Terms of Use
Tuesday, 08 December 2009 10:09
administrator
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
This web site (the "Site") is owned by LEGEND STUDIO. The Site, any software used to operate the Site, the Downloads (as defined below), user-created content, advertising, communications from the Site and any and all other content, products, services, features and information that LEGEND STUDIO offers to users on the Site may be referred to herein collectively as the "Service" (and any reference to the Service herein shall be understood to mean the Service as a whole or any portion thereof). LEGEND STUDIO provides the Service subject to your compliance with the terms and conditions set forth in this Terms of Use (the "Agreement"). This Agreement is made between LEGEND STUDIO and you, as a Site visitor and/or member ("you"). In addition, when using particular services or features of the Service, you shall be subject to any additional guidelines or rules applicable to such services or features that may be posted from time to time (including terms and conditions related to any purchase you may make on the Site and your use of any message boards, chat rooms, blogs or similar forums that may be available on the Site). To the extent there is a conflict between this Agreement and the terms of any additional guidelines or rules, the additional guidelines or rules will control, unless the additional guidelines or rules expressly state that this Agreement will control. In cases where there are no additional guidelines or rules, this Agreement will control.
By using the Service, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, please do not use the Service. We reserve the right at any time to change the terms of this Agreement. Any changes we make will be effective immediately on notice, which we may give either by posting the new Agreement on the Site or via electronic mail. Your use of the Service after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure your familiarity with the most current version. Please also review our Privacy Policy.
LEGEND STUDIO is an equal opportunity employer. LEGEND STUDIO recruits, employs, trains, compensates and promotes without regard to race, colour, religion, sex, national origin, disability, age, veteran status and other protected status in accordance with applicable law.
YOU AGREE THAT
While using the Site, the Services, and/or Downloads (as defined below), you agree not to:
A. Post, transmit, or otherwise make available anything that is or may be: (i) threatening, abusive, harassing, degrading, hateful, or intimidating; (ii) defamatory or libelous; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic, profane, sexually explicit or otherwise objectionable, in LEGEND STUDIO's sole discretion; (v) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express permission of the owner of such right; or (vi) in violation of any rights of any person or entity.
B. Violate any law or regulation; use the Service for any illegal purpose or to conduct any illegal activity; or post, transmit, or otherwise make available any material: (i) which is illegal or would give rise to criminal or civil liability; (ii) which encourages conduct that constitutes a criminal offense; or (iii) which encourages or provides instructional information about illegal activities, including hacking, cracking, or phreaking.
C. Post, transmit, or otherwise make available any material, non-public information about a company without the proper authorization to do so.
D. Harvest or collect personally identifiable information about users of the Service or "stalk" or otherwise harass other persons.
E. Impersonate any person or entity, including LEGEND STUDIO, its parent, subsidiary and other affiliated companies and their respective officers, directors, employees, agents, suppliers and other representatives (collectively "LEGEND STUDIO Parties"); falsely state or otherwise misrepresent your affiliation with any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials transmitted through the Service; or expressly state or imply that we endorse any statement you make.
F. Post, transmit, or otherwise make available any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage, hijack or otherwise interfere with the operation of the Service or any hardware, software, or telecommunications equipment.
G. Interfere with or disrupt the Service, or the servers or networks that provide the Service; or disobey any requirements, procedures, policies, or regulations of such servers or networks.
H. Restrict or inhibit any other user from using the Service, including, without limitation, by means of hacking or defacing any portion of the Service.
I. Post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunities, or any other form of solicitation.
J. Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes: (i) any portion of the Service; (ii) use of the Service; or (iii) access to the Service (as further set forth in Section 5 below).
K. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service.
L. Remove any copyright, trademark, or other proprietary rights notice contained on the Service.
M. Frame or mirror any part of the Service without the prior written authorization of a duly authorized LEGEND STUDIO employee.
N. Create a database by systematically downloading and storing all or any of the content on or delivered through the Service.
O. Except for search engines presenting links to users searching for LEGEND STUDIO and related entertainment content, use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, unless otherwise permitted by LEGEND STUDIO.
P. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
Any more specific restrictions that follow any more general restrictions in the foregoing list are without limitation to such more general restrictions. While using the Service, you agree to comply with all applicable laws, rules and regulations.
SUBMISSION
You understand that users of the Service and other individuals or entities other than LEGEND STUDIO may upload, post, email, transmit or otherwise make available to us or other users of the Service various information, content and other materials, including, without limitation, text, notes, "fanfiction," artwork, drawings, graphics, photos, music, software, story or character ideas, screenplays, songs, original artwork, creative suggestions, notes, drawings, ideas, concepts, know-how, suggestions or techniques contained or embodied therein (collectively, "Submissions").
A. Responsibility for Submissions. You understand that all information and other Submissions available through the Service, whether publicly posted or privately transmitted, are the sole responsibility of the person or entity from which such Submissions originated. This means that you, and not LEGEND STUDIO, are entirely responsible for all Submissions that you make available via the Service. LEGEND STUDIO does not control the Submissions made available via the Service and therefore does not guarantee the accuracy, integrity or quality of such Submissions. If you include personally identifiable information in your Submissions that appear on publicly available areas of the Service, then you may receive unsolicited messages from third parties. LEGEND STUDIO cannot ensure the security of any information you post on publicly available areas of the Service. You understand that by using the Service, you may be exposed to content or other Submissions that are offensive or objectionable. We have no obligation to monitor the Service or any Submissions that you make available via the Service. However, you acknowledge and agree that we have the right to: (a) monitor the Service from time to time and the Submissions you make available on or through the Service; and (b) delete, edit, move, or disable any such Submissions. Under no circumstances will we be liable in any way for any of your Submissions including, but not limited to, any errors or omissions in your Submissions, or for any loss or damage of any kind incurred as a result of your Submissions.
B. License to LEGEND STUDIO. Please do not send unsolicited Submissions to the Service, LEGEND , or the LEGEND STUDIO Parties. However, please be aware that in the event that you send to us, or post or otherwise make available any Submissions anywhere on the Site or otherwise through the Service, you grant us a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable license in, without limitation: (i) all right, title and interest to your Submissions; and (ii) all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author's rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in your Submissions. You further agree that Company will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, sub-license, post, translate, reproduce, distribute (through multiple tiers), publish, transmit, broadcast, display, disclose, modify, adapt, create derivative works based upon, perform (whether publicly, digitally or otherwise), develop, manufacture, distribute and use for advertising, marketing, publicity and promotional purposes, any of your Submissions or portions of your Submissions, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products. Our use of Submissions (if any) shall be free of any obligation of compensation, attribution, confidentiality or other obligation to you or any provider of such Submissions, and no LEGEND STUDIO Party shall be liable for any use or disclosure of such Submissions. You hereby waive any moral rights you may have in and to any of your Submissions, even if the Submission is altered or changed in a manner not agreeable to you. You agree and understand that the LEGEND STUDIO Parties are not obligated to post or use your Submissions submitted through the Service or otherwise, and may alternatively choose to discard your Submissions without any liability whatsoever. By submitting any content to LEGEND STUDIO through the Service or otherwise, you represent that those Submissions are original with you or that you have the necessary rights to submit the Submissions and grant the rights granted to LEGEND STUDIO herein; that the Submissions are not defamatory; and that your Submissions do not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights.
OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS.
The Service is owned and operated by LEGEND STUDIO in conjunction with our affiliates, licensors, licensees, partners, and others pursuant to contractual arrangements. You may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use materials from the Service in any way, without the prior written permission of a duly authorized LEGEND STUDIO employee, except you may download one copy of such material on any single computer for your personal, non-commercial home use only, provided you keep intact, without change, all intellectual property and other proprietary notices. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Service. Copying, archiving storing, modifying or otherwise using the materials for any purpose not permitted by this Agreement is a violation of our (or our licensors') intellectual property and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Service. Unauthorized use of content on the Service may be a violation of federal and state laws (including federal and state laws relating to copyright infringement, trademark infringement, trademark dilution, unfair competition and cybersquatting), which may result in civil and criminal liability. LEGEND STUDIO will enforce its intellectual property rights to the fullest extent of the law.
A. Marks. The LEGEND STUDIO Logo, LEGEND STUDIO, LEGEND STUDIO Studios LEGEND STUDIO.org and all associated logos and domain names are trademarks, logos, service marks, and/or domain names of LEGEND STUDIO ("LEGEND STUDIO Marks"). Other trademarks, service marks, logos, and/or domain names used on the Service (including the individual names of movies, television programs, or other entertainment shows and providers and the domain names associated therewith) are either the property of the LEGEND STUDIO Parties (in which case they shall be included in the LEGEND STUDIO Marks) or of third parties ("Third Party Marks"). You agree that you will not challenge the respective ownership rights of LEGEND STUDIO or any third party in or to the LEGEND STUDIO Marks or the Third Party Marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of the LEGEND STUDIO Marks or Third Party Marks. You may not copy, imitate or otherwise use any LEGEND STUDIO Mark or any Third Party Mark, in whole or in part, without the prior written permission of the owner of such Mark.
B. Downloads.In some instances, this Agreement and separate end user license agreements or terms of use that set forth additional conditions may apply to any software or files you download from the Service (including, without limitation, any audio files, video files, data files, and any files transmitted to you as part of the LEGEND STUDIO newsletter or similar Services, images incorporated in or generated by the software, and data accompanying the software) (collectively, the "Downloads"). To the extent there is a conflict between this Agreement and the terms of any applicable end user license or similar agreement, the end user license or similar agreement will control, unless the end user license or similar agreement expressly state that this Agreement will control. In cases where there are no additional terms or conditions stated for any Downloads, this Agreement will control. If you download any Downloads from the Service, you are granted a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license in such Downloads by us or the owner of the Downloads. Title to the Downloads is not transferred to you. You may own the medium on which the Downloads are recorded, but we or the owner of such Downloads retain all right, title, and interest in and to the Downloads, and all intellectual property rights therein. You may not resell, decompile, reverse engineer, disassemble or otherwise reduce the Downloads to a human-perceivable form, or transfer the Downloads to any third party. Any Downloads are done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from such Downloads.
C. Copyright Notice. If you believe that any Submissions or any other materials on the Service have been copied in a way that constitutes copyright
infringement, please forward the following information to the Copyright Agent named below:
1. Your name, address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. The exact URL or a description of where the alleged infringing material is located;
4. 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;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. LEGEND STUDIO's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: by email to
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(with subject "Copyright Complaints"); or by postal mail to LEGEND STUDIO,10314 Brimhall Ave, Bakersfield, California 93312, 661-305-9151
CONTACTING US
If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please contact us at
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