PLEASE READ THESE TERMS
OF USE CAREFULLY. THIS IS A CONTRACT. BY USING THIS
WEB SITE, YOU ACCEPT ALL TERMS, CONDITIONS AND RESPONSIBILITIES
OF THIS AGREEMENT.
1. Introduction
This web site ("Web Site") is operated by
ASYLUM ENTERTAINMENT, LLC ("ASYLUM", "we"
or "us"). In this agreement, the term Web
Site includes all web sites and web pages within asylumentertainment.com
as well as any equivalent, mirror, replacement, substitute
or backup web sites and web pages thereto and thereof.
Please also review the terms of our Privacy Policy.
Your use of this Web Site is subject to the following
Terms of Use. You agree to the Terms of Use by accessing
this Web Site and/or by accepting any information from
this Web Site. ASYLUM reserves the right, in its sole
discretion, to modify, alter or otherwise change the
Terms of Use at any time. Please check these Terms of
Use periodically for changes. By using this Web Site
after any changes to these Terms of Use are posted,
you are indicating your acceptance of those changes.
This agreement does not cover your rights or responsibilities
with respect to third party content or sites or any
links that may direct your browser or your connection
to third party sites or pages. This is the entire and
exclusive agreement between you and us regarding use
of the Web Site and it cannot be modified, except as
specifically described herein.
This Web Site is offered and made available only to
users 13 years of age or older. If you are not yet 13
years old, please discontinue using this Web Site immediately
or if, for any reason, you do not agree with all of
the terms and conditions contained herein, please discontinue
using the Web Site immediately.
The Web Site and the information contained in reference
herein are for informational and entertainment purposes
only. Despite our efforts to provide useful and accurate
information, errors may appear from time to time. Before
you act on information you've found on the Web Site,
you should confirm any facts that are important to your
decision. This Web Site and its information providers
make no warranty as to the reliability, accuracy, timeliness,
usefulness or completeness of the information on the
Web Site. ASYLUM is not responsible for, and cannot
guarantee the performance of, goods and services provided
by our advertisers or others to whose web sites we link.
2. Ownership of Intellectual
Property
All Web Site software, design, text, images, photographs,
illustrations, audio and video material, artwork, graphic
material, database, proprietary information and all
copyrightable or otherwise legally protectible elements
of the Web Site including, without limitation, the selection,
sequence and "look and fee" and arrangement
of items, s (individually and/or collectively "Material"),
are the property of ASYLUM, its subsidiaries, affiliates,
licensors or suppliers and are legally protected, without
limitation, under the U.S. federal and sate, as well
as applicable foreign, laws, regulations and treaties.
ASYLUM may add, change, discontinue, remove or suspend
any of the Material at any time, without notice and
without liability. Any reproduction, copying or redistribution
for commercial purposes of the Materials or design elements
of the Web Site is strictly prohibited without the express
written consent of ASYLUM or its owner if ASYLUM is
not the owner. All rights in the product names, company
names, trade names, logos, product packaging and designs
of ASYLUM or third-party products or services whether
or not appearing in large print or with the trademark
symbol, belong exclusively to ASYLUM, as applicable,
or their respective owners, and are protected from reproduction,
imitation, dilution or confusing or misleading uses
under national and international trademark and copyright
laws, as applicable. The use or misuse of these trademarks
or any materials, except as permitted herein, is expressly
prohibited and noting stated or implied on this Web
Site confers on you any license or right under any patent,
copyright or trademark of ASYLUM or any third party.
3. Copyright Agent
Pursuant to the terms of the Digital Millennium Copyright
Act, ASYLUM has designated a Copyright Agent to receive
notice of claims of copyright infringement on the Web
Site. ASYLUM's Copyright Agent may be reached by e-mail
at info@asylument.com.
If you believe that your work has been copies in a
way that constitutes copyright infringement please promptly
provide the Copyright Agent the following information:
(a) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest;
(b) a description of the copyrighted work that you claim
has been infringed;
(c) a description of where the material that you claim
is infringing is located on the Web Site;
(d) your address, telephone number and e-mail address;
(e) 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;
(f) a statement by you, made under penalty of perjury,
that the above information in your notice is accurate
and that you are either the copyright owner or authorized
to act on the copyright owner's behalf.
4. Links
This Web Site may contain links to other web site ("Linked
Sites"). The Linked Sites are not under the control
of ASYLUM and ASYLUM is not responsible for the contents
of the Linked Sites. ASYLUM provides any Linked Sites
to you only as a convenience, and the inclusion of any
such Linked Sites is not an endorsement by ASYLUM in
favor of any company offering Internet services, products
or services on the Linked Sites.
Other sites may link without prior permission to the
Web Site's home page only through a plain-text link.
Permission must otherwise be granted by ASYLUM for any
other type of link to the Web Site. To seek our permission,
you may write to: Asylum Entertainment, 7920 Sunset
Blvd., Second Floor, Los Angeles, CA 90046, Attn: Web
Master. Any third party web site that links to the Web
Site shall not create a frame, browse or border environment
around any of the content of the Web Site.; (b) may
link to, but not replicate, Web Site content; (c) shall
not imply that ASYLUM is endorsing or sponsoring it
or its products or services; (d) shall not present false
information about ASYLUM or its products or services;
(e) shall not use ASYLUM trademarks without the prior
written permission of ASYLUM; and (f) shall not contain
content that could be construed as distasteful, offensive,
obscene or controversial.
5. No Solicitation
You agree not to use the Web Site to advertise or to
solicit anyone to buy or sell products or services or
to make donations of any kind without the express written
approval of ASYLUM.
6. No Spamming
From time to time, users of this Web Site post their
e-mail addresses in ASYLUM chat rooms, forums and other
public-posting areas. You agree not to utilize these
e-mail addresses for purposes of spamming (i.e., unsolicited
e-mail).
7. Chat Rooms, Bulletin
Boards, Other Forums
ASYLUM cannot and does not review every posting made
in Web Site chat rooms, forums and bulletin boards.
ASYLUM does not endorse or guarantee the accuracy of
any posting regardless of whether the posting comes
from a user, from a celebrity or "expert"
guest or from a member of ASYLUM's staff. ASYLUM is
not responsible for any material posted in any chat
room or on any bulletin board or forum and is not responsible
or liable to any person or entity for any loss, damage
(whether actual, consequential, punitive or otherwise),
injury, claim, liability or other cause of any kind
or character based upon or resulting from any material
provided through this Web Site.
ASYLUM shall have the right but not the obligation
to monitor, from time to time, the content of the Web
Site including, without limitation, the chat room, bulletin
boards and forums to determine compliance with this
Agreement and any operating rules established by ASYLUM
and to satisfy any law, regulation or authorized government
request. ASYLUM shall have the right in its sole and
absolute discretion to edit, refuse to post or remove
any material submitted to or posted on the Web Site.
By using the Web Site, you agree not to post any content
which libels, defames, invades privacy or is indecent,
obscene, pornographic, abusive, threatening, illegal,
solicits gambling or engages in any gambling activity,
contains a virus or other harmful component, infringes
on the ability of others to enjoy the Web Site or that
infringes on the rights of others including, without
limitation, any intellectual property rights of any
entity or person. ASYLUM reserves the right to refuse
access to anyone who ASYLUM believes in its sole and
absolute discretion has violated these terms or any
other term of this Agreement. ASYLUM additionally reserves
the right to terminate this Agreement against any further
use of any person or entity who violates any term of
this Agreement.
By submitting material to the Web Site, you are representing
that you are the owner of the material or are making
your submission with the express consent of the owner.
Submitting material that is the property of another,
without the consent of its owner, is not only a violation
of this agreement but may also subject you to legal
liability for copyright, trademark or other intellectual
property infringement.
All material you submit to the Web Site becomes the
sole and exclusive property of ASYLUM. ASYLUM may reproduce,
distribute, display, exhibit and otherwise exploit that
material in all markets and media now known or hereafter
devised throughout the Universe in perpetuity without
payment of any compensation or other consideration to
you. You hereby waive all moral rights you may have
in and to that material. ASYLUM does not consider any
material you submit to the Web Site to be confidential
or proprietary.
8. Promotions and contests
The Web Site may contain sweepstakes and other contests
and promotions that require you to send material or
information about yourself. Those sweepstakes, contests
or promotions may be governed by a separate set of rules
that may have eligibility requirements. It is your responsibility
to read such rules to determine whether your participation,
registration and/or entry is valid. You agree to read
and comply with such rules before entering any sweepstakes,
contest or promotion on this Web Site.
9. Membership and registration
Certain areas of this Web Site may require you to register
or ask you to provide information to participate in
certain features or access certain content. Your decision
to provide that information is purely optional. If you
elect not to provide that information, however, you
may not be able to access that area, feature or content.
If you elect to provide that information, you agree
to provide information that is true and accurate. You
may also be required to choose a user name and password.
It is your responsibility alone to ensure the confidentiality
of that name and password. You agree not to register
under the name of any other person. ASYLUM reserves
the right to reject any user name that is, in ASYLUM's
sole and absolute judgment, offensive. You agree to
notify ASYLUM of any unauthorized use of your user name
and/or password. You must be at least 13 years old to
register on the Web Site.
10. Purchase of merchandise
In the event any merchandise or services are offered
for sale via this Web Site which are listed at an incorrect
price or contain other incorrect information, ASYLUM
shall have the absolute right to refuse or cancel any
order placed for such merchandise or services and ASYLUM
is released from liability for same. Your only remedy
is to return to ASYLUM or a third party offering that
merchandise for a refund, at ASYLUM's or the third party's
sole discretion.
11. Submissions
ASYLUM welcomes your comments but does not accept unsolicited
submissions for programming, web sites and other products
and we cannot review your submissions. ASYLUM has adopted
this policy to avoid misunderstandings about projects
ASYLUM develops which may appear to be similar to someone
else's idea, suggestion or material. If you choose to
submit material to ASYLUM despite this request not to
submit ideas for programming, web sites and other products,
ASYLUM will not treat any submission as confidential.
ASYLUM will not be liable for any use or disclosure
of that submission to any third party and/or for loss
of any material submitted and may use it for any purpose.
By submitting material to this Web Site you acknowledge
that the material may be identical with or similar to
themes, plots, ideas, formats or other elements that
ASYLUM has independently developed or that has or may
come to ASYLUM from other sources. You represent and
warrant that the submission is wholly original to you
and its use will not violate the rights, common law
or otherwise, of any kind or nature whatsoever of any
third party or entity. Any submission will become the
sole property of ASYLUM and will not be returned to
you and ASYLUM shall not be required to respond to any
submission received. You agree that you are not entitled
to any compensation by reason of ASYLUM's use of similar
or identical material. The only exception to the foregoing
will be your proper use and submission of the approved
and properly executed Asylum Entertainment, LLC Submission
Agreement found on the Web Site and downloaded and completed
with no alterations.
12. Disclaimer and release
of liability
YOU AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE
RISK. NEITHER ASYLUM, ITS AFFILIATES OR PARENT COMPANIES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SHAREHOLDERS,
INVESTORS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANT AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR AS
TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEB SITE.
ASYLUM DOES NOT REPRESENT AND WARRANT THAT THE WEB SITE
WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE SOLELY RESONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL
AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THORUGH
THE WEB SITE.
ASYLUM DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTAIBLITY OR
FITNESS FOR A PARTCIUILAR PURPOSE FOR ANY INFORMATION,
PRODUCT OR SERVICE OFFERED ON THIS WEB SITE.
ASYLUM IS NOT LIABILE FOR ANY INJURY ARISING OUT OF
THE USE OF THIS WEB SITE INCLUDING, WITHOUT LIMITATION,
LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT
OR SIMILAR DAMAGES EVEN IF WE ARE ADVISED BEFOREHAND
OF THE POSSIBILITY OF SUCH DAMAGES. ASYLUM IS NOT LIABILE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE
THAT ASYLUM'S LIABILITY ARISING OUT OF ANY KIND OF LEGAL
CLAIM IN ANY WAY CONNECTED TO THIS WEB SITE SHALL NOT
EXCEED THE AMOUNT YOU PAID TO ASYLUM FOR THE USE OF
THE WEB SITE.
13. Indemnification
You agree, at all times, to defend, indemnify and hold
harmless ASYLUM, its respective affiliates and parent
companies and each of their respective directors, officers,
employees, shareholders and agents from and against
any and all claims, actions, liabilities, damages, injuries,
costs and expenses including, without limitation, attorneys'
fees and court costs, arising out of any use you make
of the Web Site.
14. Governing Law
This Web Site originates from and is
maintained in the United States of America. This Agreement
has been made in and shall be construed in accordance
with the laws of the State of California. You consent
to the exclusive jurisdiction of the state and federal
courts located in California in all disputes arising
out of or relating to this Agreement or use of this
Web Site. This Agreement shall not be governed by the
United Nations Convention on Contracts for the International
Sale of Goods. Any cause of action you may have with
respect to your use of this Web Site must be commenced
within one (1) year after the claim or cause of action
arises and you hereby expressly waive any right you
may have under applicable federal, state or local statutes
of limitations. ASYLUM makes no representations regarding
the legality of access to or use of the Web Site or
the materials contained herein from other countries.
Access in countries where the materials contained herein
are illegal is prohibited. Users who access the Web
Site from outside the United States do so at their own
risk.
15. Severability
If any portion of this Agreement is found to be invalid
or unenforceable for any reason, such invalidity or
unenforceability shall not affect the validity or enforceability
of any other portion of this Agreement which shall remain
in full force and affect.
16. Entire Agreement
This Agreement and any rules for the Web Site established
by ASYLUM constitutes the entire agreement between the
parties concerning the subject matter hereof and supersedes
all previous written or oral agreement between the parties
with respect to that subject matter.
17. Headings
The paragraph headings used herein are for convenience
only and shall not be used to limit any portion of this
Agreement.
©2006 Asylum Entertainment |
