Dark Elegy Films
Terms of Use
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.THESE ARE THE TERMS AND CONDITIONS
GOVERNING YOUR USE OF THE SITE.
This Site, and the information, Content and services it makes available (which, collectively are referred to as the "Site"), is provided to you by Dark Elegy Films ("DEF" or "We" or "Us"). These Terms of Use (this "Agreement")set forth the terms and conditions governing your use of this Site and apply to all web sites owned or operated by us (however accessed and/or used, whether via personal computers, mobile devices or otherwise) that post a link to this Agreement and other interactive features that are accessible or downloadable though the web sites owned or operated by us. By accessing or using this Site you accept and agree to be legally bound by this Agreement as it may be amended or supplemented from time to time. If you do not agree with the terms of this Agreement, do not use this Site. In addition, we may post additional guidelines that apply to certain features we offer on this Site (such as message boards, chat rooms, blogs or similar forums), and you will be subject to such additional guidelines when you access these features. To the extent there is a conflict between this Agreement and the terms of any additional guidelines, the additional guidelines will control, unless the additional guidelines expressly state that this Agreement will control.
1. Modifications to this Agreement. We may make changes to this Agreement from time to time in our sole discretion, by updating and posting the revised Agreement on this Site, and specifying the effective date of the new version of the Agreement. Your use of the Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, when you visit this Site you should periodically check to see if a new version of the Agreement has been posted. Please also review our Privacy Policy.2. Site Content. This Site contains a variety of (1) copyrighted material, such as information, articles, opinions, other text, directories, guides, graphics, photographs, illustrations, images, video and audio clips, trailers, music clips, sound clips, advertising and promotional materials, data, software, compilations, designs, graphical interface, and overall "look and feel", and (2) trademarks, logos, trade names, service marks, and trade identities, including the individual names of motion pictures, or other entertainment properties and providers, and the domain names and URLs associated therewith, whether registered or unregistered (collectively the "Trademarks"), and (3) other forms of intellectual property (all of the foregoing collectively and individually are referred to as "Content").
(a) Ownership. This Site (including past, present and future versions) and its Content are owned by DEF or its licensors. All right, title, and interest in and to the Content available via the Site is the property of DEF or its licensors, and is protected by U.S. and international copyright, trademark, patent, or other proprietary rights and laws. Except to the minimum extent otherwise expressly permitted under applicable law or this Agreement, no copying or other exploitation of Content from the Site is permitted without the express prior written permission of DEF or the applicable owner thereof. This applies to copyrighted Content regardless of whether or not a copyright notice appears on such materials, and applies to Trademarks, whether registered or unregistered, and regardless of whether or not a trademark notice appears on such materials.
(b) License. We grant you a nonexclusive, nontransferable, revocable, limited license to view, download, copy, and print Content retrieved from the Site only for your personal, non-commercial use. You may not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content. Except to the minimum extent otherwise expressly permitted under applicable law, you may not use any Content available via the Site in any other manner or for any other purpose without the prior express written permission of DEF or its licensor, as applicable.
(c) Title. Title to any Content that you download or print is not transferred to you. You may own the medium on which the Content is recorded or printed, but we or our licensor retain all right, title, and interest in and to such Content, and all intellectual property rights therein. You acknowledge that you do not acquire any ownership rights in any Content by using the Site or by virtue of downloading, printing, modifying or using Content from the Site. All rights not expressly granted in this Agreement are expressly reserved to DEF or its licensors.
(d) Separately Licensed Content. In some instances, certain Content that you download from the Site is subject to a separate license agreement or other specific terms and conditions which will be provided at the time you download or install the Content. In those situations, such license agreement or other applicable terms and conditions will control in lieu of this Agreement.
3. Acceptable Use. You may use the Site only for lawful purposes, and you agree that you shall at all times comply with all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Site. In addition, while using the Site, you agree that you will not do any of the following:• Inappropriate Submissions. Submit to or on the Site, anything that is or may be: (i) harmful, threatening, abusive, harassing, degrading, hateful, or intimidating; (ii) defamatory, libelous, or disparaging of any person or entity; (iii) false, fraudulent, or tortious; (iv) obscene, indecent, pornographic, vulgar, profane, or sexually explicit; (v) intended to promote (or have the effect of promoting) violence, racial hatred, terrorism or illegal acts; (vi) infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party; (vii) in violation of any other rights of any person or entity; (viii) violative of any law or regulation; or (ix) otherwise objectionable, in DEF's sole discretion.
• Viruses; Malware. Submit any virus, worm, "Trojan Horse", "easter egg", "time bomb", spyware, or any other computer code, file, or program that may or is intended to damage, hijack or otherwise interfere with the operation of the Site or any hardware, software, or telecommunications equipment or with any third party's uninterrupted use and enjoyment of the Site.
• No Spam. Submit any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunities, or any other form of solicitation.
• Collecting Personal Information. Collect or harvest personally identifiable information about other users of the Site or "stalk" or otherwise harass other persons.
• Impersonation. Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity, including DEF; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submissions to us or through the Site; or expressly state or imply that we endorse any statement you make.
• Security, Cracking & Hacking. Violate or attempt to violate the security of any portion of the Site, including but not limited to: (i) access Content not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempt to interfere with or disrupt the Site or the servers or networks that provide the Site, including without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site; or (v) restrict or inhibit any other user from accessing or using the Site, including, without limitation, by means of hacking or defacing any portion of the Site.
• Reverse Engineering. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
• Data Mining, Scraping, Etc. Except for search engines presenting links to users searching for DEF and related entertainment content, use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," scrape, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, unless otherwise permitted by DEF in writing in advance.
4. Site Content and Performance.
(a) Accuracy of Content. While we strive to keep the Content that we post on the Site accurate, complete, and up-to-date, we cannot and do not guarantee, represent or warrant that any of the Content on this Site (whether posted by us, a User, or any other third party) is accurate, complete, timely or applicable to you, nor do we have any obligation or undertaking to update the Site.
(b) Links to Other Sites. The Site may provide links to other web sites and/or resources (including advertisements) that we do not maintain or are not under our control ("Third Party Web Sites"). We do not control any Third Party Web Sites linked to from the Site, and your dealings with such Third Party Web Sites are solely between you and such third parties. We are not responsible for, and we make no representations or warranties with respect to, the Content, products, services, personal information practices, ownership, or legality of any such linked Third Party Web Site unless expressly stated by us. Your use of such Third Party Web Sites is subject to the terms and conditions established by such third parties, and we encourage you to review their user terms and privacy policies before you use their services. Your access to and use of such Third Party Web Sites is solely at your own risk, and you agree that we will not be responsible or liable for any loss or damage of any sort that you may suffer as the result of your dealings with such Third Party Web Sites.
(c) Linking to the Site. If you link to this Site, you must adhere to these guidelines: (1) the link to this Site must not damage, dilute or tarnish the goodwill associated with any DEF names and/or intellectual property; (2) the link to this Site must not create the false appearance that your web site and/or organization is sponsored by, endorsed by, affiliated with, or associated with DEF; (3) you may not "frame" this Site or alter its Content in any other way; and (4) you may not link to this Site from a web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by DEF in its sole discretion.
7. Your Contact With Advertisers or Other Third Parties. Your interaction with suppliers, advertisers, or other third parties that may appear on or be accessible through the Site are solely between you and such third party. This may include, but is not limited to, your participation in promotions, disclosure of information, use of software or other third party materials, reliance upon advertising claims, the payment for and delivery of goods or services, and any terms, conditions, warranties, or representations associated with such interactions. DEF does not make any representations or warranties with respect to any products or services that may be obtained from such third parties, and you agree that DEF will have no obligations or liability with respect to any loss or damage of any kind incurred as a result of your contact with such third party.
8. DISCLAIMER OF WARRANTIES WITH RESPECT TO SITE. THE SITE (INCLUDING, WIHTOUT LIMITATION, ALL CONTENT, LINKS, MESSAGES, PRODUCTS, SERVICES, DOWNLOADS AND OTHER MATERIALS CONTAINED ON AND/OR OBTAINED THROUGH THE SITE) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEF AND ITS AFFILIATES AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES (COLLECTIVELY THE "DEF PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE DEF PARTIES DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR THAT YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER THAT MAKES IT AVAILABLE) IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET CONNECTIONS, HARDWARE AND SOFTWARE NEEDED TO ACCESS AND USE THE SITE, AND FOR PAYING ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY DEF PARTY, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
FURTHER, THE DEF PARTIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE EPG PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
THE DEF PARTIES WILL NOT BE LIABLE FOR YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OR ERRORS CONTAINED ON THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
11. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL THE EPG PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE EPG PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE DEF PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER MODEM, CELL PHONE, MOBILE DEVICE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY US OR OUR LICENSORS, OR ANY OTHER EQUITABLE REMEDY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SITE, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
9. Indemnification You agree to indemnify, defend and hold the DEF Parties, harmless from and against any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including attorneys' fees), or other expenses that directly or indirectly arise from or are otherwise directly or indirectly connected to:
(a) your breach or alleged breach of this Agreement;
(b) your use of the Site or activities in connection with the Site;
(c) your Submissions; or
(d) your violation of any law, rule or regulation. You will cooperate as fully required by the DEF Parties in the defence of any claim. DEF reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of DEF.10. Compliance. You understand and agree that we will determine your compliance with this Agreement in our sole discretion. Any violation of this Agreement may be referred to law enforcement authorities.
11. Miscellaneous Terms
(a) Modification or Suspension of the Site. We reserve the right, at any time and without notice to you, to modify, add, suspend, or discontinue, temporarily or permanently, the entire Site or any portion of the Site, in our sole discretion. This includes the right to modify, discontinue or remove any Content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we shall not be liable to you for any modification, general suspension or discontinuance of any aspect of the Site. We may, in our sole discretion, refuse or restrict anyone from access to the entire Site or any portion of the Site at any time
(b) Jurisdiction / Location. Unless otherwise specified, the Site and its Content are presented solely for the purpose of promoting the entertainment, information, and community resources and services available in, and other uses in, the United States. We control and operate the Site from within the State of California, United States of America, and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. We make no representation or warranty that the Site, or any Content or other materials available on the Site, are appropriate or available for use in other locations. Those who choose to access the 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.
(c) Severability of Agreement. If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
(d) Applicable Law. This Agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of the State of California and the United States of America without giving effect to any principles of conflicts of law. Any legal action or proceeding between DEF and you related to this Agreement or otherwise arising out of usage of this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in or having jurisdiction over the County of Los Angeles, State of California, and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.
15. Contact Information. If you have any questions or concerns with respect to this Agreement or the Site you may contact us by e-mail at info@darkelegy.com
