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Terms of Service - Last Revised March 16, 2007 PLEASE READ THESE TERMS OF SERVICE AND THE IRON RIVER FILMS PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEB SITE . Iron River Films This site is owned and operated by Iron River Films. These terms of service (the "Terms of Service" or "TOS") apply to and govern your use of this(as hereinafter defined, and, referred to as the "Site"). Your use of the Site signifies your agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Site. License to the site Iron River Films grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with this TOS. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this TOS. Changes to Site and/or Terms and Conditions of Service Iron River Films reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this TOS, in whole or in part, at any time. Changes to this TOS will be effective when posted. You agree to review this TOS periodically to be aware of any changes. Your continued use of the Site after any changes to this TOS are posted will be considered acceptance of those changes. Trademarks, Copyrights & Restrictions All trademarks, service marks, and trade names are proprietary to Iron River Films and its affiliates. Except as otherwise provided herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any materials from this Site or any other web site owned or operated by Iron River Films (the "Site Materials") without the prior written permission of Iron River Films. However, you may download or make one copy of the Site Materials, and other downloadable items displayed on the Site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Site Materials are left intact. Any modification of the Site Materials, or any portion thereof, or use of the Site Materials for any other purpose constitutes an infringement of Iron River Films' copyrights and other proprietary rights. Use of the Site Materials on any other web site or other networked computer environment is prohibited without prior written permission from Iron River Films. . Unsolicited Submissions Iron River Films is pleased to hear from its customers and welcomes your comments regarding Iron River Films products, including Iron River Films' online services. Unfortunately, however, Iron River Films' long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Iron River Films' professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. If, at our request, you send despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Iron River Films. None of the Submissions shall be subject to any obligation of confidence on the part of Iron River Films, and Iron River Films shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Iron River Films shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. Linked Sites Iron River Films is not necessarily affiliated with sites which may be linked to or from the Site (the "Linked Sites") and is not responsible for their content. Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk. No Resale/Exploitation You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose. Non-United States Residents Iron River Films makes no representation that the Site Materials, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier. Jurisdictional Issues The Site is controlled and operated by Iron River Films from its offices within the State of New Jersey, United States of America. Iron River Films makes no representation that materials in the Site are appropriate or available for use in other locations. Disclaimer THE SITE, THE SITE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IRON RIVER FILMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IRON RIVER FILMS DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. IRON RIVER FILMS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT IRON RIVER FILMS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IRON RIVER FILMS BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, OR THE SOFTWARE, EVEN IF IRON RIVER FILMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL IRON RIVER FILMS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. Copyright Notice If you believe that any Content appearing on the Site has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: ~Your name, address, telephone number, and email address; ~A description of the copyrighted work that you claim has been infringed; ~The exact URL or a description of where the alleged infringing material is located; ~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; ~An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and ~A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Copyright Agent Iron River Films E-Mail: Info@IronRiverFilms.com By this filing, Iron River Films 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 17USC section 512c or elsewhere in the law. |
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