The use of this site is governed by the terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. What The ... Productions reserves the right to make modifications, alterations, or updates to this site and these Terms & Conditions at any time and without notice to users. You accept the affirmative obligation to periodically review whether or not these Terms & Conditions have changed, and your continued use of this site shall be deemed an acceptance and agreement to be bound by such modifications, alterations, or updates.
You (referred to herein as "You" "Your(s)" or "User" agree that Your use of such Services is at Your own risk. The Content (as defined below), and What The ... Productions proprietary software, may be used in providing the Services, and are subject to the following reservation of intellectual property rights by What The ... Productions or its suppliers.
All content included on this site, including without limitation, text, graphics, logos, trademarks, trade names, button icons, images, pre-designed templates, sounds, software, processing and other functionality, and all other material placed by What The ... Productions (collectively called the "Content"), and the collection, arrangement and assembly of the Content, is the property of or licensed by What The ... Productions or its suppliers and service providers and is protected by U.S. and international copyright laws. The Content on all pages of the Getting Played/What The ... Productions website is provided solely for the use of What The ... Productions consumers to interact with What The ... Productions and may not be used by You, or any other person or entity, or for any other purpose. Users do not receive any copyright in or to the Content itself. No interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed, or otherwise transferred by You or any third parties. Neither Your use of the Content nor the creation of products or materials using such Content create joint authorship, joint ownership or "works made for hire" with What The ... Productions in or regarding such content Content.
When using any Services provided via the Getting Played/What The ... Productions website, You may elect to upload or otherwise submit materials to the site (collectively, "Materials"). What The ... Productions does not supervise the uploading of any User-provided Materials to this site, although it reserves the right to do so. You agree, represent and warrant that in using the Services, You will not upload, submit or otherwise transmit to What The ... Productions:
Materials that are unlawful, threatening, abusive, defamatory, obscene or which invade another person's privacy or further the commission or concealment of a crime;
Materials that are not lawfully Yours to transmit;
Materials that are the subject of, or which infringe upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity;
Materials containing software viruses or other harmful computer code; or Materials that in any way interfere with or disrupt the Services or any servers or networks connected to or used with the Services (any of the foregoing, "Unauthorized Materials").
By uploading Materials to Getting Played/What The ... Productions website, You agree that any copyright in the Materials becomes the property of What The ... Productions for What The ... Productions to publish or otherwise use as it chooses in any media whatsoever - known or unknown -. throughout the Universe in perpetuity.
You also warrant and confirm that You own the copyright to Materials You submit online and agree to defend, indemnify and hold What The ... Productions, its parent and its parent's subsidiary companies and their respective officers, directors, agents, and employees, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement resulting from any such suit, demand, or claim, and to pay any attorney's fees and costs incurred by What The ... Productions in defending against such suit, demand, or claim.
All service marks, trademarks, trade name, trade dress and other indicia of source used herein and otherwise by What The ... Productions (collectively called the "Marks") are proprietary to What The ... Productions or other respective owners that have granted What The ... Productions the right and license to use such Marks. Users do not receive any trademark rights or any other rights in or to the Marks. Users do not receive any trademark rights in or to the Content. All other trademarks/trade names are the property of their respective owners and are used by permission.
Limitations and Disclaimers
THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED OR OFFERED THROUGH THE GETTING PLAYED/WHAT THE ... PRODUCTIONS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. USE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS ON THIS SITE IS AT THE USER'S SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHAT THE ... PRODUCTIONS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WHAT THE ... PRODUCTIONS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS, OR MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE, OR CURRENT, OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS OR WILL BE TIMELY, UNITERRUPTED, SECURE, OR ERROR-FREE.
NEITHER WHAT THE ... PRODUCTIONS NOR ITS PARENT OR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, OR SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES UNDER ANY THEORY OF LAW (I) ARISING OUT OF USER'S USE OF THIS WEBSITE IN ANY MANNER; (II) FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS ON THIS SITE; (III) FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE; (IV) (FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED WHAT THE ... PRODUCTIONS OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will What The ... Productions, its parent, or its affiliates, subsidiaries, suppliers or service providers be liable for, nor make any adjustment, refund or credit of any kind for, any loss, corruption, delay, misprint, non-print, inclusion, omission, shipment, misdelivery, nondelivery, misinformation, other direct or indirect damages, or failure to provide printed products, printing services or shipping services (any of the foregoing, "Service Failure") to the extent caused by or resulting from:
Your acts, defaults or omissions;
Your violation of any of the terms and conditions contained in these Terms & Conditions, as amended from time to time;
Viruses, worms, Trojan horses and other forms of harmful code that are not detected or removed;
Criminal acts, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, war, national or local disruptions in electronic and transportation networks, failures of Internet service providers, weather phenomena, strikes, natural disasters, and disruption or failure of communication, and information systems;
Loss, corruption or irretrievability of, or damage to, Your personal information, User-provided Materials or information regarding the products used or stored by What The ... Productions;
Our provision of advice, assistance or guidance on this site does not constitute acceptance of liability.
All claims should be resolved by contacting What The ... Productions.
These Terms and Conditions are governed by the laws of the State of TCalifornia, without giving effect to any principles or conflicts of law. Any litigation concerning these Terms & Conditions or other uses of this site shall be brought in Alameda County, California, and You consent to the exercise of personal jurisdiction over You by such courts. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
This site may contain links to sites that are owned, operated and maintained by third parties, which are provided as a convenience to You. These linked sites are not under the control of What The ... Productions, and What The ... Productions is not responsible for the accuracy of the content on such sites, or the privacy practices of such sites, What The ... Productions does not monitor nor review the content of such sites, and You expressly understand that You access by link to such sites is at Your own risk.
What The ... Productions acknowledges that You may provide personal data or other information to its site via the Internet. Although What The ... Productions will take all reasonable steps to safeguard Your personal data or other information, no system is 100% safe. Despite the use of secure server software and other precautions, such information is subject to interception or alteration by third parties. What The ... Productions does not guarantee absolute confidentiality or security. In addition, What The ... Productions may disclose part or all of Your personal data, User-provided Materials and printed products as required by law, rule, regulation or court order.
You agree to indemnify, defend and hold What The ... Productions, its officers, directors, employees, shareholders, agents, affiliates. subsidiaries, suppliers, and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys' fees) that arise directly or indirectly from; (a) Your breach of any provision of these Terms & Conditions; (b) any allegation that any Materials You provided constitute Infringing Materials; or (c) any of Your activities conducted in connection with this site.
No Other Relationship
The use of this site creates no relationship, contractual or otherwise, between You and any other entity, supplier or service provider, other than What The ... Productions.
© 2010 What The ... Productions. All rights reserved.