Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AS A USER OF THIS SITE.
This is the Terms of Use Agreement ("Agreement") for platniumboundmedia.com ("Site," "we," "us," or "our"). This Site is to be used by individuals 18 years of age or older who reside in the United States of America. If you are not yet 18 years old, or do not reside in the United States, please discontinue using the Site immediately. Use of this Site certifies that you are at least 18 years of age and meet any other eligibility and residency requirements of the Site. Use of this Site also certifies that you accept this Agreement and agree to adhere to the terms herein. These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and Platinum Bound Media.
"Site" includes all websites and webpages within platniumboundmedia.com as well as any equivalent, mirror, replacement, substitute or backup websites and webpages that are associated with the platinumboundmedia.com. By using this Site, not only will you abide by the terms of this Agreement but also with any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"). The Site may also provide additional rules of participation ("Rules") for certain activities and services including, but not limited too the following: contests and sweepstakes, award programs, membership clubs, and email. The Site's Additional Terms, Privacy Policy and the Rules are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern.
This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.
This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages.

MODIFICATIONS

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and we may also e-mail you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
OWNERSHIP OF INTELLECTUAL PROPERTY

The contents of this Site, including all Site software, trademarks and service marks, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, are the property of Platnium Bound Media, and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. The Site is to be used solely for your noncommercial and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Platinum Bound Media. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.
ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions.
RULES OF CONDUCT

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to: be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else; affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"; be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or webpages; transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; violate any laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement; modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
SHOPPING

All e-commerce on the Site is brought to you by BurnLounge Inc., an operational service provider and affiliate under this Agreement. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or webpages, even if you were directed or linked to such a site or page through the Site. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any product shall be the amount you actually paid us for it. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. products may be purchased while supplies last. If a product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge). Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product and we reserve the right to accept or decline your order for any reason up until the time the product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any product and we will notify you if we do so. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. products on the Site are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any products that are purchased in violation of the foregoing restrictions. You are responsible for any taxes imposed on the sale or use of products and applicable taxes will be added to the amount charged for products purchased on the Site. If an order consists of multiple items, they may be shipped separately depending on availability.
POSTINGS

Your comments, suggestions and information are important to us. portions of this Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or other users. You understand, acknowledge and agree that such postings are the sole responsibility of the person from which such postings originated. This means that you, the user, and not this Site, are entirely responsible for the consequences of all postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site. We do not monitor, endorse, edit or screen any Postings, although we reserve the right to do so, nor shall we be liable for any posting that is in violation of this Agreement. In no event shall the Site have or be construed to have any responsibility or liability for or in connection with any posting whatsoever; however, if we determine, in our sole discretion and judgment, that any posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to post; (b) remove and delete postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on Platinum Bound Media. If a posting originates from you or your account, you hereby agree that: (a) you are placing the posting in the public domain without reservation of any rights or further control over the posting or its use and you specifically authorize the Site to use such posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that the posting (i) is original to you, (ii) does violate or breach any of the terms of this Agreement, (iii) does not contain obscene, libelous, tortious, or unlawful information, infringe or violate any copyright or other right, and (iv) we shall not be required to pay or incur any sums as a result of our use of the posting; (c) if your posting incorporates anything other than plain, you specifically represent and warrant that you have the right to place such posting in the public domain and grant Platinum Bound Media the right to use such posting as described above; (d) we have the right to delete, re-format and/or change your posting in any manner that we may determine, and (e) you will not be entitled to any compensation because of the use or exploitation by us or any third party of any posting you make to us or any ideas or concepts contained therein. Posting is for noncommercial purposes only.
CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS

From time to time, Platinum Bound Media, or the Site's operational service providers, suppliers, and Advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes. Each promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each promotion, will be deemed incorporated into and form a part of this Agreement.
HYPERLINKS TO THIRD PARTY SITES

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, Platinum Bound Media or affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices or any goods or services associated with or obtained in connection with any such site.
DEACTIVATION/TERMINATION OF YOUR REGISTRATION

You may deactivate your account on the Site, at any time and for any reason, by clicking here to go to Your Account, entering your user name and password, and then selecting the "Close My Account" option. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
DISCLAIMER AND LIMITATIONS OF LIABILITY THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.

Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, Platinum Bound Media, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have the Parent Companies, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for the Parent Companies, to refund any monies actually paid by you for the Products involved and to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that the Parent Companies assume no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
INDEMNIFICATION

You agree to indemnify, defend and hold the Site, Platinum Bound Media, affiliates, successors and assigns, or any of their respective officers, directors, employees, agents, licensors, representatives, Advertisers, operational service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your postings.
PRIVACY

We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.
LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS

This Agreement, together with any Additional Terms, Rules, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and Platinum Bound Media and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.

This Agreement and your use of the Site is governed by, construed and enforced in accordance with the laws of North Carolina (conflict of laws provisions, notwithstanding). For the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in Mecklenburg County, North Carolina and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.
This Terms of Use Agreement was last modified on May 8, 2007 and is effective immediately.