TERMS AND CONDITIONS
OF WEB SITE USE
Failure to strictly comply with these terms
may result in loss of access and/or use of this Site.
YOUR USE OF THIS CINEMAWARE.COM SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 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, ARE DISCLAIMED TO THE FULL EXTENT PERMITTED UNDER THE LAW. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBMASTER OR ANY THIRD PARTY WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. ACCEPTANCE OF TERMS
Welcome to Cinemaware.com (the “Site”). This Site is owned and operated by CW Entertainment USA LLC (the “WebMaster”). Your use of the Site is subject to your agreement to strictly comply with all of the following Terms and Conditions (“Terms”), and then, strict compliance!
By using this Site you accept the Terms, and agree to be bound by them. If you do not agree, or do not plan to comply, with the Terms, do not use the Site.
We reserve the right to modify the Terms at any time without notice to you. It is important to periodically check the most recent version of the Terms. Your use of the Site, following any modifications of Terms, is your affirmative agreement to the modifications. The Terms tell you what you can expect from the Site and the kind of online behavior with which you must comply. All of the features of this Site, regardless of when they are added, are governed by the Terms.
You must register at Cinemaware.com to use the full features of the Site, including but not limited to posting messages in the forum, access to free games, art, and other downloads and receiving email updates. When you register, you become a “Registered User”. To register, you must select a unique user name and a password. The use of an offensive user name is not allowed. When completing the registration you are required to provide true and accurate information, and update this information when necessary to keep it true and accurate. If you provide any information that is untrue or we have reasonable grounds to suspect that the information is untrue, we have the right to suspend or terminate your registration and access to the full features of the Site. Masking or hiding your email address is not allowed.
You are responsible for obtaining access to the Site, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You are responsible for maintaining the confidentiality of your user name and password, and are responsible for all activities that occur under your user name and password, no matter who has undertaken the activities. For this reason, it is very important that you maintain the secrecy of your user name and password. You will immediately notify us of any unauthorized use of your user name and password or any other breach of security.
3. RULES FOR USING THE FORUM AND OTHER FEATURES
Registered Users post messages on the Cinemaware Forum (“Messages”). Messages must not violate these Terms. We do not pre-screen Messages, but we have the right in our sole discretion to remove any Messages. You may receive a warning from us if your user name was responsible for posting offensive Messages. If it is a serious offense or you have violated these Terms before, we may suspend or terminate your registration. You understand that all Messages are the sole responsibility of the Registered User from whom the Message originated. This means that you, and not the WebMaster or its affiliates, or any third party to whom you may have lent your account or provided your User Name and password, are entirely responsible for all of your Messages. We do not control the Messages posted on the Cinemaware forum and do not guarantee the accuracy, integrity, or quality of those Messages. By using the forum, you understand that you may be exposed to Messages that are offensive, indecent, or objectionable. We will not be liable for any Messages, including, but not limited to, any loss, damage, or harm of any kind incurred by you as a result of any Messages on the Site.
Registered Users can not post messages that:
- are threatening, bullying, defamatory, abusive, obscene, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
- could infringe or lead to infringement of any copyright, trademark, publicity or privacy right or any other personal or intellectual property right of any person or entity;
- are or could be taken as slurs, hate speech or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, sexual preferences, or gender identity;
- constitute spam (sending the same message multiple times or to multiple people will be treated as spam);
- may be seen by WebMaster as a solicitation or advertisement for any commercial product or activity;
- encourage or constitute behavior that does not support a safe and comfortable environment for all users, examples include but are not limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Site an uncomfortable experience for anyone (including but not limited to your mother!;
- restrict, inhibit, or discourage any other user from using the Site or contain a virus or other harmful component;
- violate any local, state, federal or international laws or give rise to civil liability;
- violate or infringe any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- impose an unreasonable or disproportionately large load on the Site or otherwise interfere with the Site;
- impersonate any WebMaster employee, or any third person;
- are, in the sole determination of WebMaster, chain letters, or constitute junk mail;
- request account login information from other users;
- are ‘spoofs’ (using of any means to disguise your online identity or alter original attribute information); and/or
- use or possess programs to ‘crack’ the Site, or other Internet security tools.
You may report abusers by sending an email message on our contact form.
We may store Messages indefinitely, and may also disclose Messages if required to do so by law, or we believe that the preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that a Message violates the rights of third parties; or (d) protect the rights, property, or personal safety of CW Entertainment USA LLC, its parent, affiliates, members, managers, employees, any users of the Site, or the public.
Please be aware that by submitting Messages or other content, you automatically grant WebMaster a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Messages or content (in whole or in part) and to incorporate such into other works in any format or medium now known or later developed.
Messages are and will be treated as public communication. There is no expectation of privacy in connection with any Messages left on the Site.
You will indemnify and hold WebMaster, and its subsidiaries, affiliates, officers, agents, and employees harmless from any action, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising, directly or indirectly, out of any Messages that you post or transmit, your use of the Site, your violation of the Terms, your violation or infringement of any rights of a third party, or any unlawful acts committed on the Site.
6. INTELLECTUAL PROPERTY
The Site contains intellectual property owned by WebMaster and other parties. You will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site. Your use of games and other software contained on or accessed through the Site (“Content”) is governed by separate license agreements to which you must agree in order to access the Content.
7. MODIFICATIONS TO SITE
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of it with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site
8. LINKED SITES
You may be able to link to third party web sites (“Linked Sites”) from the Site. We do not, however, review, control or examine Linked Sites in any way and we are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein, and do not endorse any of them. It is your sole responsibility to comply with the appropriate rules applicable to the use of the Linked Sites. In no event shall WebMaster be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, your participation in activities on such Linked Sites, or the information, material, products or services available through the Linked Sites.
9. DISCLAIMER OF WARRANTIES
WebMaster is not responsible for any incorrect or inaccurate information whether caused by Registered Users of the Site or by any of the equipment or programming associated with or utilized in connection with the Site or the products provided on or through the Site. WebMaster assumes no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Site. WebMaster is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, DSL, cable modem, or other broadband systems or service providers, servers, computer equipment, or software, or any failure of e-mail on account of technical problems or traffic congestion on the Internet or at any sites or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of the Site.
THE SITE, INCLUDING ITS CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WEBMASTER, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SITE, AND ITS CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. LIMITATION OF LIABILITY
WEBMASTER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) RESULTING FROM YOUR USE OF THE SITE.
11. TRADEMARK INFORMATION
Cinemaware, the Cinemaware logo, and other logos, products and service names are trademarks of CW Entertainment USA LLC You are not authorized to display or use them in any manner.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the information specified below. Please note this procedure is exclusively for notifying WebMaster and its affiliates of your claim. The notification of claimed copyright infringement must be in writing and include the following:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work (or works) that you claim has been infringed;
c. a clear description of where the material that you claim to be infringing is located on our Site including as applicable its URL, so that we can locate the material;
d. your name, address, telephone number and e-mail 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;
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.
Written notification for claims of copyright infringement related to this Site must be submitted to WebMaster’s designated agent as follows:
Montero Wolkov LLP
Four Seasons Tower, 15th Floor
1441 Brickell Avenue
Miami, Florida 33131
Fill out our contact form to contact us.
13. GENERAL INFORMATION
We operate our Site from offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Terms constitute the entire agreement between you and WebMaster and govern your use of the Site, superseding any prior agreements between the parties. The Terms and the relationship between you and WebMaster will be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Dade County, Florida. WebMaster’s failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of the right or provision. If any provision of the Terms are found by a court of competent jurisdiction to be invalid, the other provisions of the Terms will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after the claim or cause of action arose or be forever barred.
CW Entertainment USA, LLC