PLEASE READ. YOUR USE OF THIS WEBSITE IS SUBJECT TO
THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.
This Website (the "Website") is owned and operated by Western International Media, or one of its subsidiary companies within the United States.
These terms of service (the "Terms of Service") apply to and govern your
use, and any use by another person, of your User Account, as well as
your use of this Website and the Services (as defined herein). Your use
of this Website and/or any Service signifies your agreement to be bound
by these Terms of Service and Western International Media’s Privacy Policy (the "Privacy Policy"),
which is hereby incorporated by this reference.
For purposes of these
Terms of Service, the following defined terms shall have these meanings:
(A) "Service(s)" shall mean any and all services
on, or provided by, this Website, whether or not such services are also
provided or delivered by other means or media, such as software or wireless
devices; (B) "Website" shall
mean this Website; (C) "Website Content" shall mean any and all human
readable patent audio and/or visual elements of this Website, created
or owned by Western International Media, or third parties, including, without limitation, any
text, graphics, images, illustrations, photographs, animations, video,
audio or audiovisual works (including, for example, without limitation,
movie trailers or episodic works), designs, logos, information, and other
content made available through this Website; (D) "Website
Code" means any and all underlying elements of this Website, including
without limitation, source code, script, object code, software, computer
programs, and other sets of statements and instructions contained in
the underlying Website; (E) "User Account" means any account created
by you, through a registration process for the purpose of accessing or
using certain Services.
LICENSE TO USE THIS WEBSITE
Western International Media grants you a non-exclusive, non-transferable, limited right and
license to access, use and privately display this Website and the Website
Content as described herein for your personal use only, by way of one
(1) computer connected to this Website over the Internet, provided that
you comply fully with these Terms of Service. You may "cache" pages of
this Website for the sole purpose of increasing the speed and efficiency
at which you access this Website. Any other copy or use of a portion
of this Website is not authorized, will be a violation of these Terms
of Service, and will constitute a copyright violation. You shall not
interfere, or attempt to interfere, with the operation of this Website
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 these Terms of Service
or by law.
CHANGES TO WEBSITE AND/OR TERMS OF SERVICE
Western International Media reserves the right, at its sole discretion, to change, modify, add
or remove any portion of this Website, Website Content, these Terms of
Service, and/or the Privacy Policy, in whole or in part, at any time.
Changes to these Terms of Service and Privacy Policy will be effective
when posted. You agree to review these Terms of Service and Privacy Policy
periodically to become aware of any changes. Your use of this Website
after any changes to these Terms of Service and/or Privacy Policy are
posted will be considered acceptance of those changes and will constitute
your agreement to be bound thereby.
CHANGES IN WEBSITE OWNERSHIP
You will be deemed to have consented to the disclosure to, and use by,
a subsequent owner or operator of this Website, of any information about
you contained in the applicable Western International Media database, to the extent Western International Media assigns
its rights and obligations regarding such information in connection with
a merger, acquisition, or sale of all or substantially all of the assets
related to this particular Website to a subsequent owner or operator.
In the event of such a merger, acquisition, or sale, your continued use
of this Website signifies your agreement to be bound by these Terms of
Service and Privacy Policy of this Website's subsequent owner or operator.
OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY
This Website, Website Content, Website Code, and all copyrights, trademarks,
service marks, trade names and all other intellectual property or property
rights therein are proprietary to Western International Media and are owned by Western International Media and/or its
licensors and content providers, and are protected by applicable domestic
and international copyright laws. Unless expressly permitted in writing
by Western International Media, you shall not copy, capture, reproduce, perform, transfer, sell,
license, modify, manipulate, create derivative works from or based upon,
republish, upload, edit, post, transmit, publicly display, frame, link,
distribute, or exploit in whole or in part this Website, Website Content
or Website Code, or otherwise use this Website, Website Content or Website
Code on any other website, other networked computer environment, or in
any medium now known or hereafter developed (each, an "Unauthorized Use").
Any Unauthorized Use constitutes an infringement of the copyrights and
other proprietary rights of Western International Media and/or its licensors and content providers
and constitutes a violation of these Terms of Service. Any violation
of copyright laws may be subject to severe civil and criminal penalties.
SOFTWARE
From time to time, and at its sole discretion, Western International Media may make available
to users certain software that may be accessible or downloaded from this
Website. In the event that you access or download software from this
Website, the software, including any files, images incorporated in or
generated by the software, and data accompanying the software (collectively,
the "Software") are licensed to you by Western International Media or a
Western International Media-approved third party software provider ("Third Party Provider").
Western International Media does not transfer title to the Software to you. You own the medium
on which the Software is recorded, but Western International Media and/or the Third Party Provider
retain full and complete title to their respective Software, and all
intellectual property rights therein. You may not redistribute, sell,
decompile, reverse engineer, disassemble, or otherwise reduce the Software
to a human-perceivable form. Furthermore, your use of any Software of
a Third Party Provider shall be subject to the terms and conditions set
forth by such Third Party Provider and any applicable license agreement
for its Software. Software from this Website is further subject to United
States export controls. No software from this Website may be downloaded
or otherwise exported or re-exported (i) into (or to a national or resident
of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other
country to which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or
the U.S. Commerce Department's Table of Deny Orders. By downloading or
using the Software, you represent and warrant that you are not located
in, under the control of, or a national or resident of, any such country
or on any such list.
SUBMISSIONS
Western International Media is pleased to hear from its customers and welcomes your comments
regarding Western International Media products and services, including this Website. Unfortunately,
however, Western International Media's long-standing company policy does not allow it to accept
or consider creative ideas (including stories, character ideas, screenplays,
and original artwork, etc.), suggestions, or materials other than those
it has specifically requested (see below). While we value your feedback,
we request that you be specific in your comments regarding our services
and products, and that you not submit any creative ideas, suggestions,
or materials.
It is the intent of this policy to avoid the possibility
of future misunderstandings when projects developed by Western International Media or its affiliates'
professional staff might seem to others to be similar to their own creative
work.
If, at our request, you send or post (e.g., via message boards or contests)
certain specific submissions, or, despite our request that you not send
us any creative ideas, suggestions or other materials, you do so (collectively,
the "Submissions"),
the Submissions shall be deemed, and shall remain, the exclusive property
of Western International Media. None of the Submissions shall be subject to any obligation of
confidence on the part of Western International Media, and Western International Media shall not be liable for any
use or disclosure of any Submissions. Without limitation of the foregoing,
Western International Media shall exclusively own the copyright and all now known or hereafter
existing rights to the Submissions of every kind and nature, in perpetuity,
throughout the universe, and Western International Media shall be entitled to use, reproduce,
modify, adapt, publish, translate, license, create derivative works from
and distribute such materials or incorporate such Submissions into any
form, medium, or technology now known or later developed throughout the
universe, for any purpose whatsoever, commercial or otherwise, without
compensation to those who provide the Submissions. In addition, you warrant
that your Submissions do not violate any person's so-called "moral rights" or
other similar or analogous rights under any applicable laws in any country
or region of the world. Applicable law may restrict or limit the foregoing
provisions of this paragraph. If so, without limitation of the foregoing,
you agree that, in no event, shall Western International Media's total liability exceed US $5,000.00.
You agree to indemnify Western International Media for any and all claims, damages, losses,
and causes of action arising as a result of your Submissions or your
failure to comply with these Terms of Service. Western International Media does not and cannot
review all Submissions and is not responsible for the content or substance
of these Submissions. However, Western International Media reserves the right to delete, move,
or edit Submissions that it, in its sole discretion, deems to be abusive,
defamatory, obscene, in violation of copyright or trademark laws, or
in violation of any person's rights of privacy or publicity, or otherwise
unacceptable.
Please refer to the GUIDELINES FOR USE OF THE SERVICES below for additional
information concerning Submissions.
Western International Media SERVICES AND RULES FOR USE
As a convenience to its visitors, Western International Media may provide, from time to time
and at its sole discretion, one or more Services, such as chat areas,
message boards, e-mail functions, instant messaging service, voice-mail,
file communities, polls, surveys, and other services. These Services
are provided by Western International Media to you and others subject to these Terms of Service,
the Guidelines set forth below, the Privacy Policy, and other rules that
may be published from time to time (collectively, the "Rules") by Western International Media.
Western International Media currently provides the Services free of charge to users who agree
to be bound and abide by the Rules. Western International Media reserves the right to change
the nature of this relationship at any time.
REGISTRATION AND ACCEPTANCE OF TERMS
In consideration for your use of the Services, you agree to (i) comply
with the Rules, (ii) provide accurate, complete and true information
about yourself as may be required on any registration form for Services
(your "Registration Information")
in order to create your User Account, and (iii) maintain and update,
as applicable, your Registration Information with current and complete
information. Users who violate the Rules, or provide inaccurate, false,
or non-current Registration Information may, at Western International Media’s sole discretion,
have their User Accounts suspended or terminated, and may be permanently
banned from using any current or future Services.
As part of your User Account, you will be responsible for creating, and
maintaining the confidentiality of, your user name and password. We ask
that you select a user name other than your real name or the real name
of any other person. We also urge you to memorize your password or keep
it in a secure place, away from the rest of your User Account information,
as sharing your password with others may lead to unauthorized access
to your User Account and the information therein. You agree that you
will (i) immediately notify Western International Media of any unauthorized use of your User
Account, and (ii) ensure that you properly exit all Services at the completion
of your use session. Western International Media shall have no liability for any loss or damage
arising from your use of a User Account, this Website or any Service,
or your failure to comply with these requirements.
GUIDELINES FOR USE OF THE SERVICES
You are entirely responsible and liable for all activities conducted
by you, and/or any other user of your User Account and of the Services,
including the transmission, posting, or other provision of text, files,
links, software, photographs, video, sound, music or other information
or material ("Posted Content") to any
portion of the Services. Listed below are some, though not all, violations
that may result in Western International Media terminating or suspending your User Account and/or
access to Western International Media’s Services. You agree not to do any of the following actions
while using any Western International Media Service:
Harass, threaten, embarrass or cause distress or discomfort upon another Service participant, user, or other individual or entity;
Transmit, in connection with any Service, any Posted Content that Western International Media, in its sole discretion, considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;
Cause any chat room screen in any chat room to "scroll" faster than other users are able to type to it or any action of a similar disruptive effect;
Impersonate in any Service, any person, including but not limited to, a Western International Media official or representative, chat or message board leader, guide or host;
Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants; 6. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services;
Invade the privacy or violate any personal or proprietary right of any person or entity; or
Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.
You understand that any content that you upload and/or post on this Website
or any Service shall constitute a Submission for all purposes of these
Terms of Service.
LINKED WEBSITES
Western International Media’s Websites may frame, and/or contain links to or advertisements
about, non-Western International Media websites. Other websites may also reference, advertise,
or link to Western International Media’s Websites. Western International Media does not endorse or sponsor other websites
and is not responsible for the content of such websites. Western International Media expressly
disclaims any statements or assertions made on non-Western International Media websites, and
denies all liability associated with your use of, and the content on,
such other websites and advertisements.
NON-UNITED STATES RESIDENTS
Western International Media makes no representation that the Website Content, including merchandise
offered for sale on this Website, 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 this
Website from locations outside of the United States of America 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
This Website is controlled and operated by Western International Media from its offices within
the State of California, in the United States of America. Use of this
Website constitutes your consent and submission to service of process
under applicable United States of America or State of California law
and to personal jurisdiction in a court of competent jurisdiction in
the State of California for the purposes of any legal action or claim
pertaining to these Terms of Service, or arising from the use of your
User Account and/or any Western International Media Website or Service.
TERMINATION
You understand and agree that Western International Media may, in its sole discretion and at
any time, terminate your password, User Account, or use of any Services,
and discard and remove any and all Submissions submitted or posted by
you to any Western International Media Website or Service, for any reason. Western International Media may also, in
its sole discretion and at any time, discontinue any Websites or Services
or limit or restrict any user access thereto, for any reason. You understand
and agree that Western International Media may take any one or more of these actions without
any notice to you, prior to or otherwise. Should Western International Media take any of these
actions, it may, in its sole discretion, immediately deactivate and/or
delete any or all information about and concerning your User Account,
including your Registration Information and Submissions. You understand
and agree that Western International Media shall not have any liability to you or any other
person for any termination of your access to any Services and/or the
removal of information concerning your User Account.
DISCLAIMER
THIS WEBSITE, WEBSITE CONTENT, WEBSITE CODE, SERVICES, 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, WESTERN INTERNATIONAL MEDIA DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. WESTERN INTERNATIONAL MEDIA DOES NOT WARRANT
THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THIS WEBSITE,
WEBSITE CONTENT, WEBSITE CODE, SERVICES OR SOFTWARE, WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE,
WEBSITE CONTENT, WEBSITE CODE, THE SERVER THAT MAKES THEM AVAILABLE,
OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT
THIS WEBSITE, WEBSITE CONTENT, WEBSITE CODE, SOFTWARE OR SERVER DO NOT
VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON.
Western International Media DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THIS WEBSITE, WEBSITE CONTENT, WEBSITE CODE,
SERVICES OR SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT Western International Media) ASSUME THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THIS WEBSITE, WEBSITE CONTENT, WEBSITE CODE, SERVICES,
AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. 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
Western International Media BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE,
WEBSITE CONTENT, WEBSITE CODE, OR THE SOFTWARE, EVEN IF WESTERN INTERNATIONAL MEDIA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE WESTERN INTERNATIONAL MEDIA TAKES PRECAUTIONS
AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY
SECURE, AND AS SUCH, WESTERN INTERNATIONAL MEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED
ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. 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 WESTERN INTERNATIONAL MEDIA'S 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 TO WESTERN INTERNATIONAL MEDIA, IF ANY, FOR ACCESSING THIS WEBSITE.
COPYRIGHT NOTICE
If you believe that any Submissions or any Website Content 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.
By this notice, Western International Media 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 17 USC Section
512c or elsewhere in the law of the United States of America or any state
or territory within the United States of America.
OTHER
GOVERNING LAW; ARBITRATION
These Terms of Service shall be construed and enforced in accordance
with the laws of the State of California without regard to the choice
of law principles thereof. You agree that any and all disputes or controversies
of any nature between them arising at any time shall be determined by
binding arbitration in accordance with the Commercial Arbitration Rules
of the American Arbitration Association ("AAA") before a single neutral
arbitrator ("Arbitrator"). The
Arbitrator shall be an attorney or retired judge with at least ten (10)
years experience in the software industry and shall be mutually agreed
upon by you and Western International Media (collectively, "the Parties"). If the Parties are
unable to agree on an Arbitrator, the Arbitrator shall be appointed by
the AAA. The fees of the Arbitrator shall be borne equally by the Parties,
provided that the Arbitrator may require that such fees be borne in such
other manner as the Arbitrator determines is required in order for this
arbitration clause to be enforceable under applicable law. The Parties
shall be entitled to conduct discovery in accordance with Section 1283.05
of the California Code of Civil Procedure, provided that (a) the Arbitrator
must authorize such discovery in advance based on findings that the material
sought is relevant to the issues in dispute and that the nature and scope
of such discovery is reasonable under the circumstances, and (b) discovery
shall be limited to depositions and production of documents unless the
Arbitrator finds that another method of discovery (e.g., interrogatories)
is the most reasonable and cost efficient method of obtaining the information
sought. There shall be a record of the proceedings at the arbitration
hearing and the Arbitrator shall issue a Statement of Decision setting
forth the factual and legal basis for the Arbitrator's decision. If neither
party gives written notice requesting an appeal within ten (10) business
days after the issuance of the Statement of Decision, the Arbitrator's
decision shall be final and binding as to all matters of substance and
procedure, and may be enforced by a petition to the California Superior
Court, which may be made ex parte, for confirmation and enforcement of
the award. If either party gives written notice requesting an appeal
within ten (10) business days after the issuance of the Statement of
Decision, the award of the Arbitrator shall be appealed to three (3)
neutral arbitrators (the "Appellate Arbitrators"), each
of whom shall have the same qualifications and be selected through the
same procedure as the Arbitrator. The appealing party shall file its
appellate brief within thirty (30) days after its written notice requesting
the appeal and the other party shall file its brief within thirty (30)
days thereafter. The Appellate Arbitrators shall thereupon review the
decision of the Arbitrator applying the same standards of review and
all of the same presumptions) as if the Appellate Arbitrators were a
California Court of Appeals reviewing a judgment of the California Superior
Court, except that the Appellate Arbitrators shall in all cases issue
a final award and shall not remand the matter to the Arbitrator. The
decision of the Appellate Arbitrators shall be final and binding as to
all matters of substance and procedure, and may be enforced by a petition
to the California Superior Court, which may be made ex parte, for confirmation
and enforcement of the award. The party appealing the decision of the
Arbitrator shall pay all costs and expenses of the appeal, including
the fees of the Appellate Arbitrators and the reasonable outside attorneys'
fees of the opposing party, unless the decision of the Arbitrator is
reversed, in which event the expenses of the appeal shall be borne as
determined by the Appellate Arbitrators. The Arbitrator shall have the
power to enter temporary restraining orders, preliminary and permanent
injunctions. Prior to the appointment of the Arbitrator or for remedies
beyond the jurisdiction of an arbitrator, at any time, either party may
seek pendente lite relief in a court of competent jurisdiction in Los
Angeles County, California without thereby waiving its right to arbitration
of the dispute or controversy under this section. All arbitration proceedings
(including proceedings before the Appellate Arbitrators) shall be closed
to the public and confidential and all records relating thereto shall
be permanently sealed, except as necessary to obtain court confirmation
of the arbitration award. The provisions of this paragraph shall supersede
any inconsistent provisions of any prior agreement between the Parties.
Nothing in this paragraph shall prevent either party from seeking interlocutory
and/or injunctive relief from a court of competent jurisdiction pursuant
to the preceding paragraph.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL
CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER
SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT
INDUCEMENT THEREOF.
SEVERABILITY
If any provision of these Terms of Service shall be held unlawful, void,
or for any reason unenforceable, then that provision shall be deemed
severable from these Terms of Service and shall not affect the validity
and enforceability of any remaining provisions.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, rules and regulations in
connection with your activities under these Terms of Service, including
without limitation, the applicable regulations of the U.S. Department
of Commerce and the United States Export Administration Act, as amended
to assure that the Website Content, Website Code, and the Software are
not exported in violation of the United States of America laws.