terms of service

Welcome to bhmediaservices.com. bhmediaservices.com (the "Service") is a service of Bakalarski & Hollinger Media Services (the "Company"). Please read this visitor agreement in its entirety. 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. The Company may revise this Agreement from time to time by updating this posting. By continuing to use the service after we post any such changes, you accept this agreement, as modified.

Last Updated: 2 June 2003

The Service. bhmediaservices.com is an online information, products and communications service provided by Bakalarski & Hollinger Media Services.

Certain Requirements of the 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 service fees, whether telephone, cable, or otherwise associated with such connection.

You must be fourteen (14) years of age or older to utilize the Service.

Privacy Policy. bhmediaservices.com respects the privacy of our users. Please take a few minutes to review our privacy policy.

Feedback. We invite you to send in your questions or comments about bhmediaservices.com, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to our Content Management team at bhms@bhmediaservices.com.

Copyrights, Copyright agents, and Intellectual Property. The Company expects that you will not use the service to violate anyone's copyright, trademark, or other intellectual property rights. By submitting material to the Company, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this agreement, but may also subject you to legal liability for infringement of copyright, trademark, or other intellectual property rights.

We respect the intellectual property of others, and we ask our users to do the same. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via one of our Web sites, please notify us by sending a notice by U.S. Mail to Intellectual Property, Bakalarski & Hollinger Media Services, PO Box 19052, Pittsburgh, PA 15213. Please provide us with the following information:

• a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

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. The Company retains the right, at the Company's sole discretion, to determine whether or not your conduct is consistent with this Agreement and the Company's operating rules or policies, and applicable laws, 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 the Company neither endorses the content of any of its user’s communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby. Without limitation, the Company reserves the right to terminate your access to and use of the Service for any or no reason, including without limitation, 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;
• harms minors in any way;
• impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
• is deemed by us to be unsuitable for any other reason.

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• "stalk" or otherwise harass another; or
• collect or store personal data about other users.
• 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, the Company in no way endorses user communications as being suitable under the terms of this Agreement. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not The Company, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

Termination of Access to Service. You agree that The Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TOS. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that The Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that The Company shall not be liable to you or any third-party for any termination of your access to the Service.

Screening Content; Preservation of Content. You acknowledge that The Company does not pre-screen Content, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, The Company and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. In this regard, you acknowledge that you may not rely on any Content created by The Company or submitted to The Company, in any parts of the Service. You acknowledge and agree that The Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Company, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Although bhmediaservices.com cannot monitor all the postings in the chat rooms, forums, and other public areas, we reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will not, in the ordinary course of business, review private electronic messages that are not addressed to bhmediaservices.com. However, we will comply with the requirements of the law regarding disclosure of such messages to others, including law enforcement agencies.

We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.

No soliciting or spamming. You agree not to use bhmediaserivces.com to advertise or to solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval. Furthermore, from time to time, users may post their e-mail addresses in our chat rooms, forums, and other public posting areas. You agree not to gather these e-mail addresses, or any email addresses of The Company, for purposes of spamming.

Content Submitted Or Made Available For Inclusion On The Service. The Company does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant the Company the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of the the Company network of properties that are intended by the Company to be available to the general public.

Retention of Rights; Reprint permission requests. Although the Service is freely accessible, the Company retains all rights to the materials appearing on the service, except as provided elsewhere in this agreement. 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 the Company 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. bhmediaservices.com, Bakalarski & Hollinger Media Services and their respective logos may be trademarks, as applicable, of the Company. Other products, brands, company names and the like are trademarks of their respective owners. You may not distribute copies of materials found on bhmediaservices.com in any form (including by e-mail or other electronic means), without prior written permission from the owner. You may not reproduce, copy or redistribute the design or layout of this web site, individual elements of the web site design, the Company logos or other logos appearing on this web site, without the express written permission of the Company. Reproduction, copying or redistribution for commercial purposes of any materials or design elements on the Service is strictly prohibited without the express written permission of the Company. Images and descriptions of products may be supplied to us by third parties, who reserve all rights in those materials. You agree not to access the Service by any means other than through the interface that is provided by The Company for use in accessing the Service.

Requests for permission to reproduce or distribute materials found on bhmediaservices.com should be sent to Content Management, Bakalarski & Hollinger Media Services, PO Box 19052, Pittsburgh, PA 15213. In addition to postal mail, such submissions may be sent in duplicate to bhms@bhmediaservices.com to speed such requests.

Resale of Service, Linking to and Framing the Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply sponsorship, endorsement, or any relationship whatsoever of your site by bhmediaservices.com or the Company. Any business entity wishing to link to, mention, or otherwise post identifying materials, including, but not limited to, URLs must gain written permission of the Company before enacting such plans. Without the prior written permission of the Company, you may not frame any of the content of bhmediaservices.com, or incorporate into another Web site or other service any intellectual property of the Company, or any of their licensors. Requests for permission to frame our content may be sent to Management at the address above.

Establishment of General Practices; Continuity of Service. You acknowledge that the Company may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on the Company's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that the Company reserves the right to log off accounts that are inactive for an extended period of time, and that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Disclaimer of Warranties; Limitation of Liability. YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICE.

THIS SERVICE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. BAKALARSKI & HOLLINGER MEDIA SERVICES, AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, NOR DO THEY GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL PITTSBURGH360.COM, BAKALARSKI & HOLLINGER MEDIA SERVICES, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF BHMEDIASERVICES.COM, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BAKALARSKI & HOLLINGER MEDIA SERVICES, AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF BAKALARSKI & HOLLINGER MEDIA SERVICES, AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE FOR THE USE OF THE SERVICE.

Indemnification. You agree to indemnify and hold The Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

Governing Law. This web site is controlled by the Company from its offices in Pittsburgh, Pennsylvania, 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 Pennsylvania, by accessing this web site both you and the Company agree that the statutes and laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this web site. You and the Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts of Allegheny County, Pennsylvania and the United States District Court for the District of Pennsylvania with respect to such matters. The Company 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. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Scope of these Terms of Service (“TOS”). The TOS constitute the entire agreement between you and the Company and govern your use of the Service, superceding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of the Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 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 the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.