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TERMS OF USE
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEBSITE,
YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with
any of the terms that follow or do not agree to be bound by all such terms,
do not use this website.
This website is operated by: (1) Mimic Films
(collectively, "Company" or "we", "us", or "our"), which are all part of the
entertainment operations. Your use of this website (the
"Website") is subject to the following terms and conditions of use (the
"Terms"). These Terms apply to all of the websites operated by Company
(unless a different Terms of Use policy is provided on a particular site, in
which case such different policy shall control). You agree to these Terms by
accessing this Website and/or by accepting any information from this
Website. We reserve the right in our sole discretion to modify, alter or
otherwise change these Terms and you agree to be bound by such
modifications, alterations or changes. We will post changes here, so check
back periodically. Your continued use of this Website after the posting of
any change in the Terms shall constitute your acceptance to be bound by any
such changes. Please also review the Website's Privacy Policy.The information and features included in this Website have been compiled
from a variety of sources, are for informational and entertainment purposes
only and are subject to change at any time without notice. By accessing or
linking to this Website, you assume the risk that the information on this
Website may be incomplete, inaccurate, out of date, or may not meet your
needs and requirements.
Ownership of Content
This Website and all of the content it contains, or may in the future
contain, such as articles, opinions, other text, directories, guides,
photographs, illustrations, images, video and audio clips and advertising
copy, as well as the trademarks, logos, domain names, trade names, service
marks and any and all copyrightable material (including source and object
code) and/or any other form of intellectual property (collectively, the
"Material") are owned by or licensed to Company or other authorized third
parties and are protected from unauthorized use, copying and dissemination
by copyright, trademark, publicity and other laws and by international
treaties. Nothing contained in these Terms or on the Website should be
construed as granting, by implication, estoppel or otherwise, any license or
right to use any Material in any manner without the prior written consent of
Company or such third party that may own the Material or intellectual
property displayed on the Website. UNAUTHORIZED USE, COPYING, REPRODUCTION,
MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING,
POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY
OF THE MATERIAL IS STRICTLY PROHIBITED. You agree not to use the Material
for any unlawful purposes and not to violate Company's rights or the rights
of others. You are advised that Company will aggressively orce its rights to
the fullest extent of the law. Company may add, change, discontinue, remove
or suspend any of the Material at any time, without notice and without
liability.
Restrictions on Use
You agree not to do any of the following while using the Website, including
any User Forum:
1. harass, stalk or otherwise abuse another user;
2. transmit, post, send, upload, distribute, submit or otherwise make
available any content that is false, harmful, threatening, abusive, tortious,
defamatory, libelous, disparaging (including disparaging of Company),
vulgar, obscene, pornographic or that promotes violence, racial hatred,
terrorism or illegal acts, or is otherwise objectionable (as determined by
Company in its sole discretion);
3. transmit, post, send, upload, distribute, submit or otherwise make
available any content that is unlawful or infringes, violates or
misappropriates any patent, trademark, trade identity right, trade secret,
publicity right, privacy right, copyright or any other intellectual property
or any other rights of any third party ;
4. transmit, post, send, upload, distribute, submit or otherwise make
available any viruses, Trojan horses or other harmful, disruptive or
destructive files or material that interferes with any third party's
uninterrupted use and enjoyment of the Website;
5. impersonate any person or entity, or otherwise disguise the origin of any
content transmitted through the Website or to Company, including forging any
TCP/IP packet header or any part of the header information in any
transmission to the Website for any reason;
6. transmit, post, send, upload, distribute, submit or otherwise make
available through the Website any personal advertising, junk mail, spam,
chain letters, pyramid schemes or offer for sale of any products or
services, except in areas, if any, specifically designated for such
purposes; or
7. violate any applicable local, state, federal or international law, rule
or regulation.
Disclaimers/Limitations on Liability
YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL
PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL
FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR
THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR
USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER
RIGHTS WHICH VARY BY JURISDICTION.
YOU AGREE THAT COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS
AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS
(COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF
ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN
CONNECTION WITH THIS WEBSITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS
OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR
IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR
DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED
INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS,
IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE
TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER
THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF
SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
BY ACCESSING THIS WEBSITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH
RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN
ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND,
AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE
OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES
AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Company makes no representation or warranty whatsoever regarding the
completeness, accuracy, currency or adequacy of any information, facts,
views, opinions, statements or recommendations contained on this Website
and/or the Material. Reference to any product, process, publication or
service of any third party by trade name, domain name, trademark, service
mark, logo, manufacturer or otherwise does not constitute or imply its
endorsement or recommendation by Company. Views and opinions of users of
this Website do not necessarily state or reflect those of Company. Users are
responsible for seeking the advice of professionals, as appropriate,
regarding the information, opinions, advice or content available at this
Website.The Internet may be subject to breaches of security. Company is not
responsible for any resulting damage to any user's computer from any such
security breach, or from any virus, bugs, tampering, unauthorized
intervention, fraud, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer line failure or any other technical
or other malfunction. You should also be aware that email submissions over
the Internet may not be secure, and you should consider this before
e-mailing Company any information. Company makes no representation or
warranty whatsoever regarding the suitability, functionality, availability
or operation of this Website. This Website may be temporarily unavailable
due to maintenance or malfunction of computer equipment.
Indemnification
BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY AND
ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS AND EACH OF
THEIR RESPECTIVE EMPLOYEES, OFFICER AND DIRECTORS HARMLESS FROM AND AGAINST
ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION,
JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF
DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING
OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES,
COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW;
YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS;
INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR
MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY
COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY
OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION
MADE BY YOU; AND/OR COMPANY'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS
FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM. COMPANY
RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND
CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU
SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF
COMPANY.
Copyrights and Copyright Agents
Company respects the intellectual property of others and we ask our users to
do the same. In accordance with the Digital Millennium Copyright Act,
Company has designated a Copyright Agent to receive notice of claims of
copyright infringement on the Website.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please promptly provide Company's Copyright Agent
the following information:
1. An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is
located on the Website;
4. Your address, telephone number and email address;
5. A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent or the law;
6. A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are either the copyright
owner or authorized to act on the copyright owner's behalf.
Linking Policy
If you link to this Website, we require that you follow these guidelines.
You may link only to the home page, and the link must be in plain text,
unless otherwise approved in writing by an authorized representative of
Company. The link to this Website must not damage, dilute or tarnish the
goodwill associated with any Company names and/or intellectual property, nor
may the link create the false appearance that your website and/or
organization is sponsored, endorsed by, affiliated and/or associated with
Company. You may not "frame" this Website or alter its intellectual property
or Material in any other way. You may not link to the Website from a site
that is unlawful, abusive, indecent or obscene, that promotes violence or
illegal acts, that contains expressions of racism, that is libelous,
defamatory, scandalous, or inflammatory or is otherwise deemed
inappropriate, as determined by Company in its sole discretion. Company
reserves the right, in its sole discretion, to terminate a link with any
website for any reason or no reason at all, including without limitation any
website that Company deems to be inappropriate or inconsistent with or
antithetical to this Website and/or these Terms.
Company is not responsible for the content or performance of any portion of
the Internet including other World Wide Websites to which this Website may
be linked or from which this Website may be accessed. Users are requested to
inform Company of any errors or inappropriate material found on Websites to
which this Website is or may be linked. No software from the Website may be downloaded, exported or re-exported: (i)
into (or to a national or resident of) any countries that are subject to
U.S. export restrictions; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nations or the U.S. Commerce
Department's Table of Deny Orders. You represent and warrant that you are
not located in, under the control of, or a national or resident of any such
country on any such list.
Violations and Additional Policies
Company will determine your compliance with these Terms in its sole
discretion and its decision shall be final and binding. Any violation of
these Terms may result in restrictions on your access to all or part of the
Website and may be referred to law enforcement authorities. No waiver of any
of these Terms shall be of any force or effect unless made in writing and
signed by a duly authorized officer of Company. Company reserves the right
to modify or discontinue this Website, or any portion thereof (including
User Forums) without notice to you or any third party. Upon termination of
your membership or access to the Website, or upon demand by Company, you
must destroy all materials obtained from this Website and all related
documentation and all copies and installations thereof. You are advised that
Company will aggressively enforce its rights to the fullest extent of the
law.
If any provision of these Terms is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision will not affect the
validity of the remaining provisions of these Terms, which will remain in
full force and effect. The section titles in these Terms are for your
convenience only and do not have any legal or contractual effect.
Contact Us
If you have any questions, comments or concerns about our Website or these
Terms of Use, you may contact us at info@ mimicfilms.
The effective date of these Terms is January 1, 2008. |