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PRIVACY POLICY
Effective Date: 4/2/2013
This Privacy Policy only applies to www.BigMountain.com (however accessed and/or used, whether via personal computers, mobile devices or otherwise, the “Web Site”), which is owned or controlled by National Out-Of-Home Message Systems. Inc. d/b/a Big Mountain Imaging (“Company” or “BMI” or “we,” “our,” or “us”), or other interactive features or protocols (including, without limitation, mobile sites and widgets) that are owned or operated by BMI and are available through the Web Site or that interact with the Web Site and post this Privacy Policy. This Privacy Policy only covers information collected at the Web Site, and does not cover any information collected at any other web site or offline by BMI (unless specifically stated).
The purpose of this Privacy Policy is to disclose to you the information we may collect through the Web Site, how we may collect it, how we may use that information and with whom we may share it, as well as other information regarding this information.

Table of Contents
1.  What Types of Information does the Web Site Collect?
2.  Other Information Collected When You Visit the Web Site
3.  Information You Disclose Publicly
4.  How Does Company Use the Information It Collects Pursuant to this Privacy Policy?
5.  How Does Company Share the Information?
6.  What are My Options?
7.  A Note to Parents About the Privacy of Children
8.  Third Party Content and Links to Other Web Sites
9.  Consent to Transfer
10. Security
11. Changes to the Privacy Policy
12. Questions; Comments

1. What Types of Information do the Web Sites Collect?
Information You Provide To Us. Providing us with information about yourself is your choice, and you can always choose not to provide certain information (but then you may not be able to take advantage of some of the Web Site’s features). We may ask you to provide us with certain categories of information such as: (1) personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, credit card number, cell phone number and physical address; (2) demographic information, such as gender, age, zip code, or similar information; (3) User name, password, account numbers, invoice numbers; (4) Information such as your interests and the address of your web site; (5) Communications preferences, such as which newsletters you would like to receive; (6) Search queries; and (7) Information collected about you offline (including via facsimile, mail, or in person). We may collect this information through various forms and in various places on the Web Site, and may collect it through e-mail, mobile device or other technologies when you submit information, communicate, or otherwise interact with us. In addition, if you send someone else a communication from the Web Site, the information you provide (the other person’s name, e-mail address, phone numbers etc.) may be used to facilitate the communication and for other marketing purposes, without obtaining consent.

Information About You From Other Sources. Where permitted by applicable law, we may collect information about you from other sources and add it to the information that you provide to us through the Web Site. For example, we may obtain information that we collect during a telephone conversation with you through interactive applications (such as mobile devices, third-party services, and embedded video players), from co-branded partners and sites (for example, on our pages on Facebook), and from commercially available sources (such as data aggregators and public databases). Please note that all of the information we collect about you may be combined, to help us tailor our communications to you and to develop rich online content and services across the Web Site. This privacy policy does not cover the practices of third parties, including those that may disclose information to BMI. If we combine information we receive from those other sources with personal information we collect through the Web Site, we will apply this Privacy Policy to any personal information received, unless we have disclosed otherwise. The following are examples of information we may collect from other sources:
• Name, postal address, and telephone number;
• Demographic data;
• Your interests and purchase behavior;
• Publicly observed data, such as activities on blogs, videos, and other online postings; and
• Other navigation data, such as web sites visited and advertisements viewed or clicked on

2. Other Information Collected When You Visit the Web Site
In addition to any personal information or other information that you choose to provide to us on the Web Site, we may use a variety of technologies that automatically or passively collect certain web site usage information whenever you visit or interact with the Web Site. This information may include your Internet Protocol (IP) address browser type, operating system, the page served, the time, web sites you visited before and after visiting the Web Site, Web pages you view. Unique identifiers, including mobile device identification numbers that can identify the physical location of such devices in accordance with applicable law, information collected through cookies, web beacons, and other technologies. information about your interactions with video content, such as the type of content viewed, and information about your interactions with email messages, such as the links clicked on and whether the messages were opened or forwarded, upon request, your bandwidth speed and information about the software programs installed on your computer; and standard server log information, among other information. We may use this web site usage information for a variety of purposes, including to enhance or otherwise improve the Web Site. Information collected through these passive means may be non-identifying or may be associated with you. In addition, using your IP address, a customer id number, or some other unique identifier for the particular device you use to access the Internet may be collected. Whenever the information is associated with you, it will be treated as personal information. The methods that may be used to collect this information include the following:
Cookies. A cookie is a data file placed on a computer when it is used to visit the Web Site. Cookies may be used for many purposes, including, without limitation, tracking user preferences and web pages visited while using the Web Site. You may disable cookies using your browser’s preferences, but some features of the Web Site may not function properly or may operate slowly if you disable the cookies.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”), may be included in our web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Web Site, to monitor how users navigate the Web Site, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Mobile Device Identifiers. Certain mobile service providers uniquely identify mobile devices and we may receive such device information if you access the Web Site through mobile devices. Certain features of our Web Site may require collection of mobile phone numbers and we may associate that phone number to mobile device identification information. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we may receive this information.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Web Site, such as which links you click on. The code is temporarily downloaded onto your computer from our web server or a third party service provider, is active only while you are connected to the Web Sites, and is deactivated or deleted thereafter.

3.  Information You Disclose
If you volunteer information or create a public profile in the course of your viewing of the Web Site, or submit comments, photographs or any other content to use (“User Generated Content”), it may be published on or offline.  Please be aware that when you share personal information in connection with publishing the content or a portion of the content, we may use the content or excerpt from the content in connection with advertising, marketing, and public promotional activities.  Please be aware that when you share personal information, we cannot ensure the security of that information will be publicly available and you may receive unsolicited messages from other parties. Please exercise caution when disclosing personal information through the Web Site. Your submission of any User Generated Content is subject to our Terms of Use.

4.  How Does Company Use the Information It Collects Pursuant to this Privacy Policy?
We only use payment and identity verification information that you provide to us, such as credit card numbers, BMI account numbers, contact numbers and invoices, or national identifiers as necessary for completing a particular transaction or fulfilling a service, e.g. payment for printing services.  We generally use other information we collect about you to:
•    Fulfill your requests for products, services and information, including authorize a purchase and complete a transaction that you have requested
•    Provide you with information and special offers and promotional materials on behalf of the Web Site
•    Analyze the use of the Web Site and information about visitors to the Web Site to understand and improve our service offerings
•    Customize the content that you see when you visit the website
•    Develop and provide advertising tailored to your interests
•    Prevent potentially prohibited or illegal activities; and
•    For any other purposes disclosed to you at the time we collect your information pursuant to your consent.

5. How Does Company Share the Information?
We are committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you. Except as otherwise disclosed at the time you provide your information, the following outlines the ways in which your information may be shared with others:
With Your Consent. With your consent, we may share your contact information with third-party business partners. For example, the Web Site may offer free access to relevant services if you agree to have your information shared with third parties so they can contact you about related products and services.
Authorized Third Parties Providing Services on our Behalf. We may use third party vendors to perform certain services on behalf of the Web Site, such as customer support,  e-mail and text message deployment, suppression, merge and de-duplication services, data processing business analytics, marketing and data processing, and to provide special products or services that you have requested. These third parties are allowed to use your personal information for the purpose of performing such functions [and for no other purpose].

Administrative and Legal Reasons. We may also transfer and disclose user information, including personal information, to third parties: (i) in the event we are required to respond to subpoenas or other legal process or if in our good faith opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; or (iii) to protect and/or defend the Web Site’s Terms of Use or other policies applicable to the Web Site or to protect the personal safety, rights, property or security of any individual. We may also use IP address or other device identifiers (discussed above) to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.

Legal Requirements. We may disclose information about our users, including contact information, to respond to subpoenas, court orders, legal process, and other law enforcement measures, and to comply with other legal obligations, such as FCC requirements.

Protect our Web Sites and users. We may disclose information to protect and defend the legal rights, interests, and safety of the Web Site, and its employees, agents, and contractors (including enforcing our agreements); to protect the safety and security of users of the Web Site and members of the public; and as otherwise disclosed in our Terms of Use.

6. What are My Options?
You can choose to enjoy content and features on the Web Site without directly providing us with any information about you; however, as described above, some information may automatically be collected or may be requested so you can take advantage of certain features and services offered on the Web Site. The Web Site may contain web pages through which you can edit and update personal information you have provided to us.  You may also opt-out of receiving marketing communications or other communications from the web site by following the instructions contained in any such communication when you receive them. When you edit your personal information or change your preferences, information that you remove may persist internally for BMI’s administrative purposes.

7. A Note to Parents About the Privacy of Children
The Web Site is a general audience web site. We do not knowingly collect any personal information from children younger than the age of thirteen (13) on the Web Site and we will delete any information later determined to be from a user younger than thirteen (13).

8. Third Party Content and Links to Other Web Sites
Our Web Site may contain content that is supplied by a third party, and we may provide certain non-personally-identifiable information about the number of users that access the third party’s content, or those third parties may directly collect web site usage information when web pages from a Web Site are served to your browser. In addition, when you are on the Web Site you may be directed to other sites that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third party sites. For example, if you visit a web site that is linked from our Web Site, you should consult that web site’s privacy policy before providing any personal information.

9. Consent to Transfer
We operate in the U.S. and our operation of the Web Site is governed by the laws of the U.S. Please be aware that any personal information you provide to us or we obtain as a result of your use of the Web Site will be processed and transferred to the U.S. and subject to U.S. law. By using and participating in any Web Site and/or providing us with your personal information, you consent to this collection, transfer, storage, and processing of personal information to and in the U.S.

10. Security
We are committed to protecting your information. We have adopted commercially reasonable technical, administrative, and physical procedures to help protect your information from loss, misuse, and alteration. Please note that no data transmission or storage can be guaranteed to be 100% secure. We want you to feel confident using the Web Site but we cannot ensure or warrant the security of any information you transmit to us. Please refer to the U.S. Federal Trade Commission’s web site for information on how to protect yourself from identity theft.

11. Changes to the Privacy Policy
By using the Web Site, you acknowledge your agreement and consent to the terms of this Privacy Policy. We may change our Privacy Policy from time to time. Any modifications to our Privacy Policy will be reflected by the “Effective Date” or “Last Modified Date” on this Privacy Policy. BMI will use your personal information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy.

12. Questions; Comments
Questions regarding this privacy statement should be sent to the “Contact Us” function (or similar feature) on the Web Site. We endeavor to read every message submitted and do our best to reply. We may also file your comments to improve the Web Site, or review and discard the information. Please note that information submitted to the Web Sites via a “contact us,” or other similar mechanisms will not necessarily receive a response. We will not use any such information you provide to contact you for marketing purposes unrelated to your request.

Terms of Use
Effective Date: 4/2/2013

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (“TOU”) BEFORE USING THE WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.  These TOU only apply to www.BigMountain.com, (however accessed and/or used, whether via personal computers, mobile devices or otherwise). You agree to these TOU by accessing or using the Web Site, registering for, or using any of the products or services offered on the Web Site (“Services”), or by accepting, uploading, submitting or downloading any information or content from or to the Web Site.  IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, DO NOT USE THE WEB SITE.

Table of Contents
1. Modifications
2. Privacy Policy; Additional Terms
3. Restrictions
4. Web Site Intellectual Property Ownership
5. Copyrights and Other Intellectual Property and Related Complaints
6. License
7. Links
8. Third Party Content and Information
9. Software
10. Acceptable Use
11. Termination
12. Indemnification
13. Disclaimers
14. Limitation of Liability
15. Governing Law, Venue and Jurisdiction
16. Authority
17. Arbitration
18. Miscellaneous

1. Modifications
We may modify these TOU at any time without notice to you by posting revised TOU on our Web Site and such modification will be effective upon posting by BMI on the Web Site. Your continued use of our Web Site after BMI posts a revised TOU constitutes your binding acceptance of these TOU, including any modifications that we make.  It is therefore important that you review these TOU regularly to ensure you are updated as to any changes.

2. Privacy Policy; Additional Terms
Our Privacy Policy (“Privacy Policy”) describes our practices concerning data that you provide or that we collect about you through the Website and your consent to our use of data in compliance with the Privacy Policy.  Our Privacy Policy is available on the home page of the Web Site or by following the link above.

3. Restrictions
We have the right, but not the obligation, to take any of the following actions, in our sole discretion at any time, and for any reason without giving you any prior notice:
1. Restrict, suspend, or terminate your access to all or any part of our Web Site;
2. Refuse, move, or remove any content that is available on our Web Site;
3. Establish general practices and limits concerning use of our Web Site.
You agree that we will not be liable to you or any third party for taking any of these actions.

4. Web Site Intellectual Property Ownership
The past, present and future content on the Web Site, including, without limitation, organization, graphics, text, images, audio, videos, ringtones, voice-tones, wallpapers, technology, applications, artwork, information, data, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Site, including, without limitation, the “look and feel” of the Web Site (collectively, “Content”), are protected by applicable U.S. copyright laws, international conventions, other applicable copyright laws and other proprietary (including, but not limited to, intellectual property) rights and are owned or controlled by BMI.  Except as expressly set forth in these TOU or otherwise expressly granted to you in writing by BMI, no rights (either by implication, estoppel or otherwise) are granted to you.  Any and all rights to use any Content not expressly granted to you under this TOU are hereby reserved for Steen and/or its affiliates or its licensors.  Nothing contained in this TOU will affect, impair, or limit in any way BMI’s rights to exploit fully any or all of the Content.  The copying, reproduction, alteration, rearrangement, sale, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Content, including the removal or alteration of Content, advertising or promotional materials, except pursuant to the express limited grant of rights hereunder, is strictly prohibited.  You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Web Site (including the Content) or as BMI may impose from time to time. Moreover, you agree that you will not remove any proprietary notices or labels contained in or on the Content.  Copying, archiving or storing any part of the Web Sites for a purpose that is not permitted by these TOU is expressly prohibited without prior written permission from BMI or the applicable copyright holder as identified on the Web Site.  You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Content, or take any action whatsoever in derogation of BMI’s rights therein, or in breach of, any terms and conditions contained in this TOU.  You acknowledge and agree that you will not acquire or claim any rights in the Content, or aid or abet anyone else in doing so.  Nothing in this TOU will be interpreted to grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the Content or to otherwise rent, sell, lease, loan, transfer, assign, broadcast, upload to any computer or wireless device, sublicense, distribute or allow access to the Content. You agree that you will not charge any person or entity to view, listen, play or otherwise access any Content, or disseminate any Content in any manner to the public (for free or for a fee).

5. Copyrights and Other Intellectual Property and Related Complaints
You may not use the Web Site for any purpose or in any manner that infringes on the rights of any third party. BMI encourages users to report any content on its Web Site that a user believes infringes his or her rights.  Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content.  If you have a good faith belief that content on BMI’s Web Site infringes on your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
Copyrights and Copyright Agent
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), BMI has a designated agent for receiving notices of copyright infringement and BMI follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BMI’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
BMI’s copyright agent for notice of claims of copyright infringement on or regarding the Web Site can be reached as follows:
By mail:
Attn: General Counsel
Big Mountain Imaging
3201 S. 26th Street
Philadelphia, PA
By e-mail: info@BigMountain.com
NOTE: This contact information is for inquiries regarding potential copyright infringement only.  For inquiries regarding content that you believe may otherwise violate your rights, please see below.

Other Intellectual Property and Related Complaints
If you believe that BMI’s Web Site contains content that violates your rights other than copyrights, please provide BMI at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit BMI to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes upon your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.  Please send your complaint regarding content on BMI’s Web Site to:
By mail:
Attn: General Counsel
Big Mountain Imaging
3201 S. 26th Street
Philadelphia, PA
By e-mail: info@BigMountain.com

NOTE: This contact information is only for inquiries regarding content that you believe may be infringing.
Other Important Information Regarding Potential Copyright Infringement or other Content Complaints.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
BMI will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.

6. License
You may only view, use, download, and reformat Content for your revocable, non-commercial personal use, subject to these TOU.  Except for the limited license provided to you, if you desire to use any of Content for any commercial or other purposes, you must obtain our prior written permission and the use of such Content is subject to: (i) these TOU, (ii) any Additional Terms that may govern the Content that are posted on the Web Site, and (iii) any requirements we make you aware of when we provide you permission to use our Content.

7. Links
You may link from another site to BMI’s Content, subject to the following restrictions: any web site that links to the Web Site: (a) must not frame or create a browser or border environment around any of the Content of the Web Site; (b) may link to, but not replicate, the Content; (c) must not imply that BMI or the Web Site are endorsing, sponsoring or partnering with it or its products, unless BMI has given its prior written consent; (d) must not present false information about BMI or its products or services; (e) must not use any BMI trademarks without the prior written permission from BMI; and (f) must not contain content that could be construed as distasteful, offensive or controversial.  BMI reserves the right to deny permission to link to the Web Site for any reason in our sole and absolute discretion.  By linking to the Web Site, you agree that you do and will continue to comply with the above linking requirements.  BMI may provide third party content or link to third party websites on the Services. BMI does not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services.

8. Third Party Content and Information
The Web Site contains Content that is provided for your convenience and enjoyment.  Third parties may provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions that may be found on the Web Site or in the documents and policies of third parties.  We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.   Your correspondence and business dealings with others found on or through the Web Site, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party. You agree that BMI will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Web Site.  Descriptions of, or references to, products, services or publications within the Web Site does not imply endorsement of that product, service or publication by BMI.

9. Software
The technology and the software underlying our Web Site and the Services (including any software that we make available for download or use from the Web Sites and/or our servers) (the “Software”) is the property of BMI, its affiliates, its partners, or independent suppliers. Your use of the Software may be governed by the terms of an end-user license agreement that accompanies or is included with the Software (the “License Agreement”).  Please carefully read the License Agreement and these TOU to determine the full extent of conditions governing the use of such Software.  Except if expressly permitted by the License Agreement, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or Software underlying our Web Site.  You agree not to modify the Software underlying our Web Site in any manner or form or to use modified versions of such Software, including (without limitation) for the purpose of obtaining unauthorized access to our Web Site.

10. Acceptable Use
Without limiting the foregoing, you agree that you will not use our Web Site to take any of the following actions:
A. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
B. Publish, post, upload, e-mail, distribute, display, promote,  disseminate or otherwise make available (collectively, “Transmit”) any material that is inappropriate, profane, vulgar, libelous, defamatory, obscene, indecent, unlawful content, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, false, unlawful, threatening, tortious, disparaging (including disparaging of BMI or its affiliates), anything that adversely affects BMI’s business, such as discouraging any person or entity from advertising with, linking to or supplying BMI, or that promotes violence, racial hatred or terrorism, or is otherwise objectionable in BMI’s sole discretion;
C. Transmit any information, software, or other material that violates, plagiarizes, misappropriates or infringes upon the rights of third parties, including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent forensic identification or tracing information, rights signaling, tracking, reporting or recognition information, or copy-protect devices, including serial registration numbers for software programs, or any type of hacker or cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right;
D. Upload, transmit files that contain viruses, corrupted files, spyware, adware or any other software or programs that may damage or adversely affect the operation of another person’s computer, our Web Site, any software or hardware, or telecommunications equipment or take any steps to, on or in connection with the Web Site that deactivates any copy protection devices, programs or utilities;
E. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
F. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
G. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
H. Restrict or inhibit any other user from using and enjoying any public area within our Web Site;
I. Collect or store personal information about other end users;
J. Interfere with or disrupt our Web Site, servers, or networks;
K. Impersonate any person or entity, including, but not limited to, a BMI representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
L. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Web Site or to manipulate your presence on our Web Site;
M. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
N. Use or attempt to use another’s information (including financial information), account, wireless account, wireless device, password, service or system, except to the extent you have permission to use such information; or
O. Engage in any illegal activities.
You represent, warrant and agree that you will comply with the above acceptable use policy.

11. Termination
Additionally, you understand and agree that BMI will determine your compliance with these TOU, in its sole discretion. BMI reserves the right to deny access to all or part of the Web Site and to deny access to any person for any reason, in its sole discretion, without notice or liability of any kind. Any violation of these TOU may be referred to law enforcement authorities. Upon termination of your access to the Web Site, or upon demand by BMI, you must destroy all materials obtained from this Web Site and all related documentation.  Unauthorized access to our Web Site is a breach of these TOU and a violation of the law.  You agree not to access our Web Site by any means other than through the interface that is provided by BMI for use in accessing our Web Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Web Site, except those automated means that have been approved in advance and in writing.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Site and the Content, including, without limitation, those governing your transmission or use of any software or data.  If you are given the option to choose a username, and the username chosen, in our sole discretion, is obscene, indecent, abusive or might subject us to public disparagement or scorn, BMI reserves the right, without prior notice to you, to automatically change your username, delete your posts from our Web Site, deny you access to our Web Site, or any combination of these options.
If you do not agree to these TOU, you should immediately stop using the Services.  Any User Upload Information you made while using the Services will continue to be governed by Section 8 of these TOU.
Sections 8 – 10 and 18-24 of these TOU will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.

12. Indemnification
You agree to defend, indemnify and hold harmless BMI, its subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them (“BMI Parties”) with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with this TOU, including, without limitation: (a) your use of the Web Site; (b) your violation of these TOU or any law, rule or regulation, including, without limitation, those relating to false advertising, intellectual property infringement, defamation or authorization; (c) your use of the Content; or (d) your connection to the Web Site. You will cooperate as fully and reasonably as required by BMI in the defense of any claim. Notwithstanding the foregoing, BMI retains the exclusive right to assume the exclusive defense and control of any matter for which you are required to indemnify us and/or settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against BMI herein under the terms and provisions of this Section and in no event shall you settle any such claim without BMI’s prior written approval.

13. Disclaimers
We disclaim any responsibility for the deletion, the failure to store, the miss-delivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our Web Sites. We disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies our Web Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”  TO THE FULLEST EXTENT PERMISSIBLE BY LAW.  BMI, ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITE; (B) THE CONTENT (INCLUDING THE TEMPLATES) AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, CUSTOM ADVERTISEMENTS, HYPERTEXT LINKS OR OTHER INTERACTIVE FEATURES THAT ARE ACCESSIBLE OR DOWNLOADABLE THROUGH THE WEB SITE; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. BMI DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BMI DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, BMI SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITES OR THE CONTENT.  FURTHER, BMI AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.  YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR WEB SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.  BMI, ITS SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

14. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT BMI LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL BMI BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE WEB SITE, THE CONTENT, YOUR CONTRIBUTION TO CUSTOM ADVERTISEMENTS, OR CUSTOM ADVERTISEMENTS; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY BMI OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF BMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE); OR (6) ANY ACT, OMISSION, FAILURE TO DISTRIBUTE, MISTAKE AND/OR ERROR IN THE CREATION, DEVELOPMENT AND/OR DISTRIBUTION OF CUSTOM ADVERTISEMENTS.  IN NO EVENT WILL BMI BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BMI TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
BMI IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OUT OF HOME DISPLAY OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY STEEN WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OUT OF HOME DISPLAY OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES THAT 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.

15. Governing Law, Venue and Jurisdiction
THESE TOU SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Web Site, the Use or Access thereof, or these TOU must be in the state or federal courts located in Philadelphia, Pennsylvania and you hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Philadelphia, Pennsylvania for any such legal proceeding.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Web Site or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may have in connection with or related to the Web Site will be resolved individually, without resort to any form of class action.

16. Authority
You represent that you have all requisite power and authority to agree to be bound by these TOU, and to perform all of the acts and obligations set forth in these TOU.

17. Arbitration
We may elect to resolve any controversy or claim arising out of or relating to these TOU or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Philadelphia, Pennsylvania. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

18. Miscellaneous
We may be required by state or federal law to notify you of certain events.  You hereby acknowledge and agree that such notices will be effective upon our posting them on our Web Site or delivering them to you via email.  You may update your email address by visiting the Services where you have provided contact information.  If you do not provide us with accurate information, we will not be responsible for failure to notify you.  These TOU, including all Additional Terms, conditions, and policies on the Services and, if applicable any Advertising Agreements, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof.
BMI’s failure to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.
These TOU, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and BMI and govern your use of BMI’s Web Site, superseding any prior agreements that you may have with BMI.
If any part of these TOU is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the TOU shall continue in effect.