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PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS
SITE.
As used herein, the phrase "this Site" refers to digitalstudioswest.com and
other sites on the World Wide Web originating in the United States which are
owned and/or operated by Digital Studios West, Inc. By using this Site, you indicate your acceptance of these Terms & Conditions.
If you do not agree to these Terms & Conditions, you have no right or license
to access this Site and you should not do so.
Digital Studios West, Inc. reserves the right, in its sole discretion, to change, modify or
otherwise update these Terms & Conditions at any time, or to impose new
conditions, including, but not limited to, adding fees and charges for use.
Such changes, modifications, updates or additions shall be effective immediately
upon notice thereof, which may be given by means including, but not limited
to, posting on this Site, or by electronic or conventional mail, or by any
other means by which you obtain notice thereof. Your use of this Site after
such notice shall be deemed to constitute your acceptance of such changes,
modifications, updates or additions.
Digital Studios West, Inc. may change, suspend or discontinue any aspect of the Site at any
time, including the availability of any feature or content. Digital Studios West, Inc. may also
impose limits on certain features and services or restrict your access to parts
or the entire Site without notice or liability.
USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND
RESTRICTIONS
All materials published on this Site (including but not limited to articles,
photographs, images, illustrations, audio clips and video clips) are protected
by copyrights, which are owned and controlled by Digital Studios West, Inc., or the party credited
as the provider of the material. The entire contents of digitalstudioswest.com are also
copyrighted as a collective work under the United States copyright laws, and
the selection, coordination, arrangement and enhancement of such content are
protected by copyright. You shall abide by all copyright notices and other
restrictions contained in any material accessed through the Site. No material
from this Site or any Web site owned, operated, licensed, or controlled by
Digital Studios West, Inc. may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except that you may download one copy of the materials
on any single computer for your personal, noncommercial home use, and may print
one hard copy of the material on this Site for your personal, noncommercial
use, provided you keep intact all copyright and other proprietary notices.
You acknowledge that you do not acquire any ownership rights by downloading
or printing copyrighted material. Modification of the materials or use of the
materials for any purpose other than personal, noncommercial use is a violation
of the respective owners' copyrights and other proprietary rights. The use
of any such material on any other Web site or networked computer environment
is prohibited.
All trademarks, service marks, and trade names are proprietary to Digital Studios West, Inc.
or the other designated owner of a posted mark. Elements of this Site are protected
by trade dress and other laws and may not be copied or imitated in whole or
in part.
SUBMISSIONS AND PUBLIC FORUMS
This Site includes chat areas, message boards, e-mail, FTP and other interactive
functions ("Forums"), which allow feedback and submissions to Digital Studios West, Inc. and real-time interaction between users. Only registered users who have
expressly indicated their agreement to these Terms & Conditions may use
any of these Forums. Registration consists of identifying oneself, giving a
screen name and password, and expressly indicating by means of clicking on
an applicable box or boxes the user's acceptance of these Terms & Conditions.
Terms & Conditions directly applicable to use of such Forums include the
following:
1. You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages, communications
or other materials ("Content"), whether publicly posted or privately
transmitted, that you submit to any of the Forums are your sole responsibility.
This means that you, and not Digital Studios West, Inc., are entirely responsible for all Content
that you upload, post, email or otherwise transmit via the Forums.
2. Digital Studios West, Inc. does not endorse or control the Content delivered
to this Site, and Digital Studios West, Inc. has no obligation to monitor such Content. As such,
Digital Studios West, Inc. does not guarantee the accuracy, integrity or quality of any such
Content. However, reserves the right (but not the obligation) in its sole discretion
to edit, refuse to post or to delete any Content, in whole or in part, that
is in violation of these Terms & Conditions or that it deems to be objectionable
or unacceptable for any reason whatsoever.
3. Digital Studios West, Inc. further reserves the right at all times to
preserve any Content or to disclose any Content as necessary to satisfy any
law, regulation or governmental request or any good faith belief that such
preservation or disclosure is necessary to (a) comply with legal process; (b)
enforce these Terms & Conditions; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property,
or personal safety of Digital Studios West, Inc., its users and the public.
4. You understand that by using the Site, including
its Forums, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Digital Studios West, Inc. be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Site, including its
Forums.
5. It is a condition of your access and use of this
Site that you do not:
a. Restrict or inhibit any other user
from using and enjoying this Site;
b. Harm minors in any way;
c. Impersonate any person or entity, including,
but not limited to, an employee or representative of Digital Studios West, Inc., or falsely
state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted by means
of this Site;
e. Upload, post, email or otherwise distribute,
publish or transmit on this Site any Content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise distribute,
publish or transmit on this Site any unlawful, harmful, threatening, abusive,
harassing, invasive of another's privacy, libelous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind, including without
limitation any transmission constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate
any local, state, national or foreign law;
g. Upload, post, email or otherwise distribute,
publish or transmit on this Site any information, software or other material
which violates or infringes upon the rights of others, including material which
is an invasion of privacy or publicity rights or which is protected by patent,
copyright, trademark, trade secret or other proprietary right, or derivative
works with respect thereto, without first obtaining permission from the owner
or right holder;
h. Upload, post, email or otherwise distribute,
publish or transmit on this Site any information, software or other material
which contains a virus or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment, or any other harmful component; or
i. Upload, post, email or otherwise distribute,
publish or transmit on this Site or in any way exploit any information, software
or other material for commercial purposes or which contains any form of solicitation
(including, but not limited to, "junk mail," "spam," "chain
letters," and "pyramid schemes"), advertising, promotion or
marketing for goods or services;
j. Disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other users of the Site are
able to type, or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
k. Interfere with or disrupt the Site
or servers or networks serving the Site, or disobey any requirements, procedures,
policies or regulations of networks connected to the Site;
l. Intentionally or unintentionally violate
any applicable local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of law;
m. "Stalk" or otherwise harass
another; or
n. Collect or store personal data about
other users.
6. By posting or submitting any materials (including
but not limited to any remarks, ideas, graphics, photos, video, film, comments,
product concepts, production concepts, advertising concepts or ideas, and suggestions
for improving or changing existing content) to this Site, you automatically
grant (or warrant that the owner of such rights has expressly granted) to Digital Studios West, Inc. a royalty-free, nonexclusive, perpetual and irrevocable
right and license to use, reproduce, modify, publish and distribute such materials
or incorporate such materials into any form or technology now known or later
developed, and you waive any moral rights you may have in having the material
altered or changed in a manner not agreeable to you.
7. You warrant that any materials you upload, post,
email or otherwise distribute, publish or transmit on this Site contains nothing
that will give rise to civil liability or otherwise violate any local, state,
national or foreign law, including nothing that is harmful, threatening, abusive,
harassing, invasive of another's privacy or publicity rights, defamatory, obscene,
vulgar, pornographic, profane or indecent, or that constitutes an infringement
of anyone's patent, copyright, trademark, trade secret or other proprietary
right, or derivative rights with respect thereto.
PURCHASE OF PRODUCTS FROM THIS SITE
The purchase of any products from this Site is governed by the terms and
conditions of the sales transaction with the provider of the product. Digital Studios West, Inc.
MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. Digital Studios West, Inc. does not have any responsibility for the processing or delivery
of products purchased from this Site.
LINKED SITES
digitalstudioswest.com may contain links and pointers to Internet sites maintained
by others ("Third Party Sites"). The appearance of a link does not
imply Digital Studios West, Inc. endorsement. Digital Studios West, Inc. has not reviewed all of the Third Party
Sites linked to the Site and is not responsible for the contents of or any
products or services offered in such Third Party Sites. You access them at
your sole risk, and you should direct any concerns regarding any Third Party
Site to its site administrator or Webmaster.
JURISDICTIONAL ISSUES
The Site is controlled and operated by Digital Studios West, Inc. from its headquarters in
Huntington Beach, California, United States of America. Digital Studios West, Inc. makes no
representation that materials in the Site are appropriate or available for
use in other locations. Those who choose to access this Site from other locations
do so on their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance
with the laws of the State of California, without giving effect to any principles
of conflicts of law, except as to any provisions, which may be governed by
the laws of the United States, in which case the latter shall govern. You agree
that any action at law or in equity arising out of or relating to these terms
shall be filed only in the state or federal courts located in California and
you hereby consent and submit to the personal jurisdiction of such courts for
the purposes of litigating any such action.
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this agreement
and shall not affect the validity and enforceability of any remaining provisions.
These Terms & Conditions, together with any other terms, conditions or
policies set forth elsewhere in this Site, constitute the entire agreement
between you and Digital Studios West, Inc. in connection with your access and use of this Site.
Digital Studios West, Inc. may, in its sole discretion, terminate or suspend your access to
all or part of this Site for any reason, including, without limitation, failure
to comply with any of these Terms & Conditions. Upon termination, you must
destroy all materials obtained from this Site and all copies thereof, whether
made under the terms of this agreement or otherwise. In the event of termination,
you are no longer authorized to access or use this Site, and the restrictions
imposed on you with respect to materials downloaded from this Site and the
disclaimers and limitations of liabilities set forth in this agreement shall
survive.
DISCLAIMER
Your access to and use of this Site is at your sole risk. If you are dissatisfied
with any of the materials contained in this Site, or with any of these Terms & Conditions,
your sole and exclusive remedy is to discontinue accessing and using this Site.
THE MATERIALS IN THIS SITE AND ALL DOWNLOADABLE SOFTWARE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Digital Studios West, Inc. AND ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO THIS WEB SITE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED. Digital Studios West, Inc.
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY,
OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN
OR FROM THIS SITE. Digital Studios West, Inc. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO LIABILITY
To the fullest extent permitted by applicable law, Digital Studios West, Inc. and all officers,
directors, owners, employees, agents, information providers, affiliates, licensors
and licensees (all of the foregoing, collectively, the "Indemnified Parties")
shall in no event be liable for any claims, charges, demands, damages, liabilities,
losses, or expenses of whatever nature and howsoever arising, including without
limitation any compensatory, incidental, direct, indirect, special, punitive,
or consequential damages, loss of use, loss of data, loss caused by a computer
or electronic virus, loss of income or profit, loss of or damage to property,
claims of third parties, or other losses of any kind or character, even if
Digital Studios West, Inc. or the Indemnified Parties have been advised of the possibility of
such damages or losses, arising out of or in connection with the use of this
Site or any Web site with which it is linked. You assume total responsibility
for establishing such procedures for data backup and virus checking as you
consider necessary.
You hereby agree to indemnify, defend and hold harmless Digital Studios West, Inc. and the
Indemnified Parties from and against any and all claims, charges, demands,
damages, liabilities, losses, and expenses of whatever nature and howsoever
arising (including but not limited to any legal or other professional fees
and the costs of defending or prosecuting any claim and any loss of profit,
goodwill, and any other direct or consequential loss) incurred or suffered
by Digital Studios West, Inc. and the Indemnified Parties, directly or indirectly, by reason
of any act or omission which you commit in breach of these Terms & Conditions
(including but not limited to your obligations, representations and warranties
contained herein) and any other terms and conditions or policies set forth
elsewhere in this Site. You shall cooperate as fully as reasonably required
in the defense of any claim. Digital Studios West, Inc. reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you.
Because you have acknowledged that, at its sole discretion and for any reason,
Digital Studios West, Inc. may edit, refuse to post or to delete any Content that you post,
in whole or in part, and may terminate or suspend your access to all or part
of this Site, that you have granted (or warranted that the owner of such rights
has expressly granted) to Digital Studios West, Inc. and a royalty-free, nonexclusive,
perpetual and irrevocable right and license to use, reproduce, modify, publish
and distribute any Content that you post, such materials or incorporate such
materials into any form or technology now known or later developed, and that
you have waived any moral rights you may have in such Content, you hereby agree
that if you unsuccessfully prosecute a claim against Digital Studios West, Inc. and/or any of
the Indemnified Parties that arises from its exercise of its rights to edit,
refuse to post or to delete any Content that you post, to terminate or suspend
your access to all or part of this Site, to use its royalty-free, nonexclusive,
perpetual and irrevocable right and license to use, reproduce, modify, publish
and distribute any Content that you post, or seeking to recover for violation
of your moral rights, you agree to reimburse Digital Studios West, Inc. and/or the Indemnified
Parties for all costs of defending any such claim, including but not limited
to any legal or other professional fees).
REGISTRATION/SUBSCRIPTION
As part of the registration process, you will select a password and a subscriber
ID. You also have to give us certain registration information, all of which
must be accurate and updated.
a. You may not (i) select or use a subscriber ID of another person with the
intent to impersonate that person; (ii) use a subscriber ID in which another
person has rights without such person's authorization; or (iii) use a subscriber
ID that Digital Studios West, Inc., in its sole discretion, deems offensive. Failure to comply
with the foregoing shall constitute a breach of this Agreement, which may result
in immediate termination of your account.
b. You shall be responsible for maintaining the confidentiality of your password,
which you will not have to reveal to any representative or agent of Digital Studios West, Inc..
c. You shall notify Digital Studios West, Inc. at info@digitalstudioswest.com of any known or suspected
unauthorized use(s) of your account, or any known or suspected breach of security,
including loss, theft, or unauthorized disclosure of your password or credit
card information.
d. You may share your password and subscriber ID with others, but you are
responsible for all usage or activity on your digitalstudioswest.com account, including
use of the account by any third party authorized by you to use your subscriber
ID and password. Any fraudulent, abusive, or otherwise illegal activity may
be grounds for termination of your account, at Digital Studios West, Inc. sole discretion,
and Digital Studios West, Inc. may refer you to appropriate law enforcement agencies.
SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from this Site, including
any files or images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software"), is the
copyrighted work of the indicated author of the Software ("Author").
Use of the Software is governed by the terms of the end user license agreement,
if any, which accompanies or is included with the Software ("License Agreement").
An end user will be unable to install any Software that is accompanied by or
includes a License Agreement, unless he or she first agrees to the License
Agreement terms. The Author retains full and complete title to the Software
itself and all intellectual property rights therein. You may not redistribute,
sell, decompile, reverse-engineer or otherwise disassemble the Software. Digital Studios West, Inc. MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. Software from this Site is further subject to United States export
controls. No software from this Site may be downloaded or otherwise exported
or reexported into (or to a national or resident of) any country to which the
U.S. has embargoed goods. By downloading or using the Software, you represent
and warrant that you are not located in, under the control of, or a national
or resident of any such country.
MINORS
This site contains material that may not be appropriate for children. If
there is a concern by parents that children may visit this site, Digital Studios West, Inc.
recommends using a parental control software package. Some sample parental
software packages include: Net Nanny ( http://www.netnanny.com),
Cyber Patrol ( http://www.cyberpatrol.com),
Cybersitter ( http://www.solidoak.com).
Please be advised that Digital Studios West, Inc. does not endorse any one parental software
package. While no parental software package replaces careful supervision of
Internet use by children, these tools can be a useful addition to your suite
of Internet applications. Please read the digitalstudioswest.com Privacy Policy, in particular
the Policy for Minors, for more information regarding the collection of personal
information from children.
| User Agreement / Privacy Policy / Site Map | © 2007 Digital Studios West, Inc. |