By using any services provided herein, you are agreeing to comply with and be bound by the terms, conditions and notices relating to its use.
1. As a condition of your use of this Web site and the services contained therein, you represent and warrant toD’Ellis Productions that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
2. This Web site contains one or more of the following interactive services: forums and chats. You agree to use such services only to send and receive messages and material that are proper and related to the particular service, area, group, forum, community or other message or communication facility. In addition to any other terms or conditions of use of any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities, you agree that when using one, you will not:
· Publish, post, upload, distribute or disseminate any inappropriate, profane, derogatory, defamatory, infringing, improper, obscene, indecent or unlawful topic, name, material or information.
· Upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents.
· Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
· Advertise any goods or services for any commercial purpose.
· Offer to sell any goods or services for any commercial purpose.
· Conduct or forward chain letters or pyramid schemes.
· Download for distribution in any manner any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Falsify or delete any author attributions, legal or other proper notices, proprietary designations, labels of the origin, source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying any of the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities.
3. D’Ellis Productions, Inc. has no obligation to monitor the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities. However, D’Ellis Productions, Inc. reserves the right at all times to disclose any information deemed by D’Ellis Productions, Inc. necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
4. You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. D’Ellis Productions, Inc. does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized D’Ellis Productions, Inc spokespersons, and their views do not necessarily reflect those of D’Ellis Productions, Inc..
5. The information, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. D’Ellis Productions, Inc may make improvements and/or changes in this Web site at any time. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
6. D’Ellis Productions, Inc makes no representations about the suitability, reliability, timeliness, and accuracy of the information, products, and services contained on this web site for any purpose. All such information, products, and services are provided “as is” without warranty of any kind.
7. D’Ellis Productions, Inc hereby disclaims all warranties and conditions with regard to the information, products, and services contained on this web site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
8. In no event shall D’Ellis Productions Inc be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected
· with the use or performance of this web site,
· with the delay or inability to use this web site,
· with the provision of or failure to provide services, or
· for any information, software, products, services and related graphics obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if D’Ellis Productions, Inc has been advised of the possibility of damages.
10. D’Ellis Productions, Inc reserves the right in its sole discretion to deny any user access to this Web site, any interactive service herein, or any portion of this Web site without notice, and the right to change the terms, conditions, and notices under which this Web site is offered.
11. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.
12. By submitting material to or through our site, you grant us and our partners, agents, affiliates and service providers (collectively, “Affiliates”), the non-exclusive right to reproduce, modify and distribute such material as we see fit for any purpose in any form, media, or technology now known or later developed. You agree that we and our Affiliates may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. You also permit any other user to access, display, and print such content for personal use. By submitting material to us, you are representing that such material does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark and other proprietary rights. If any third-party content is included in any materials that you submit, you must obtain permission from the content owner and attribute such content to the owner.
13. You agree to hold us and our affiliates, agents and licensors harmless from any claim that may arise from your use of any of our sites. 14. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Exclusive jurisdiction and venue shall be in the Los Angeles County, California Superior Court.
Binding Effect. This Agreement shall be binding upon all who use D’Ellis Production, Inc’s services, property, and other assets mentioned in this agreement with respect to this Web site and associated content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.