The
original records required from the primary producer of said video
and visual media and pursuant to 18 U.S.C. Section 2257 and 28
C.F.R. 75 for all materials contained in the website are kept
by the following Custodian of Records:


Access
to the Site
To
access this Site and/or some of the resources it has to offer,
you may be asked to provide certain registration details or other
information. It is a condition of your use of this Site
that all the information you provide on the Site will be correct,
current, truthful, accurate and complete. If the Owner believes
the information you have provided is not correct, current, truthful,
accurate and/or complete, the Owner has the right to refuse you
access to the Site and/or any of its resources and to terminate
or suspend your access at any time.
Restrictions
on Use
You
may ONLY use the Site for purposes expressly permitted by the
Site. You may not use the Site for any other purpose, including
any commercial purpose, without the Owner’s express prior
written consent. For example, you may not (and may not authorize
any other party to) (i) co‑brand the Site, and/or (ii)
frame the Site, and/or (iii) hyper-link to the Site, without the
express prior written permission of the Owner or its designated
authorized representative. For purposes of these Terms of
Use, “co‑branding” means, but is not limited
to, display a name, logo, trademark, or other means of attribution
or identification of any party in such a manner as is reasonably
likely to give a user the impression that such other party has
the right to display, publish, or distribute the Site or content
accessible within the Site. You agree to cooperate with
the Owner in causing any unauthorized co-branding, framing or
hyper-linking immediately to cease.
Proprietary
Information
The
material and content accessible from the Site, and any other World
Wide Web site owned, operated, licensed, or controlled by the
Owner (the “Content”) is the proprietary information
of the Owner or the party that provided the Content to the Owner
and the Owner or the party that provided the Content to the Owner
retains all right, title, and interest in the Content. Accordingly,
the Content shall not be copied, distributed, republished, uploaded,
posted, and/or transmitted in any manner whatsoever, without the
express prior written consent of the Owner, except that you may
print out a copy of the Content solely for your personal use.
In doing so, you may not remove and/or alter, or cause to be removed
and/or altered, any copyright, trademark, trade name, service
mark or any other proprietary notice or legend appearing on any
of the Content. Modification or use of the Content except
as expressly provided in these Terms of Use violates the Owner’s
intellectual property rights. Neither title nor intellectual
property rights are transferred to you by access to the Site.
Hyper-Links
The
Site may be hyper-linked to other sites which are not maintained
by, or related to, the Owner. Hyper-links to such sites
are provided as a service to users and are not sponsored by or
affiliated with the Site or the Owner. Further, the inclusion
of any hyper-link to a third-party site does not necessarily imply
endorsement by the Owner of that site.
Submissions
You
hereby grant to the Owner the royalty-free, perpetual, irrevocable,
worldwide, non‑exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform and display all content, remarks, suggestions,
ideas, graphics, or other information communicated to the Owner
through the Site (together, the “Submission”), and
to incorporate any Submission in other works in any form, media,
or technology now known or later developed. The Owner will
not be required to treat any Submission as confidential and may
use any Submission in its business (including without limitation,
for products or advertising) without incurring any liability for
royalties or any other consideration of any kind, and will not
incur any liability as a result of any similarities that may appear
in future Owner operations.
The
Owner is free from any and/or all legal obligation under 18 U.S.C.
§2257 for Submissions placed directly on the Site and shall
not be responsible for 18 U.S.C. §2257 compliance unless the
Submission comes with all records required under 18 U.S.C. §2257.
The
Owner will treat any personal information that you submit through
the Site in accordance with its Privacy Policy.
Privacy
Policy
The
Privacy Policy for the Site, incorporated herein by this reference,
also governs your use of the Site. By accessing the Site,
you are indicating your acknowledgment and acceptance of the Privacy
Policy. The Privacy Policy is subject to change by the Owner
at any time in its sole discretion. Your use of the Site
after such changes are implemented constitutes your acknowledgment
and acceptance of the changes. Please consult the Privacy
Policy regularly.
Disclaimer
You
understand that the Owner cannot, WILL NOT and does not guarantee
AND/or warrant that files available for downloading from the Internet
will be free of viruses, worms, Trojan horses AND/or other code
that may manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data. The
Owner does not assume any responsibility AND/or risk WHATSOEVER,
IN ANY FORUM, for your use of the Internet.
YOUR
USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED
“AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. THE OWNER DISCLAIMS ALL WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT.
THE OWNER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED
IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY,
RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE OWNER MAY OR MAY
NOT MAKE CHANGES AND/OR IMPROVEMENTS AT ANY TIME. YOU, AND
NOT THE OWNER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING
FROM THE USE OF THE SITE OR ITS CONTENT. THE OWNER MAKES
NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE
RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ERRORS OR OMISSIONS OR INFRINGEMENTS IN SUCH CONTENT. THE
OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
CONTENT’S APPROPRIATENESS OR AUTHORIZATION FOR USE IN ALL
COUNTRIES, STATES, PROVINCES, COUNTY, LOCALITIES OR ANY OTHER
JURISDICTIONS. IF YOU CHOOSE TO ACCESS THE SITE, YOU DO
SO ON YOUR OWN INITIATIVE AND RISK AND ARE SOLELY, TOTALLY AND
COMPLETELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Limitation
on Liability
THE
OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OFFICIALS. CONTRACTORS
AND DIRECTORS WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT
NOT LIMITED TO, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY, INCLUDING, BUT NOT LIMITED
TO, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS,
OR SIMILAR DAMAGES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE
LIABILITY OF THE OWNER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS
AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF
$100 OR THE AMOUNT YOU HAVE PAID TO THE OWNER FOR THE APPLICABLE
CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You
will indemnify, DEFEND and hold the Owner, its subsidiaries, affiliates,
licensors, content providers, service providers, employees, agents,
officers, OFFICIALS, directors, and contractors (the “Indemnified
Parties”) harmless from any AND ALL breachES of these Terms
of Use by you, including any use of Content other than as expressly
authorized in these Terms of Use. You agree that the Indemnified
Parties will have no liability in connection with any such breach
or unauthorized use, and you agree to indemnify any and all resulting
loss, damages, judgments, awards, costs, expenses and attorneys’
fees of the Indemnified Parties in connection therewith.
You will also indemnify and hold the Indemnified Parties harmless
from and against any claims brought by third parties arising out
of your use of the information accessed from the Site.
Trademarks
Trademarks,
service marks and/OR logos appearing ON OR in the Site are the
property of the Owner or the party that provided the trademarks,
service marks and/OR logos to the Owner. The Owner and any
party that provided trademarks, service marks and/OR logos to
the Owner retain all rights AND PRIVILEGES with respect to any
of their respective trademarks, service marks, and logos appearing
in the Site.
Information
You Provide
You
may not post, send, submit, publish or transmit, in connection
with the Site, any material that:
· You
do not have the right to post, including proprietary material
of any third party;
· Advocates
illegal activity and/or discusses an intent to commit an illegal
act;
· Is
vulgar, obscene, pornographic, or indecent;
· Does
not pertain directly to the site;
· Threatens
or abuses others, libels, defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive, harassing, threatening
or offensive;
· Seeks
to exploit or harm children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise;
· Infringes
any intellectual property or other right of any entity or person,
including violating anyone’s copyrights or trademarks or
their rights of publicity;
· Violates
any law or may be considered to violate any law;
· Impersonates
or misrepresents your connection to any other entity or person
or otherwise manipulates headers or identifiers to disguise the
origin of the content;
· Advertises
any commercial endeavor (e.g., offering for sale products or services)
or otherwise engages in any commercial activity (e.g., conducting
raffles or contests, displaying sponsorship banners, and/or soliciting
goods or services), except as may be specifically authorized on
the site;
· Solicits
funds, advertisers or sponsors;
·
Includes programs which contain viruses, worms
and/or trojan horses or any other computer code, files or programs
designed to interrupt, destroy and/or limit the functionality
of any computer software or hardware or telecommunications;
·
Disrupts the normal flow of dialogue, causes a
screen to scroll faster than other users are able to type, or
otherwise acts in a way which affects the ability of other people
to engage in real time activities via the site;
·
Includes mp3 format files;
·
Amounts to a ‘pyramid’ or similar scheme;
·
Disobeys any policy or regulations established
from time to time regarding use of the site or any networks connected
to the site; or,
·
Contains
hyper-links to other sites that contain content that falls within
the descriptions set forth above.
The
Owner reserves the right to monitor use of the Site to determine
compliance with these Terms of Use, as well the right to remove
or refuse any information for any reason. Notwithstanding
these rights, you remain solely responsible for the content of
your submissions. You acknowledge and agree that neither
the Owner nor any third party that provides Content to the Owner
will assume or have any liability for any action or inaction by
the Owner or such third party with respect to any submission.
Security
Any
passwords used for the Site are for individual use only. You will
be completely and totally responsible for the security of your
password. The Owner will be entitled to monitor your password
and, at its discretion, require you to change it. If you
use a password that the Owner considers insecure, the Owner will
be entitled to require the password to be changed and/or terminate
your account.
You
are prohibited from using any services or facilities provided
in connection with the Site to compromise security and/or tamper
with system resources and/or accounts. The use or distribution
of tools designed for compromising security (e.g., password guessing
programs, cracking tools or network probing tools) is strictly
prohibited. If you become involved in any violation of system
security, the Owner reserves the right to release your details
to system administrators at other sites in order to assist them
in resolving security incidents. The Owner reserves the
right to investigate suspected violations of these Terms of Use.
The
Owner reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing the Owner to
disclose the identity of anyone posting any e-mail messages, or
publishing or otherwise making available any materials that are
believed to violate these Terms of Use. BY ACCEPTING
THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS THE OWNER, ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, OFFICIALS, CONTRACTORS AND DIRECTORS FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE OWNER DURING OR
AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN
AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE OWNER OR LAW
ENFORCEMENT AUTHORITIES.
Credit
Card Usage
The
Site permits you to use a credit card to place an order to purchase
materials and products for a fee. By placing an order on
the Site, you agree to pay the Owner all amounts accrued in your
account, including, but not limited to sales, tax and shipping
and handling charges, when due. Your ability to purchase
materials and products is subject to limits established by the
Owner and/or your credit card issuer. The Owner shall bill
your credit card at the time material is ordered. The Owner
reserves the right, in its sole discretion, and without prior
notice, to decline service to or terminate your Site account without
notice. The Owner also reserves the right, in its sole discretion,
and without prior notice, to limit the order quantity on any material
or product and/or to refuse service to any customer.
Termination
of Service
The
Owner may alter, change, suspend or discontinue any aspect of
the Site at any time, including the availability of any Site feature,
database or content. The Owner may also impose limits on
certain features and services or restrict your access to parts
or the entire Site without notice or liability at any time in
the Owner's exclusive discretion, without prejudice to any legal
or equitable remedies available to the Owner, for any reason or
purpose, including, but not limited to, conduct that the Owner
believes violates these Terms of Use or other policies or guidelines
posted on the Site or conduct which the Owner believes is harmful
to other customers, to the Owner's business, or to other information
providers. Upon any termination of this agreement, you will
immediately discontinue your use and access of the Site and destroy
all materials obtained from it.
Waiver
The
Owner’s failure to enforce strict performance of any provision
of these Terms of Use will not constitute a waiver of the Owner’s
right to subsequently enforce such a provision or any other provision
of these Terms of Use nor will any delay or omission on the part
of the Owner to exercise or take advantage of any right or remedy
that the Owner has or may have hereunder operate as a waiver of
any right or remedy.
Acts
of God
The
Owner shall be excused from its obligations for any period to
the extent that the Owner is prevented from performing, in whole
or in part, its obligations under these Terms of Use, as a result
of any acts of God, any action(s), regulation(s), order(s) or
request(s) by any governmental or quasi-governmental entity (whether
or not the action(s), regulations(s), order(s), or request(s)
prove(s) to be invalid), Internet failure, equipment failure,
earthquake, war, fire, flood, explosion, unusually severe weather,
hurricane, embargo, labor dispute or strike (whether legal or
illegal) labor or material shortage, transportation interruption
of any kind, work slow-down, civil disturbance, insurrection,
riot, foreign or domestic court order, third party non-performance
(including the acts or omissions of any suppliers, agents, or
subcontractors) or any other cause beyond the Owner’s reasonable
control affecting production or delivery in any manner, including
failure or fluctuations in electrical power, heat, light, air
conditioning or telecommunications equipment or lines or other
equipment, whether electronic or otherwise.
Notices
Notices
by site owner to customers shall be given by means of electronic
messages or by a general posting on the site. Notices by
customers to site owner shall be given by electronic messages
unless otherwise specified in the agreement. All questions, complaints,
or notices to site owner by means of electronic message must be
sent to PROVIDE E-MAIL ADDRESS. This will be the only acceptable
form of communications.
Miscellaneous
These
Terms of Use will be governed and interpreted pursuant to the
laws of the State of California, United States of America, notwithstanding
any principles of conflicts of law. You specifically consent
to personal jurisdiction in the State of California in
connection with any dispute between you and the Owner arising
out of these Terms of Use or pertaining to the subject matter
hereof. The parties to these Terms of Use each agree that
the exclusive venue for any dispute between the parties arising
out of these Terms of Use or pertaining to the subject matter
of these Terms of Use will be in the state and federal courts
in California. If any part of these Terms of Use is unlawful,
void or unenforceable, that part will be deemed severable and
will not affect the validity and enforceability of any remaining
provisions. These Terms of Use constitute the entire agreement
among the parties relating to this subject matter. Notwithstanding
the foregoing, any additional terms and conditions on the Site
will govern the items to which they pertain. The Owner may
revise these Terms of Use at any time by updating this posting.
Last
updated: September 5, 2006