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Welcome to the Trillian Entertainment
web site at www.trillianent.com ("Site") which is owned
by Trillian Entertainment ("Trillian"), a Media 8 company.
This Site is operated by Trillian and materials on the Site are
owned, for the most part, by Trillian. The Site may also include
materials owned by third parties and posted on the Site by virtue
of a license, grant or some other form of agreement between the
third party and Trillian.
Trillian has created this Site
for your personal enjoyment, use as a producer or distributor
of entertainment product, entertainment and education. However,
you are only authorized to access this Site or to use the materials
contained in the Site (regardless of whether your access or use
is intended) if you agree to abide by all applicable laws, and
to these Terms of Use which constitute an Agreement between you
and Trillian. Please read these Terms of Use carefully and save
them. If you do not agree with them, you should leave this Site
immediately. Any questions or comments regarding, or problems
with, this Site should be sent to the Site Administrator at devinc@trillianent.com.
Trillian reserves the right
to modify or amend this Agreement without notice at any time.
It is therefore important that you read this page regularly to
ensure you are updated as to any changes.
If you become aware of misuse
of this Site by any person, please contact the Site Administrator
with your concerns.
Access and Use
All materials contained in
this Site are protected by international trademark and copyright
laws and must only be used for personal, non-commercial purposes.
This means that you may only view or download material from this
Site for your own use and you must keep all copyright and other
proprietary notices attached to the downloaded material.
The reproduction, duplication,
distribution (including by way of email, facsimile or other electronic
means), publication, modification, copying or transmission of
material from this Site is STRICTLY PROHIBITED unless you have
obtained the prior written consent of Trillian or unless it is
expressly permitted by this Site. The material covered by this
prohibition includes, without limitation, any text, graphics,
logos, photographs, audio or video material or stills from audiovisual
material available on this Site. The use of materials from this
Site on any other web site or networked computer environment
is similarly prohibited.
Requests for permission to
reproduce or distribute materials found on this Site can be made
by contacting Trillian in writing at:
Legal Department
Trillian Entertainment
15260 Ventura Blvd, #710
Sherman Oaks, CA 91403
You are also strictly prohibited
from creating works or materials that derive from or are based
on the materials contained in this Site including, without limitation,
fonts, icons, link buttons, wallpaper, desktop themes, on-line
postcards and greeting cards and unlicensed merchandise. This
prohibition applies regardless of whether the derivative materials
are sold, bartered or given away.
Unsolicited Submissions
Trillian does not knowingly
accept unsolicited submissions including, without limitation,
submissions of scripts, story lines, articles, fan fiction, characters,
drawings, information, suggestions, ideas or concepts. Trillian's
policy is to simply delete any such submission without reading
it or forwarding it to other Trillian staff. Therefore, any similarity
between an unsolicited submission and any elements in any Trillian
creative work including, without limitation, a film, series,
story, title or concept would be purely coincidental.
If unsolicited submissions
are sent to Trillian via this Site, however, these submissions
become the property of Trillian and may be used, copied, sublicensed,
adapted, transmitted, distributed, publicly performed, published,
displayed or deleted as Trillian sees fit. You agree that you
are not entitled to any compensation, credit or notice whatsoever
and that by sending an unsolicited submission you waive the right
to make any claim against Trillian, its parents or affiliates
relating to unsolicited submissions, including, without limitation,
unfair competition, breach of implied contract or breach of confidentiality.
Linked Sites and Advertising
If you are interested in creating
hypertext links to this Site, you must contact Legal Department
of Trillian Entertainment at 15260 Ventura Blvd, #710, Sherman
Oaks, CA 91403 before doing so. In establishing hypertext links,
you must not represent in any way, expressly or by implication,
that you have received the endorsement, sponsorship or support
of this Site or Trillian, including its respective employees,
agents, directors, officers and shareholders.
If Trillian has provided links
or pointers to other web sites, no inference or assumption should
be made and no representation should be implied that Trillian
is connected with, operates or controls these web sites.
Trillian is not responsible
for the content or practices of third party web sites that may
be linked to this Site. This Site may also be linked to other
web sites operated by companies affiliated or connected with
Trillian. When visiting other web sites, however, you should
refer to each such web site's individual "Terms of Use"
and not rely on this Agreement.
Trillian takes no responsibility
for third party advertisements which are posted on this Site,
nor does it take any responsibility for the goods or services
provided by its advertisers.
Disclaimer of Liability
and Warranties
While Trillian does its best
to ensure the optimal performance of the Site, you agree that
you use this Site and rely on material contained in this Site
at your own risk.
The Site, and all materials
in this Site, are provided "as is" and, to the fullest
extent permitted by law, are provided without warranties of any
kind either express or implied. This means, without limitation,
that Trillian DOES NOT WARRANT that the Site is fit for any particular
purpose; that the functions contained in the materials in the
Site will be uninterrupted; that defects will be corrected; that
the Site is free of viruses and other harmful components or that
the Site is accurate, error free or reliable.
You acknowledge that Trillian
and third party content providers, their parents and affiliates
together with their respective employees, agents, directors,
officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies,
failures, errors, omissions, interruptions, deletions, defects,
viruses, communication line failures or for the theft, destruction,
damage or unauthorized access to your computer system or network.
You acknowledge that Trillian
is not liable for any defamatory, offensive or illegal conduct
or material found in connection with this Site, including such
conduct or material transmitted by any means by any other person.
You acknowledge that Trillian
and third party content providers are not liable for any damages,
including, without limitation, direct, incidental, special, consequential
or punitive damages, in connection with or arising from your
use or from your inability to use the Site.
With respect to any Content
provided by producers or other submissions, Trillian is merely
a distributor of such Content. Trillian is not responsible for
any Content submitted by users or other third parties, including
their opinions, judgments, advice, statements, services or other
information provided. Trillian shall not be liable for any loss
or damage caused by any reliance upon such information obtained
through the Website. It is your responsibility to evaluate the
accuracy, completeness, or usefulness of any Content.
Indemnity
You agree to defend, indemnify
and hold harmless Trillian, its parents and affiliates together
with their respective employees, agents, directors, officers
and shareholders, from and against all the liabilities, claims,
damages and expenses (including reasonable attorney's fees and
costs) arising out of your use of this Site; your failure to
use the Site; your breach or alleged breach of this Agreement
or your breach or alleged breach of the copyright, trademark,
proprietary or other rights of third parties.
Termination
Trillian reserves the right
to immediately terminate your use of, or access to, this Site
at any time if Trillian decides at its sole discretion that you
have breached this Agreement or any relevant law, rule or regulation
or you have engaged in conduct that Trillian considers to be
inappropriate or unacceptable.
Copyright Infringement
If you believe that any material
contained in this Site infringes your copyright, you should notify
Trillian of your copyright infringement claim in accordance with
the following procedure.
Trillian will process notices
of alleged infringement which it receives and will take appropriate
action as required by the Digital Millennium Copyright Act ("DMCA")
and other applicable intellectual property laws. The DMCA requires
that notifications of claimed copyright infringement should be
sent to this Site's Designated Agent:
Devin Cutler
15260 Ventura Blvd, #710
Sherman Oaks, CA 91403
Telephone: (818) 826-8000
Fax: (818) 301-2755
E-mail: devinc@trillianent.com
To be effective, the notification
must be in writing and contain the following information (DMCA,
17 U.S.C. §512(c)(3)):
1. Physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list
of such works at that site;
3. Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate
the material;
4. Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which
the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Other
This Agreement operates to
the fullest extent permissible by law. If any provision of this
Agreement is unlawful, void or unenforceable, that provision
is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
This Agreement is governed
by, and construed in accordance with, the laws of the State of
California without giving effect to any principles of conflicts
of law. You agree to submit to the exclusive jurisdiction of
the courts of the State of California or, if appropriate, the
United States District Court for the District of California for
resolution of any dispute, action or proceeding arising in connection
with this Agreement or your use or non-use of the Site, and you
further irrevocably waive any right you may have to trial by
jury in any such dispute, action or proceeding.
Trademarks
Trillian Entertainment and
the Trillian Entertianment logo are trademarks of Trillian Entertainment,
and all other trademarks, service marks and trade names used
on the Site are the property of their respective owners, and
all of the above trademarks may not be copied, downloaded or
otherwise exploited without the permission of Trillian or the
owner of such trademark, service mark or trade name, except as
explicitly permitted in these Terms of Use.
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