bicoastal Media Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Bicoastal Media immediately of any unauthorized use of your account. Bicoastal Media is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Bicoastal Media Internet Service.
Except where otherwise provided, access to and use of this Bicoastal Media Website and the Bicoastal Media Internet Services offered through this site are currently available without charge. Bicoastal Media reserves the right to charge a fee for access to or use of this Bicoastal Media Website, or any Bicoastal Media Internet Service available on this Bicoastal Media Website at any time in the future. Your access to or use of this Bicoastal Media Website before such time does not entitle you to use of this Bicoastal Media Website without charge in the future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS BICOASTAL MEDIA WEBSITE AND/OR BICOASTAL MEDIA INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS BICOASTAL MEDIA WEBSITE OR BICOASTAL MEDIA INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. BICOASTAL MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BICOASTAL MEDIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. BICOASTAL MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS BICOASTAL MEDIA WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. BICOASTAL MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS BICOASTAL MEDIA WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
BICOASTAL MEDIA IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR BICOASTAL MEDIA INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
This Bicoastal Media Website may contain links to websites operated by third parties. Bicoastal Media does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Bicoastal Media’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
Software And Downloads Available Through This Website
Any software that is made available to view and/ or download in connection with a Bicoastal Media Internet Service ("Software"), including podcasts, audio streaming, or video streaming, is owned or controlled by Bicoastal Media and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Bicoastal Media accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
This Bicoastal Media Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Bicoastal Media. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Bicoastal Media does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Bicoastal Media will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Bicoastal Media Internet Service.
Modification/Termination by Bicoastal Media
Bicoastal Media reserves the right, in its sole discretion, to modify, suspend, or terminate this Bicoastal Media Website and/or any portion thereof, including any Bicoastal Media Internet Service, and/or your account, password, or use of any Bicoastal Media Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for a Bicoastal Media Internet Service removes your authorization to use the Bicoastal Media Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Bicoastal Media shall not be liable to you or any third-party for any termination of your access to a Bicoastal Media Internet Service.
This Bicoastal Media Website may offer certain Bicoastal Media Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively "Bicoastal Media Interactive Services").
This Bicoastal Media Website may offer certain Bicoastal Media Subscription Services such as newsletters and Real Simple Syndication ("RSS") feeds (collectively "Bicoastal Media Subscription Services"). By registering for a Bicoastal Media Subscription Service, you will be subject to any charges and rules set forth in the description of that service
For Additional Terms applying to all contests or sweepstakes conducted by this Bicoastal Media Website, refer to this site's general contest or sweepstakes information which can be found on our contest page, or in our business office during normal business hours 8am-5pm Monday through Friday.
Limitations on Liability
In no event shall Bicoastal Media, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Bicoastal Media Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Bicoastal Media Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Bicoastal Media Website or any information, software, products, services, and related graphics obtained through the Bicoastal Media Website; (vi) any transactions entered into through this Bicoastal Media Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Bicoastal Media Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Bicoastal Media Website and Bicoastal Media Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Bicoastal Media has been advised of the possibility of damages.
You agree to indemnify, defend, and hold harmless Bicoastal Media, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Bicoastal Media Website and any related Bicoastal Media Internet Service and/or software. Bicoastal Media reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Bicoastal Media in asserting any available defenses.
International Use/U.S. Export Controls
Accessing materials on this Bicoastal Media Website by certain persons in certain countries may not be lawful, and Bicoastal Media makes no representation that materials on this Bicoastal Media Website are appropriate or available for use in locations outside the United States. If you choose to access this Bicoastal Media Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this Bicoastal Media Website. No software or any other materials associated with this Bicoastal Media Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Bicoastal Media Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.