PLEASE READ THESE TERMS OF SERVICE AND THE IRON
HORSE ENTERTAINMENT PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEB
SITE OR ANY OF THE IRON HORSE ENTERTAINMENT FORUMS.
Iron Horse Entertainment
This site is owned and operated by Iron Horse Entertainment® ("Iron
Horse Entertainment"). These terms of service (the "Terms of
Service" or "TOS") apply to and govern your, and any authorized
user of your account, use of this site or the Iron Horse Entertainment
Forums (as hereinafter defined, and, collectively 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. Before using the Site, please
review the Iron Horse Entertainment Privacy Statement (the "Privacy
Statement").
License to the site
Iron Horse Entertainment 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 Horse Entertainment 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
Horse Entertainment Inc. 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 Horse Entertainment (the "Site Materials") without the
prior written permission of Iron Horse Entertainment. 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 Horse Entertainment's 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 Horse Entertainment.
Software
From time to time, and at its sole discretion, Iron Horse Entertainment
may make available to users certain software that may be downloaded from
this Site. In the event you download software from this Site, 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 Iron Horse Entertainment. Iron Horse Entertainment
does not transfer title to the Software to you. You own the medium on
which the Software is recorded, but Iron Horse Entertainment retains full
and complete title to the 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.
Unsolicited Submissions
Iron Horse Entertainment is pleased to hear from its customers and welcomes
your comments regarding Iron Horse Entertainment products, including Iron
Horse Entertainment's online services. Unfortunately, however, Iron Horse
Entertainment's 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 Horse Entertainment's 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 or post certain specific submissions (e.g.,
via a message boards or contests) or, 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 Horse Entertainment. None of the Submissions
shall be subject to any obligation of confidence on the part of Iron Horse
Entertainment, and Iron Horse Entertainment shall not be liable for any
use or disclosure of any Submissions. Without limitation of the foregoing,
Iron Horse Entertainment 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. 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 Iron Horse Entertainment's
liability exceed the amount payable to a writer under the Writers Guild
of America Basic Agreement for a network prime time and story or teleplay.
Forums and Public Communications
As a convenience to its visitors, Iron Horse Entertainment may provide,
from time to time and at its sole discretion, one or more chat areas,
message boards, e-mail functions, instant messaging service, voice-mail,
and other services (collectively, the "Forums"). Forums are
provided by Iron Horse Entertainment to you and others subject to this
TOS, the Guidelines for Use of the Forums, (as defined below) the Privacy
Statement, and other rules that may be published from time to time by
Iron Horse Entertainment. Iron Horse Entertainment currently provides
the Forums free of charge to users who agree to abide by this TOS and
the Guidelines for Use of the Forums. Iron Horse Entertainment 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 Forums, you agree to (i) comply with
this TOS and the Guidelines for Use of the Forums, (ii) provide Iron Horse
Entertainment with (A) accurate, complete and true information about yourself
as required on the Forums registration form (your "Registration Information")
in order to create your Iron Horse Entertainment Forum Account (your "Account")
and (iii) maintain and update, as applicable, your Registration Information
with current and complete information. Users who violate this TOS, the
Guidelines for Use of the Forums, or provide inaccurate, false, or non-current
Registration Information may, at Iron Horse Entertainment's sole discretion,
have their Account suspended or terminated, and may be permanently banned
from using any Forum or other online Iron Horse Entertainment service.
As part of your Account, you will be responsible for creating and maintaining
the confidentiality of your user name and password. You are responsible
for all activity occurring under your Account. You agree that you will
(i) immediately notify Iron Horse Entertainment of any unauthorized use
of your user name or password and (ii) ensure that you properly exit a
Forum at the completion of your session. Iron Horse Entertainment shall
have no liability for any loss or damage arising from your Account or
your failure to comply with these requirements
ENTERING ANY FORUM WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF SERVICE
AND YOUR COMPLIANCE WITH THE GUIDELINES FOR USE OF THE FORUMS. IF YOU
DO NOT AGREE TO ABIDE BY THESE TERMS OF SERVICE OR THE GUIDELINES FOR
USE OF THE FORUMS, PLEASE DO NOT ENTER ANY FORUM.
Guidelines for Use of the Forums
You are entirely responsible and liable for all activities conducted by
you and any authorized user of your Account in the Forums, including the
transmission, posting, or other provision of text, files, links, software,
photographs, video, sound, music or other information or material to any
portion of the Forums ("Content"). Listed below are some, though
not all, violations that may result in Iron Horse Entertainment terminating
or suspending your access to a Forum. You agree not to do any of the following
actions while using any Forum:
1. Harass, threaten, embarrass or cause distress or discomfort upon another
Forum participant, user, or other individual or entity;
2. Transmit any Content in any Forum that Iron Horse Entertainment considers
to be disruptive, unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise
objectionable;
3. 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;
4. Impersonate in any Forum any person, including but not limited to,
a Iron Horse Entertainment official, chat or message board leader, guide
or host;
5. Disrupt the normal flow of dialogue in a Iron Horse Entertainment 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 Forums;
7. 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 Forum;
8. Invade the privacy or violate any personal or proprietary right of
any person or entity; and
9. Infringe the intellectual property rights or similar rights, including
but not limited to copyrights and trademarks, of any person or entity.
By posting or uploading Content to any Forum or submitting any other Content
to Iron Horse Entertainment, you automatically grant (or warrant that
the owner of such rights has expressly granted) Iron Horse Entertainment
a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt, publish, translate, sub-license,
create derivative works from and distribute such materials or incorporate
such Content into any form, medium, or technology now known or later developed
throughout the universe. In addition, you warrant that the content as
uploaded or posted by you does not violate any person's so called "moral
rights" (adroit moral)
You understand that the uploading to and/or posting of any Content in
any Forum shall not be subject to any obligation of confidence on the
part of Iron Horse Entertainment, and Iron Horse Entertainment shall not
be liable for any use or disclosure of any Content. Without limitation
of the foregoing, Iron Horse Entertainment shall exclusively own all now
known or hereafter existing rights to the Content of every kind and nature,
in perpetuity, throughout the universe and shall be entitled to unrestricted
use of the Content for any purpose whatsoever, commercial or otherwise,
without compensation to the provider, author or owner of the Content.
You agree to indemnify Iron Horse Entertainment for any and all claims,
damages, losses, and causes of action arising as a result of your posting
or uploading any Content to any Forum or submitting any Content to us
or your failure to comply with this TOS. While Iron Horse Entertainment
does not and cannot review all Content posted by users in the Forums and
is not responsible for the content of these postings, Iron Horse Entertainment
reserves the right to delete, move, or edit Content that it, in its sole
discretion, deems abusive, defamatory, obscene, in violation of copyright
or trademark laws, violates any person's rights of privacy or publicity
or otherwise unacceptable.
Linked Sites
Iron Horse Entertainment 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 Horse Entertainment 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 Horse Entertainment from its
offices within the State of California, United States of America. Iron
Horse Entertainment makes no representation that materials in the Site
are appropriate or available for use in other locations. Software from
this Site is further subject to United States export controls. No software
from this Site may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, 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.
Termination
You understand and agree that Iron Horse Entertainment may, in its sole
discretion and at any time, terminate your password, Account or use of
any Forum, and discard and remove any Content posted or submitted by you
to any Forum, for any reason. Iron Horse Entertainment may also, in its
sole discretion and at any time, discontinue any Forum or limit or restrict
any users access thereto, for any reason. You understand and agree that
Iron Horse Entertainment may take any one or more of these actions without
prior notice to you. Should Iron Horse Entertainment take any of these
actions, it may, in its sole discretion, immediately deactivate and/or
delete any or all information about and concerning your Account, including
your Registration Information and submitted Content. You understand and
agree that Iron Horse Entertainment shall not have any liability to you
or any other person for any termination of your access to any Forum and/or
the removal of information concerning your Account.
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 HORSE ENTERTAINMENT
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IRON HORSE ENTERTAINMENT 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 HORSE ENTERTAINMENT
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 HORSE ENTERTAINMENT) 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 HORSE ENTERTAINMENT 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 HORSE
ENTERTAINMENT 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 HORSE ENTERTAINMENT'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, IF ANY, FOR ACCESSING THIS SITE.
Copyright Notice
If you believe that any Content appearing on the Site or in any Forum
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 Horse Entertainment
email: jackconnors@ironhorse-ent.com
By this filing, Iron Horse Entertainment 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.
Other
This TOS shall be governed by and construed in accordance with the laws
of the State of California and the United States of America, without giving
effect to any principles of conflicts of law. You agree that any action
at law or in equity arising out of or relating to these terms shall be
filed only in the state or federal courts located in Los Angeles County,
California, and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. In no event
shall you be entitled to injunctive or other equitable relief. If any
provision of these terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and shall
not affect the validity and enforceability of any remaining provisions.
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