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TERMS OF USE
Welcome
to the official Trap Door Web site (the "Site"). Thank you for visiting and have
a great time!
It is important to us that
you, and our other visitors, have the best possible time while using the Site
and that when you use this Site you are fully aware of your respective legal
rights and obligations. For that reason, we have created these Terms of Use as
the legally binding terms to govern your use of this Site. Please
read these Terms of Use carefully before using the Site, because they affect
your legal rights and obligations.
If you do not agree with any of these Terms of Use please do not use this
Site. By using this Site you will be deemed to have irrevocably agreed to these
terms.
Some areas of this Site may be
subject to additional terms and conditions, which you should read carefully
before making any use of those areas. Such additional terms will not change or
replace these Terms of Use regarding use of this Site, unless otherwise
expressly stated.
Please note that these Terms
of Use may be revised and reissued without notice at any time by updating this
posting. You should visit this page regularly to review the current Terms of
Use. Your continued use of the Site will be deemed as irrevocable acceptance of
any revisions. These Terms of Use were last updated on June 1, 2010.
This Site is controlled and operated by Words, Music , Pictures, located
at 5907 W. Pico Blvd., Los Angeles, CA 90019 (collectively, "WMP"). Please
forward any comments or complaints about the Site to
customerservice@thetrapdoormovie.com
Please
forward any questions regarding privacy to
privacy@thetrapdoormovie.com
Please
forward any questions regarding other legal matters to legal@thetrapdoormovie.com.
To access this Site or some of the resources it has to offer, you may be
asked to provide registration details. It is a condition of use of this Site
that all the details you provide be correct, current, and complete. If we at WMP
believe the details are not correct, current, or complete, we have the right to
refuse you access to the Site, or any of its resources, and to terminate or
suspend your account.
Unless we have received a
properly completed and acceptable parental consent form governing your use of
this Site, we will assume (and by using this Site you warrant that) you have
legal capacity to enter into the agreement set out in these Terms of Use (i.e.,
that you are of sufficient age and mental capacity and are otherwise entitled to
be legally bound in contract).
Your privacy is important to us. To better protect your privacy, we
provide a notice explaining our online information practices and the choices you
can make about the way your information is collected and used at this site. Click
here to
show this notice, which forms part of these Terms of Use.
This Site and materials incorporated by WMP on this Site ("Material") are
protected by copyrights, patents, trade secrets or other proprietary rights
("Copyrights"). Some of the characters, logos or other images incorporated by
WMP on this Site are also protected as registered or unregistered trademarks,
trade names and/or service marks owned by WMP or others ("Trademarks"). WMP
respects the intellectual property rights of others and asks users of this Site
to do the same.
Your right to make use of this Site and any Material or other content
appearing on it is subject to your compliance with these Terms of Use.
Modification or use of the Material or any other content on this Site for any
purpose not permitted by these Terms of Use may be a violation of the Copyrights
and/or Trademarks and is prohibited.
You may access and display
Material and all other content displayed on this Site for non-commercial,
personal, entertainment use on a single computer only. The Material and all
other content on this Site may not otherwise be copied, reproduced, republished,
uploaded, posted, transmitted, distributed or used in any way unless
specifically authorized by WMP. Any authorization to copy Material granted by
WMP in any part of this Site for any reason is restricted to making a single
copy for non-commercial, personal, entertainment use on a single computer only,
and is subject to your keeping intact all copyright and other proprietary
notices. Using any Material on any other web site or networked computer
environment is prohibited. Also, decompiling, reverse engineering,
disassembling, or otherwise reducing the code used in any software on this Site
into a readable form in order to examine the construction of such software
and/or to copy or create other products based (in whole or in part) on such
software, is prohibited.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE
SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, THE SITE, WMP AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF
WMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE WMP DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WMP DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE
SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. WMP MAKES NO WARRANTIES THAT YOUR USE OF
THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN
THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WMP ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS,
INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY
OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF
THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO
YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
WMP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY
FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR
INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION,
SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB
SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY
MEMBER OF WMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF WMP) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR
DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE
LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY
TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR
ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE
("FORUMS") ARE NOT NECESSARILY THOSE OF THE WMP OR CONTENT PROVIDERS. WMP DOES
NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE
RESPONSIBILITY OF WMP. WMP MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR
LIABILITY AT ANY TIME IN WMP'S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT
YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON
LIABILITY SET OUT ABOVE.
WMP is interested in hearing from you regarding your questions or
comments about our Site. However, WMP does not accept or consider unsolicited
submissions of any kind (e.g. scripts, treatments, concepts, or any other
materials) in any format, by any means of transmission (including email). Any
such submissions are either returned to the sender without being reviewed or
deleted or discarded without being reviewed. Therefore, please do not send any
unsolicited submissions of any member of WMP.
From time to time, areas on
this Site may expressly request submissions of concepts, stories, or other
potential content from you ("Invited Submissions"'). Where this is the case,
please carefully read any specific rules or other terms and conditions which
appear elsewhere on this Site to govern those submissions ("Additional Terms"),
as they will affect your legal rights. If no Additional Terms govern those
submissions, then these Terms of Use will apply in full to any Invited
Submissions you make.
In any event, any material you
send to us will not be treated as confidential.
Please act responsibly when
using this Site. You may only use this Site and its contents for lawful purposes
and in accordance with applicable law and you are prohibited from storing,
distributing or transmitting any unlawful material through this Site. You may
not collect or store personal information regarding other users. You recognize
that storing, distributing or transmitting unlawful material could expose you to
criminal and/or civil liability. You agree that if a third party claims that
material you have contributed to the Site is unlawful, you will bear the burden
of establishing that it is lawful. You understand and agree that all materials
publicly posted (other than by WMP) or privately transmitted on or through this
Site are the sole responsibility of the sender, not WMP, and that you are
responsible for all material you upload, post or otherwise transmit to or
through this Site.
We at WMP require that you do
not post e-mails or submit to or publish through Forums or otherwise make
available on this Site any content, or act in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic,
racist, abusive, harassing, threatening or offensive;
(b) disparages, criticizes, belittles, parodies or otherwise portrays in a
negative light any actor appearing in the content;
(c) seeks to exploit or harm children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise;
(d) infringes any intellectual property or other right of any entity or
person, including violating anyone's copyrights or trademarks or their rights of
publicity;
(e) violates any law or may be considered to violate any law;
(f) you do not have the right to transmit under any contractual or other
relationship (e.g., inside information, proprietary or confidential information
received in the context of an employment or a non-disclosure agreement);
(g) advocates or promotes illegal activity;
(h) impersonates or misrepresents your connection to any other entity or
person or otherwise manipulates headers or identifiers to disguise the origin of
the content;
(i) advertises any commercial endeavor (e.g., offering for sale products or
services) or otherwise engages in any commercial activity (e.g., conducting
raffles or contests, displaying sponsorship banners, and/or soliciting goods or
services) except as specifically authorized on this Site;
(j) solicits funds, advertisers or sponsors;
(k) includes programs which contain viruses, worms and/or 'Trojan horses' or
any other computer code, files or programs designed to interrupt, overload,
collapse, destroy or limit the functionality of any computer software or
hardware or telecommunications;
(l) disrupts the normal flow of dialogue, causes a screen to scroll faster
than other users are able to type, or otherwise act in a way which affects the
ability of other people to engage in real time activities via the Site;
(m) copies any other pages or images on this Site except with appropriate
authority;
(n) includes MP3 format files;
(o) amounts to a 'pyramid' or similar scheme;
(p) amounts to 'data warehousing' (i.e., using any web space made available
to you as storage for large files or large amount of data which are only linked
from other sites). You must provide a reasonable amount of content to accompany
such material in order that at least some of the traffic to your site comes
directly via us;
(q) disobeys any policy or regulations established from time to time
regarding use of this Site or any networks connected to this Site; or
(r) contains links to other sites that contain the kind of content, which
falls within the descriptions set out at (a) to (q) above.
In addition, you are prohibited from removing any
sponsorship banners or other material inserted by WMP anywhere on this Site
(e.g., on any web space made available for your use).
Without limitation, you agree not to send, create or reply to so called "mailbombs"
(i.e., emailing copies of a single message to many users, or sending large or
multiple files or messages to a single user with malicious intent) or engage in
"spamming"(i.e., unsolicited emailing for business or other purposes) or
undertake any other activity which may adversely effect the operation or
enjoyment of this Site by any other person.
You may not reproduce, sell,
resell or otherwise exploit any resource, or access to any resource, contained
on this Site.
Any usernames and passwords used for this Site are for individual use
only. You shall be responsible for the security of your username and password
(if any). WMP shall be entitled to monitor your username and password and, at
its discretion, require you to change it. If you use a username and password
that WMP considers insecure, WMP will be entitled to require this to be changed
and/or terminate your account.
You are prohibited from using
any services or facilities provided in connection with this Site to compromise
security or tamper with system resources and/or accounts. The use or
distribution of tools designed for compromising security (e.g. password guessing
programs, cracking tools or network probing tools) are strictly prohibited. If
you become involved in any violation of system security, WMP reserves the right
to release your details to system administrators at other sites in order to
assist them in resolving security incidents.
WMP reserves the right to investigate suspected violations of these Terms
of Use, including without limitation any violation arising from any submission,
posting or e-mails you make or send to any Forum. WMP may seek to gather
information from the user who is suspected of violating these Terms of Use, and
from any other user. WMP may suspend any users whose conduct or postings are
under investigation and may remove such material from its servers as it deems
appropriate and without notice. If WMP believes, in its sole discretion, that a
violation of these Terms of Use has occurred, it may edit or modify any
submission, posting or e-mails, remove the material permanently, cancel
postings, warn users, suspend users and passwords, terminate accounts or take
other corrective action it deems appropriate. WMP will fully cooperate with any
law enforcement authorities or court order requesting or directing WMP. WMP to
disclose the identity of anyone posting any e-mails, or publishing or otherwise
making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF WMP FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF WMP DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF
INVESTIGATIONS BY EITHER A MEMBER OF WMP OR LAW ENFORCEMENT AUTHORITIES.
In order to use this Site, you must obtain access to the World Wide Web
and pay any service fee associated with that access. You will need to provide
all equipment necessary to connect to the Site on the World Wide Web (including
a computer, modem and/or other access devices).
WMP reserves the right to
modify or discontinue, temporarily or permanently, all or any part of this Site
and/or any software, facilities and services on this Site, with or without
notice, and/or to establish general guidelines and limitations on their use.
WMP makes no representation that
Materials or other content in the Site are appropriate or available for use
outside the United States, its territories, possessions and protectorates. If
you choose to access the Site from other locations you do so on your own
initiative and at your own risk.
You are responsible for
complying with local laws, if and to the extent local laws are applicable. You
specifically agree to comply with all applicable laws concerning the
transmission of technical data exported from the United States or the country
you reside in.
You agree to indemnify and hold harmless WMP and its officers, directors,
employees, agents, distributors and affiliates from and against any and all
claims, demands, liabilities, costs or expenses, including reasonable attorney's
fees, resulting from your breach of any of the foregoing provisions,
representations or warranties, and/or from your placement or transmission of any
content onto WMP's servers, and/or from any and all use of your account.
WMP will consider anything you provide to WMP and/or contribute to this
Site as available for our use free of any obligations to you, except where
solicited Invited Submissions are expressly governed by Additional Terms
appearing elsewhere on this Site (see 'Submissions, Postings and E-mails'
above), in which event those Additional Terms will determine how we will treat
your Invited Submissions.
Subject to the provisions of
any Additional Terms, by posting or uploading any content to this Site and/or
providing any communication or material to WMP ("User Content"), you
automatically and irrevocably: (a)grant and assign to WMP a royalty-free,
perpetual, non-exclusive, unrestricted, worldwide license to any and all rights
in the User Content including without limitation all copyright, together with
all consents (if any) necessary to enable its reproduction, distribution,
modification, publishing and/or other exploitation by WMP and/or by any person
authorized by WMP, by any means and in all media now known or hereafter devised,
without payment or other reference to you or any other person, and to advertise
and promote such exploitation, for the full period of all such rights (together
with any extensions and renewals) and insofar as possible in perpetuity; (b)
waive all moral rights in the User Content which may be available to you in any
part of the world and confirm that no such rights have been asserted; (c)
appoint WMP as your agent with full power to enter into any document and/or do
any act WMP may consider appropriate to confirm the grant and assignment,
consent and waiver set out above; (d) warrant that you are the owner of the User
Content and entitled to enter into these Terms of Use; (e) confirm that no such
User Content will be subject to any obligation, of confidence or otherwise, to
you or any other person and that WMP shall not be liable for any use or
disclosure of such User Content.
This Site may link you to other sites on the Internet. These sites may
contain information or material that some people may find inappropriate or
offensive. These other sites are not under the control of WMP, and you
acknowledge that (whether or not such sites are affiliated in any way with WMP)
WMP is not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the content of such sites. The inclusion of such
a link does not imply endorsement of any site by WMP or any association with its
operators.
WMP cannot ensure that you
will be satisfied with any products or services that you purchase from any
third-party site that links to or from WMP since other shop channels are owned
and operated by independent retailers. WMP does not endorse any of the
merchandise, nor has WMP taken any steps to confirm the accuracy or reliability
of any of the information contained in such third-party sites. WMP does not make
any representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information) you
might be requested to give any third party, and you irrevocably waive any claim
against us with respect to such sites. We strongly encourage you to make
whatever investigation you feel necessary or appropriate before proceeding with
any online transaction with any of these third parties.
Any area of this Site that is accessed through any proprietary online
service is subject to the rules, policies and guidelines of such proprietary
online service.
The Materials and all other content in this Site are presented solely for
the purpose of providing entertainment and information and promoting programs,
films, music, and other products available in the United States, its
territories, possessions, and protectorates.
These Terms of Use shall be
governed by, construed and enforced in accordance with the laws of the State of
California, as they are applied to agreements entered into and to be performed
entirely within California.
Any dispute of any kind
between you and any member of the WMP arising under these Terms of Use
shall be resolved by binding arbitration in Los Angeles, California, pursuant to
the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be a
retired judge or justice of any California state or federal court with
substantial experience in the entertainment industry and shall follow California
law in adjudicating the dispute.
If any provision of these
Terms of Use shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable for this agreement and shall not affect the
validity and enforceability of any remaining provisions. This is the entire
agreement between the parties relating to the matters contained herein.
If you believe that any content appearing on this Site infringes your
copyright rights, we at WMP want to hear from you. Please forward the following
information in writing to the Copyright Agent at the address listed below:
(a) your name, address, telephone number, and
e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing
material is located;
(d) a statement by you that you have a good faith belief that the disputed
use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical
signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information
in your notice is accurate, that you are the copyright owner or authorized to
act on the copyright owner's behalf.
Copyright Agent
Words Music Pictures
c/o: Hi Point Studios
5907 Pico Blvd.
Los Angeles, CA 90019
Email: legal@thetrapdoormovie.com
WMP 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 USC
section 512(c) or elsewhere.
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