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Terms of Use |
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You have reached the MyShowbizSite website ("the Site"). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use"). We reserve all rights to revise the Terms of Use at any time without notice to you or any other party.
This showbiz website ("Service") is provided by MyShowbizSite.
This legal agreement is made between You and Us ("Agreement"). This Agreement applies to Our site, "www.myshowbizsite.com", which offers the Service. Please read this Agreement carefully before using the Service. By using any of the features of the Service, You become a MyShowbizSite user (a "User"), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a User.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY USA, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEEMENT ON THE SERVICE.
In this Agreement the following words have the following meanings unless the context requires otherwise:
"Agreement" means the agreement between You and Us incorporating these terms and conditions for the provision of the Service, as amended from time to time in accordance with the terms and conditions set forth herein;
"We, Us, Our" means MyShowbizSite; and
"You, Your, Yourself" means the person who uses the Service, accepts the terms and conditions of this Agreement.
You may view, copy, play back, download and print documents and media incorporated into such documents, including but not limited to graphics and sound ("the Content") from the Site subject to the following: (a) the Content may be used solely for personal, informational, non-commercial purposes; and (b) the Content may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, modify, copy, print, display, perform, reproduce, publish, license, share or distribute any content from this website in whole or in part without the express authorization of MyShowbizSite.
The Site includes links to websites and access to content, products and services from third parties, including but not limited to users, customers, sponsors, advertisers and affiliates. You agree that MyShowbizSite Foundation is not responsible for the availability of, content provided on, and performance of third party websites. You agree that MyShowbizSite has no responsibility for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you order or purchase any products or services from a third party, reached through the Site, your relationship is directly with the third party. You agree that MyShowbizSite shall not be responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You also agree that MyShowbizSite shall not be responsible for any loss or damage that you may suffer from dealing with any third party.
User Submissions
A. The MyShowbizSite Website may now permit the submission of videos, audio clips or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, MyShowbizSite does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize MyShowbizSite to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to MyShowbizSite, you hereby grant MyShowbizSite a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the MyShowbizSite Website and MyShowbizSite's (and its successor's) business, including without limitation for promoting and redistributing part or all of the MyShowbizSite Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the MyShowbizSite Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the MyShowbizSite Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MyShowbizSite all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage MyShowbizSite or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. MyShowbizSite does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MyShowbizSite expressly disclaims any and all liability in connection with User Submissions. MyShowbizSite does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MyShowbizSite will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. MyShowbizSite reserves the right to remove Content and User Submissions without prior notice. MyShowbizSite will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. MyShowbizSite also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. MyShowbizSite may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
D. If you believe that any content on the Site (including, without limitation, User Submissions) violates any of the terms of this agreement, please click here to send us a message about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
E. You understand that when using the MyShowbizSite Website, you will be exposed to User Submissions from a variety of sources, and that MyShowbizSite is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MyShowbizSite with respect thereto, and agree to indemnify and hold MyShowbizSite, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. MyShowbizSite permits you to link to materials on the Website for personal, non-commercial purposes only. MyShowbizSite reserves the right to discontinue any aspect of the MyShowbizSite Website at any time.
G. Furthermore, you acknowledge and agree that the upload service made available on this Site is brought to you in conjunction with our operational service provider and/or Co-Branded Partner, Revver.com ("Revver"), and you shall additionally be subject to the terms and conditions of Revver including, but not limited to, the Revver Member Agreement, terms of use and privacy policy.
You bear all responsibility for maintaining the
confidentiality of any password(s) you receive for
purposes of accessing the Site, and you are fully
responsible for all activities that occur through
your password(s).
You agree to notify MyShowbizSite immediately
after you become aware of any unauthorized use of
your password(s).
You agree that MyShowbizSite reserves the right to, at
any time, terminate your access to the Site and
any account(s) you may have in connection with the
Site. MyShowbizSite may monitor your access to the Site.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS"; AND "AS AVAILABLE" BASIS. MYSHOWBIZSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MYSHOWBIZSITE MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. MYSHOWBIZSITE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE FROM THE SITE. MYSHOWBIZSITE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
IN NO EVENT SHALL MYSHOWBIZSITE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR
USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER
IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR
ACCESS TO, OR USE OF, THE SITE.
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
IN JURISDICTIONS THAT DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY.
You agree to defend, indemnify and hold harmless MyShowbizSite, its directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.
You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of national or international export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any applicable country or authority, and not to directly or indirectly provide or otherwise make available MyShowbizSite services and products in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of MyShowbizSite services outside USA.
All matters relating to your access to, and use
of, the Site shall be governed by the USA law. Any legal
action or proceeding relating to your access to,
or use of, the Site shall be instituted in a Commercial court of USA. You and MyShowbizSite agree
to submit to the jurisdiction of, and agree that
venue is proper in, these courts in any such legal
action or proceeding.
Copyright © 2007, MyShowbizSite.
All rights reserved.
MyShowbizSite.com is a trademark of MyShowbizSite. Other
names appearing on the Site may be trademarks of
their respective owners.
To resolve a complaint regarding the Service, You should first contact Our customer service department through the Contact Us page of the Service. |
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