1. ACCEPTANCE OF TERMS
Welcome to BIMBOANDBORDERLINE.COM provides its service to you, subject to the following Terms of Service
("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of
the TOS at any time at: http://www.bimboandborderline.com/termsofservice.html In addition, when using particular
BIMBOANDBORDERLINE.COM owned or operated services; you and BIMBOANDBORDERLINE.COM shall be subject to
any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or
are hereby incorporated by reference into the TOS.. BIMBOANDBORDERLINE.COM is a website owned and operated
by 3-way productions a film & web production company owned by Charlie Castleman, III.
2. MEMBER CONDUCT
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 bimboandborderline.com, are entirely responsible for
all Content that you upload, post, email, transmit or otherwise make available via the website. bimboandborderline.com
does not control the Content posted outside the website via any links on the website and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by using the website, you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances will bimboandborderline.com 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 website.
You agree to not use the Service & Website to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, bimboandborderline representative, forum leader,
guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted
through the Service;
e. 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);
f. 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;
g. 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.
h. 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the website are able to
type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. 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;
k. 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;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of
material support or resources) to any organization(s) designated by the United States government as a foreign terrorist
organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; or
n. Collect or store personal data about other users.
3. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
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.
4. INDEMNITY
You agree to indemnify and hold bimboandborderline.com, 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.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. BIMBOANDBORDERLINE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. BIMBOANDBORDERLINE.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
c. ANY MATERIAL 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 ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
BIMBOANDBORDERLINE.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN
LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO
HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF
THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE
USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
6. MODIFICATIONS OF SPECIAL USES OF WEB SITE SUCH AS MAILING LIST AND BULLETIN BOARDS SERVICE
bimboandborderline.com 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 bimboandborderline.com shall not
be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7. GENERAL INFORMATION
Choice of Law and Forum. The TOS and the relationship between you and bimboandborderline.com shall be governed
by the laws of the State of Texas without regard to its conflict of law provisions. You and bimboandborderline.com agree
to submit to the personal and exclusive jurisdiction of the courts located within the county of Bexar, Texas.
Waiver and Severability of Terms. The failure of bimboandborderline.com 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.
Statute of Limitations. 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.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
8. NOTICE The TOS can be modify or changed at anytime by bimboandbordeline.com with out written or electronic
notice sent to users.
9. VIOLATIONS
PLEASE REPORT ANY AND ALL TO techsupport@bimboandborderline.com
BIMBO AND BORDERLINE.COM