Beast Lair - Terms and Conditions

Terms and Conditions

Terms and Conditions

Privacy Statement

Online Service Agreement
Please read the following important legal information before accessing or using this web site. The use of this web site constitutes an agreement to abide by the terms and conditions below, just as if you had signed this Agreement.

BeastLair may revise this Agreement from time to time by updating this posting.

A. The Service. BeastLair.com (the "Service") is an online information, products and communications service provided by BeastLair.com, Inc. ("BeastLair").

B. Certain Requirements of User. You must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; and (2) provide for your own connection to the Web and pay any telephone service fees associated with such connection.

C. User Conduct — Right to Terminate Access to the Service. You are solely responsible for the content of your communications with other users of the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. BeastLair retains the right, at BeastLair's sole discretion, to determine whether or not your conduct is consistent with this Agreement and BeastLair's operating rules or policies and may terminate your access to and use of the Service if your conduct is found to be inconsistent with this Agreement, such rules or policies. You acknowledge and agree that BeastLair neither endorses the content of any of its userís communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. Without limitation, BeastLair reserves the right to terminate your access to and use of the Service if, in our view, your conduct or communications:

Contains, promotes or links to sexually explicit or violent material;

Promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;

Contains unlawful material, including but not limited to materials that may violate another's intellectual property rights, or links to a site that contains such material;

Contains information regarding, promotes or links to a site that provides information or promotes illegal activity;

Is considered by us or any person with access to such content to be obscene, lewd, lascivious, filthy, excessively violent, threatening, harassing or otherwise objectionable, whether or not such material is constitutionally protected; or

Is deemed by us to be unsuitable for any other reason.

You understand that we reserve the right to conclude that your conduct is unsuitable in accordance with our standards, and we may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded and even if our opinion or suspicion is proven not to be well-founded or if we allow other users access to the Service despite their communications having the same or similar characteristics as yours. You also understand that by providing any user access to and use of the Service, BeastLair in no way endorses user communications as being suitable under the terms of this Agreement.

D. Modifications to Your Information and Password. In order to change any of your account information with us, you must use your Password. Please safeguard your Password from any unauthorized use. In no event will BeastLair be liable for the unauthorized use or misuse of your Password.

E. Public Forums. This site makes postcards, polls, chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. BeastLair.com is not responsible for any information posted or exchanged by users through any aspect of this site, including but not limited to: postcards exchanged by users, polls, chat rooms, forums, message boards, and/or news groups.

F. Disclaimer of Warranties — Limitation of Liability. BeastLair does not guarantee that files available for downloading through the Service will be free of contaminating or damaging code such as viruses, trap doors and the like. BeastLair does not endorse content, nor warrant the accuracy, completeness, correctness, timeliness or usefulness of any opinions, advice, content, services, or merchandise provided through the Service or on the Internet generally. Any details as to products, including product descriptions, benefits, quality and performance are provided by the supplier or manufacturer of the product and are reproduced for the convenience of our users. This information is not verified or substantiated by BeastLair and BeastLair is not responsible for any inaccuracies or omissions.

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND PRODUCTS AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH IT, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. BEASTLAIR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BEASTLAIR MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BEASTLAIR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU SPECIFICALLY ACKNOWLEDGE THAT BEASTLAIR IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BEASTLAIR MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEASTLAIR OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NEITHER BEASTLAIR NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.

G. Indemnification. You agree to indemnify and hold BeastLair, its partners, agents, affiliates and content partners harmless from any dispute which may arise from a breach of terms of this Agreement. You agree to hold BeastLair harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of this Agreement.

H. Ownership Rights. The materials provided on the Service may be downloaded or reprinted for personal use only. You acknowledge that the Service contains information, software, photos, video, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and BeastLair owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. BeastLair.com and its respective logo is a trademark of BeastLair. Other products, brands, company names and the like are trademarks of their respective owners.

I. No Copying or Distribution. You may not reproduce, copy or redistribute the design or layout of this web site, individual elements of the web site design, BeastLair logos or other logos appearing on this web site, without the express written permission of BeastLair, Inc. Reproduction, copying or redistribution for commercial purposes of any materials or design elements on the BeastLair web site is strictly prohibited without the express written permission of BeastLair, Inc. Images and descriptions of products may be supplied to us by third parties, who reserve all rights in those materials.

J. Governing Law. This web site is controlled by BeastLair from its offices in La Jolla, California, United States of America. As this web site can be accessed from all fifty states and other countries around the world and each of these places has laws that may differ from those of California, by accessing this web site both you and BeastLair agree that the statutes and laws of the Commonwealth of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this web site. You and BeastLair also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Diego County, California and the United States District Court for the District of California with respect to such matters. BeastLair makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where its contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable laws.