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Terms of service: WEBSITE USER AND MEMBERSHIP TERMS AND CONDITIONS PART #1: Winmax Trading Group, Inc the owner of the following websites GOLEMUR.com and bnetTV.com These Terms and Conditions govern your use and access to the following network of Websites, which currently include: (1) www.golemur.com, www.bnettv.com and www.thegemstore.com; (2) www.golemur.tv , www.bnettv.tv www.thegemstore.tv; (3) www.golemur.net , www.bnettv.net and www.thegemstore.net; (4) www.Golemur.ca , www.bnettv.ca and www.thegemstore.ca; (5) www.golemur.de , www.bnettv.de and www.www.thegemstore.de; (6) www.golemur.biz ,www.bnettv.biz and www.thegemstore.biz (7) www.Golemurcom.cn , www.bnettv.cn and www.thegemstore.cn; (8) wap.golemur.com , wap.bnettv.com and wap.thegemstore.com (collectively, the "SITES," or individually, a "SITE" or "we/our"). IMPORTANT! These Terms and Conditions also govern your membership to the SITES if you become a member as well as your use of the SITES if you use any or all of the SITES without becoming a member. By accessing, using, viewing, reading, printing, installing, uploading or downloading any material from the SITES, or becoming a member to the SITES, you agree to be bound by these Terms and Conditions. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest your agreement to these Terms and Conditions by any act demonstrating your assent thereto, including clicking any button containing the words "I agree" or similar syntax. You may submit a paper copy of this transaction and print this form for your personal records. You have the right to withdraw your consent to use the E-Sign Act by emailing us. Your consent to use the E-Sign Act is limited to providing the information on this form. Access to this electronic record requires a simple browser program such as Internet ExplorerTM or NetscapeTM or FirefoxTM and a computer or via a internet enabled cel phone. These Terms and Conditions are subject to change by the SITES without prior notice, at any time, in its discretion. Notification of any changes will be posted on this page. You agree to review this page periodically to be aware of such changes. If these changes are unacceptable to you, you must terminate your membership as provided below or cease and desist your use of any and all the SITES. Your continued use of the SITES following the effective date of any such changes constitutes your full acknowledgement and acceptance of these changes. If you do not agree to be bound by these Terms and Conditions, you may not enter the SITES, you must exit the SITES immediately, you may not use or access the SITES, and you may not print, upload or download any materials from them. You may use and access the SITES only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the SITES. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions. You are solely responsible for obtaining access to the SITES and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the SITES. 1. Images and Content These SITES may contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other World Wide Web SITE owned, operated, licensed, or controlled by SITES (collectively, "Materials"). All Materials displayed on these SITES are protected by the First Amendment rights to Free Speech, Free Expression and Freedom of the Press, and parallel provisions of other constitutions. You acknowledge that the SITES may offer online content that could be deemed "adult" or "erotic" in nature, or which could otherwise be construed as being "offensive" in nature. Additionally, you are on notice that some of the Materials presented on the SITES may contain graphic depictions and descriptions of explicit, offending, or disturbing activities or thoughts. You acknowledge that you are aware of the nature of the Materials provided by these SITES, that you are not offended by such Materials and that you access the SITES freely, voluntarily and willingly. You also acknowledge that this SITE is intended to contain only images protected by the First Amendment to the United States Constitution. By using this SITE, you agree to upload, post or download only newsworthy images and messages and expressly agree not to post, upload or download any messages or images that are not considered protected communications under the First Amendment. If you are seeking information regarding illegal activities, please leave this SITE immediately. You are further aware of the community standards of your community, and you will only access the content on these SITES if you believe, upon diligent investigation, that the content on these SITES does not offend the community standards prevalent in your community. You further agree not to use or access these SITES if doing so would violate the laws of your state, province or country. 2. Age of Majority and Membership 1. Age of Majority You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit the SITES immediately and may not use or access the SITES or print, download, upload or post any Materials from or to them. You may be asked to verify your birth date on the Birth Date Verifier? form as a condition of entry onto the SITES, pursuant to 28 U.S.C. ?1746. Additionally, the SITES do not assume any responsibility or liability for any misrepresentations regarding a user's age. 2. Membership Membership may not be transferred or sold to a third party. The SITES and its affiliates disclaim any and all liability arising from fraudulent entry and use of the SITES. If a user fraudulently obtains access, the SITES may terminate membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws. 3. No Child Pornography or Other Offensive or Illegal Materail You understand that the SITES contain no child pornography or hate literature or any other criminal activity. If you seeking any form of child pornography, hate literature or other form of criminal activity , you must exit this SITE immediately. You acknowledge that all Materials on the SITE are protected by the First Amendment. We take a strong and definite stand against child pornography, hate literature and other criminal activity and only allow images and Materials that are protected by the First Amendment. If you identify any images, real or simulated, depicting minors or persons appearing to be of the age of majority engaged in sexual activity within the SITE, read any materials which could be construed as being hate literature or any other type of criminal activity please report the material to info@golemur.com. Include with your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating any and all forms of criminal activity. If you suspect other outside web SITES are participating in unlawful activities please report them to www.asacp.org. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users to limit minors' access to harmful material. 4. Access to, and Interference with, SITES 1. Access To access the SITES or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of these SITES that all information you provide will be correct, current, and complete. If the SITES believe the information you provide is not correct, current, or complete, the SITES have the right to refuse you access to the SITES or any of its resources, and to terminate or suspend your access at any time. Subject to these Terms and Conditions and in consideration of using these SITES, the SITES hereby grant you a limited, nonexclusive, nontransferable personal license to access and use the SITES and the Materials contained therein. Provided that you are a member in good standing to the SITES, you may cache the Materials onto a single computer for your personal, non-commercial internal use only. All Materials on the SITES shall be for private use only, and all other uses are strictly prohibited. You agree to prevent any unauthorized copying of any of the SITES, or any of the Materials contained therein. Any unauthorized use of the SITES or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access the SITES for its intended purpose and is not a transfer of title. You represent and warrant that you will not copy or redistribute any of the content appearing on this SITE save and except for your own personal use. Violators of this limited license may be prosecuted to the fullest extent under the applicable law. Additionally, the posting or uploading of images or material on our SITES is governed by a separate "Posting Guidelines & Conditions," which is hereby incorporated by reference. No images or other material shall be posted or uploaded on this SITE which may violate any of our "Posting Guidelines & Conditions." By using the SITE, users also agree not to post any messages that are vulgar, obscene, hateful, defamatory, false, threatening, or messages that otherwise may violate any state, federal or international laws. Users are encouraged to check with local law enforcement authorities to determine if any proposed messages or activities violate legal restrictions. The SITES do not intend to screen all content in advance for accuracy or conformance to these Terms and Conditions and our Posting Guidelines & Conditions. We may, however, screen some, all, or none of the content posted for their conformance to these requirements. You indemnify us against all liability arising out of our action or inaction with regard to Content within this SITE. 2. Interference Except where expressly permitted by law, you may not translate, reverse-engineer, reverse-compile, decompile, disassemble or make derivative works from, our SITES' Content. User hereby agrees not to use any automatic device or manual process to monitor or reproduce the SITES, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the SITES or any communications on it. You agree and accept that our introduction of various technologies may not be consistent across all platforms (such as Macintosh). Users expressly agree that the use of our SITES is at the user's sole risk. We provide our services on a commercially reasonable basis and do not guarantee that members will be able to access the service at a time or location of their choosing, or that it will have adequate capacity for the service as a whole. 5. Restrictions on Use of SITES You may use the SITES only for purposes expressly permitted by the Terms and Conditions of the SITES. You may not use the SITES for any other purpose, including any commercial purpose, without the SITE'S express prior written consent. Without the express prior written authorization of the SITES, you may not: (a) duplicate the SITES or any of the Materials contained therein (except as expressly provided above in Paragraph IV); (b) create derivative works based on the SITES or any of the Materials contained therein; (c) use the SITES or any of the Materials contained therein for any public display, public performance, sale or rental; (d) re-distribute the SITES or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the SITES or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the SITES or any of the Materials contained therein; (g) use any meta-tags or any other "hidden text" using the SITES' name or marks; (h) "deep-link" to any page of the SITES (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the SITES (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the SITES); (j) use any data mining, robots or similar data gathering and extraction tools on the SITES; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Paragraph IV above; or (m) bookmark any page of the SITES beyond the registration log-in screen. You agree to cooperate with the SITES in causing any unauthorized use to cease immediately. At any time, if the SITES provide a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive, pornographic or illegal material while using the SITES or other services included on the SITES. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the SITES shall terminate all your rights under this Agreement. If you share information and communicate with other users, you agree that all Materials you submit will be accessible to other users and will not be secure or private . You hereby agree that you have been noticed that all communications submitted to the SITES can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages. 6. Membership 1. Registration You are responsible for providing all equipment and the computer necessary to access the SITES. You may access the non-public portion of any SITE only by being a member in good standing to that SITE. You may become a member of a SITE by completing an online registration form, which must be accepted by SITE, and you must pay the subscription fee if any. Upon submission of the online registration form, SITE or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform SITE of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for the SITES. If you provide any information that is untrue, inaccurate, not current or incomplete, or SITE or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SITE has the right to suspend or terminate your account and refuse any and all current or future use of the SITE or SITES, as well as subjecting you to criminal and civil liability. Subscription fees are non-refundable, and you are responsible to for any credit card charge backs, dishonored checks and any related fees that we incur with respect to your account. 2. Member Account, Password and Security As part of the registration process, you will be issued a unique user name and password which you must provide in order to gain access to the non-public portion of a SITE. You certify that when asked to choose a username you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, at our sole and unfettered discretion, deem inappropriate. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole and unfettered discretion, deem inappropriate. The ID and password remain our sole property. Your membership, the ID and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to any SITE to anyone other than yourself. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. SITE will not release your password for security reasons. You agree to (a) immediately notify SITE of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the SITES until you notify SITE by email regarding that unauthorized use. Unauthorized access to the SITES is illegal and a breach of this Agreement. You indemnify the SITE against all activities conducted through your account. You are responsible for any and all activities conducted on your account, authorized by you or not, and we will hold you responsible for any and all unacceptable conduct including but not limited to illegal or unacceptable uploads, downloads, copyright or other infringements or any other activity of an unacceptable nature. You may obtain access to your billing records regarding charges of your use of the SITES upon request. 3. Fees Access to the SITE golemur.com is provided at no charge. You may, however, be subject to internet access charges as provided by your local or national telephone and/or internet service provider which are your sole responsibility. Membership fees to other SITES are prominently displayed prior to your subscription thereto. If you have questions regarding fees, or you believe you have been charged mistakenly, please contact us at info@ golemur.com. Members will be billed at a rate posted on the SITES. You agree to pay all membership fees when due according to these billing terms. SITE posts the current membership fees for each SITE as part of the registration process. SITE reserves the right to change any Site's membership fees at any time, with or without prior notice to you. At the time of registration, you must select a payment method. SITE reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due more than thirty (30) days after the invoice date, you agree to pay interest on the past due amount at a monthly rate of 1.5% (18.0% per annum) , or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorney's fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to be responsible for all debts incurred on your behalf. If we do not receive payment from the credit card or its issuer, you agree to pay all past due amounts to us upon demand. You also agree to pay all amounts due to us immediately upon cancellation or termination of your account. Each further use of our SITES shall be construed as affirmation of your consent to this Agreement and our authorized right to charge your designated card. Your card issuer agreement governs your use of your designated card in connection with us, and you must refer to that agreement and not these Terms and Conditions with respect to your rights and liabilities as a card holder. You agree that we may, at our own discretion, aggregate charges billed to your account and submit them as one or more charges during or at the end of each billing cycle. You also agree that we may delay obtaining authorization from your card issuer until charges are submitted. Any questions with regard to the details of accumulated charges posted to members' accounts may be addressed to info@ golemur.com. You are responsible for reimbursing SITE for all credit card charge backs, dishonored checks and any related charges. You authorize SITE and its agents to make payments for the services provided to you through the SITES by automatic check debit and credit card on your behalf. You hereby agree not to falsely report the credit card or check card lost or stolen, without good reason that it is lost or stolen, that you have used for payment of Site's goods or services, including subscriptions. Such fraudulent reporting to avoid payment for goods or services that you or anyone under your authority has made to SITE or the SITES when you have an outstanding charge to SITE shall make you liable to SITE for $25,000.00 in liquidated damages and not as a penalty. This liability for liquidated damages is in addition to any other liability you may incur for breaches of any other Terms and Conditions in this Agreement. The Parties to this agreement stipulate that the amount of $25,000.00 is a fair and reasonable liquidated damages amount, and is not a penalty. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services provided by us or our affiliates at any time. We may also elect to notify members of these changes through pop-up windows, e-mail or snail mail at its own discretion in addition to notice posted on the our SITES. If any change described above is unacceptable to you, you must cancel as described in this Agreement. Further use of our SITES following such notification shall be construed as your consent to these changes. 4. Billing Errors If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication. 7. Termination You may cancel your membership at any time by sending an email to memberships@ golemur.com and providing: (a) our customer service department with a notice of your intent to cancel the membership along with your user name and password; and (b) any outstanding fees owed for your membership. You hereby agree to be personally liable for any and all charges made by you for goods or services through your use of the SITES. In the event that your account is canceled by you, no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or which can be converted to cash or other form of reimbursement. This Agreement's provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the SITE or SITES to which you were a member. Without limiting other remedies, the SITE may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of a SITE and refuse to provide our services to you at any time, with or without advance notice, if: (a) SITE believes that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference, (b) you fail to pay any amount due by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, our users or us; (e) SITE decides to cease operations or to otherwise discontinue any of the SITES or parts thereof or (f) you conduct any actions which may be deemed by us to be offensive to other users including but not limited to downloading or uploading of any pornographic or otherwise offensive materials . Further, you agree that neither SITE nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to any of the SITES. You agree that if your account is terminated by SITE, you will not attempt to re-register as a member without prior written consent from SITE. You also agree that you will not provide access to our services to any former member whose account has been terminated. In the event we terminate your account, we will refund the appropriate pro-rata portion of your subscription, provided you are not in breach of these Terms and Conditions. Members using multiple accounts without prior express written permission from us will be in breach of this Agreement and shall have their membership terminated. Additionally, any delinquent or unpaid accounts or accounts with unresolved issues with the Customer Service department or other departments must be concluded before you may re-register with our websites. 8. Disclaimer of Warranty YOU EXPRESSLY AGREE THAT USE OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITES AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SITE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN 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 UNDERSTAND THAT SITE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SITE DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITES OR ANY TRANSACTION ENTERED INTO THROUGH THE SITES AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 9. Disclaimer THE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY LAWS IS STRICTLY PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER HAS PROVIDED OR INTENDS TO PURCHASE OR PROVIDE ANY SERVICES IN VIOLATION OF ANY LAW, YOUR ABILITY TO USE THE SITE WILL BE TERMINATED IMMEDIATELY. WE DO HEREBY DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM ANY USER PROVIDING ANY SERVICES FOR ANY PURPOSE THAT VIOLATES ANY LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU DO ALSO HEREBY AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED BY YOUR ILLEGAL ACTIONS OR SHOULD WE BE OBLIGATED TO DEFEND ANY CLAIMS INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH THIS SITE. OUR SITE CONTAINS MATERIAL THAT MAY BE OFFENSIVE TO THIRD PARTIES. YOU DO HEREBY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE FROM REVIEWING SUCH MATERIAL AND WARRANT AND AGREE TO CEASE REVIEW OF THE SITE SHOULD YOU FIND IT OFFENSIVE. IF YOU ARE SEEKING SERVICES THAT ARE IN VIOLATION OF ANY APPLICABLE LAWS WHATSOEVER, YOU MAY NOT USE THIS SITE AND DO HEREBY AGREE TO EXIT IT IMMEDIATELY. 10. Limitation of Liability IN NO EVENT SHALL SITE (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF SITE HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SITE'S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITES FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 11. Indemnity You agree to defend, indemnify, and hold harmless SITE, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person's authority including without limitation to governmental agencies, use, misuse, or inability to use the SITES or any of the Materials contained therein, or your breach of any of these Terms and Conditions. SITE shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so. 12. Links and Account Information Some web SITES which are linked to the SITES may be owned and operated by third parties. Because SITE has no control over such SITES and resources, you acknowledge and agree that SITE is not responsible for the availability of such external SITES or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such SITES or resources. You further acknowledge and agree that SITE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such SITE or resource. If you decide to access any such third party SITES, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this Site's User Agreement or Privacy Policy, which is incorporated by reference. Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not constitute an endorsement by the Site of such sites or the content, products, advertising or other materials presented on such sites, but are for User's convenience. Users access them at their own risk. The Site expressly disclaims any liability for any damages whatsoever incurred by any user in connection with the use of any websites, the access to which was found through this Site. The Site expressly disclaims any liability derived from the use and/or viewing of any links that may appear on this Site. All users do hereby agree to hold the Site harmless from any and all damages and liability that may result from the use of links that may appear on the Site. Additionally, all users do hereby agree to be the sole, authorized user of their account. Should any user suspect that any unauthorized party may be using their account, user does hereby agree to contact the Site immediately. 13. Trademark Information The terms "Golemur," "Golemur! ", "Golemur! Player "and "You've got to see this! "are service and/or trademarks of the SITE. All rights are reserved. We aggressively defend our intellectual property rights. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. SITE's marks, logos, domains, and trademarks may not be used publicly except with express written permission from SITE, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits SITE or the SITES. 14. Copyright Information The Materials accessible from the SITES, and any other World Wide Web SITE owned, operated, licensed, or controlled by SITE, is the proprietary information and valuable intellectual property of SITE or the party that provided the Materials to SITE, and SITE or the party that provided the Materials to SITE retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of SITE, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Content except as expressly provided in these Terms and Conditions violates SITE's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the SITES. All Materials included on the SITES, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of SITE or its content suppliers and is protected by United Kingdom, United States, and international copyright laws. The compilation of all Materials on each SITE is the exclusive property of SITE or its content suppliers and protected by United Kingdom, United States, and international copyright laws, as well as other laws and regulations. 15. Notice of Claimed Infringement The SITE respects the intellectual property of others, and we ask our users to do the same. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SITE's Designated Copyright Agent the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on a SITE; 4. your address, telephone number, and email address 5. 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; and 6. 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. You may send your Notice of Claimed Infringement to: GoLemur! Inc. 48 Wall Street, 11th floor New York, NY 10005 Please do not sent other inquires or information to our Designated Agent. 16. Notice and Takedown Procedures The SITES implement the following "notice and takedown" procedure upon receipt of any notification of claimed copyright infringement. The SITES reserve the right at any time to disable access to, or remove any material or activity accessible on or from any SITES or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the SITES to terminate the account of repeat copyright infringers, when appropriate, and the SITES will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. ?512 of the Digital Millennium Copyright Act ("DMCA"). The SITE's DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and ?512 of the DMCA, but does comply with three requirements for identifying SITES that are infringing according to ?512 of the DMCA, the SITES shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, the SITES will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. The SITES reserve the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes. 17. Export Control You understand and acknowledge that the software elements of the Materials on the SITES may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to United Kingdom's, United States' or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities. 18. Legal Compliance User shall conform to all applicable domestic and international laws, statutes, ordinances, and regulations regarding use of the SITES. IF THE SITES DETERMINE THAT YOU USE OR INTEND TO USE THE SITES FOR ANY ILLEGAL PURPOSES, WE EXPRESSLY RESERVE THE RIGHT TO TERMINATE YOUR MEMBERSHIP THE SITES IMMEDIATELY AND COMMENCE LEGAL PROCEDDINGS AGAINST YOU WITHOUT NOTICE. 19. No Agency Relationship Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein. 20. Notice 1. Notice Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, or personal delivery by commercial carrier such as FedEx or Airborne. 2. Change of Address Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement. 21. Force Majeure SITE shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the SITES performance. 22. General Provisions 1. Governing Law These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the United States of America, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the courts of the United States of America. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be the state of Florida. 2. Rights to Injunctive Relief Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity. 3. Binding Arbitration If there is a dispute between the parties arising out of or otherwise relating to these Terms and Conditions, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker's compensation law and unemployment insurance claims. The arbitration shall be conducted in Florida, United States and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. The party bringing the action shall be responsible for paying all costs for arbitration, including the arbitrator's fees. Each party shall bear its own attorneys' fees (except if the matter is for the collection of a debt owed in which case the prevailing party shall be awarded its attorneys fees, all arbitration costs and the arbitrator fees (if applicable), in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. This Section shall not apply to any breach (or any allegation which if true would constitute a breach) of any matter relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS. 4. Assignment The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you. 5. Severability If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect. 6. Attorney's Fees In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney's fees, including attorney's fees incurred on appeal. 7. No Waiver No waiver of SITE shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions. 8. Headings All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions. 9. Complete Agreement These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the SITES and the Materials contained therein, and your membership with any of the SITES, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties' rights and responsibilities in connection with any specific Materials downloadable from a SITE). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties. 10. Modifications SITE reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a SITE. Your continued use of a SITE following SITE' posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. SITE does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by SITE in writing, these Terms and Conditions may not be amended by you. 11. Government Rights The software elements of the Materials have been developed at private expense and are "commercial computer software" or "restricted computer software" within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense. You further agree not to upload to our SITES any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement. 12. Other Jurisdictions SITE makes no representation that the SITES or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the SITES from such locations do on their own initiative and are solely responsible for compliance with all applicable local laws. Users who wish to gain access to the members-only section of any of the SITE SITES must be a member in good standing. SITE posts the current membership fees for each SITE prior to the registration page for each SITE. SITE reserves the right to change the membership fees and the SITES at any time. Users may contact the SITE at .com in order to resolve any billing disputes or to receive further information about any of the SITES. COMPLAINTS - CALIFORNIA RESIDENTS The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254. PART #2: BNETTV USERS I agree with the terms of service

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