Legal Statement for OriginalAmateurHour.com
October 17, 2005
The agreement formed by these Terms and Conditions of Use (this "Agreement") is made as of the date upon which you accept it (the "Effective Date") by acknowledging such acceptance through OriginalAmateurHour.com (the "Web Site"), and is by and between you and OriginalAmateurHour.com, with respect to the provision to you of internet services offered by OriginalAmateurHour.com, which are intended to permit you to conduct specified activities during the use of the Web Site. Except as set forth in this paragraph, all defined terms used in this Agreement will have the meanings set forth in Section 7.
1. Acceptance of this Agreement.
1.1 Acceptance. By entering the Web Site, you acknowledge your acceptance of this Agreement, you are consenting to be bound by this Agreement, and you are becoming a party to this Agreement with OriginalAmateurHour.com. In the event that you do not acknowledge your agreement to all of the terms of this Agreement, you will not be allowed to use the Web Site. If you do not wish to comply with the terms of this Agreement, do not use the Web Site.
1.2 Completion of Registration Information. Prior to having the ability to use the Web Site, you must complete the required information form on the Web Site. You represent and warrant to OriginalAmateurHour.com that you have reviewed and accept that portion of the Web Site labeled "RULES AND REGULATIONS" and that, in the event that you are accepting this Agreement on behalf of an entity (e.g., a corporation), you are authorized on behalf of such entity to use the Web Site, and, where appropriate, to make the representations required in the registration process on the Web Site, and that you have (or such entity has) the sole responsibility for assuring that the Web Site is used only in accordance with this Agreement.
2. Your Obligations.
2.1 Compliance with Law, Rules and Regulations. You will comply at all times with all applicable laws and regulations. You acknowledge that it is your sole responsibility to ensure that the manner in which you transmit and receive information complies with all applicable laws and regulations. You will not engage in any activities that: (i)
constitute or encourage a violation of any applicable law or regulation; (ii) defame, impersonate or invade the privacy of any third party; (iii) infringe the rights of any third party, including intellectual property, business, contractual and fiduciary rights; (iv) are in any way connected with the transmission of "junk mail," "spam" and/or the other mass distribution of unsolicited e-mail; or (v) interfere with the functioning of the Web Site.
2.2.1. You may not upload to, or distribute or otherwise publish on the message boards or in the chat rooms (the "Forums") any libelous, defamatory, obscene, pornographic, abusive, threatening or otherwise illegal material.
2.2.2. You will use the Forums only in a noncommercial manner. You will not distribute or otherwise publish any material containing any advertising or solicitation for goods or services.
2.2.3. You are solely responsible for the content of your messages. OriginalAmateurHour.com has no obligation to monitor the Forums and will not, in the normal course of business, review the content of the messages posted in the forums. OriginalAmateurHour.com reserves the right to delete, move, or edit messages that it, in its sole discretion, believes are defamatory, obscene, in violation of intellectual property laws, or contain content, including computer viruses, that interfere with the operation of the Web Site.
2.2.4. By uploading materials to any Forum or submitting any materials to OriginalAmateurHour.com, you automatically grant (or represent and warrant to OriginalAmateurHour.com that the owner of such rights has expressly granted) to OriginalAmateurHour.com a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works of and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you represent and warrant to OriginalAmateurHour.com that all so-called moral rights in those materials have been waived.
2.3 Fees and Taxes. You will be solely responsible for any federal, state or local sales, use, value added or other tax, tariff, duty or assessment levied or imposed arising out of or related to any of the transactions contemplated under this Agreement or on the Web Site (excluding taxes based upon the net income of OriginalAmateurHour.com). You will pay directly, or reimburse OriginalAmateurHour.com for, the amount of such sales, use, value added or other tax, tariff, duty or assessment which OriginalAmateurHour.com is at any time obligated to pay or collect.
3. Warranty Disclaimer.
3.1 As Is Warranty. THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS, AND OriginalAmateurHour.com MAKES NO WARRANTY, EXPRESS OR IMPLIED REGARDING EITHER THE WEB SITE OR THE SUBJECT MATTER OF THIS AGREEMENT, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
4. Liability Limitations
4.0 By visiting OriginalAmateurHour.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and OriginalAmateurHour.com.
4.1 Linked Sites. OriginalAmateurHour.com has included some links to related internet sites maintained by third parties. Neither OriginalAmateurHour.com nor its affiliates operate or control, in any respect, any information, products or services on such linked sites. You acknowledge and agree that: (i) you access such linked sites at your own risk and that, by so accessing such sites, you leave the Web Site; and (ii) OriginalAmateurHour.com, whether or not it has a relationship with linked sites, will not be responsible for the content on or operation of such linked sites, and disclaims all liability for any injury you experience while you are in a linked site.
4.2 Force Majeure. Neither party will be liable for any failure or delay in performing under this Agreement where such failure or delay is due to causes beyond its reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communications systems breakdowns,
hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.
4.3 No Consequential Damages. OriginalAmateurHour.com WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES, REGARDLESS OF WHETHER FORESEEABLE, INCLUDING CLAIMS FOR LOSS OF GOODWILL, PROFITS, DATA, USE OF MONEY OR PRODUCTS, STOPPAGE OF WORK OR IMPAIRMENT OF ASSETS, WHETHER ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
4.4 Liability Limit. IN NO EVENT WILL THE AGGREGATE LIABILITY OF OriginalAmateurHour.com IN RESPECT OF THE WEB SITE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).
5. Proprietary Information.
5.1 Ownership of OriginalAmateurHour.com Technology. You acknowledge and agree that the OriginalAmateurHour.com Technology, and the copyright, patent, trademark, trade secret and all other proprietary rights in and to the OriginalAmateurHour.com Technology, is proprietary to OriginalAmateurHour.com and its licensors, and you will not gain any ownership or other right, title or interest in
or to any OriginalAmateurHour.com Technology, by reason of this Agreement or otherwise. Such ownership will inure to the benefit of OriginalAmateurHour.com from the date of the conception, creation or fixation of the OriginalAmateurHour.com Technology at issue in a tangible medium of expression, as applicable.
5.2 Ownership of Name and Likeness of The Original Amateur Hour. You acknowledge and agree that the name, image, likeness and all associated rights of publicity of the entity known as The Original Amateur Hour are proprietary of Fisher Television Productions, Inc., and you will not gain any ownership or other right, title or interest in or to the name, image, likeness or other associated rights of privacy or publicity proprietary to the The Original Amateur Hour, by reason of this Agreement or otherwise. You may not copy, download, distribute or make any other unauthorized use of the name, image, likeness or other associated rights of publicity proprietary to the The Original Amateur Hour.
5.3 Ownership of Copyright to Works Displayed on Web Site. The Web Site contains various content, including still shots from various motion pictures. You should assume that everything you see on the web site is subject to copyright protection, unless noted otherwise. You acknowledge and agree that all right, title and interest, including the copyright, in and to such works are the property of the respective owners thereof, and you will not gain any ownership or other right, title or interest in or to such works, by reason of this Agreement or otherwise. You may not copy, download or make any other unauthorized uses of such works.
5.4 Requests for photos personally owned by The Original Amateur Hour / Fisher Television Productions, Inc. to be used on any other web sites should be emailed to: info @ OriginalAmateurHour.com. All websites will be reviewed before permission is granted usage.
5.5 CREDENTIALED PRINT MEDIA
Contact Albert Fisher, for publicity images and logos.
6.1 Termination by User. You are entitled to terminate this Agreement at any time with or without cause. You may terminate this Agreement at any time by destroying all materials obtained from the Web Site and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise.
6.2 Termination by OriginalAmateurHour.com. OriginalAmateurHour.com will have the right to terminate this Agreement at any time, with or without cause. Some circumstances likely to give rise to such termination will be if OriginalAmateurHour.com believes, in its sole discretion, that you: (i) sell, use, or display materials that are illegal, obscene, vulgar, offensive, dangerous, or otherwise inappropriate; (ii) post or submit content to the Web Site that infringes the copyright or intellectual property rights of others; (iii) have become the subject of a government complaint or investigation; (iv) violate any of the terms and conditions of this Agreement.
6.3 Effect of Termination.
6.3.1. Upon the termination or expiration of this Agreement for any reason whatsoever, each party will be released from all obligations and liabilities to the other occurring or arising after the date upon which such termination becomes effective, except that any termination of this Agreement will not relieve either OriginalAmateurHour.com or you from any liability arising prior to such termination.
6.3.2. Neither party will be liable to the other party for damages of any kind, including incidental or consequential damages, or for indemnification, solely on account of the lawful termination of this Agreement, even if informed of the possibility of such damages. Neither party will be liable to the other party by reason of termination of this Agreement for compensation, reimbursement or damages on account of any loss of prospective profits on anticipated sales or on account of expenditures, investments, leases or other commitments relating to the business or goodwill of either party, notwithstanding any law to the contrary.
6.3.3. Upon the termination or expiration of this Agreement, you must destroy all materials obtained from the Web Site, with the exception of merchandise lawfully purchased from the OriginalAmateurHour.com Online Store, all copies thereof, whether made under the terms of this Agreement or otherwise.
6.3.4. The provisions of Sections 2 through 5, 6.3, 7 and 8 will survive termination or expiration of this Agreement.
7.1 Agreement. The term "Agreement" will have the meaning ascribed to it in the first paragraph.
7.2 Effective Date. The term "Effective Date" will have the meaning ascribed to it in the first paragraph.
7.3 Forums. The term "Forums" will have the meaning ascribed to it in Section 2.2.1.
7.4 including. Except where followed directly by the word "only", the term "including" will mean "including, but not limited to," it being the intention of the parties that any example or listing following thereafter is illustrative and not exhaustive.
7.5 OriginalAmateurHour.com. The term "Web Site" will have the meaning ascribed to it in the first paragraph.
7.6 OriginalAmateurHour.com Technology. The term "OriginalAmateurHour.com Technology" will mean the technology and software used by OriginalAmateurHour.com in the operation of the Web Site, including: (i) discoveries, ideas, concepts, theories, improvements, designs, original works of authorship, formulae, processes, algorithms, inventions, know-how, techniques, compositions of matter and other information; (ii) all intermediate and partial versions thereof; (iii) all documentation, program materials, flowcharts, notes, outlines and the like created in connection therewith; and (iv) all derivative works thereof.
7.7 Web Site. The term "Web Site" will have the meaning ascribed to it in the first paragraph.
8.1 Integration. This Agreement constitutes the entire understanding and agreement, and supersedes any and all prior or contemporaneous representations, understandings and agreements, between the parties with respect to the subject matter of this Agreement, all of which are merged in this Agreement. Notwithstanding the foregoing, any confidentiality agreements between the parties are separate from this Agreement and, except as expressly stated in this Agreement, nothing contained in this Agreement will be construed as affecting the rights or obligations of either party set forth in any such agreement.
8.2 Assignment. You will not have the right to assign or transfer this Agreement, or any interest in this Agreement (including rights and duties of performance), whatsoever, without the advance written consent of OriginalAmateurHour.com. This Agreement will be binding upon and inure to the benefit of each of the parties and their respective legal successors
and permitted assigns.
8.3 Severability. In the event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement will remain valid and enforceable according to its terms.
8.4 No Custom. It is expressly understood and agreed that, there being no expectation of the contrary between the parties, no usage of trade or custom and practice within the industry, and no regular practice or method of dealing between the parties, will be used to modify, interpret, supplement or alter in any manner the express terms of this
8.5 Waiver. No waiver of any provision of this Agreement, or any rights or obligations of either party under this Agreement, will be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver will be effective only in the specific instance and for the specific purpose stated in such writing.
8.6 Relationship/Authority. Nothing contained in this Agreement will be deemed to create, or be construed as creating, a joint venture or partnership between the parties. Neither party is, by virtue of this Agreement or otherwise, authorized as an agent or legal representative of the other party. Neither party is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf or in the name of the other party, or to bind such other party in any manner.
8.7 No Third Party Beneficiary. Nothing contained in this Agreement will be deemed to create, or be construed as creating, any third party beneficiary right of action upon any third party, in any manner whatsoever.
8.8 Amendments. All amendments or modifications of this Agreement will be binding upon the parties despite any lack of consideration so long as such amendments or modifications are in writing and executed by the parties.
8.9 Forum and Jurisdiction. This Agreement was entered into in the State of California, and its validity, construction, interpretation and legal effect will be governed by the laws and judicial decisions of the State of California applicable to contracts entered into and performed entirely within the State of California. Any action at law or in equity arising under this Agreement will be filed only in an appropriate State or Federal Court located in Los Angeles County, California. The parties hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. OriginalAmateurHour.com makes no representation that materials in the site are appropriate or available for use in locations outside the United States. Those who choose to access this site from other nations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8.10 Right to Change Terms. OriginalAmateurHour.com will have the right at any time to change this Agreement by updating this page. By continuing to use the Web Site, you will be bound by any such revisions. Therefore, you are advised to regularly visit this page.