Last updated: February 2006
This Agreement sets forth the terms and conditions which apply to the use by you of the Weiser Films Sites (as defined below) and any other product or service offered for use or sale by Weiser Films, LLC ("Weiser Films"). The right to use any product or service offered by Weiser Films is personal to you and is not transferable to any other person or entity. You represent you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
PLEASE READ THIS AGREEMENT CAREFULLY. WEISER FILMS OFFERS USE OF THE WEISER FILMS SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THE TERMS OF THE AGREEMENT MAY BE CHANGED IN THE FUTURE WITHOUT FURTHER NOTICE. YOUR CONTINUED USE OF THE SITE AFTER THE EFFECTIVE DATE OF ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGED AGREEMENT.
The "Weiser Films Sites" shall mean all areas and any subscription or other products and services offered or available on the interactive online service operated by Weiser Films on the World Wide Web. The Weiser Films Sites consist of information services and content provided by Weiser Films and third parties. The term "Community Areas" means the bulletin boards, chat rooms, blogs, links page and other participatory areas on the Weiser Films Sites.
Weiser Films shall have the right at any time with or without notice to change or discontinue any aspect or feature of the Weiser Films Sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions (singly or collectively, the "Revisions") shall be effective at the sole discretion of Weiser Films. Any use by you of the Weiser Films Sites or Community Areas after such Revisions take effect shall conclusively be deemed to be acceptance by you of the Revisions. You agree to review the terms and conditions of this Agreement periodically to be aware of such Revisions.
3. USE OF THE WEISER FILMS SITES AND THE COMMUNITY AREAS
A. The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes on any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in Weiser Films's judgment, restricts or inhibits any other user from using or enjoying the Weiser Films Sites or the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with Weiser Films's express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by Weiser Films.
B. The Weiser Films Sites and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Weiser Films Sites are copyrighted as a collective work under the United States copyright laws. Weiser Films is the owner of the copyright in the entire Weiser Films Sites. Weiser Films owns the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transport or sale, create derivative works, or in any way exploit the content of the Weiser Films Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Weiser Films Sites without the express permission of Weiser Films and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Weiser Films Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
C. You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
D. You hereby grant to Weiser Films, their respective affiliates and assignees worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, edit, modify, adapt, re-format, publish, translate, create derivative works from, distribute, perform and display any message posted on the Community Areas and/or any e-mail (in whole or in part) sent by you to Weiser Films or any of its members, directors, officers, employees or agents and/or to sublicense these rights, to the maximum extent permitted by applicable law, and/or to incorporate it in other works in any form, media or technology now known or later developed.
E. You may not (i) select or use a user name or e-mail address of another person with the intention of impersonating that person; (ii) use a user name or e-mail address of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that Weiser Films considers to be offensive.
F. You shall provide Weiser Films with accurate, complete and updated information provided by you at the time of registration.
G. The Weiser Films Sites contain links to other web sites, resources and advertisers. Weiser Films is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Weiser Films be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
H. You may create a hyperlink to the Weiser Films Sites and/or Community Areas provided such link and the content associated with the link do not portray Weiser Films or any of its products and services in a false, misleading, derogatory or otherwise defamatory matter. You may not use a Weiser Films logo or other proprietary graphical or trademark of Weiser Films to link to the Weiser Films Sites and/or Community Areas without the express written permission of Weiser Films. This permission may be revoked at any time.
I. You shall be responsible for obtaining and maintaining all telephone, computer hardware and/or other equipment needed for access to any use of the Weiser Films Sites and Community Areas and all charges related thereto.
J. The foregoing provisions of this Section 3 are for the benefit of Weiser Films, its affiliates, assignees, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
K. Weiser Films has carefully designed the Weiser Films Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Weiser Films Sites in any way that interferes with that purpose. In particular, Weiser Films prohibits any party from displaying the content on the Weiser Films Sites in any format where third-party advertising or other materials that Weiser Films did not authorize is viewed or viewable together with Weiser Films's proprietary content.
Weiser Films shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by Weiser Films from time to time. Weiser Films shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, Weiser Films shall have the right, but not the obligation, to remove any material that Weiser Films, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of Weiser Films, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither Weiser Films nor any of its affiliates shall assume or have any liability for any action or inaction by Weiser Films with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
5. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE WEISER FILMS SITES IS AT YOUR SOLE RISK. NEITHER WEISER FILMS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE MEMBERS, EMPLOYEES, AGENTS, ASSIGNEES, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEISER FILMS SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEISER FILMS SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE WEISER FILMS SITES OR THE COMMUNITY AREAS.
B. THE WEISER FILMS SITES AND THE COMMUNITY AREAS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 5 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WEISER FILMS IS NOT LIABLE 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.
D. IN NO EVENT WILL WEISER FILMS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEISER FILMS SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEISER FILMS SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON THE WEISER FILMS SITES AND/OR THE COMMUNITY AREAS. WEISER FILMS'S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO WEISER FILMS.
E. WEISER FILMS NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEISER FILMS SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED WEISER FILMS SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL WEISER FILMS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE WEISER FILMS SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEISER FILMS SITES AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
F. WEISER FILMS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEISER FILMS SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WEISER FILMS MAKES PRODUCTS OR SERVICES AVAILABLE ON THE WEISER FILMS SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
G. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISER TO VERIFY PRICING AND OTHER INFORMATION. NEITHER WEISER FILMS NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER WEISER FILMS NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE WEISER FILMS SITES SHALL BE CONSTRUED AS INVESTMENT ADVICE. WEISER FILMS IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISER AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
You agree to defend, indemnify and hold harmless Weiser Films, its affiliates, assignees and their respective members, directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of the use by you of the Weiser Films Sites and/or the Community Areas.
Weiser Films shall have the right to immediately terminate this Agreement with respect to any user which Weiser Films, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of sections 5, 6, 7, 8 and 11 shall survive termination of this Agreement.
All trademarks appearing on the Weiser Films Sites are the property of their respective owners, including, in some instances, Weiser Films.
9. INTELLECTUAL PROPERTY COMPLAINT PROCEDURE
It is Weiser Films's policy to respond to notices of alleged intellectual property infringement that comply with the notification requirements of the Digital Millennium Copyright Act (DMCA). If you believe an item of content infringes your intellectual property in a material way, please notify Weiser Films's Copyright Agent and provide the following information for each allegedly infringing item of content:
A. A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
B. For copyright complaints, an identification of the copyrighted work claimed to have been infringed. For trademark complaints, proof of federal registration of the underlying mark, including registration number.
C. An identification of the specific item of content that you claim is infringing so that we may locate it on the Site, including the relevant search query if applicable.
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 or other proprietary right owner, its agent, or the law.
F. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Weiser Films's Copyright Agent can be reached at email@example.com, or by mail at:
Weiser Films, LLC
217 East 85th Street, Suite 143
New York, NY 10028
In cases where Weiser Films owns or controls the relevant item of content, Weiser Films will reply to complaints. In cases where Weiser Films has received the item of content from a third-party content provider, Weiser Films will pass complaints along to that third-party content provider for evaluation and response.
10. PRODUCTS AND OTHER SERVICES
With respect to products and services offered for sale by Weiser Films through the Weiser Films Sites: you shall be informed all of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
Except as expressly stated herein, this Agreement and any operating rules for the Weiser Films Sites and the Community Areas established by Weiser Films constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter, exclusive of releases, if any, agreed and signed by the parties in connection with any Weiser Films film. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in New York County, New York, USA in all disputes arising out of or relating to use of the Weiser Films Sites and/or Community Areas. Weiser Films may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Weiser Films Sites and/or Community Areas. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.