PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THE BACK BONE REC PRIVACY POLICY CAREFULLY BEFORE USING THIS WEB SITE OR RECEIVING ANY OF THE BACK BONE RECSERVICES.

Welcome

Welcome to Back Bone Rec’s terms and conditions of use. These terms and conditions of use apply to and govern your use of Back Bone Rec’s Web site(s) (the “Site”) as a passive visitor. For purposes of these terms and conditions of use, the words “you” and “your” shall refer to any visitor to the Site, as well as any Member, as defined above. Your use of the Site or the Services signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site or receive the Services.

Effective Date

This document was last modified on June 22, 2009 to comply with the Online Privacy Protection Act of the R.S.A, effective immediately.

License to Use the Site

Back Bone Rec grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, and uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. Except as expressly provided herein or otherwise allowed by Back Bone Rec, you may not use the Site or the Services for any commercial purpose.

Changes to Terms and Conditions of Use

Back Bone Rec reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, or to incorporate service fees for Members, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes. Members will be notified by E-mail when the terms and conditions are updated.

Ownership; Restrictions

Back Bone Rec owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation: text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The Site is protected by copyright as a collective work and/or compilation, pursuant to the R.S.A copyright laws, international conventions, and other copyright laws. Back Bone Rec owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.

You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, mirror, or in any way exploit the Site or any portion thereof for any public or commercial use, other than as expressly provided by these terms and conditions of use, without the express written permission of Back Bone Rec. You may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in or on such Content, including without limitation trademarks and service marks of Back Bone Rec and its affiliates or the copyright holder identified in the individual Content’s copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made.

This Site also contains trademarks of Back Bone Rec protected under the R.S.A. and International Trademarks laws. Use of such marks without Back Bone Rec’ written permission is strictly prohibited.

Change to Site or Content

Back Bone Rec shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services, including but not limited to Content, features, or hours of availability. Back Bone Rec may also impose limits on certain features and Services or restrict your access to parts or the entire Site without notice or liability.

Acceptable Use Policy

As a condition of your use of this Site and the Services, you warrant to Back Bone Rec that you:

• Will only use this Site and Services for lawful purposes in accordance with these terms and conditions of use;
• Agree and consent to our Privacy Policy;
• Agree not to infringe the proprietary rights, intellectual property rights, rights of publicity or privacy rights of Back Bone Rec or third parties in connection with your use of the Site;
• Will not intentionally or unintentionally violate any applicable local, Provincial, national or international law, including but not limited to any regulations having the force of law, while using or accessing the Site or the Services;
• Will not harvest, gather or otherwise collect contact information of other users of the Site or Services, for any purpose including, without limitation, transmitting any unsolicited advertising, junk mail, spam, or chain letters;
• Will refrain from using unlawful, tortuous, profane, vulgar, harassing, abusive, threatening, inflammatory, libellous, defamatory, fraudulent or similarly harmful or discourteous language in any e-mail or form entry created through this Site;
• Will not scroll faster than others in chat rooms in a way that affects others’ right of enjoyment of the Site; and
• Will not access or attempt to access unauthorized areas of the Site, or unreasonably load or burden the Site’s servers.
• Anybody who violate these terms and conditions of use, at Zenith Entertainment’ sole discretion, may be prohibited from receiving Services thereafter

You agree that Back Bone Rec has the right, but not the obligation, to monitor all material on the Site at any time for any reason in its sole discretion to determine compliance with these terms and conditions of use and any other operating rules that Back Bone Rec may establish from time to time. Notwithstanding this right of Zenith Entertainment, Back Bone Rec does not and cannot review all materials posted to the Site by users, and Back Bone Rec is not responsible for any such materials posted by users. Back Bone Rec reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in Zenith Entertainment’ sole discretion, such materials are objectionable or in violation of these terms and conditions of use. Back Bone Rec does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Back Bone Rec reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

Indemnification

You shall indemnify, defend and hold harmless Zenith Entertainment, and all its officers, directors, owners, agents, employees, content providers, partners, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site or receipt or use of the Services. Back Bone Rec reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Zenith Entertainment.

Links to Other Web Sites

The Site may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from our Site do not constitute an endorsement by Back Bone Rec or any of its subsidiaries, partners and affiliates of any third party resources or their services or contents. Links do not imply that Back Bone Rec or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Back Bone Rec or any of its affiliates. Back Bone Rec is not responsible for content on or services provided by other Web sites that are linked to or from the Back Bone Rec site, including without limitation Zenith Entertainment’ partners’ Web sites and services. You should direct any concerns regarding any external link to its site administrator or Webmaster.

Disclaimer of Warranties and Damages; Limitation of Liability

THE SITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED TO SITE VISITORS, MEMBERS, AND ANY OTHER THIRD PARTY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BACK BONE RECNOR ITS CONTENT PROVIDERS OR PARTNERS WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, MEANINGFULNESS, OR RELIABILITY OF THE SITE, CONTENT, MATERIALS, SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SITE, ANY PRODUCTS OR SERVICES OF OR HYPERTEXT LINKS TO, THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. BACK BONE RECAND ITS PARTNERS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ZENITH ENTERTAINMENT’ NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

UNDER NO CIRCUMSTANCES SHALL ZENITH ENTERTAINMENT, ITS SUBSIDIARIES, PARTNERS, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF ZENITH ENTERTAINMENT, ITS SUBSIDIARIES, PARTNERS AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, STIPULATED BY THE R.S.A. AND OTHER NATIONAL AND INTERNATIONAL COUNTRIES’ LAWS.

Back Bone Rec’s Rights to Materials Provided by Users

Any or all material and information provided by you to the Site, including without limitation the information contained in your Member Account, if any, may be included in a database owned by Back Bone Rec and its subsidiaries, partners and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to or within the Site, you grant to Back Bone Rec a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed, without any compensation to you. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights to any claim against Back Bone Rec for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Back Bone Rec is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.

No Responsibility for Transmitted Material

You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Back Bone Rec or the Site, no confidential, fiduciary, and contractually implied or other relationship is created between you and Back Bone Rec or any Back Bone Rec affiliate or subsidiary other than pursuant to these terms and conditions of use. Back Bone Rec shall not be responsible for the payment of any money to any party in connection with Zenith Entertainment’ use of Communications submitted by you to the Site.

No Resale/Exploitation

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site or Services for any commercial purpose.

Non-R.S.A. Residents

Back Bone Rec makes no representation that materials in the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the R.S.A. Those who choose to access this Site from other locations outside of the R.S.A do so on their own initiative and are responsible for compliance with local, National and International laws (collectively, “all Laws”), if and to the extent all laws are applicable.

General Provisions

These terms and conditions of use shall be governed by and construed in accordance with the laws of the R.S.A, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate Provincial or Constitutional court located in the R.S.A and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Back Bone Rec with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Back Bone Rec of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

PRIVACY POLICY

Back Bone Rec has created this privacy statement in order to demonstrate our firm commitment to our visitors’ and Members’ privacy. The following discloses our information gathering and dissemination practices for this Web site: lostrebels.com. This Privacy Policy is a portion of, and is incorporated into, the Web Site Terms and Conditions of Use.

Non-Personal Information

During your visit to the Site, we may request non-personally identifiable demographic and profile data, though your provision of this information is optional. We may use this data to improve our Site and enhance your experience. For example, we may use this data to tailor your experience at our Site, show you content that we think you might be interested in, and display content according to your preferences. We may also share this information with others, such as advertisers interested in advertising on the Back Bone Rec Site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.

As you browse the Internet, a trail of electronic information is left at each Web site you visit. This information, which is sometimes called “click stream data, can be collected and stored by a Web site’s server. Click stream data can tell us the type of computer and browsing software you use, the address of the Web site from which you linked to the Back Bone Rec Site, and in some instances, your e-mail address. We may use click stream data to determine how much time visitors spend on each page of our Site and how they navigate throughout the Site. We will only use this information to improve the Lost Zenith Entertainment.

Non-Personal Information collected

• Name and version of web browsing software
• Name of operating system
• URL of the web site from which you linked into Back Bone Rec
• Date and time of each page view during your Back Bone Rec session
• Whether you have previously accessed the site before
• Personal Information

We may use your IP address to help diagnose problems with our server, and to administer our Site. Your IP address is used to help identify you for the duration of a session and to gather broad demographic information.

Cookies

“Cookies” are pieces of information that are placed on an individual’s computer hard drive to enable the individual to more easily communicate and interact with the Back Bone Rec Site. Back Bone Rec may use cookies to customize your Site experience, to make sure you don’t see the same ad repeatedly, to deliver content specific to your interests, to remember the items in your Shopping Cart, and for other purposes. However, you may disallow cookies through your Web browser and still visit our Site. Back Bone Rec will never use cookies to retrieve information from a computer that is unrelated to the Back Bone Rec Site or Services or your interaction with the Back Bone Rec Site.

Consent to Processing

By providing any personal information to this Site, you fully understand and unambiguously consent to the collection and processing of such information in the R.S.A. and/or any other country.

Other Sites

Our Site may contain links to other sites. Other sites may also reference or link to our Site. Back Bone Rec is not responsible for the privacy practices or the content of such other sites.

Supplemental Information

We may supplement the information that you provide to us with information that is received from third parties.

Security

We take seriously the security for all personal and non-personal information associated with our visitors and participants by using secure communications for all such data. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and Back Bone Records you, will be free from unauthorized access by third parties and we therefore exempt Back Bone Rec from any obligation, liability, loss/es or any Harm experienced by you due to the open communication nature of the Internet.

Choice/Opt-Out

Recipients of Back Bone Record’s E-mail newsletters may unsubscribe at any time using the Mailing List page. Back Bone Rec may be required by law to contact Members in certain cases regardless of their contact preferences; for example, we are required to notify all Members of updates to our Privacy Policy.

Your Acceptance of this Policy

By visiting this Site or receiving Services, you signify your assent to our then-current Privacy Policy. If you do not agree to this policy, please do not use our Site or Services. We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. Your continued use of our Site following the posting of changes to these terms means