| Terms
of Use |
| Welcome
to "Entertainment Showcase" (the "Site").
Thank you for visiting and have a great time! |
| It is important to us that you, and our other
visitors, have the best possible time while using our Site, and
that when you use this Site you are fully aware of our respective
legal rights and obligations. For that reason, we have created
these Terms of Use as the legally binding terms to govern your use
of this Site. Please read these Terms of Use carefully before
using the Site, because they affect your legal rights and
obligations. |
Your
Acceptance of Terms
If you do not agree with any of these Terms of Use please do not
use this Site, because by using this Site you will be deemed to
have irrevocably agreed to these terms. |
| Areas of this Site within the proprietary online
service offered by Entertainment Showcase. Online may be
subject to additional terms and conditions, which you should read
carefully before making any use of those areas. Any such terms
will not vary or replace these Terms of Use regarding any use of
this Site, unless otherwise expressly stated. |
| Please note that these Terms of Use may be
revised and reissued without notice at any time by updating this
posting. You should visit this page regularly to review the
current Terms of Use, since your continued use of the Site will be
deemed as irrevocable acceptance of any revisions. These Terms of
Use were last updated on April 11, 2006. |
How
To Contact Us
This Site is controlled and operated by Entertainment Showcase, P.O.Box 168452, Irving, Tx
75016. Please forward any comments or complaints to our
mailing address. Please forward any questions regarding privacy to
our
mailing address.
Please forward any questions regarding other legal matters to our
mailing address. |
Your
Registration
To access this Site or some of the resources it has to offer, you
may be asked to provide registration details. It is a condition of
use of this Site that all the details you provide will be correct,
current, and complete. If we at Entertainment Showcase, believe
the details are not correct, current, or complete, we have the
right to refuse you access to the Site, or any of its resources,
and to terminate or suspend your account. |
| Unless we have received a properly completed and
acceptable parental consent form governing your use of this Site,
we will assume (and by using this Site you warrant that) you have
legal capacity to enter into the agreement set out in these Terms
of Use (i.e., that you are of sufficient age and mental capacity
and are otherwise entitled to be legally bound in contract). |
Online
Privacy Notice
Your privacy is important to us. To better protect your privacy,
we provide a notice explaining our online information practices
and the choices you can make about the way your information is
collected and used at this site. Click
here to show this
notice, which forms part of these Terms of Use. |
Trademarks
and Copyrights
This Site and all materials incorporated by Entertainment Showcase on this Site ("Material") are protected by
copyrights, patents, trade secrets or other proprietary rights
("Copyrights"). Some of the characters, logos or other
images incorporated by Entertainment Showcase on this Site are
also protected as registered or unregistered trademarks, trade
names and/or service marks owned by Entertainment Showcase or
others ("Trademarks"). A list of certain of the
Copyrights and Trademarks can be found here, and that list forms
part of these Terms of Use. Entertainment Showcase respects the
intellectual property rights of others and asks users of this Site
to do the same. |
Your
Use of Material
Your right to make use of this Site and any Material or other
content appearing on it is subject to your compliance with these
Terms of Use. Modification or use of the Material or any other
content on this Site for any purpose not permitted by these Terms
of Use may be a violation of the Copyrights and/or Trademarks and
is prohibited. |
| You may access and display Material and all other
content displayed on this Site for non-commercial, personal,
entertainment use on a single computer only. The Material and all
other content on this Site may not otherwise be copied,
reproduced, republished, uploaded, posted, transmitted,
distributed or used in any way unless specifically authorized by
Entertainment Showcase. Any authorization to copy Material
granted by Entertainment Showcase in any part of this Site for
any reason is restricted to making a single copy for
non-commercial, personal, entertainment use on a single computer
only, and is subject to your keeping intact all copyright and
other proprietary notices. Using any Material on any other web
site or networked computer environment is prohibited. Also,
decompiling, reverse engineering, disassembling, or otherwise
reducing the code used in any software on this Site into a
readable form in order to examine the construction of such
software and/or to copy or create other products based (in whole
or in part) on such software, is prohibited. |
Disclaimer
of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. Entertainment Showcase AND ALL THE MATERIALS, INFORMATION, SOFTWARE,
FACILITIES, SERVICES AND OTHER CONTENT IN Entertainment Showcase ARE PROVIDED "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, Entertainment Showcase DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Entertainment Showcase DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE,
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT Entertainment Showcase WEB SITES OR THE SERVERS THAT MAKE
THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Entertainment Showcase DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER
CONTENT IN Entertainment Showcase OR ANY SITES LINKED TO Entertainment Showcase OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. Entertainment Showcase MAKES NO
WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE,
FACILITIES, SERVICE OR OTHER CONTENT IN Entertainment Showcase WILL NOT INFRINGE THE RIGHTS OF OTHERS AND
Entertainment Showcase ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS
IN SUCH MATERIALS, INFORMATION, SOFTWARE,
FACILITIES, SERVICE OR OTHER CONTENT OF Entertainment Showcase.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF
THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS
WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE
LAW. |
Limitation
of Liability
LANTERN LIGHT PRODUCTIONS DOES NOT ACCEPT ANY LIABILITY FOR ANY
LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY
USE OF, OR INABILITY TO USE, Entertainment Showcase OR THE
MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER
CONTENT ON ENTSHOWCASE.COM REGARDLESS OF THE BASIS UPON WHICH
LIABILITY IS CLAIMED AND EVEN IF Entertainment Showcase HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT
LIMITATION, YOU (AND NOT Entertainment Showcase) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN
THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW
DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF
LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY
TO THE EXTENT PERMITTED BY APPLICABLE LAW. |
Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED
IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER
FORUMS ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE
OF Entertainment Showcase OR ITS AFFILIATED OR RELATED ENTITIES
OR CONTENT PROVIDERS. Entertainment Showcase DOES NOT UNDERTAKE
TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE
RESPONSIBILITY OF Entertainment Showcase. Entertainment Showcase MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR
LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE
FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE
DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE. |
Submissions,
Postings and E-mails
Entertainment Showcase is interested in hearing from you
regarding your questions or comments about our Site. However, Entertainment Showcase
and all of its subsidiaries (including Entertainment Showcase) do not accept unsolicited submissions
of any kind (e.g., scripts, treatments, concepts or any other
materials), in any format, by any means of transmission (including
email). Any such submissions are either returned to the sender
without being reviewed, or deleted or discarded without being
reviewed. Therefore, please do not send unsolicited submissions of
any kind to any Entertainment Showcase Company. |
| From
time to time, areas on this Site may expressly request submissions
of concepts, stories, or other potential content from you
('Invited Submissions'). Where this is the case, please carefully
read any specific rules or other terms and conditions which appear
elsewhere on this Site to govern those submissions ('Additional
Terms'), since they will affect your legal rights. If no
Additional Terms govern those submissions, then these Terms of Use
will apply in full to any Invited Submissions you make. In
any event, any material you send to us will not be treated as
confidential. |
| Please
act responsibly when using this Site. You may only use this Site
and its contents for lawful purposes and in accordance with
applicable law and you are prohibited from storing, distributing
or transmitting any unlawful material through this Site. You may
not collect or store personal information regarding other users.
You recognize that storing, distributing or transmitting unlawful
material could expose you to criminal and/or civil liability. You
agree that if a third party claims that material you have
contributed to the Site is unlawful, you will bear the burden of
establishing that it is lawful. You understand and agree that all
materials publicly posted (other than by Entertainment Showcase) or privately transmitted on or through this Site are
the sole responsibility of the sender, not Entertainment Showcase, and that you are responsible for all material you
upload, post or otherwise transmit to or through this Site. |
| We
at Entertainment Showcase require that you do not post e-mails
or submit to or publish through Forums or otherwise make available
on this Site any content, or act in a way, which in our opinion: |
(a)
libels, defames, invades privacy, stalks, is obscene,
pornographic, racist, abusive, harassing, threatening or
offensive;
(b) seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable details
or otherwise;
(c) infringes any intellectual property or other right of any
entity or person, including violating anyone's copyrights or
trademarks or their rights of publicity;
(d) violates any law or may be considered to violate any law;
(e) you do not have the right to transmit under any contractual or
other relationship (e.g., inside information, proprietary or
confidential information received in the context of an employment
or a non-disclosure agreement);
(f) advocates or promotes illegal activity;
(g) impersonates or misrepresents your connection to any other
entity or person or otherwise manipulates headers or identifiers
to disguise the origin of the content;
(h) advertises any commercial endeavor (e.g., offering for sale
products or services) or otherwise engages in any commercial
activity (e.g., conducting raffles or contests, displaying
sponsorship banners, and/or soliciting goods or services) except
as specifically authorized on this Site;
(i) solicits funds, advertisers or sponsors;
(j)
includes programs which contain viruses, worms and/or ‘Trojan
horses' or any other computer code, |
|
files
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications;
(k) disrupts the normal flow of dialogue, causes a screen to
scroll faster than other users are able to type, or otherwise act
in a way which affects the ability of other people to engage in
real time activities via the Site;
(l) copies any other pages or images on this Site except with
appropriate authority;
(m) includes MP3 format files; |
(n) amounts to a ‘pyramid' or similar scheme;
(o) amounts to ‘data warehousing' (i.e., using any web space
made available to you as storage for large files which are only
linked from other sites). You must provide a reasonable amount of
content to accompany such material in order that at least some of
the traffic to your site comes directly via us;
(p) disobeys any policy or regulations established from time to
time regarding use of this Site or any networks connected to this
Site; or
(q) contains links to other sites that contain the kind of
content, which falls within the descriptions set out at (a) to (p)
above. |
| In addition, you are prohibited from removing any
sponsorship banners or other material inserted by Entertainment Showcase
anywhere on this Site (e.g., on any web space made
available for your use). |
System
Abuse
Without limitation, you agree not to send, create or reply to so
called "mailbombs" (i.e., emailing copies of a single
message to many users, or sending large or multiple files or
messages to a single user with malicious intent) or engage in
"spamming" (i.e., unsolicited emailing for business or
other purposes) or undertake any other activity which may
adversely effect the operation or enjoyment of this Site by any
other person. |
| You may not reproduce, sell, resell or otherwise
exploit any resource, or access to any resource, contained on this
Site. |
Security
Any passwords used for this Site are for individual use only. You
shall be responsible for the security of your password (if any). Entertainment Showcase
shall be entitled to monitor your
password and, at its discretion, require you to change it. If you
use a password that Entertainment Showcase considers insecure, Entertainment Showcase
will be entitled to require this to be
changed and/or terminate your account. |
| You are prohibited from using any services or
facilities provided in connection with this Site to compromise
security or tamper with system resources and/or accounts. The use
or distribution of tools designed for compromising security (e.g.
password guessing programs, cracking tools or network probing
tools) are strictly prohibited. If you become involved in any
violation of system security, Entertainment Showcase reserves
the right to release your details to system administrators at
other sites in order to assist them in resolving security
incidents. |
Investigations
Entertainment Showcase reserves the right to investigate
suspected violations of these Terms of Use, including without
limitation any violation arising from any submission, posting or
e-mails you make or send to any Forum. Entertainment Showcase may seek to gather information from the user who is suspected of
violating these Terms of Use, and from any other user. Entertainment Showcase
may suspend any users whose conduct or postings
are under investigation and may remove such material from its
servers as it deems appropriate and without notice. If Entertainment Showcase
believes, in its sole discretion, that a
violation of these Terms of Use has occurred, it may edit or
modify any submission, posting or e-mails, remove the material
permanently, cancel postings, warn users, suspend users and
passwords, terminate accounts or take other corrective action it
deems appropriate. Entertainment Showcase will fully cooperate
with any law enforcement authorities or court order requesting or
directing Entertainment Showcase to disclose the identity of
anyone posting any e-mails, or publishing or otherwise making
available any materials that are believed to violate these Terms
of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Entertainment Showcase
FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY Entertainment Showcase DURING OR AS A RESULT OF
ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE
OF INVESTIGATIONS BY EITHER Entertainment Showcase OR LAW
ENFORCEMENT AUTHORITIES. |
Service
In order to use this Site, you must obtain access to the World
Wide Web and pay any service fee associated with that access. You
will need to provide all equipment necessary to connect to the
Site on the World Wide Web (including a computer, modem and/or
other access devices). |
| Entertainment Showcase, reserves the right to
modify or discontinue, temporarily or permanently, all or any part
of this Site and/or any software, facilities and services on this
Site, with or without notice, and/or to establish general
guidelines and limitations on their use. |
Local
Regulations
Entertainment Showcase makes no representation that Materials
or other content in the Site are appropriate or available for use
outside the United States, its territories, possessions and
protectorates. If you choose to access the Site from other
locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the
extent local laws are applicable. You specifically agree to comply
with all applicable laws concerning the transmission of technical
data exported from the United States or the country you reside
in. |
Indemnity
You agree to indemnify and hold harmless Entertainment Showcase and its officers, directors, employees, agents, distributors and
affiliates from and against any and all claims, demands,
liabilities, costs or expenses, including reasonable attorney's
fees, resulting from your breach of any of the foregoing
provisions, representations or warranties, and/or from your
placement or transmission of any content onto Entertainment Showcase' servers, and/or from any and all use of your
account. |
Our
Use of Content
Entertainment Showcase will consider anything you provide to Entertainment Showcase
and/or contribute to this Site as
available for our use free of any obligations to you, except where
we have expressly solicited Invited Submissions and those
submissions are expressly governed by Additional Terms appearing
elsewhere on this Site (see ‘Submissions, Postings and E-mails'
above), in which event those Additional Terms will determine how
we will treat your Invited Submissions. |
| Subject to the provisions of
any Additional Terms, by posting or uploading any content to this
Site and/or providing any communication or material to Entertainment Showcase
("User Content"), you automatically
and irrevocably: (a) grant and assign to Entertainment Showcase any and all rights in the User Content throughout the world
including without limitation all copyright, together with all
consents (if any) necessary to enable its reproduction,
distribution, modification, publishing |
| and/or
other exploitation by Entertainment Showcase and/or by any
person authorized by Entertainment Showcase, by any means and
in all media now known or hereafter devised without payment or
other reference to you or any other person, and to advertise and
promote such exploitation, for the full period of all such rights
(together with any extensions and renewals) and insofar as
possible in perpetuity; (b) waive all moral rights in the User
Content which may be available to you in any part of the world and
confirm that no such rights have been asserted; (c) appoint Entertainment Showcase
as your agent with full power to enter
into any document and/or do any act Entertainment Showcase may
consider appropriate to confirm the grant and assignment, consent
and waiver set out above; (d) warrant that you are the owner of
the User Content and entitled to enter into these Terms of Use;
(e) confirm that no such User Content will be subject to any
obligation, of confidence or otherwise, to you or any other person
and that Entertainment Showcase shall not be liable for any use
or disclosure of such User Content. |
Third-Party
Sites
This Site may link you to other sites on the Internet. These sites
may contain information or material that some people may find
inappropriate or offensive. These other sites are not under the
control of Entertainment Showcase, and you acknowledge that
(whether or not such sites are affiliated in any way with Entertainment Showcase)
Entertainment Showcase is not responsible
for the accuracy, copyright compliance, legality, decency, or any
other aspect of the content of such sites. The inclusion of such a
link does not imply endorsement of any site by Entertainment Showcase
or any association with its operators. |
| Entertainment Showcase
cannot ensure that you will be satisfied with
any products or services that you purchase from any third-party
site that links to or from Entertainment Showcase since other
shop channels are owned and operated by independent retailers. Entertainment Showcase
does not endorse any of the merchandise,
nor has Entertainment Showcase taken any steps to confirm the
accuracy or reliability of any of the information contained in
such third-party sites. Entertainment Showcase does not make
any representations or warranties as to the security of any
information (including, without limitation, credit card and other
personal information) you might be requested to give any third
party, and you irrevocably waive any claim against us with respect
to such sites. We strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding
with any online transaction with any of these third parties. For
further information about the policies of online stores in the Entertainment Showcase
shopping mall, click
here. |
Proprietary
Online Services
Any area of this Site that is accessed through any proprietary
online service is subject to the rules, policies and guidelines of
such proprietary online service. |
Jurisdictional
Issues
The Materials and all other content in this Site are presented
solely for the purpose of providing entertainment and information
and promoting programs, films, music, and other products available
in the United States, its territories, possessions, and
protectorates. The Site is controlled and operated by Entertainment Showcase
from its offices within the State of California,
United States of America. |
| These
Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the State of California, as they are
applied to agreements entered into and to be performed entirely
within California. Any action you, any third party or Entertainment Showcase
may bring to enforce these Terms of Use or, in
connection with any matters related to the Site shall be brought
only in either the State or Federal Courts located in Williamson
County, Texas and you expressly consent to the jurisdiction of
said courts. |
| If
any provision of these Terms of Use shall be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed
severable for this agreement and shall not affect the validity and
enforceability of any remaining provisions. This is the entire
agreement between the parties relating to the matters contained
herein. |
Claims
of Infringement
If you believe that any content appearing on this Site infringes
your copyright rights, we at Entertainment Showcase want to
hear from you. Please forward the following information in writing
to the Copyright Agent at the address listed below. |
(a)
your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been
infringed;
(c) the exact URL or a description of each place where alleged
infringing material is located;
(d) a statement by you that you have a good faith belief that the
disputed use has not been authorized by you, your agent, or the
law;
(e) your electronic or physical signature or the electronic or
physical signature of the person authorized to act on your behalf;
and
(f) a statement by you made under penalty of perjury, that the
information in your notice is accurate, that you are the copyright
owner or authorized to act on the copyright owner's behalf. |
Copyright
Agent
Entertainment Showcase Inc.
Mail a letter to our mailing
address |
| Entertainment Showcase
seeks to preserve any and all exemptions from
liability that may be available under the copyright law, but does
not necessarily stipulate that it is a service provider as defined
in USC section 512(c) or elsewhere. |
|