1. ACCEPTANCE OF TERMS 

BrianX.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated from time to time without notice to you or any other visitors. 

The BrianX.com website offers the TOS as a disclaimer and is a legal agreement between BrianX.com (including the owner(s) of the name) and users of the website regarding the viewing, interacting, and related products and services offered on the BrianX.com website.

2. DESCRIPTION OF SERVICE 

BrianX.com currently provides users with access to a collection of resources, including, various graphics, articles (many of which provide advice, opinions, and commentary), pictures, jokes, interactive items (includes items such as guestbooks, polls, feedback forms), information,  and other personalized content (the "Service").

You also understand and agree that the Service may include advertisements and that these advertisements may be necessary for BrianX.com to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BrianX.com material and properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that BrianX.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. 

You are responsible for obtaining access to the Service 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 Service. 

Please be aware that BrianX.com has created certain areas on the Service that may contain adult or mature content. You must be at least 18 years of age to access and view such areas. 

3. VISITOR CONDUCT 

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BrianX.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. 

BrianX.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BrianX.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. 

You acknowledge that BrianX.com does not pre-screen all of the Content, but that BrianX.com shall have the right (but not the obligation) in sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, BrianX.com  shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BrianX.com or submitted to BrianX.com, including without limitation information in BrianX.com Message Boards, and in all other parts of the Service. 

Any use of the copyrighted content will lead to a $25,000 fine at minimum.

4. TRADEMARK INFORMATION AND COPYRIGHTS. INFORMATION, APPEARANCE, AND CONTENT. 
  
All information in this website is copyright BrianX.com 1997 to present. All persons who wish to use anything found on this website must request written permission. 

Some information on the BrianX.com website (such as graphics, sounds, likeness, etc) was borrowed from outside sources. When no recognition is granted to these items, it is because the source of the recognition was not known. However, no attempt to purposely make any malicious use of these items have been made. If the owners of any of the material in question request changes or termination of use of such material, the request will be granted.
 
Any unauthorized use of the content or appearance of this website is unlawful and offenders may be prosecuted to the fullest extent of the law.

Some features of BrianX.com function better with Internet Explorer than with Netscape, or other Internet Browsers. No claim is made that it will be optimal on any given computer.

BrianX.com does not guarantee that all that is written will be to your liking. BrianX.com is not responsible for any misleading, false, or otherwise injurious information and advice communicated in any and all articles, columns, stories and all other writings and graphics on the website. 

The content in BrianX.com is either for entertainment or for informative purposes only. BrianX.com makes no claim that any of the information provided, will guarantee what is said, such as meeting actual people (e.g., models) based on the information. Some sections of BrianX.com are clearly stated as reflecting the opinion of the writer (as typically indicated by the words 'written by <name of author>') and BrianX.com cannot be held accountable for that writer’s content. 

BrianX.com apologizes ahead of time for any information that is inaccurate. There is no guarantee that all information in the website is accurate. It is recommended that you check any information with professionals, experts, and other sources before acting on any information. 

BrianX.com "Diva of the Month" interviews and all other interviews submitted by the interviewee or via 3rd party (such as an agent) become the property of BrianX.com. They may not be re-published in any format without prior written consent. BrianX.com owns the copyright to these interviews.

BrianX.com cannot be held responsible for anything that happens to readers and users of the website with respect to what is written in such areas as '2 Cents', 'Rumours', but also in ALL other areas of the website. BrianX.com cannot be held responsible for what those who freelance for the website say or do outside of their article or column. 

5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE 
 
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 

6. INDEMNITY 
  
You agree to indemnify and hold BrianX.com, and its owners, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.


7. NO RESALE OF SERVICE
  
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 


8. DEALINGS WITH ADVERTISERS
  
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BrianX.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 

BrianX.com does not guarantee any products sold or advertised in this website. BrianX.com does not guarantee or endorse any product, business or service advertised in this website

9. LINKS 
  
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BrianX.com has no control over such sites and resources, you acknowledge and agree that BrianX.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BrianX.com 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 Content, goods or services available on or through any such site or resource. 


10. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRIANX.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRIANX.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 

 
11. LIMITATION OF LIABILITY 
 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRIANX.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRIANX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

 (i) THE USE OR THE INABILITY TO USE THE SERVICE;

 (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; 

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; 

(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

 (v) ANY OTHER MATTER RELATING TO THE SERVICE. 


19. EXCLUSIONS AND LIMITATIONS 
 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.