TERMS AND CONDITIONS OF USE PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. By joining the "Dawson's Creek" Pod and using the "Dawsons Creek" instant pagebuilders , you signify your assent to these terms of use. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please read these terms periodically for changes.

Columbia TriStar Interactive ("CTI") hereby grants to you a limited, nonexclusive, nontransferable right to reproduce and use the images, photographs, clips, audio, graphics, text and other materials in digital format ("Materials") provided by CTI through http://homepager.tripod.com/templates/capeside/index.html ("Materials Site") solely for the purpose of building your own personal home page on Tripod subject to the following terms and conditions:

1. You agree to use the Materials in a non-commercial manner solely in connection with your own personal home page on Tripod and for no other purpose. You will not distribute, or assist in the distribution (by any means) of the Materials to any other person or entity. Additionally, you will not edit or alter the Materials from their original form.

2. Your right to use the Materials and the license granted to you to use the Materials will begin as of the date you create your personal home page and will continue until you cease to have a personal home page on Tripod or until terminated by CTI by giving you thirty (30) days prior notice of the date of such termination, whichever is sooner. However, CTI may immediately terminate this Agreement and your right to use the Materials if, in CTIs sole discretion, you breach any term of this Agreement.

3. You agree not to use the Materials on the "Dawson's Creek" Pod in any manner which is or may be defamatory, derogatory, unflattering or negative to CTI, Tripod or any of their affiliated entities, including each of their respective employees, representatives, associates, parent or subsidiary companies, or the television programs or motion pictures created, produced, distributed or promoted by or for Columbia TriStar Television, Inc. and/or its affiliated entities or anyone appearing in such television programs or motion pictures. You will indemnify CTI, Tripod and their agents, employees, representatives, associates, affiliates, parent and subsidiary corporations from any cost or damage arising out of any claim brought based upon your use or misuse of the Materials or a breach by you of any term of this Agreement.

4. CTI (and its parent and/or affiliated entities) will continue to hold all rights in and to the Materials and the television programs and motion pictures to which the Materials relate.

5. CTI is pleased to hear from its customers and welcomes your comments regarding "Dawson's Creek" or other CTI products, including CTI's online services. Unfortunately, however, CTI's long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by CTI's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. If at our request you send certain specific submissions (e.g., sweepstakes or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of CTI. None of the Submissions shall be subject to any obligation of confidence on the part of CTI, and CTI shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, CTI shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

6. "Forum" means a chat area, bulletin board, or e-mail function offered as part of the "Dawson's Creek" Pod or this site. You shall not upload to, distribute through, or otherwise publish through this site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. The Forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other online guests to join or become members of any commercial online service or other organization is expressly prohibited. Guests shall remain solely responsible for the content of their messages. By posting or uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) CTI a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.. You agree to indemnify CTI and Tripod for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading materials to any Forum or submitting any material to us or your failure to comply with these Terms of Use. While CTI does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, CTI and Tripod reserve the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

7. CTI is not necessarily affiliated with Web sites which may be linked from personal home pages in the "Dawson's Creek" Pod and is not responsible for their content. The Linked Sites are for your convenience only and you access them at your own risk.

8. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CTI AND TRIPOD DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CTI AND TRIPOD DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CTI AND TRIPOD DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CTI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CTI OR TRIPOD BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF CTI, TRIPOD OR A CTI OR TRIPOD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CTI'S AND TRIPODS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

10. These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by all parties.