Effective May 15, 2012
Eligibility and User Protection of Log-In Information
Use of the Site is limited to users 18 years of age and older. Any registration information you submit to create an account must be accurate, complete and kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the username, email address or password of another user at any time. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your account or password.
This Agreement shall remain in full force and effect while you use the Site. We may terminate your use of the Site at any time without warning. This Agreement will remain in effect after your subscription or termination has been terminated.
The Site contains information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, "Content") of Company ("Company Content"). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Company, Company owns and retains all rights in the Company Content. Company hereby grants you a limited, revocable, non-sub licensable license to access and display the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Site. The Site may also contain Content of users and other Company licensors. Except as provided in this Agreement, by prior written consent of Company, or as explicitly permitted on the Site, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Site. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting Company in writing the Site Administrator at firstname.lastname@example.org.
Further, except as explicitly and expressly permitted by Company, you are strictly prohibited from creating works or materials that derive from or are based on the Company Content. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Company Content or any digital rights management mechanism, device, or other content protection or access control measure associated with Company Content including geo-filtering mechanisms.
Use of the Site
The Site is offered for your personal use only and may not be used for commercial purposes. Company reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Site (collectively, "User Content"). You understand that Company does not control the User Content posted by users on the Site and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. Company assumes no responsibility or liability for this type of Content. If you become aware of misuse of the Site, please report this immediately to the Company at email@example.com. Company assumes no responsibility for monitoring the Site for inappropriate Content or conduct. If at any time, Site chooses in its sole discretion to monitor the Site, Company nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any user.
You agree NOT to use the Site to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another's privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Site, including Company's servers, networks or accounts;
- Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Site, or to circumvent or modify any security technology or software that is part of the Site;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Site. If you do so, you acknowledge you will have caused substantial harm to Company, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Company $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person's consent;
- Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without Company's prior written consent;
- Use the Site to advertise or promote competing services;
- Use the Site in a manner inconsistent with Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing; and
- Disclose personally identifiable information, such as your full name, email, address, telephone number or street address.
- Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Company in its sole discretion. You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Company may access, preserve or disclose information you provide, including User Content, when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Company, our parents, subsidiaries or affiliates ("Affiliated Companies"), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the Site or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with Applicable Law or the legal process.
Your Proprietary Rights
Company does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the Site; provided, however, that User Content shall not include any Content posted by a user that is already owned by Company or any Affiliated Company. By posting any User Content on, through or in connection with the Site, you hereby grant to Company and our Affiliated Companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sub licensable, irrevocable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the Site or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. Company's use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. Company reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Site.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Site, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the Site and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the Site or Third Party Services.
Company does not knowingly accept, via the Site or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Company's policy is to simply delete any such submission without reading it (or forwarding it). Therefore, any similarity between an unsolicited submission and any elements in any Company creative work (or affiliated company's creative work) including, without limitation, a film, series, story, title or concept would be purely coincidental.
If unsolicited submissions are sent to Company via the Site, however, these submissions become the property of Company and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Company, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Copyrights and Other Intellectual Property
Company respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other propriety rights of any person or entity. Company has a policy of terminating repeat infringers' access to the Site in appropriate circumstances.
If you believe that any material contained in the Site infringes your copyright, please email or fax a notification of claimed infringement to Company's Designated Copyright Agent:
Fax: (310) 883-7001
Address: 1411 5th Street Suite 300, Santa Monica, CA 90401
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)) and §512(d):
- 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;
- 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 the service provider to locate the material (or in the case of references or links that are claimed to have infringing material or activity, identification of the reference or link, to material or activity claiming to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link);
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement by you that you have 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;
- A statement by you that the above information in your notification is accurate, and statement by you made under penalty of perjury, that you are the owner of an exclusive right this is allegedly infringed or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please be advised emails sent to firstname.lastname@example.org without the appropriate subject line or for purposes other than communication about copyright claims may not be acknowledged or responded to.
Third Party Links, Services and Advertising
If you are interested in creating hypertext links to the Site, you must contact Company at email@example.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or Company, including its respective employees, agents, directors, officers and/or shareholders.
Company takes no responsibility for third party advertisements which are posted on the Site, nor does it take any responsibility for the goods or services provided by its advertisers.
Company Newsletters; Email Alerts
Company may deliver newsletters and email alerts to the users of the Site on a variety of programming and programming. If you would like to subscribe to any of the newsletters Company offers, you may do so by clicking on the "Newsletter" link when it appears near the bottom of all Site pages. If you would like to change the e-mail address to which your Company newsletters are delivered, please click on the "unsubscribe" link on the bottom of any Company newsletter that you receive and then click the "General Information" link on the Member's Center page. If you would like to unsubscribe from any Company newsletter or email alert, you may do so in any of the following ways: (i) by clicking on the "unsubscribe" link at the bottom of any Company newsletter or email alert that you have signed up to receive; or (ii) by sending your request in writing to the following address: Kinetic Content, LLC Attn: 1411 5th Street, Santa Monica, CA 90401
Sweepstakes and/or Contests
The Site is provided "AS-IS" and "as available" and Company does not guarantee or promise any specific results from use of the Site. Company expressly disclaims any warranties and conditions 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. In particular, Company makes no warranty that your use of the Site will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Site will be accurate or reliable. Under no circumstances will Company be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Site, problems or technical malfunction in connection with use of the Site, attendance at a Company event, any material downloaded or otherwise obtained in connection with the Site, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Site. Your use of User Content, third party advertisements, and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of Company.
Limitation of Liability
IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SITE DURING THE TERM OF YOUR USE OF THE SITE.
You agree to defend, indemnify and hold harmless Company, its parents, affiliates and related companies together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of the Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
Company reserves the right to immediately terminate your use of, or access to, the Site at any time for any or no reason, with our without prior notice or explanation, and without liability. Furthermore, even after your user account or access to a section of the Site is terminated, this Agreement will remain in effect.
U.S. Export Controls
Software available in connection with the Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
This Agreement is 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 to submit to the exclusive jurisdiction of the courts of the State of California or, if appropriate, the United States District Court for the Central District of California for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.