TERMS OF SERVICE
This Web site (the “Site”) is owned and operated by Angeles Media Group Limited or its subsidiary companies within the United Kingdom and United States Of America
For purposes of the TOS, the following defined terms shall have these meanings: (A) “Service(s)” shall mean any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as software or wireless devices; (B) “Site” shall mean this site; (C) “Site Content” shall mean any and all human readable patent audio and/or visual elements of this Site, created or owned by AMG, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, movie trailers or episodic works), designs, logos, information, and other content made available through the Site; (D) “Site Code” means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site; (E) “User Account” means any account created by you, through a registration process for the purpose of accessing or using certain Services.
LICENSE TO USE THE SITE
AMG grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein for your personal use only, by way of one (1) computer connected to the Site over the Internet, provided that you comply fully with these TOS. You may “cache” pages of the Site for the sole purpose of increasing the AMG’s efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these TOS and will constitute a copyright violation. 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, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOS or by law.
TERMS OF SERVICE
CHANGES IN SITE OWNERSHIP
OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY
The Site, Site Content, Site Code, and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to ANGELES MEDIA GROUP (Angeles Media Inc Limited, Angeles Pictures Inc PLC, Angeles Music Llc) and are owned by AMG and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by AMG, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an “Unauthorized Use”). Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of AMG and/or its licensors and content providers and constitutes a violation of these TOS. Any violation of copyright laws may be subject to severe civil and criminal penalties.
From time to time, and at its sole discretion, AMG may make available to users certain Video/software that may be accessible or downloaded from this Site. In the event that you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by AMG or a AMG-approved third party software provider (“Third Party Provider”). AMG does not transfer title to the Software to you. You own the medium on which the Software is recorded, but AMG and/or the Third Party Provider retain full and complete title to their reAMGctive Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Furthermore, your use of any Software of a Third Party Provider shall be subject to the terms and conditions set forth by such Third Party Provider and any applicable license agreement for its Software.
AMG is pleased to hear from its customers and welcomes your comments regarding AMG products and services, including this Site. Unfortunately, however, AMG’s policy does not allow it to accept or consider creative ideas (including stories, character ideas, screenplays, and original artwork, etc.), suggestions, or materials other than those it has specifically requested (see below). While we value your feedback, we request that you be specific in your comments regarding our services and products, and that you not submit any creative ideas, suggestions, or materials. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by AMG or its affiliates’ professional staff might seem to others to be similar to their own creative work.
If, at our request, you send or post certain submissions, or, despite our request that you not send us any creative ideas, suggestions or other materials, you do so (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the exclusive property of AMG. None of the Submissions shall be subject to any obligation of confidence on the part of AMG, and AMG shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, AMG shall exclusively own the copyright and all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe, and AMG shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to those who provide the Submissions. In addition, you warrant that your Submissions do not violate any person’s so-called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world. Applicable law may restrict or limit the foregoing
provisions of this paragraph. If so, without limitation of the foregoing, you agree that, in no event, shall AMGs total liability exceed $1,000.00.
You agree to indemnify AMG/AMG Subsidiary companies for any and all claims, damages, losses, and causes of action arising as a result of your Submissions or your
failure to comply with the TOS. AMG does not and cannot review all Submissions and not responsible for the content or substance of these Submissions. However, AMG
reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person’s rights of privacy or publicity, or otherwise unacceptable.
REGISTRATION AND ACCEPTANCE OF TERMS
In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your “Registration Information”) in order to create your User Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at AMG’s sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services.
As part of your User Account, you will be responsible for creating, and maintaining the confidentiality of, your user name and password. We ask that you select a user name other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your User Account information, as sharing your password with others may lead to unauthorized access to your User Account and the information therein. You agree that you will (i) immediately notify AMG of any unauthorized use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. AMG shall have no liability for any loss or damage arising from your use of a User Account, the Site or
any Service, or your failure to comply with these requirements.
USE OF THE SERVICES GUIDE LINES
You are entirely responsible and liable for all activities conducted by you, and/or any other user of your User Account and of the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material (“Posted Content”) to any portion of the Services. Listed below are some, though not all, violations that may result in AMG terminating or suspending your User Account and/or access to AMG Services. You agree not to do any of the following actions while using any AMG Service:-
Harass, threaten, embarrass or cause distress or discomfort upon another Service participant, user, or other individual or entity; Transmit, in connection with any Service, any Posted Content that AMG, in its sole discretion, considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable; Cause any chat room screen in any chat room to “scroll” faster than other users are able to type to it or any action of a similar disruptive effect; Impersonate in any Service, any person, including but not limited to, a AMG official or representative, chat or message board leader, guide or host; Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants; Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services; Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services; Invade the privacy or violate any personal or proprietary right of any person or entity; or Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity. You understand that any content that you upload and/or post on the Site or any Service shall constitute a Submission for all purposes of these TOS.
AMG sites may contain links to or AMG Companies sites and advertisements about, non- AMG Web sites. Other sites may also reference, advertise, or link to AMG sites. AMG does not endorse or sponsor other Web sites and is not responsible for the content of such sites. AMG expressly disclaims any statements or assertions made on non-AMG Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.
The Site is controlled and operated by AMG from its offices within the United Kingdom and the State of Delaware, United States of America and Use of this Site constitutes your consent and submission to service of process under applicable Delaware law and to personal jurisdiction in a court of competent jurisdiction in the State of Delaware for the purposes of any legal action or claim pertaining to these Terms of Service, or arising from the use of your User Account and/or any AMG Site or Service.
You understand and agree that AMG may, in its sole discretion and at any time, terminate your password, User Account, or use of any Services, and discard and remove any and all Submissions submitted or posted by you to any AMG Site or Service, for any reason. AMG may also, in its sole discretion and at any time, discontinue any Sites or Services or limit or restrict any user access thereto, for any reason. You understand and agree that
AMG may take any one or more of these actions without any notice to you, prior or otherwise. Should AMG take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your User Account, including your Registration Information and Submissions. You understand and agree that AMG shall not have any liability to you or any other person for any termination of your access to any Services and/or the removal of information concerning your User Account.
THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AMG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. AMG DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE, SERVICES OR SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. AMG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE, THE SERVICES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AMG) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AMG BE LIABLE FOR ANY INDIRECT, AMGCIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, SITE CODE OR THE SOFTWARE, EVEN IF AMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE AMG TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, AMG SHALL NOT BE LIABLE FOR ANY INDIRECT, AMGCIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AMG’S 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 TO AMG, IF ANY, FOR ACCESSING THIS SITE.
GOVERNING LAW; ARBITRATION
These Terms of Service shall be construed and enforced in accordance with the laws of the State of Delaware & the United Kingdom at the sole discretion of AMG without regard to the choice of law principles thereof. You agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a single neutral arbitrator (“Arbitrator”). The Arbitrator shall be an attorney or retired judge with at least ten (10) years experience in the software industry and shall be mutually agreed upon by you and AMG (collectively, “the parties”). If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH REAMGCT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
If any provision of the TOS shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, rules and regulations in connection with your activities under this TOS, including without limitation the applicable regulations of the U.S. Department of Commerce and the United Kingdom.
Effective Date: 1st June 2009