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Sub Rosa's
TERMS OF USE
Welcome to Sub Rosa's Internet sites! Sub Rosa Entertainment, Inc., Sub Rosa Productions, Inc., Sub Rosa Books, Inc., their subsidiary and affiliated companies as well as their agents and assignees, as applicable, ("Sub Rosa") maintain this web site ("site") for your personal entertainment, information and education.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING ANY PORTION OF THE SUB ROSA WEB SITES.
By using the Sub Rosa web site(s), you signify your agreement to these TERMS OF USE and all applicable laws. If you do not agree to these TERMS OF USE, please do not access and use the Sub Rosa web site(s). We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes.
By using the site, Sub Rosa grants you a non-exclusive, non-transferable, limited right to enter, display and use the site(s). You agree not to affect/interrupt or attempt to affect/interrupt the operation of the site(s) in any way. Any unauthorized use of the content of the site and/or its proprietary logos, service marks and trademarks may violate copyright laws, trademark laws, the laws of privacy and publicity, and certain civil and criminal statutes.
All materials contained in any Sub Rosa web site are the copyrighted property of Sub Rosa Entertainment, Inc., or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Sub Rosa or its affiliates. No material from any Sub Rosa site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (1) you keep intact all copyright and other proprietary notices, (2) you make no modifications to the materials, (3) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (4) you do not download quantities of materials to a database that can be used to avoid future downloads from any Sub Rosa site. For purposes of these TERMS, the use of any such material on any other web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us.
The only exception(s) is where reproductive permission is expressly stated on the web page in question; regarding specific materials available for reproduction. If used in print, we require that you keep intact all contact information attached to the material you wish to use and that you make no modifications to the material other than to edit for space restrictions. We require that if you use our material on the web, you also keep our contact information attached to the material, that you make no modifications to the material other than to edit for space restrictions, and that you link back to our web site so we can get more traffic.
You should assume that everything you see or read on the Sub Rosa sites are copyrighted and/or trademarked and may not be used, except as provided in these TERMS or in the text on the site, without the prior written permission of Sub Rosa. Sub Rosa neither warrants nor represents that your use of materials displayed on the site will not infringe the rights of third parties not owned by or affiliated with Sub Rosa.
Sub Rosa makes no warranties or representations as to the accuracy or completeness of the information on the site and assumes no liability or responsibility for any errors or omissions in the content of the site. The information may be out of date, and Sub Rosa makes no commitment to update such information. Documents and other information available on the site may be subject to further disclaimers contained therein as to their accuracy and reliability.
Your use of the site are at your risk. Under no circumstances, including but not limited to negligence, shall Sub Rosa or any other party involved in creating, producing, or delivering the site be liable for any damages whatsoever (including, without limitation, any direct, incidental, consequential, indirect, or punitive damages) arising out of your access to, use of, or inablility to access or use the site, even if Sub Rosa or its authorized representative has been advised of the possibility of such damages.
Without limiting the foregoing, everything on the site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Sub Rosa assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site. Your sole remedy for dissatisfaction with or damage sustained from the site is to stop using the Sub Rosa web site(s).
SUBMISSIONS
We are pleased to hear from our visitors and welcome your comments. Unfortunately, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have 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 our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, plot suggestions, treatments, sceenplays or book manuscripts. While we do value your feedback on our web site, films and books, we request that you be specific in your comments on our products, and not submit any creative ideas, suggestions, or materials unless specifically requested by us. Sub Rosa will not review any such submissions. And while we appreciate your comments, Sub Rosa cannot guarantee that it will respond to your messages.
If, at our request, you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature 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.
Any communication or material you transmit to the site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Anything you transmit or post may be used by Sub Rosa or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Sub Rosa is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Images of people or places displayed on the site are either the property of, or used with permission by, Sub Rosa. Use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these TERMS or specific permission provided elsewhere on the site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We may give notice to our users by means of a general notice on any Sub Rosa site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records or otherwise acquired.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement by us should be sent to our VP of Business Affairs: Mr. Charles Terry Goldstein, Esq. Sub Rosa Entertainment, Inc. at 350 South Center Street Suite 500 Reno, NV 89501-2161. If Sub Rosa has inadvertantly used material whose copyright is held by someone else, we will remove it upon wrtten notice. To be effective, the notification must include the physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed and that is to be removed; information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit our VP of Business Affairs to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; and a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Sub Rosa site(s) are registered and unregistered Trademarks of Sub Rosa Entertainment, Inc.and others. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of Sub Rosa Entertainment, Inc. or such third party that may own the Trademarks displayed on the site. Your misuse of the Trademarks displayed, or any other content on the site, except as provided in these TERMS, is strictly prohibited. You are also advised that Sub Rosa will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Sub Rosa has not reviewed all of the sites linked to its site(s) and is not responsible for the content of any linked sites or any link contained in a linked site or any changes or updates to such sites (collectively, "Linked Sites"). Sub Rosa does not imply agreement with, or endorse, or make any representations regarding any Linked Sites. Your linking to any Linked Sites is at your own risk. Sub Rosa is under no obligation to monitor such sites and assumes no responsibility or liability arising from the content of any such locations nor for any error, infringement, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site(s).
You should be aware that from the Sub Rosa sites you could be directed to other sites that are beyond our control and that take you outside of our service. For example, if you click on a banner advertisement or a link, the click may take you off the Sub Rosa site(s). This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on Sub Rosa site(s) may send cookies to users that we do not control. We reserve the right to disable links from third-party sites to any Sub Rosa site(s).
The site is controlled and operated by Sub Rosa from its office(s) within the State of California, United States of America, and the State of Nevada, United States of America. Sub Rosa makes no representation that materials in the site are appropriate for use in other locations. Those who choose to access the site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
Sub Rosa may at any time revise these TERMS without notice by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current TERMS to which you are bound. Your authorization to use the site automatically terminates without notice if in Sub Rosa sole discretion you fail to comply with any of these TERMS. Upon termination, you must immediately destroy any downloaded or printed materials.
This agreement is entered into in the State of Nevada and shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of law. You hereby consent and submit to the personal jurisdication of the state and federal courts located in Reno, Nevada for the purposes of litigating any action at law or in equity arising out of or relating to these TERMS and agree not to commence any such action against Sub Rosa other than in such courts.
If any of the provisions of this agreement are held by a court or a tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. This agreement constitutes the entire agreement between the parties hereto relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
TM & © 2000 — 2002 Sub Rosa Entertainment, Inc. 350 South Center Street Suite 500 Reno, Nevada 89501-2161 All Rights Reserved. Use of this site constitutes your acceptance of these TERMS OF USE.
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