TERMS OF USE AGREEMENT

This website is owned or managed by Four Points Media Group, LLC (“Four Points”). Four Points provides this website and related services (collectively, the “Four Points Website” or the “Website”) for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this Website. Your use of this Four Points Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Four Points Website.

Certain products or services offered by this and/or other Four Points Websites (each a “Four Points Internet Service,” and collectively “Four Points Internet Services”), and certain areas within this and/or other Four Points Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or Four Points Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY FOUR POINTS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY FOUR POINTS WEBSITE MAY BE TERMINATED IMMEDIATELY IN FOUR POINTS’ SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Some parts of this Website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Website content.

Changes to this Agreement

Four Points reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Four Points will provide notice of such change on the Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the Four Points Website and/or Four Points Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Four Points Website and/or the Four Points Internet Service to which the changes may apply.

Accounts, Security, Passwords
If a particular Four Points Website or Four Points Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Four Points immediately of any unauthorized use of your account. Four Points is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Four Points Internet Service.

Privacy and Protection of Personal Information
Four Points has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this statement by clicking here.

Fees
Except where otherwise provided, access to and use of this Four Points Website and the Four Points Internet Services offered through this site are currently available without charge. Four Points reserves the right to charge a fee for access to or use of this Four Points Website, or any Four Points Internet Service available on this Four Points Website at any time in the future. Your access to or use of this Four Points Website before such time does not entitle you to use of this Four Points Website without charge in the future.

Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS FOUR POINTS WEBSITE AND/OR FOUR POINTS INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS FOUR POINTS WEBSITE OR FOUR POINTS INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. FOUR POINTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FOUR POINTS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. FOUR POINTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS FOUR POINTS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. FOUR POINTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS FOUR POINTS WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

FOUR POINTS IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR FOUR POINTS INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Limitations on Liability
In no event shall Four Points, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Four Points Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Four Points Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Four Points Website or any information, software, products, services, and related graphics obtained through the Four Points Website; (vi) any transactions entered into through this Four Points Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Four Points Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Four Points Website and Four Points Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Four Points has been advised of the possibility of damages.

Indemnification
You agree to indemnify, defend, and hold harmless Four Points, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Four Points Website and any related Four Points Internet Service and/or software. Four Points reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Four Points in asserting any available defenses.

Links
This Website may contain links to websites operated by third parties. Four Points does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Four Points’ endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

Software And Downloads Available Through This Website
Any software that is made available to view and/ or download in connection with a Four Points Internet Service (“Software”), including podcasts, audio streaming, or video streaming, is owned or controlled by Four Points and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Four Points accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

Third-Party Merchants
This Four Points Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Four Points. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Four Points does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Four Points will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Four Points Internet Service.

Modification/Termination by Four Points
Four Points reserves the right, in its sole discretion, to modify, suspend, or terminate this Four Points Website and/or any portion thereof, including any Four Points Internet Service, and/or your account, password, or use of any Four Points Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for a Four Points Internet Service removes your authorization to use the Four Points Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Four Points shall not be liable to you or any third-party for any termination of your access to a Four Points Internet Service.

Interactive Services
This Four Points Website may offer certain Four Points Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively “Four Points Interactive Services”). Additional terms may cover these services, which appear on the pages where these services are available and can be found here.

Subscription Services
This Four Points Website may offer certain Four Points Subscription Services such as newsletters and Real Simple Syndication (“RSS”) feeds (collectively “Four Points Subscription Services”). By registering for a Four Points Subscription Service, you will be subject to any charges and rules set forth in the description of that service.

Real Simple Syndication (“RSS”) Services
Four Points RSS service may offer feeds of headlines and other content (“RSS Content”) in XML format to our Website visitors who use RSS aggregators. Four Points offers RSS service to individuals for private, non-commercial use. Any other use, including charging others a fee to view, the incorporation of advertising into, or the placement of advertising associated with the RSS Content, is prohibited. Four Points may discontinue the offering of RSS service at any time for any reason. Four Points assumes no liability arising from or relating to your use of RSS service.

Four Points RSS service may be used only on a platform from which a functional link is made available that takes the user directly to the display of the full article on the host Four Points Website. Any display of Four Points RSS feed or Content must incorporate an attribution to the host Four Points Website. You may not modify, edit or otherwise alter the RSS Content.

Four Points retains all title, ownership rights and intellectual property rights in and to the RSS Content. Four Points grants you a non-exclusive license to use the RSS service subject to these Terms of Use.

Contests/Sweepstakes
For Additional Terms applying to all contests or sweepstakes conducted by this Four Points Website, refer to this site’s contest or sweepstakes information.

International Use/U.S. Export Controls
This Four Points Website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. Four Points makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge that this site is subject to U.S. law, acknowledge that the requirements of U.S. law may differ from those of other nations, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws. If you choose to access this Four Points Website from outside the United States, you do so at your own risk and initiative, and are solely responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this Four Points Website. No software or any other materials associated with this Four Points Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are solely responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Four Points Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

General Information
This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Utah, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or Four Points brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this Four Points Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in Salt Lake City, Utah. You agree to submit to the personal jurisdiction of the courts of the State of Utah for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid, or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Four Points with respect to the use of this Four Points Website and shall not be modified except in writing, signed by an authorized representative of Four Points.

If you have any questions concerning this Agreement, you may send them by email to weblegal@fourptsmedia.com You must send any official correspondence via postal mail to:

Four Points Media Group
299 South Main Street, Suite 150
Salt Lake City, UT 84111
c/o: Stephanie Avis

Use of Intellectual Property
The Four Points Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Four Points logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Four Points or by other parties that have provided rights thereto to Four Points.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Four Points Website, in whole or in part, without the express written permission of Four Points.

Other trademarks, service marks, product names and company names or logos appearing on this Four Points Website that are not owned by Four Points may not be used without express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Four Points Website, or frame this Four Points Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Four Points Website in an email for commercial purposes, without the express written permission of Four Points.

You may inquire about obtaining permission by writing:

Attention: Web Legal
Four Points Media Group
299 South Main Street, Suite 150
Salt Lake City, Utah 84111

By Facsimile: 801-973-3387
By Email: weblegal@fourptsmedia.com

Copyright Infringement
Four Points respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Four Points Website, you are granting permission to have this material posted on this Four Points Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Four Points reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Four Points may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement here.

Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By mail:

Four Points Media Group
299 South Main Street, Suite 150
Salt Lake City, Utah 84111
DMCA Designated Agent
c/o: Stephanie Avis

By Phone: (801)973-3155
By Facsimile: (801)973-3387
By Email: weblegal@fourptsmedia.com

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Four Points to locate the material.

(iv) Information reasonably sufficient to permit Four Points to contact the complaining party, such as an address, telephone number, and, if available, an email address.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

Submissions
Four Points does not accept or consider creative ideas, suggestions or materials other than those that it has specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings in the event that projects developed by Four Points appear to you and/or other parties as similar to your own creative ideas, suggestions or materials.

Except as described in the Four Points Website’s Privacy Statement, if you choose to send to this Four Points Website, by electronic mail or otherwise, any creative materials, including creative suggestions, ideas, notes, drawings, concepts, including, without limitation, any data, questions, comments, suggestions, or the like (collectively, the “Submitted Information”), you will be deemed to have granted to Four Points a royalty-free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, broadcast, translate, create derivative works from and distribute the Submitted Information throughout the universe in any medium and through any methods of distribution, transmission and display, whether now known or hereafter devised. In addition, you warrant that all publicity rights and so-called “moral rights” to the Submitted Information have been waived. If any court determines that Four Points does not retain exclusive ownership of the Submitted Information, Four Points is deemed to retain a non-exclusive license to use the Submitted Information. Except as otherwise provided herein, none of the Submitted Information shall be subject to any obligation of confidence on the part of Four Points, and Four Points shall not be liable for any use or disclosure of any Submitted Information.

Effective Date: September 29, 2007
© 2007 Four Points Media Group, LLC