This Agreement applies to this Website and any other features, content or applications offered from time to time by us in connection with or via the Website (collectively, the “Services”). The Services and the Website are hosted in the United States.
This Agreement sets forth the legally binding terms for the use by visitors ( "you", "visitors" or "users") of the Website and the Services. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by the terms of this Agreement and all applicable laws. Please read this Agreement carefully. If you do not agree with any of its terms, please discontinue use of the Website and Services immediately. You acknowledge that your agreement to the terms and conditions of this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged by you. Such consideration includes, but is not limited to, your use of the Website and Services.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound by any changes to this Agreement when you use the Website or Services after any such modification is posted. It is, therefore, important that you review this Agreement regularly to ensure you are updated as to any changes made to the Agreement. If you do not wish to accept any changes, you may choose not to use the Website or Services, or you may opt out of any offer by contacting us at firstname.lastname@example.org.
Subject to any laws or regulations to the contrary, we expressly reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website or Services at any time, for any or no reason, with or without prior notice, and without incurring liability.
You acknowledge that the Website contains content that is owned by us and/or our officers, directors, employees, agents, third-party content providers, affiliates, sponsors, and licensors (collectively, the "Providers") (the “Proprietary Content”), which is protected by copyrights, trademarks, and other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies now existing or hereafter developed. Such Proprietary Content includes, without limitation, television and/or film trailers and clips, photographs, text, wallpaper, icons, games, and graphics. Except as permitted by applicable law, you may not reproduce, distribute modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works based upon, or in any way exploit any of the Proprietary Content, in whole or in part without obtaining permission from the owner of the copyright or other propriety right. In addition to the foregoing, use of any software on or in connection with the Website or Services shall be governed by the software license agreement accompanying such software.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary material belonging to others without obtaining the prior written consent of the owner of such proprietary material. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent. Any copyrighted or other proprietary books, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, or other material on the Website (collectively the "Content") distributed with the consent of a copyright owner should contain a phrase such as "Copyright, [name of owner] [date]; used with permission." The unauthorized submission or distribution of Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
By submitting Content to any user-submission areas of the Website, including, without limitation, any blogs or message boards, you automatically grant us, or warrant that the owner of such Content has expressly granted us, a royalty-free, irrevocable, right and license, during the existence of your or the Content owner’s copyrights, to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any other Website user to access, store, or reproduce the Content for that user’s personal use. Subject to this grant, the owner of Content placed on the Website retains any and all rights which may exist in such Content.
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders on multiple occasions. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, ("DMCA") 17 U.S.C. 512:
Upon receipt of information from you that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously. If we determine that the material cited by you constitutes copyright infringement, we will remove, or "take down" the infringing material. At that point we will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the "counter-notice" and "put-back" provisions of the DMCA. Please do not contact our DMCA copyright agent for inquiries other than those relating to alleged copyright infringement.
For copyright infringement inquiries under the DMCA please contact:
My Vortexx Entertainment Ventures LLC
Attn: Legal Department
10100 Santa Monica Blvd.
Los Angeles, CA 90067
Fax: (424) 204-9395
We are an online service provider of content, a lot of which is supplied by third parties and users. We have no more editorial control over such content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including any other user, are those of the respective authors or distributors of the content, and not ours, our affiliates, their officers, directors, employees, or agents. While we have the right to filter or reject content posted by third parties, we do not have the obligation to do so and will not do so in most cases. Neither we nor any of our Providers guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for a particular purpose. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than us. Under no circumstances shall we, or our affiliates, or any of our officers, directors, employees, or agents be liable for any loss, damage or harm caused by information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.
The Website contains links to third party websites (“Linked Sites”.) The Linked Sites are not under our control and we are not responsible for the content of any such Linked Sites. We are only providing the Linked Sites to you as a convenience, and the inclusion of any Linked Sites on the Website does not imply endorsement of the views or opinions expressed on such sites by us or any of our Providers. Further, we cannot guarantee the quality or availability of such Linked Sites.
The Website contains advertisements. The advertisers and/or third parties that provide these advertisements are solely responsible for insuring that the materials submitted for inclusion on the site are accurate and comply with all applicable laws. We take great care in only serving advertisements that are appropriate and interesting to you and rigorously pre-screen all advertisements, but we are not responsible for the acts or omissions of any advertiser or third party, or advertisements that may appear on our site via error, malware or virus.
You, as a user, agree to use the Website only for lawful purposes. The following is a partial list of the kinds of content and activity that is illegal or prohibited on the Website and through your use of the Services (the “Prohibited Material”). We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communications from the Website, terminating the account of such violator and reporting such violator to law enforcement authorities. Prohibited Material includes, but is not limited to, activity and/or content that:
If we are notified of any content on the Website provided by you (e.g., through an author chat or user forum, online review or comment posted on the Website) that qualifies as Prohibited Material, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Website. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or court/government order or request; (ii) if such disclosure is necessary or appropriate to operate our Website; or (iii) to protect our rights or property as well as that of our Providers and any other user.
We reserve the right to prohibit conduct or communication that we deem in our sole discretion to be harmful to us, to individual users, to the Website, to our Providers, to the communities that use the Website, or to any third party, or which we believe to violate any applicable law. Notwithstanding the foregoing, neither we nor any of our Providers can assure other users will comply with the foregoing Rules of Conduct or any other provisions of this Agreement, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. Furthermore, neither we nor any of our Providers can ensure prompt removal of questionable content. Accordingly, neither we nor any of our Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.
The Website is for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Website or Services, including unauthorized commercial use of or framing of photographs contained thereon, collecting user names and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Website or Services.
If you use the Website, you agree to accept responsibility for (i) keeping any password that you entered to use Website pages requiring registration confidential, (ii) restricting access to your computer, and (iii) all activities that occur under your account and password. You further agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our account registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including, but not limited to using another person’s username, password, or account information or another person’s name, likeness, voice, image or photograph. You must promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving the Website or the Services.
We do not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by us or our agents might seem to be similar to others’ creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts, or other information, or transmit to the Website, by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed "Content," and will be subject to Paragraph III above, and shall remain our property. None of the Information shall be subject to any obligation of confidentiality on our part, and we shall not be liable for any use or disclosure of any Information. We shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
When you visit the Website or send emails to us, you are communicating with us electronically, which constitutes your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communication we provide to you electronically satisfy any legal requirement that such communications be in writing.
THE WEBSITE IS PROVIDED BY US AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE OR SERVICES; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, CURRENCY, OR COMPLETENESS OF THE WEBSITE OR THE SERVICES; OR (IV) THAT THE WEBSITE, ITS SERVERS, THE SERVICES OR E-MAIL SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR PROVIDERS GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED BY NUMEROUS FACTORS BEYOND OUR CONTROL OR THE CONTROL OF ANY OF OUR PROVIDERS.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, MALWARE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
PLEASE CONSULT YOUR PHYSICIAN AND YOUR CHILD'S PHYSICIAN BEFORE YOU OR YOUR CHILD USE OR BEGIN ANY EXERCISE TECHNIQUE OR PROGRAM. THE INFORMATION AND MATERIALS PRESENTED ON THIS WEBSITE ARE INTENDED FOR ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE RELIED UPON OR SUBSTITUTED FOR MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. ADULT SUPERVISION IS RECOMMENDED.
NEITHER WE NOR ANY OF OUR PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR SERVICES, EVEN IF WE OR OUR PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement is held invalid or unenforceable, in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
The Website is created and controlled by us in the State of California, and resides on servers in California. As such, the laws of the State of California will govern this Agreement, without giving effect to any principles directing the choice of another jurisdiction’s laws. The parties understand and agree that the exclusive venue shall be in courts of competent jurisdiction sitting in Los Angeles, California.
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than would be available from a court under the statutory or common law theory asserted. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or both, as applicable to the claim(s) asserted. It is the arbitrator’s responsibility to allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses). The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in order to protect our intellectual property rights and to support our rights and remedies hereunder without waiving any right to arbitration.
You agree to indemnify and hold us, our Providers, and our and their subsidiaries, affiliates, and respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including attorneys' fees, made by any third party due to or arising out of: (1) your use of the Website or Services in violation of this Agreement ; (2) a breach of this Agreement; (3) any breach of your representations and warranties set forth in this Agreement; and (4) any content that you post on the Website or through the Services.
This Agreement is accepted upon your use of the Website or Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Website and Services. Our failure to exercise or enforce any right or provision of this Agreement shall 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 permitted by law.
Please contact us at email@example.com with any questions regarding this agreement.