| TERMS OF USE
Welcome to the Westpark Foundries Inc. web site, owned and produced
by Westpark Foundries Inc. and its subsidiary
and affiliate entities, successors, and assigns
(collectively referred to as Westpark Foundries Inc.) which currently
consists of various web pages at or linked to
the URLs at http://www.westparkfoundries.com.
(Collectively referred to as the "Site,"
which may expand or change from time to time).
By using the Site, you agree, without limitation
or qualification, to be bound by, and to comply
with, these Terms and Conditions and any other
posted guidelines or rules applicable to any
individual Site ("Agreement"). All
such guidelines and rules are hereby incorporated
by reference into this Agreement. If you do
not agree with all of the following terms of
this Agreement, please do not use or access
the Site. The Site is intended for your personal
entertainment, information, education and communication.
Westpark Foundries Inc. reserves the right, at its sole discretion,
to change, modify or otherwise alter the terms
and conditions in this Agreement at any time.
Changes and/or modifications shall become effective
immediately upon the posting. Please review
this Agreement periodically. Your continued
use of the Site following the posting of changes
and/or modifications will constitute your acceptance
of this Agreement as revised.
1. Use of Materials: The Site contains material
which is derived in whole or in part from material
supplied by Westpark Foundries Inc. and other sources, and is protected
by U.S. and international copyright and trademark
laws. No material (including but not limited
to the text, images, audio and/or video) and
no software (including but not limited to any
images or files incorporated in or generated
by the software or data accompanying such software)
(individually and collectively the "Materials")
may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way
or decompiled, reverse engineered or disassembled,
except that you may download one copy of the
Materials on any single computer for your personal,
non-commercial home use only, provided you keep
intact all copyright and other proprietary notices.
Modification of the Materials or use of the
Materials for any other purpose is a violation
of Westpark Foundries Inc.'s or such other sources' copyright,
trademark and other proprietary rights. In the
event that you download Materials from the Site,
you are granted a limited license to use such
Materials and Westpark Foundries Inc. does not transfer title to
any such Materials to you. The use of any such
Materials on any other web site or networked
computer environment without Westpark Foundries Inc.'s express
written consent is prohibited.
2. Minors: CHILDREN UNDER THE AGE OF 13 CANNOT
REGISTER FOR THE SITE HEREUNDER. YOU ACKNOWLEDGE
THAT SOME AREAS OF THE SITE MAY CONTAIN MATERIAL
THAT IS INAPPROPRIATE FOR MINORS. If you have
agreed to allow your minor child, or a child
for whom you are legal guardian (a "Minor"),
to register as a member of the Site, you agree
that you shall be solely responsible for: (a)
the online conduct of such Minor; (b) monitoring
such Minor's access to and use of the Site;
and (c) the consequences of any use of the Site
by such Minor. At various places on the Site,
Westpark Foundries Inc. asks whether users are under the age of
13. Westpark Foundries Inc. relies on the users of the Site to
be truthful in responding to these questions.
If a user does not identify or is not truthful
about his/her proper age, Westpark Foundries Inc. will have no
way of verifying actual age with respect to
our privacy policy.
3. Personal Safety: When using the Site, please
be certain that anything you say does not compromise
your personal safety. Do not provide your name,
phone number, postal or e-mail address, your
password, or any other personally identifying
information to people you do not know. Do not
continue any conversation online that makes
you feel uncomfortable.
4. Registration: Certain services provided
in the Site may require you to register in order
to use such services and you will be required
to provide certain information about yourself.
In consideration of use of such service(s) in
the Site, in registering and providing such
data, you represent and warrant that: (a) the
information about yourself is true, accurate,
current, and complete (apart from optional items)
as required by the various services registration
forms ("Registration Data") and (b)
you will maintain and promptly update the Registration
Data to keep it true, accurate, current and
complete. If you provide any information that
is untrue, inaccurate, not current or incomplete,
or Westpark Foundries Inc. has reasonable grounds to suspect that
such information is untrue, inaccurate, not
current or incomplete, Westpark Foundries Inc. has the right to
suspend or terminate your account and refuse
any and all current or future use of any of
the Sites services. Any personal information
supplied hereunder will be subject to the terms
of our privacy policy.
5. Password: Your password will allow you to
access certain parts of the Site. You are solely
responsible for maintaining the confidentiality
of the password and your account information,
and are fully responsible for all activities
that occur under your password or account. You
agree to immediately notify Westpark Foundries Inc. of any unauthorized
use of your password or account, or any other
breach of security.
6. Services: Westpark Foundries Inc. may send you e-mail newsletters
informing you of new membership benefits and
features, letting you know of problems with
the Site or with services offered by Westpark Foundries Inc., or
presenting you with the opportunity to buy selected
products and services. You may start or stop
receiving such e-mail newsletters at any time
by sending an e-mail to webmaster@barcelonafilms.com stating
that you no longer want to receive such e-mail
newsletters.
7. Unsolicited Material: Westpark Foundries Inc.s longstanding
company policy does not allow it to accept or
consider creative ideas, suggestions or materials
other than those Westpark Foundries Inc. has specifically requested.
This policy is to avoid the possibility of future
misunderstandings when projects developed by
Westpark Foundries Inc. might seem similar to the creative ideas,
suggestions or materials submitted by users.
However, if you do send Westpark Foundries Inc. any creative materials,
including creative suggestions, ideas, notes,
drawings, concepts or other information or if
you transmit to the Site by electronic mail
or otherwise, communications including any data,
questions, comments, suggestions, or the like
(collectively, the "Unsolicited Material"),
the Unsolicited Material shall be deemed, and
shall remain, the property of Westpark Foundries Inc.. Westpark Foundries Inc. may
edit, copy, publish, distribute, translate,
and otherwise use or exploit in any medium any
Unsolicited Material that you forward to Westpark Foundries Inc.
and Westpark Foundries Inc. will own exclusively all such rights,
titles, and interest and shall not be limited
in any way in its use, commercial or otherwise,
of the Unsolicited Material. If you are a member
of any guild or union, such as the Writers Guild
of America, for example, the Unsolicited Material
is not subject to the terms of any collective
bargaining agreement. Westpark Foundries Inc. is and shall be under
no obligation to: (1) maintain any of your or
any user's Unsolicited Material in confidence;
(2) to pay to you or any user any compensation
for any Unsolicited Material; or (3) to respond
to any of your or any other user's Unsolicited
Material.
8. Bulletin Boards:
a. The Site may include bulletin boards and
other areas where users can post and/or exchange
information, ideas, opinions, photographs, images,
videos, creative works or any other materials
(collectively "Bulletin Boards").
Westpark Foundries Inc. does not control the material delivered
to Bulletin Boards, and Westpark Foundries Inc. has no obligation
to monitor such Bulletin Boards. The messages
do not necessarily reflect the views of Westpark Foundries Inc..
In no event shall Westpark Foundries Inc. assume or have any responsibility
or liability for any materials posted on Bulletin
Boards or for any claims, damages or losses
resulting from their use and/or appearance on
the Site. Westpark Foundries Inc. reserves the right at all times
to disclose any information (including the identity
of the persons providing information or materials
on its Bulletin Boards) as necessary to satisfy
any law, regulation or governmental request.
In addition, Westpark Foundries Inc. reserves the right to edit,
refuse to post or to remove any information
or materials, in whole or in part, that in Westpark Foundries Inc.'s
sole discretion are tasteless, offensive, objectionable
or in violation of this Agreement. By posting
messages, uploading files, inputting data, or
engaging in any other form of communication
through this service, you are granting Westpark Foundries Inc.
a royalty-free, perpetual, non-exclusive, unrestricted,
worldwide license to use, copy, sublicense,
publish, adapt, transmit, publicly perform or
display any such communication. Westpark Foundries Inc. may without
limitation sublicense to third parties the unrestricted
right to exercise any of the foregoing rights
granted with respect such communication. The
foregoing grants shall include the right to
exploit any proprietary rights in such communication,
including but not limited to rights under copyright,
trademark, servicemark or patent laws under
any relevant jurisdiction, and to use bulletin
board remarks for the purpose of advertising
and promotion, without revealing the identity
of the individual to whom the remark is attributed
unless Westpark Foundries Inc. obtains the permission of such individual
or unless otherwise provided for herein.
b. Westpark Foundries Inc. is not responsible for members
or guest meeting through the Westpark Foundries Inc. Message
Boards. Westpark Foundries Inc. cannot be held liable for any
damages (emotional, psychological, physical,
or otherwise) concurred by meeting any other
person on this forum and or web site.
9. Rules: It is a condition of your use of
the Site that you do not:
a. Restrict or inhibit any other user from
using and enjoying the Bulletin Boards;
b. Alter any material Westpark Foundries Inc. posts on the Site;
c. Post or transmit any unlawful, threatening,
abusive, libelous, derogatory, defamatory, obscene,
vulgar, pornographic, profane, offensive or
indecent information of any kind, including
images and language;
d. Post any message that solicits gambling
or engage in any gambling activity;
e. Post any hateful or harassing messages,
information or material;
f. Post, or transmit or in any way exploit
any information, software or other material
for commercial purposes or which contains advertising,
promotion or marketing;
g. Transmit or upload any information, software
or other material which violates or infringes
upon the rights of others, including material
which is an invasion of privacy or publicity
rights or which is protected by copyright, trademark
or any other proprietary right, or derivative
works with respect thereto, without first obtaining
permission from the owner or rights holder;
h. Transmit or upload any information, software
or other material which contains viruses, time
bombs, trojan horses, cancelbots, worms or other
harmful or deleterious components or devices
or engage in disruptive activities online, including
excessive use of scripts, sound waves and scrolling;
i. Use any Bulletin Boards for any illegal
purposes (or to solicit any illegal act);
j. Use the Site for the purposes of sending
junk e-mail, chain letters, duplicative or unsolicited
messages or "spamming" or in connection
with contests, surveys or pyramid schemes;
k. Use the Site to collect personally identifying
information about users of the Site in violation
of Westpark Foundries Inc.s Privacy Policy;
l. Try to gain unauthorized access to the Site,
other users' accounts, or computers connected
to the Site though password mining or other
means;
m. Interfere with another user's use and enjoyment
of the Site or any other individual's user and
enjoyment of similar services;
n. Resell, redistribute, broadcast or transfer
the information or use the information derived
from the Site in a searchable, machine-readable
database;
o. Disguise a file type to thwart Westpark Foundries Inc.'s detection
processes;
p. Submit to the Live Directory multiple web
sites with different URLs that re-direct a user
to one web page; (xv) submit to Live Directory
more than one URL for a single category or update
Live Directory listings with intent to distort
or misrepresent them, including but not limited
to changing titles of the entries, descriptions
of the entries, URLs, or keywords; and
q. Attempt to gain unauthorized access to other
computers, computer systems or networks connected
to the Site.
10. Monitoring: You acknowledge and agree that
Westpark Foundries Inc. reserves the right to, and may from time
to time, monitor any and all information transmitted
or received through the Site, including, but
not limited to, the Bulletin Board, for operational
and other purposes. During monitoring, information
may be deleted, examined, recorded, copied,
and/or used for authorized purposes in accordance
with Westpark Foundries Inc.'s Privacy Policy. Use of the Site
constitutes consent to such monitoring. Westpark Foundries Inc.,
however, is not obligated to monitor. Furthermore,
Westpark Foundries Inc. reserves the right at all times to disclose
any information posted on the Bulletin Boards
or on any other portion of the Site as necessary
to satisfy any law, regulation or governmental
request, or to refuse to post, or to remove,
any information or materials, in whole or in
part, that in Westpark Foundries Inc.'s sole and absolute discretion
are objectionable or in violation of this Agreement.
11. Sweepstakes and Other Activities: Westpark Foundries Inc.
provides rules for certain activities on the
Site including, without limitation, e-mail services,
contests, sweepstakes, and auctions sponsored
by Westpark Foundries Inc. and in conjunction with third parties.
This Agreement is incorporated by reference
to the specific rules, which appear in connection
with information about a particular activity.
To the extent that any conflict exists between
this Agreement and specific rules, the rules
for the activity in which you choose to participate
shall govern. Your participation in any such
activities shall be subject to the applicable
laws of your state.
12. Hyperlinks to Third Party Sites: The appearance
of external hyperlinks are presented as a convenience
only and do does not constitute endorsement
by Westpark Foundries Inc., its subsidiaries, assigns, licensees
and related entities of the opinions or views
expressed by these linked web sites and Westpark Foundries Inc.
does not verify, endorse, or take responsibility
for the accuracy, currency, completeness or
quality of the content contained in linked sites.
Furthermore, Westpark Foundries Inc. is not responsible for the
quality or delivery of the products or services
offered, accessed, obtained by or advertised
by such sites. As such, neither Westpark Foundries Inc., nor its
subsidiaries and related entities will be responsible
for any errors or omissions or for the results
obtained from the use of such information contained
in these sites. To the extent that these sites
collect personal information or postings from
the end user, be advised that in no event shall
Westpark Foundries Inc. assume or have any responsibility or liability
for the manner in which such information or
postings are exploited or for any claims, damages,
or losses resulting from their use and/or appearance
on these sites. Finally, under no circumstances
will Westpark Foundries Inc. be liable for any direct, indirect,
incidental or special loss or other damage,
whether arising from negligence, breach of contract,
defamation, infringement of copyright or other
intellectual property rights, caused by the
exhibition, distribution or exploitation of
any information or content contained within
these sites.
13. Termination: Westpark Foundries Inc. may, in its sole discretion,
discontinue or alter any aspect of the Site
or any services included on or through the Site
at any time with or without notice and for any
reason, including but not limited to (i) restricting
the time of availability, (ii) restricting the
availability and/or scope of the Site for computer
types and operating systems, (iii) restricting
the amount of use permitted, and (iv) restricting
or terminating any user's right to use all or
part of the site. Westpark Foundries Inc. shall not be liable to
any party for any such termination or alteration.
You are responsible for all charges (e.g.,
telephone, cable, electricity, etc.) associated
with connecting to the Site through an available
access number or Internet service provider.
You are also responsible for obtaining or providing
all telephone or cable access lines, telephone,
cable and computer equipment (including modem),
or other access devicas necessary to access
the Site.
If you object to any of the terms in this Agreement,
you may discontinue use of the Site. You may
cancel your subscription to any Westpark Foundries Inc. service
by following the directions provided in such
service.
14. Disclaimer: TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, NEITHER Westpark Foundries Inc. NOR
ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING
OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE
DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE
OF, THE SITE. WITHOUT LIMITING THE FOREGOING,
EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You assume all risk of errors and/or omissions
in the Site, including the transmission or translation
of information. You assume full responsibility
for implementing sufficient procedures and checks
to satisfy your requirements for the accuracy
and suitability of the Site, including the information
provided thereon, and for maintaining any means
that you may require for the reconstruction
of lost data or subsequent manipulations or
analyses of the information provided hereunder.
You acknowledge and agree that your use of the
Site, and any information sent or received in
connection therewith, may not be secure and
may be intercepted by unauthorized parties.
YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST
OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION
TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
You specifically acknowledge and agree that
Westpark Foundries Inc. is not liable for any defamatory, offensive,
harassing or illegal conduct of any user.
15. Limitation of Liability: Your use, access
to and browsing of the Site is at your risk.
Westpark Foundries Inc. assumes no responsibility for any personal
injury or property damage which results from
your use of and access to the Site. If you are
dissatisfied with any of the Materials contained
in the Site, or with any part of this Agreement,
your sole and exclusive remedy is to discontinue
accessing and using the Site. Westpark Foundries Inc. also assumes
no responsibility, and shall not be liable for
any damages to, or viruses, worms or bots that
may infect, your computer equipment or other
property on account of your access to, use of,
or browsing in the Site or your downloading
of any Materials from the Site. Westpark Foundries Inc. does not
warrant or make any representations of any kind
or nature with respect to the Materials. You
are responsible for compliance with local laws,
if and to the extent local laws are applicable.
IN NO EVENT SHALL Westpark Foundries Inc., ITS PARENT OR SUBSIDIARIES,
ITS LICENSEES OR ASSIGNS, OR ITS AFFILIATES
OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH YOUR USE OF THE SERVICE OR WITH
THE DELAY OR INABILITY TO USE THE SERVICE, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES ADVERTISED IN OR OBTAINED THROUGH THE
SERVICE, INCLUDING, WITHOUT LIMITATION, ANY
UNAVAILABILITY THEREOF, Westpark Foundries Inc.'S REMOVAL OR DELETION
OF ANY MATERIALS SUBMITTED OR POSTED ON ITS
SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SERVICE, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF Westpark Foundries Inc.
OR ANY OF ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS
IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION,
TO ANY DAMAGES OR INJURIES ARISING FROM ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, WORMS, POWER FAILURE, FILE CORRUPTION,
COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM
OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF ANY MATERIAL.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
Westpark Foundries Inc., ITS PARENT, SUBSIDIARIES, AFFILIATES OR
SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF
THE SERVICE. IF YOUR STATE DOES NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LAST, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. 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. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM STATE TO STATE.
.16. Indemnification: You agree to indemnify,
defend and hold harmless Westpark Foundries Inc. and its parent,
subsidiaries, affiliates, licensees and assigns,
and their respective officers, directors, employees,
agents, licensors, representatives, and third
party providers to the Site from and against
all losses, expenses, damages, and costs, including
reasonable attorneys' fees, resulting directly
or indirectly from or in connection with (a)
any violation of the terms and conditions of
this Agreement, (b) any material posted or otherwise
provided by you that infringes any copyright,
trademark, trade secret, trade dress, patent
or other intellectual property right of any
person or defames any person or violates their
rights of publicity or privacy, (c) any misrepresentation
made by you in connection with your use of the
Site; and (d) claims brought by persons or entities
other than the parties to this Agreement arising
from or related to your access and use of the
Site, including the information obtained through
the Site. Westpark Foundries Inc. reserves the right to assume,
at its sole expense, the exclusive defense and
control of any matter subject to indemnification
by you, in which event you will fully cooperate
with Westpark Foundries Inc. in asserting any available defenses.
17. United States Export Controls: Westpark Foundries Inc. operates
at Austin, Texas and controls the Site from
Austin Texas. The Site is intended exclusively for
residents of the United States. Westpark Foundries Inc. makes no
representation that materials on the Site are
appropriate or available for use in any particular
location. Those who choose to access the Site
do so on their own initiative and are responsible
for compliance with local laws, if and to the
extent local laws are applicable. Software from
the Site is further subject to United States
export controls. No software from the Site may
be downloaded or otherwise exported to reexported
(i) into (or to a national or resident of) Cuba,
Iraq, Libya North Korea, Iran, Syria or any
other country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny
Orders. By using the Site, you represent and
warrant that you are not located in, under the
control of, or a national or resident of any
such country or on any such list.
18. Miscellaneous: This Agreement contains
the entire understanding and supersedes all
prior understanding of the parties hereto relating
to the subject matter hereof, and cannot be
changed or terminated orally. If any provision
of this Agreement is found to be illegal or
unenforceable, this Agreement will be deemed
curtailed only to the extent necessary to make
it legal and enforceable and will remain, as
modified, in full force and effect.
This Agreement shall be governed by and construed
in accordance with the laws of the State of
Texas and the United States without giving effect
to any principles of conflicts of law. You hereby
consent to the exclusive jurisdiction and venue
of courts in Austin, Texas, U.S.A., regarding
any and all disputes relating to this Agreement
or your use of the Site and waive any right
you may have pursuant to any state, local or
national law with respect to forum non conveniens
and choice of law. The titles and headings used
in this Agreement are used for convenience only
and are not to be considered in construing or
interpreting this Agreement.
SM & © 2001 Westpark Foundries Inc.,
All Rights Reserved.
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