BY
ENTERING, YOU AGREE...
Strangeland.com
Website Terms and Conditions of Use
This
Site is operated by Online Illusions L.L.C. You may contact
us at: info@onlineillusions.com
Strangeland.com
provides visitors to its Web site with access to content
via the World Wide Web and offers the opportunity for users
to submit text, pictures, video and other content for posting
on the Strangeland.com Web site (the "Site") under
certain terms and conditions.
ACCEPTANCE
OF THESE TERMS AND CONDITIONS THROUGH USE
By using this site, you signify your agreement to all terms,
conditions, and notices contained or referenced herein (the
"Terms of Use"). We reserve the right, at our
discretion, to update or revise these Terms of Use. Please
check the Terms of Use periodically for changes. Your use
of this site following the posting of any changes to the
Terms of Use will be deemed your acceptance of such change(s).
AGREEMENT
TO USER CONDUCT RULES
You agree to abide by Strangeland.com's User Conduct Rules,
including but not limited to, agreeing not to use this site
for any unlawful purpose:
By
posting information in or otherwise using any communications
service, message board, or other interactive service that
may be available to you on or through this Site, you agree
that you will not upload, post, or otherwise distribute
or facilitate distribution of any materials, including text,
communications, software, images, sounds, data, or other
information (hereafter "Content") that:
1.
is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's privacy
or publicity rights, tortious, or otherwise violates Strangeland.com's
rules or policies;
2. infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party;
3. constitutes unauthorized or unsolicited advertising,
chain letters, any other form of unauthorized solicitation,
or any form of lottery or gambling;
4. contains software viruses or any other computer code,
files, or programs that are designed or intended to disrupt,
damage, or limit the functioning of any software, hardware,
or telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of any third party;
or
5. contains information, material, or pictures of any person
who is not both older than eighteen (18) years old and over
the age of majority in such person's state, province, or
country of residence.
You also agree that you will not harvest or collect information
about the users or members of this Site or use such information
for the purpose of transmitting or facilitating transmission
of unsolicited bulk electronic e-mail or communications.
You further agree that you will not knowingly solicit or
collect personal information from a minor under eighteen
(18) years or age. Strangeland.com generally does not pre-screen,
monitor, or edit the content posted by users of communications
services, chat rooms, message boards, or other interactive
services that may be available on or through this site.
However, Strangeland.com and its agents have the right at
their sole discretion to remove any content that, in Strangeland.com's
judgment, does not comply with the User Conduct Rules or
is otherwise harmful, objectionable, or inaccurate. Strangeland.com
is not responsible for any failure or delay in removing
such content.
LINKS
AND THIRD PARTY SITES
This site may produce automated search results or otherwise
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
Strangeland.com's control, and you acknowledge that Strangeland.com
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 the site by Strangeland.com or any association
with its operators.
PROPRIETARY
RIGHTS AND RESTRICTIONS
You acknowledge and agree that all original content and
materials available on this site are protected by copyrights,
trademarks, service marks, patents, trade secrets, or other
proprietary rights and by other laws and that their use
is restricted by the terms of this Agreement. Strangeland.com,
the Strangeland.com product and service names are trademarks
and/or service marks of Strangeland.com (the "Strangeland.com
Marks") and are owned exclusively by Online Illusions,
LLC. You will not display or use the Strangeland.com Marks,
in any manner, without Strangeland.com's prior permission.
Except as expressly authorized by Strangeland.com, you agree
not to sell, resell, exploit for any commercial purposes,
license, rent, modify, distribute, copy, reproduce, duplicate,
transmit, publicly display, publicly perform, publish, adapt,
edit, or create derivative works from any portion of such
materials or content. Notwithstanding the above, you may
print or download one copy of the materials or content on
this site on any single computer for your personal, non-commercial
use, provided you keep intact all copyright and other proprietary
notices. Systematic retrieval of data or other content from
this site to create or compile, directly or indirectly,
a collection, compilation, database or directory without
written permission from Strangeland.com is prohibited. In
addition, use of the content or materials for any purpose
not expressly permitted in these Terms of Use is prohibited.
USER'S
GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:
1.
Agree that You, and not Strangeland, are entirely responsible
for all materials, including text, communications, software,
images, sounds, data, or other information (hereafter "content")
that you upload, post, email or otherwise transmit via our
web site.
2. Agree that Strangeland.com does not control the content
posted via the web site and does not guarantee the accuracy,
integrity, appropriateness or quality of any content. Under
no circumstances will Strangeland.com be liable in any way
for any content, including, but not limited to, any loss
or damage of any kind incurred as a result of the use of
any content posted, emailed or otherwise transmitted to
Strangeland.com
3. Agree that Strangeland.com is not obligated to maintain
back-up copies of any content and shall have no liability
for failure to maintain such content nor for deleting such
content. We recommend that you retain a copy of all content
that you submit or post to Strangeland.com
4. Agree that that all information is accurate and agree
that upon our request, you will provide Strangeland.com
with all necessary information, documentation, and other
materials relating to this submission that Strangeland.com
reasonably requests.
5. Warrant and represent that you own or otherwise control
all of the rights to the content and that public posting
and use of your content by Strangeland.com will not infringe
or violate the rights of any third party.
6. Grant Strangeland.com and its affiliates and licensees
the world-wide, royalty free, irrevocable, non-exclusive,
and fully sub licensable right and license to use, reproduce,
display, perform, adapt, modify, alter, distribute, have
distributed, and promote the content in any form, anywhere
and for any purpose.
APPEARANCE RELEASE - BY SUBMITITNG MEDIA TO STRANGELAND.COM YOU AGREE TO THE FOLLOWING
A) I authorize Online Illusions, LLC and its respective parents, affiliates, subsidiaries, licensees, successors and assigns to make use of my appearance/voice for use in the production tentatively titled “Strangeland.com” (or such other title as determined by Online Illusions) and in connection with the owner, other websites created by Online Illusions and/or otherwise.
B) I further agree that you may use and license others to use my name, voice, likeness and any biographical material concerning me which I may provide, in any and all media, including, without limitation, the Internet, whether now known or hereafter discovered, and in the promotion, advertising, sale, publicizing and exploitation of the Program and/or otherwise (including, without limitation, ancillary products in connection with the Program) and in connection with Producer and/or affiliated services, throughout the world in any and all media whether now known or hereafter discovered, including, without limitation, the Internet, an unlimited number of times in perpetuity. I further represent that any statements made by me during my appearance are true, to the best of my knowledge, and that neither they nor my appearance will violate or infringe upon the rights of any third party.
C) I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be put. I acknowledge that you will rely on this permission potentially, at substantial cost to you and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.
PROCEDURE
FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible
on this site in a way that constitutes copyright infringement,
you may notify Strangeland.com. Visit: http://www.Strangeland.com/legal
for instructions.
DISCLAIMER
OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT")
ARE PROVIDED "AS IS" AND "AS AVAILABLE"
FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. STRANGELAND.COM,
ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT
THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS
SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL
VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK,
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING
WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO
YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM
THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL STRANGELAND.COM, ITS SUBSIDIARIES,
MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER BASIS, EVEN IF STRANGELAND.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, STRANGELAND.COM'S LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY
LAW.
NUDE
CONTENT
In the event of nudity, all featured models are at least
18 years of age.
INDEMNIFICATION
You agree to indemnify and hold Strangeland.com, and its
parent, subsidiaries and affiliates and their respective
officers, directors, agents, co-branders and other partners,
contractors, and employees, harmless from and against any
and all claims, expenses, and demands, including attorneys'
fees, made by any third party due to, arising out of, or
asserted in connection with your use or misuse of this Site,
including claims relating to content you submit, post to
or transmit through this site, and your connection to and
use of this Site. Strangeland.com reserves the right to
have control of any defense and control of any matter otherwise
subject to indemnification by you. You agree to cooperate
with Strangeland.com in asserting any available defenses.
INTERNATIONAL
USE
Strangeland.com makes no representation that materials on
this Site are appropriate or available for use in any particular
locations, and accessing them from territories where their
contents are illegal is prohibited. Those who choose to
access this Site from any location do so on their own initiative,
at their own risk, and are responsible for compliance with
local laws. If you use this Site in a jurisdiction that
prohibits or restricts such use, your use will be subject
to, without limitation, any other provision of the Terms
of Use, and Strangeland.com shall not have any liability
with respect to such use.
CHOICE
OF LAW AND FORUM
These Terms of Use shall be governed by and construed in
accordance with the laws of the State of Texas, excluding
its conflicts of law rules. You expressly agree that the
exclusive jurisdiction for any claim or action arising out
of or relating to these Terms of Use or your use of this
Site shall lie only in the state courts of Texas in Dallas
County or the Northern District of Texas federal court,
and you further agree to and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating
any such claim or action.
SEVERABILITY
AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes
the entire agreement between you and Strangeland.com with
respect to this site and supersedes all prior or contemporaneous
communications and proposals (whether oral, written, or
electronic) between you and Strangeland.com with respect
to this Site. If any part of these Terms of Use is held
invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties,
and the remaining portions shall remain in full force and
effect.
TERMINATION
Strangeland.com reserves the right, in its sole discretion,
to terminate your access to all or part of this Site, with
or without notice, for any reason, including, without limitation,
if Strangeland.com believes that you have violated or acted
inconsistently with the letter or spirit of these Terms
of Use. This includes Strangeland.com's right to terminate
a user's ability to post materials to the Site. You acknowledge
that Strangeland.com shall not be liable to you or any third
party for any termination of your access to this Site.