Alcon Entertainment Terms of Service
Last Updated: April 18th, 2012
I.
Introduction
II. Privacy
III. Copyright; Trademarks
IV. User Content and Conduct
V. Links; Third Party Websites
VI. Disclaimer; Limitation of Liability
VII. Indemnification
VIII. Service Usage; Termination of Usage
IX. Filtering
X. Applicable Law; Jurisdiction; Dispute
Resolution
XI. Severability; Interpretation
XII. Entire Agreement
XIII. Miscellaneous
XIV. Copyright Policy
XV. Contact Information
I. Introduction
This Terms of Service Agreement ("Agreement") is
an agreement between you ("you" or "user") and Alcon Entertainment
("Alcon", "we", or "us"). This Agreement governs your access
and use of the web site, web pages, interactive features,
applications, widgets, blogs and their respective contents at
www.alconentertainment.com (the "Site" and collectively, the
"Services). By using the Services, you agree to be bound by
the terms and conditions contained in this Agreement. If you do not
agree to the terms and conditions contained in this Agreement, you
may not access or otherwise use the Services.
We may, in our sole discretion, modify this Agreement with or
without notice to you. The "Last Updated" date at the top of this
Agreement will indicate when the latest modifications were made. By
continuing to access and use the Services after this Agreement has
been modified, you are agreeing to such modifications. Therefore,
you should review this Agreement prior to each use of the Services.
In addition, when using particular services or features the
Services, you shall be subject to any posted guidelines or policies
applicable to such services that may be posted from time to time.
All such guidelines or policies are hereby incorporated by
reference into this Agreement.
If you are under the age of eighteen (18), you represent that you
are either an emancipated minor, or have obtained the legal consent
of your parent or legal guardian to enter into this Agreement,
submit content, participate through the Services and fulfill the
obligations set forth in this Agreement.
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II. Privacy
Use of the Services is subject to the terms of
our Privacy
Policy, which is hereby incorporated into and made part
of this Agreement. Please carefully review our Privacy Policy. By
using the Services, you acknowledge that you have read, and you
agree to be bound by, the terms of our Privacy Policy. We reserve
the right, and you authorize us, to use information regarding your
use of the Services, account registration, and any other personal
information provided by you in accordance with our Privacy
Policy. You further acknowledge and agree that any disputes
related to the Privacy Policy, including any breaches in security
or privacy, will be subject to the limitations on liability,
dispute resolution and arbitration provisions contained in this
Agreement.
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III. Copyright;
Trademarks
You acknowledge that all materials on the Services, including the
Services' design, graphics, text, sounds, pictures, software and
other files and the selection and arrangement thereof
(collectively, "Materials"), are the
property of Alcon or its licensors, and are subject to and
protected by United States and international copyright and other
intellectual property laws and rights. You will not obtain any
ownership interest in the Materials or the Services through this
Agreement or otherwise. All rights to Materials not expressly
granted in this Agreement are reserved to their respective
copyright owners. Except as expressly authorized by this Agreement
or on the Services, you may not copy, reproduce, distribute,
republish, download, perform, display, post, transmit, exploit,
create derivative works or otherwise use any of the Materials in
any form or by any means, without the prior written authorization
of Alcon or the respective copyright owner. Alcon authorizes you to
view and download the Materials only for personal, non-commercial
use, provided that you keep intact all copyright and other
proprietary notices contained in the original Materials. You may
not modify or adapt the Materials in any way or otherwise use them
for any public or commercial purposes. The trademarks, service
marks, trade names, trade dress and logos (collectively, "Marks") contained or
described on the Services (including, without limitation, ALCON
ENTERTAINMENT; ALCON ENTERTAINMENT and Design; DOLPHIN TALE; and
DOLPHIN TALE and Design and any Marks associated with any products
or services available on the Service) are the sole property of
Alcon and/or its licensors and may not be copied, imitated or
otherwise used, in whole or in part, without the prior written
authorization of Alcon and/or licensors. In addition, all page
headers, custom graphics, button icons and scripts are Marks of
Alcon and may not be copied, imitated or otherwise used, in whole
or in part, without the prior written authorization of Alcon will
enforce its intellectual property rights to the fullest extent of
the law.
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IV. User Content and
Conduct
Where applicable at the Services (e.g., posting
comments to the blog), you are invited to post your own content
("User Content").
You understand that all User Content, whether you have publicly
posted on a forum, posted as part of your profile, or privately
transmitted to another Service user or to us, is your sole
responsibility. Though the Services are designed to be a safe place
to share such User Content, Alcon cannot guarantee that other users
will not misuse the User Content that you share. If you have any
User Content that you would like to keep confidential and/or do not
want others to use (including but not limited to, photos, personal
information, name, home address, telephone number, etc.), do not
post it to the Services. Under no circumstances will Alcon be
liable in any way for any User Content, including, but not limited
to, any errors or omissions in any User Content, or for any loss or
damage of any kind incurred as a result of the use of any User
Content posted, emailed or otherwise transmitted via the Services.
ALCON IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF
ANY USER CONTENT YOU POST TO THE SERVICES.
By posting any User Content at the Services, you hereby grant
Alcon a royalty-free, fully paid up, perpetual, irrevocable,
non-exclusive and fully sublicensable right and license to use,
reproduce, modify, adapt, publish, translate, combine with other
works, create derivative works from, distribute, perform, edit and
display such User Content (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or technology now
known or later developed. You specifically waive any "moral rights"
in and to the User Content. The foregoing grant includes, without
limitation, any copyrights and other intellectual property rights
in and to your User Content. You represent and warrant that: you
own the User Content posted by you on or through the Services or
otherwise have the right to grant the license set forth in this
Section IV; and the posting of your User Content on or through the
Services does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person. You
agree to pay for all royalties, fees, and any other monies owing
any person by reason of any User Content you posted to or through
the Services.
As part of the grant above, you agree to allow
Alcon to post your User Content including your user name on
the Services.
You acknowledge and agree that Alcon may preserve User Content and
may also disclose User Content if required to do so by law or in
the good faith belief that such preservation or disclosure is
reasonably necessary to: comply with legal process; enforce this
Agreement; respond to claims that any User Content violates the
rights of third-parties; or protect the rights, property, or
personal safety of Alcon, its users and the public. You understand
that the technical processing and transmission of the Services,
including your User Content, may involve: transmissions over
various networks; and changes to conform and adapt to technical
requirements of connecting networks or devices.
You agree to each of the conditions in this Agreement and further
agree that each of these conditions applies forever and broadly
with regard to Alcon worldwide. Posting of User Content to or
through the Services, including ideas or disclosures of opinions,
is voluntary on your part. Do not post or send to Alcon any
copyrightable content or ideas. No confidential or
additional contractual relationship is established between you and
Alcon by your posting or sending of any copyrightable content or
ideas to Alcon. If you do post or send any copyrightable
content or ideas to the Services, you waive any and all claims you
may have had, may have, and/or may have in the future, that any
Alcon created content may be similar to the content you submitted
or that any compensation is due to you in connection with the
copyrightable content or ideas you submitted.
Alcon shall not be liable for any disclosure of
any User Content, including opinion(s) or suggestion(s), you post
to or through the Services. ALCON SHALL BE ENTITLED TO UNRESTRICTED
USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE
SERVICES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE,
WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Services to:
(a) upload, post, email or otherwise transmit any User Content
that is unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, pornographic, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
unlawful or objectionable (including without limitation, nudity and
depiction of drug use);
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited
to a representative of Alcon, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any User Content transmitted through the
Services;
(e) upload, post, email or otherwise transmit any User Content
that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure
agreements);
(f) upload, post, email or otherwise transmit any User Content
that infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any
party;
(g) upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas that are designated for such
purpose;
(h) upload, post, email or otherwise transmit any material that
contains software viruses or any other computer code, files or
programs designed to interrupt, emulate, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Services are able to type,
or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
(j) interfere with or disrupt the Services or servers or networks
connected to the Services, or disobey any requirements, procedures,
policies or regulations of networks connected to the
Services;
(k) "stalk" or otherwise harass another;
(l) collect or store personal information or data about other
Service users, or disclose another user's personal information or
data to any third party;
(m) solicit personal information or data from anyone under 18
years of age; and/or
(n) "bot," "hack," "crack," or otherwise attempt to circumvent any
access control, copyright protection or license-enforcement
mechanisms associated with or related to the Services.
You understand that by using the Services, you may be exposed to
User Content created by others that is offensive, indecent or
objectionable. Alcon does not endorse or have control over what is
posted as User Content. User Content is not reviewed by Alcon prior
to posting and does not reflect the opinions or policies of Alcon.
Alcon makes no representations or warranties, express or implied as
to the User Content or the accuracy and reliability of the User
Content or any other material or information that you may access
through the Services. Parents should use appropriate parental
discretion in determining whether to grant authorization to minor
children to access the Services. Alcon assumes no responsibility
for monitoring the Services for inappropriate submissions or
conduct, but reserves the right to do so. If at any time Alcon
chooses, in its sole discretion, to monitor the Services, Alcon
nonetheless assumes no responsibility for the User Content, has no
obligation to modify or remove any inappropriate User Content, and
has no responsibility for the conduct of the Services users
submitting any such User Content. Notwithstanding the foregoing,
Alcon and its designees shall have the right to remove any User
Content at any time, without notice and for any reason, including
but not limited to, content that violates this Agreement or is
otherwise objectionable, in Alcon's sole discretion. You agree that
you must evaluate, and bear all risks associated with, the use of
any User Content, including any reliance on the accuracy,
completeness, or usefulness of such User Content. In this regard,
you acknowledge that you may not rely on any User Content.
Alcon may store User Content indefinitely. However, Alcon has no
obligation to store User Content or make it available to you in the
future.
You are solely responsible for your interactions with other
Service users. Alcon reserves the right, but has no obligation, to
monitor disputes between you and other Service users. Alcon
reserves the right to terminate your Services access if Alcon
determines, in its sole discretion, that doing so is prudent.
You may submit reviews or other feedback using the Contact Us page
on the Services. Any comments, suggestions, or feedback relating to
the Services (collectively "Feedback") submitted to
Alcon shall become the property of Alcon. Alcon will not be
required to treat any Feedback as confidential, and will not be
liable for any ideas (including without limitation, product,
application, site, Services or advertising ideas) and will not
incur any liability as a result of any similarities that may appear
in the Services, or operations, in the future. Without limitation,
Alcon will have exclusive ownership of all present and future
existing rights to the Feedback of every kind and nature everywhere
and will be entitled to use the Feedback for any commercial or
other purpose whatsoever, without compensation to you or any other
person sending the Feedback. You acknowledge that you are
responsible for whatever material you submit, and you, not Alcon,
have full responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
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V. Links; Third Party
Websites
Links on the Services to third party websites and applications are
provided only as a convenience to you. If you use these links, you
will leave the Services. Your dealings with third parties through
links to such third party websites or applications are solely
between you and such third parties. You agree that Alcon and
its Affiliated Parties will not be responsible or liable for any
content, goods or services provided on or through these outside
websites or applications or for your use or inability to use such
websites or applications. You will use these links at your own
risk. You are advised that other websites on the Internet,
including third party websites linked from the Services, might
contain material or information that some people may find offensive
or inappropriate; or that is inaccurate, untrue, misleading or
deceptive; or that is defamatory, libelous, infringing of others'
rights or otherwise unlawful. Alcon expressly disclaims any
responsibility for the content, legality, decency or accuracy of
any information, and for any products and services, that appear on
any third party website or application.
Without limiting the foregoing, your correspondence or business
dealings with, participation in promotions of or purchases from,
advertisers or third party applications found on or through the use
of the Services, including payment for and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such advertiser or third party application provider. You
agree that Alcon and its Affiliated Parties shall not be
responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence
of such advertisers or third party application providers on the
Services.
Alcon is not responsible for any product or service sold on or
through the Services or any claims of quality or performance made
on or through the Services.
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VI. Disclaimer; Limitation of
Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND
THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS
AGREEMENT, ALCON, ITS OTHER AFFILIATED COMPANIES AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES
(COLLECTIVELY, "ALCON AND
ITS AFFILIATED PARTIES") EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, ALCON
AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES
WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE
OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES
WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALCON AND ITS
AFFILIATED PARTIES ON OR THROUGH THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL SERVICES AND PRODUCTS PURCHASED AND OBTAINED ON OR THROUGH THE
SERVICE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR
RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO
THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALCON AND ITS
AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT
TO THE PRODUCTS AND SERVICES (INCLUDING VIRTUAL SERVICES OR THIRD
PARTY APPLICATIONS OR SUBSCRIPTIONS) LISTED OR PURCHASED ON OR
THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT OR
SERVICE DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR,
SERVICE OR PRODUCT MISUSE, SERVICE OR PRODUCT ABUSE, SERVICE OR
PRODUCT MODIFICATION, IMPROPER SERVICE SELECTION AND NON-COMPLIANCE
WITH ANY WRITTEN DIRECTIONS.
ALCON AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION
WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES,
INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) FOR
ANY INCORRECT OR INACCURATE INFORMATION, (III) FOR ANY UNAUTHORIZED
ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (IV) FOR
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (V)
FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY
WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF
LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF
GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE
GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL
ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF
LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN ALCON AND YOU. THE INFORMATION AND SERVICES
OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND
ENTIRE MAXIMUM LIABILITY OF ALCON AND AFFILIATED PARTIES FOR ANY
REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM
WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR
INFORMATION OR SERVICE PURCHASED BY YOU FROM ALCON ON THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ALCON ANY
AMOUNTS FOR INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU
FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
DISPUTE WITH ALCON IS TO STOP USING THE SERVICES AND CANCEL YOUR
ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN
TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND
LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE
EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
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VII. Indemnification
You agree to indemnify, defend and hold harmless Alcon and its
Affiliated Parties against all claims, demands, causes of action,
losses, expenses, damages and costs, including any reasonable
attorneys' fees, resulting or arising from or relating to your use
of or conduct on the Services, any activity related to your account
by you or any other person, any material that you submit to, post
on or transmit through the Services, your breach of this Agreement,
your infringement or violation of any rights of another, or
termination of your access to the Services.
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VIII. Service Usage; Termination of
Usage
You are required to provide personal information on the Services
in order to take advantage of certain features of the
Services. If you provide information on the Services, you
agree to (a) provide true, accurate, current and complete
information about yourself as prompted by the Services, and (b) as
permitted, maintain and promptly update such information to keep it
true, accurate, current and complete. If you provide any
information that is false, inaccurate, outdated or incomplete, or
Alcon has reasonable grounds to suspect that such information is
false, inaccurate, outdated or incomplete, Alcon has the right to
suspend or terminate your account and prohibit any and all current
or future use of the Services (or any portion thereof) by
you.
You agree to use the Services only for lawful purposes, and that
you are responsible for your use of and communications on the
Services. You agree not to post on or transmit through the Service
any unlawful, infringing, threatening, harassing, defamatory,
vulgar, obscene, profane, indecent, offensive, hateful or otherwise
objectionable material of any kind, including any material that
encourages criminal conduct or conduct that would give rise to
civil liability, infringes others' intellectual property rights or
otherwise violates any applicable local, state, national or
international law. You agree not to use the Services in any manner
that interferes with its normal operation or with any other user's
use and enjoyment of the Services.
You further agree that you will not access the Services by any
means except through the interface provided by Alcon for access to
the Services. Creating or maintaining any link from another website
or application to any page or functionality on the Services without
the prior written authorization of Alcon is prohibited. Running or
displaying the Services or any information or material displayed on
the Services in frames or through similar means on another website
or application without the prior written authorization of Alcon is
prohibited. Any permitted links to the Services must comply with
all applicable laws, rules, and regulations.
Alcon makes no representation that Materials contained on the
Services or products described or offered on the Services are
appropriate or available for use in jurisdictions outside the
United States, or that this Agreement complies with the laws of any
other country. Visitors who use the Services and reside outside the
United States do so on their own initiative and are responsible for
compliance with all laws, if and to the extent local laws are
applicable. You agree that you will not access the Services from
any territory where its contents are illegal, and that you, and not
Alcon and its Affiliated Parties, are responsible for compliance
with applicable local laws.
This Agreement is effective unless and until terminated by either
you or Alcon. You may terminate this Agreement at any time,
provided that you discontinue any further use of the Services.
Alcon also may terminate or suspend this Agreement, at any time,
without notice, and accordingly deny you access to the Services,
for any reason, including without limitation, if in Alcon's sole
discretion you fail to comply with any term or provision of this
Agreement or your use is harmful to the interests of another user
or Alcon and its Affiliated Parties. Upon any termination of the
Agreement by either you or us, you must promptly destroy all
materials downloaded or otherwise obtained from the Services, as
well as all copies of such materials, whether made under the
Agreement or otherwise. Any fees paid hereunder are
non-refundable.
Alcon reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Services (or
any part thereof) with or without notice. Except as otherwise
expressly stated in this Agreement, you agree that Alcon and its
Affiliated Parties shall not be liable to you or to any third party
for any modification, suspension or discontinuation of the
Services.
You agree that Alcon may terminate or suspend your access to all
or part of the Services, without notice, for any conduct that
Alcon, in its sole discretion, believes is in violation of this
Agreement or any applicable law or is harmful to the interests of
another user or Alcon and its Affiliated Parties.
Sections VI-VIII and X shall survive any termination of this
Agreement.
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IX. Filtering
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify
you that parental control protections (such as computer hardware,
software, or filtering services) are commercially available that
may assist you in limiting access to material that is harmful to
minors. Information identifying current providers of such
protection is available at http://www.staysafe.org.
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X. Applicable Law;
Jurisdiction
This Agreement shall be governed by and construed in accordance
with the laws of the State of Californiain the United States,
without regard to its choice of law provisions. You agree to submit
to personal jurisdiction in the State of California and further
agree that any cause of action arising from or relating to the use
of this Site or this Agreement shall be brought exclusively in the
Federal or State Courts residing in Los Angeles, California.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ALCON HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR ALCON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
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XI. Severability;
Interpretation
If any provision of this Agreement shall be deemed unlawful, void,
or for any reason unenforceable by a court of competent
jurisdiction, the validity and enforceability of any remaining
provisions shall not be affected. When used in this Agreement, the
term "including" shall be deemed to be followed by the words
"without limitation."
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XII. Entire
Agreement
This Agreement, including the Privacy Policy and other policies
incorporated herein, constitutes the entire and only Agreement
between Alcon and each user of the Services with respect to the
subject matter of this Agreement and supersedes any and all prior
or contemporaneous Agreements, representations, warranties and
understandings, written or oral, with respect to the subject matter
of this Agreement.
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XIII.
Miscellaneous
The failure of Alcon and its Affiliated Parties to insist upon
strict adherence to any term of this Agreement shall not constitute
a waiver of such term and shall not be considered a waiver or limit
that party's right thereafter to insist upon strict adherence to
that term or any other term of this Agreement.
You agree that regardless of any statute or law to the contrary,
any claim of cause of action arising from or relating to use of the
Services or this Agreement must be filed within one (1) year after
such claim or cause of action arose, or will be forever barred. The
"Disclaimer; Limitation of Liability" provisions of this Agreement
are for the benefit of Alcon and its Affiliated Parties as defined
herein, and each of these individuals or entities shall have the
right to assert and enforce these provisions directly against you
on its own behalf.
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XIV. Copyright
Policy
We respect the intellectual property rights of others and require
that Service users do the same. If you believe that your
proprietary work has been copied in a way that constitutes
copyright infringement, please forward the following information to
Alcon's Copyright Agent, designated as such pursuant to the
Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named
below:
(a) A physical signature of the person authorized to act on behalf
of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been
infringed;
(c) A description of where the material that you claim is
infringing is located on the Services;
(d) Your address, telephone number, and email address;
(e) 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; and
(f) 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:
Copyright Agent
Alcon Entertianment, LLC
10390 Santa Monica Blvd.
Los Angeles, CA 90025
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XV. Contact
Information
If you have any comments, questions, or complaints regarding this
Agreement or the Services, or wish to report any violation of this
Agreement, please contact
us. We will address any issue to the best of our abilities
as soon as possible.
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©2012 Alcon Entertainment, LLC. All rights reserved.