Terms Of Service
Welcome
to the brokencurve.com website (the "Site"). PLEASE READ
THESE TERMS OF USE (the "Terms") CAREFULLY BEFORE USING
THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE. This
site is subject to the the Terms, which may be updated by us from
time to time without notice to you. In addition, you shall be subject
to any posted guidelines or rules applicable to the Site which may be
posted from time to time. All such guidelines or rules are hereby
incorporated by reference into these Terms.
1. Registration
In consideration of your use of the Site, you agree to provide
true, accurate and complete information about yourself as prompted by
the Site registration or ordering process, provided that in
connection with registration, you do not need to, and should not, use
your full or true name for your username. In addition, you agree to
update that information in order to maintain its truth, accuracy and
completeness. We may deny you access to the Site or reject your order
in the event that your information is untrue, inaccurate or
incomplete. Unless you cannot remember your username and/or password,
you may only register once for use of the Site.
2. Limited License To
Site
You are granted the limited right to view and use the Site only
for the purposes of viewing or playing content such as films or
games, placing product orders or for accessing information and
services. We reserve the right to suspend or deny, in its sole
discretion, your access to all or any portion of the Site.
If you violate these Terms, we may terminate or cancel your access
rights to the Site immediately without notice. We may also block your
use of the Site. We reserve the right at any time to modify or
discontinue the Site or any part thereof and you agree that we shall
not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Site or any part thereof. This
license is limited to personal and non-commercial uses by you. Any
rights not expressly granted to you herein are reserved to us. No
portion of this Site is targeted to children, and any minor should
seek consent of his or her legal guardian before using this site.
Unless you have received specific written permission from us, you may
not (a) "frame" or otherwise impose editorial comment,
commercial material or any information or content on, or in proximity
to, content displayed on the Site or (b) alter or modify any content
on the Site. Without limiting other restrictions, you agree not to
reproduce, transmit, sell, or otherwise exploit the Site for any
commercial purpose. Please be aware that we have created or may
create in the future certain areas on the Site that contain adult or
mature content. You must be at least 18 years of age to access and
view such areas.
The Site may allow users to upload, post, and/or distribute user
submitted content, and use of the Site for this purpose is subject to
the following conditions:
You understand that all user
feedback, data, comments, suggestions, information, text, data,
software, sounds, photographs, audio, audiovisual, video, artwork,
graphics, messages and other materials of any nature ("Materials")
that are transmitted to or via the Site are the sole responsibility
of the person from which the Materials originated. This means you,
and not us, are entirely responsible for the Materials you transmit
through the Site. Further, you understand that by using the Site you
may be exposed to Materials that are offensive, objectionable or
indecent.
You shall not create a user name
or screen name or upload to, distribute through or otherwise publish
through the Site any Materials which are libelous, defamatory,
threatening, invasive of privacy or publicity rights, harmful of
minors in any way, abusive, illegal or harassing, or contain
expressions of hatred, bigotry, racism, or are otherwise
objectionable, or that would constitute or encourage a criminal
offense, violate the rights of any party or violate any law or that
you do not have a right to make available under contractual or
fiduciary relationships.
Your Materials, user name and/or
screen name will not disparage in any manner brokencurve.com, its
owners, advertisers, products, or services and sites.
Your Materials shall not infringe
the copyright, trademark, publicity/privacy right or other
intellectual property right of any third party.
You shall not upload to,
distribute through or otherwise publish through the Site any
Materials that are directly or indirectly commercial in nature or
contain any solicitation of funds, promotion, advertising or
solicitation for goods or Site. You specifically acknowledge that
soliciting other users to join or become users or members of any
commercial online web site or other organization is expressly
prohibited.
You shall not upload to,
distribute through or otherwise publish through the Site any
Materials that contain viruses or any other computer code, corrupt
files or programs designed to interrupt, destroy or limit the
functionality or disrupt any software, hardware, telecommunications,
networks, servers or other equipment.
You shall not act in a manner that
negatively affects other users' ability to interact with the Site.
You shall not collect or store personal data about other
users.
You acknowledge that we do not pre-screen any Materials posted by
you or other users, but that we and our designees shall have the
right (but not the obligation) in our sole discretion to refuse or
remove any Materials. Without limiting any of our rights, we and our
designees shall have the right to remove any Materials that violate
the Terms or are otherwise objectionable, as well as terminate your
access to the Site. You agree that we have no liability or
responsibility for the storage or deletion of any Materials that you
or any other persons submit or post. We reserve the right to change
these general practices and limits at any time in our sole
discretion. Unless you enter into a separate agreement with us, such
as through the Contest, we do not claim ownership in Materials you
submit, however, by submitting Materials in any form to us, in
addition to other provisions of the Terms, you automatically grant
brokencurve Entertainment Media Group, and its successors,
assigns, and licensees and parent, subsidiary and other affiliated
entities ("brokencurve Entertainment Media Group"), an
exclusive, fully-paid, world-wide, royalty-free license to publicly
display, publicly perform, distribute, and reproduce the Materials in
any manner and in any medium, including, without limitation, through
physical copies such as still photos, videos, and CDs, by television
by any means, on or via the Internet, including, without limitation,
the World Wide Web, and any other two-way transmission control
protocol / internet protocol (TCP/IP) based distribution network or
similar networks or technologies now known or hereafter to become
known, including, but not limited to, delivery via such a network to
personal computers, hand-held devices, and television set-top boxes
through telephone or cable lines, or wirelessly through broadband,
satellite, cellular or terrestrial broadcast networks and other
similar networks or technologies whether now existing or hereafter
developed. You obtain no rights in any form, media, or technology
incorporating the Materials.
3. Private Policy
Information that you submit is subject to our Privacy Policy. For
more information, see our full privacy policy at
http://www.brokencurve.com/privacy.aspx . Your use of the Site is
your consent to the Privacy Policy.
4. Password And
Security
You are responsible for maintaining the confidentiality of YOUR
password and account, and are fully responsible for all activities
that occur under your password or account. You agree to immediately
notify us of any unauthorized use of your password or account or any
other breach of security. You acknowledge, consent and agree that we
may access, preserve, and disclose your account information and
Material if required to do so by law or in a good faith belief that
such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce these Terms; (c) respond
to claims that any Materials violates the rights of third-parties;
(d) respond to your requests for customer service; or (e) protect the
rights, property, or personal safety of us, our users and the public.
You understand that the technical processing and transmission
involved in interacting with the Site, including the transmission of
Materials, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of
connecting networks or devices. You understand that the Site may
include security components that permit digital materials to be
protected, and use of these materials is subject to usage rules set
by us and/or content providers who provide content to the Site. You
may not attempt to override or circumvent any of the usage rules
embedded into the Site.
5. Contests And
Rating Content
From time to time, we may conduct contests in which we may award
various prizes. You agree that if you participate in any contest, you
will abide by all the rules and be subject to all the terms and
conditions of such contest, in addition to these Terms. You agree
that you shall only rate each individual instance of content on our
Site, such as videos, still pictures, flash animation, games and joke
only once.
6. International Use
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable
Materials. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside.
7. Indemnity
You agree to indemnify and
hold us, brokencurve Entertainment Media Group, affiliates,
officers, agents, partners and employees harmless from any claim or
demand, including reasonable attorneys fees, arising out of your
content and materials, your use of the Site, your violation of these
Terms or your violation of any third party's rights including such
party's copyrights and trademarks.
8. Disclaimer Of
Warranties
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT
BETWEEN YOU AND US, THE SITE AND RELATED APPLICATIONS, MATERIALS AND
SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF
ANY KIND AND WITH ALL RISKS. WE HEREBY DISCLAIM TO THE MAXIMUM EXTENT
PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK
OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS
CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, comPLETENESS,
RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION
ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE
EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE,
APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION
WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
ADDITION, WE DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR
QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND
RELATED INFORMATION.
9. Assumption And
Risks
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED
INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN
DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR comPUTER OR LOSS OF DATA. BY VIEWING THIS SITE, READING comMENTS
BY OTHER USERS OR ACCESSING APPLICATIONS AND SERVICES RELATED TO THIS
SITE YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE
LANGUAGE OR REFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE
FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY
THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
10. No Incidental,
Consequential Or Certain Other Damages
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE
NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY
OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING
BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO
MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH,
LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT,
SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE
RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY
BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT
(INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Limitation Of
Liability And Exclusive Remedy
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY
US OR ANY OF OUR AFFILIATES OR AGENTS SHALL BE, AT OUR OPTION, (1)
SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR
PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE
RELIANCE ON US; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO US. YOU
AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF
ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. Links;
Advertisers
The Site contains links to third party sites that are not under
our control and we not responsible for any content on any linked
site. If you access a third party site from the Site, then you do so
at your own risk. We provide links only as a convenience and the
inclusion of the link does not imply that we endorse or accept any
responsibility for the content on those third party sites.
Additionally, your dealings with or participation in promotions of
advertisers found on the Site, including payment and delivery of
goods, and any other terms (such as warranties) are solely between
you and such advertisers. You agree that we shall not be responsible
for any loss or damage of any sort relating to your dealings with
such advertisers.
13. General Practices
Regarding Use And Storage
You acknowledge that we may establish general practices and limits
concerning use of the Service, including without limitation the
maximum number of days that Materials will be retained by the Site,
the maximum number of Materials that may be sent from or received by
an account, the maximum size of any Materials, the maximum disk space
that will be allotted to you, and the maximum number of times (and
the maximum duration for which) you may access the Site in a given
period of time. You acknowledge that we reserve the right to log off
accounts that are inactive for an extended period of time.
14. Our Proprietary
Rights
You acknowledge and agree that the Site and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that content contained in sponsor
advertisements or information presented to you through the Site or
advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by us or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Site or the Software, in whole or in part. We grant you a personal,
non-transferable and non-exclusive right and license to use the
object code of its Software on a single computer; provided that you
do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including, without
limitation, for the purpose of obtaining unauthorized access to the
Site.
15. No Third Party
Beneficiaries
You agree that, except as otherwise expressly provided in these
Terms, there shall be no third party beneficiaries to this Agreement.
16. Notice And
Amendments
We may provide you with notices, including those regarding changes
to these Terms, by either e-mail, regular mail, or postings on the
Site. Any use of the Site or order by you after such updating shall
be deemed to constitute acceptance of such amendments, modifications,
or new conditions. If you do not want to be bound by an amendment,
you will need to terminate your registration, if any, and refrain
from using the Site. Except as expressly stated otherwise, any
notices required or allowed under these Terms shall be given to us by
e-mail or by detailed message to:
webmaster@brokencurve.com
or as to a
successor address that we make available on the Site or through other
reasonable manner. If applicable law requires that we accept e-mail
notices (but not otherwise), then you may send us e-mail notice at
webmaster@brokencurve.com>
With respect to our
notices to you, we may provide notice of amendments by posting them
in the Site and you agree to check for changes. Instead or in
addition, we may give notice by sending email to the email address
you provide during registration.
17. Procedure For
Making Claims of Copyright Or Intellectual Property Infringement
We respect the intellectual property of others, and we ask our
users to do the same. We may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be
repeat infringers. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide us with
the following information:
1. an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual
property interest;
2. a description of the copyrighted work or
other intellectual property that you claim has been infringed;
3.
a description of where the material that you claim is infringing is
located on the site;
4. your address, telephone number, and email
address;
5. a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its
agent, or the law;
6. a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and
that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner's
behalf.
Notice of claims of copyright or other intellectual property
infringement can be delivered as follows, by email:
webmaster@brokencurve.com>
18. General
Information
Entire Agreement. These Terms constitute the entire agreement
between you and us and govern your use of the Site, superseding any
prior agreements. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other
services, affiliate services, third-party content or third-party
software. Resolution of Disputes. You agree that any controversy
arising out of or in connection with our relationship, or a dispute
with reference to these Terms, their validity or effect will be
governed by the laws of the state of California. Any controversy
arising out of or in connection with use of the Site or these Terms,
their validity or effect, will be conclusively determined by
arbitration in the City of Los Angeles in accordance with the rules
of the American Arbitration Association; provided, however, that such
arbitration will be held before a single arbitrator selected by the
parties, which arbitrator must be well acquainted with the digital
entertainment Internet industry. You agree that any proceeding that
you may choose to bring against us will be initiated within six (6)
months after the alleged date of the event bringing rise to such
dispute. You waive any and all rights and benefits which you or we
might otherwise have or be entitled to litigate any such dispute in
court, because it is your intention to arbitrate all such disputes
according to the provisions hereof. The arbitrator's decision will be
controlled by these Terms. Any such decision and accompanying award
will provide for each party, respectively, to bear its own costs of
arbitration and attorneys fees. The pendency of an arbitration, the
proceedings, any evidence or other material, and any award shall be
maintained and remain confidential, except that an award may be
confirmed by a court of competent jurisdiction if it has not been
fully satisfied within 14 days of its issuance. Waiver and
Severability of Terms. Our failure to exercise or enforce any right
or provision of these Terms shall not constitute a waiver of such
right or provision. If any provision of these Terms is found by a
court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of these Terms shall remain in full force and effect.
19. Violations
Please report any violations of these Terms to us at
webmaster@brokencurve.com
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