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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.
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or linking to this Website, you assume the risk that the information on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.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 enforce 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.
Forums, bulletin boards, chat rooms or other interactive areas that may be offered on the Website ("User Forums") are provided to give users a forum, subject to Company’s Unsolicited Submissions Policy set forth below, to express their opinions and share their ideas and information. Company does not endorse the content posted in User Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through a User Forum.
Company does not and cannot review every message posted by users in the User Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Company reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Website for any reason in Company's sole discretion. You understand that any content that you post and/or upload on the Website will be considered a submission for purposes of these services. In addition, Company may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Company or to protect the safety of our users or the public.
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;
7. interfere or interrupt, or attempt to interfere or interrupt, the operations of the Website in any way;
8. impersonate any person or entity, or misrepresent a relationship with any person or entity, including without limitation, misrepresenting a relationship with Company;
9. reproduce, duplicate, copy, sell resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website or the Materials;
10. forge header information or otherwise manipulate identifiers in electronic communications to disguise the origin of any such communication sent to the Website;
11. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website or any of the software used to provide the Website;
12. obtain, collect, store or modify personal information about other users or visitors to the Website;
13. restrict or inhibit any other person from using the Website (including by hacking or defacing any portion of the Website);
14. remove any copyright, trademark or other proprietary rights notices from the Website or materials origination from the Website;
15. create a database by systematically downloading and storing all or any of the Website’s content; or
16. 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.
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, OFFICERS 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. Company's Copyright Agent may be reached by mailing 4766 east Eden drive Cave Creek Arizona 85331 Attention: Copyright Agent.
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.
Company does not accept unsolicited submissions of any work, idea, creative material, concept, or other information, and Company assumes no obligation, either express or implied, with respect to any work, idea, creative material, concept, or other information submitted by you. In the event that you submit any work, idea, creative material, concept, or other information to Company in violation of the previous sentence (each, an “Unsolicited Submission”), you hereby grant to Company (and its subsidiaries, affiliates and related entities) the free and unfettered, worldwide, non-exclusive, sublicenseable (through multiple tiers of sublicensees), assignable (in whole or in part, including sub-assignments), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import and use and exploit in any way your Unsolicited Submission in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or any provider, author, or owner of the Unsolicited Submission. No Unsolicited Submission shall subject Company to any obligation of any kind, including without limitation, confidentiality, attribution, compensation, or otherwise, and Company shall not be liable for any exploitation, use, or disclosure of any Unsolicited Submission. You hereby agree that no confidential or fiduciary relationship is intended or created by reason of the submission of any Unsolicited Submission by you. You hereby release Company and its subsidiaries, affiliates and related entities, and their respective officers, directors, employees, agents, successors, licensees, distributors and assigns, to the maximum extent allowable by law, of and from, and irrevocably waive, any and all claims, costs, demands, liabilities, fees, penalties and other expenses of any kind whatsoever, known and unknown, that may exist or arise relating to, arising out of or in connection with the Unsolicited Submission and/or Company’s use or disclosure of the Unsolicited Submission.
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.
This Website may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
Membership & Registration
If you register with the Website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. Company reserves the right to terminate membership and/or deny access to the Website to any person in its sole discretion for any reason or no reason at all.
Passwords and Security
You may choose or be given a user name and password to use in connection with the Website. With respect to any such user name that you choose, Company may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
You agree that you will not share your user name or password with any other person and it is your sole responsibility to maintain and keep all user names and passwords confidential. Furthermore, you are solely responsible for any and all activities that occur under your account, and hereby authorize Company to assume that any activity conducted on the Website using your name and password was conducted by you. You shall immediately notify Company in writing of any unauthorized use of any account or any other breach of security. Company reserves the right to monitor your account and shall have the right at any time, with or without prior notice to you, to require you to change your user name or password for any or no reason.
Company operates this Website in the United States. Information contained on this Website may not be appropriate or available for use in other locations, and access to this Website from territories where the content of the Website may be illegal is prohibited. If you access this Website form other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These terms shall be construed and enforced in accordance with the laws of the State of Arizona , without regard to its conflicts of law principles and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the terms and/or your use of this Website must be filed in the County of Maracopa, City of phoenix, State of Arizona within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in the County of maracopa, City of Phoneix, State of Arizona for any cause of action relating to or arising under these Terms or the Website
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.
Equal Employment Opportunity Commission Statement
Company provides equal opportunity to all employees and applicants without regard to race, color, religion, age, ancestry, gender, sexual orientation, national origin, physical or mental disability, veteran status, marital status, or any other characteristic protected by applicable law.
No Employment Guarantee
By permitting you to use the Website or email information to Company, Company makes no guarantee or promise that you will be granted an interview, achieve job placement, that any employment or position is available, or that you will be placed in a job of your preference.
This agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, Company shall add as a part of this agreement a provision as similar in terms to such invalid or unenforceable provisions as may be possible to be valid and enforceable.
No Injunctive Relief
You hereby irrevocable waive any right to seek and/or obtain rescission, equitable and/or injunctive relief related to Company or any of its subsidiaries’, affiliates’, or related entities’ production, distribution, license and/or exploitation of any of their motion pictures, television shows, commercials and/or other content; and your exclusive remedy in connection therewith shall be an action for damages.
This agreement constitutes the entire agreement by and between you and Company pertaining to the subject matter hereof and supercedes all prior or contemporaneous agreements, representations, warranties and understanding of you and Company. This agreement may not be amended, nor any obligation waived. Any failure to enforce any provision of this agreement shall not constitute a waiver thereof or of any other provision hereof.
This agreement can be terminated at any time by Company for any or no reason whatsoever with or without prior notice to you. In the event that Company terminates this agreement, your limited right to enter, display and use the Website and the Materials shall immediately terminate, and Company may immediately deactivate or delete your password and user name (if any), and all related information and files associated with them, and/or bar any further access to such information or files. 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 agree that Company shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
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. You are advised that Company will aggressively enforce its rights to the fullest extent of the law.