TERMS
OF USE
Please read these Terms of Use carefully before using any
of the Web sites operated by Starway Pictures Productions
& Presentations, Inc. ("Starway Sites"). By
accessing or using the Starway Sites, you agree to be legally
bound by these Terms of Use. If you do not wish to be bound
by these Terms of Use, please do not use the Starway Sites.
Trademarks, Copyrights, and Restrictions
The Starway Sites are controlled and operated by Starway Pictures,
Inc. ("Starway," "we," "us,"
or "our"). If you wish to contact us, you may e-mail
us at webmaster@starwaypictures.com. The Starway Sites were
created to be both useful and entertaining. All materials
on the Starway Sites ("Online Materials"), including,
without limitation, names, logos, trademarks, service marks,
images, illustrations, audio clips, and video clips, are protected
by copyrights and other intellectual property rights owned
and controlled by Starway Pictures or by other parties that
have licensed their material to Starway Pictures. You may
download and retain only a single copy of the Online Materials,
solely for your personal, non-commercial use. No Online Material
may be copied, reproduced, republished, modified, uploaded,
posted, transmitted, distributed in any way, or otherwise
used for any purpose without the prior written permission
of their respective owners. You may not add, delete, distort,
or otherwise modify the contents on the Starway Sites. Any
unauthorized attempts to modify any Online Material, to defeat
or circumvent our security features, or to utilize the Starway
Sites for other than their intended purposes are prohibited.
Please report any material on any Starway Site which you believe
may infringe your copyright by contacting us at webmaster@starwaypictures.com.
Linked Sites
We have provided links to related sites for your convenience
("Linked Sites"). We do not review or endorse Linked
Sites in any way whether or not Starway Pictures is affiliated
with the sponsors of a site. We are not responsible for the
content of Linked Sites or any off-site pages linked to the
Starway Sites. You access such Linked Sites and off-site pages
at your own risk. It is up to you to take precautions to ensure
that such linked sites that you visit and the information
you select on them are free of viruses, worms, vermin, trojan
horses, and other items of a destructive nature. Visitors
to any Linked Sites are urged and expected to abide by the
Terms of Use and Privacy Policies of that particular Linked
Site.
Submissions to Starway Sites
You may only use Starway Sites and their contents for lawful
purposes and in accordance with applicable law and you are
prohibited from storing, distributing or transmitting any
unlawful material through Starway Sites. You may not collect
or store personal information regarding other users. You recognize
that storing, distributing or transmitting unlawful material
could expose you to criminal and/or civil liability. You agree
that if a third party claims that material you have contributed
to Starway Sites is unlawful, you will bear the burden of
establishing that it is lawful. You understand and agree that
all materials publicly posted (other than by Starway Pictures)
or privately transmitted on or through Starway Sites are the
sole responsibility of the sender, not Starway Pictures, and
that you are responsible for all material you upload, post
or otherwise transmit to or through Starway Sites.
Any notes, message/bulletin board postings, ideas, suggestions,
concepts, or other material submitted to us will become the
property of Starway Pictures and Starway Pictures shall be
entitled to use such material for any type of use forever,
including in any media whether now known or hereafter devised.
You agree that any submission you make to us is original with
you and accurate. You agree that you will not submit or otherwise
publish through the Starway Sites any content, or act in any
way, which in Starway Pictures' opinion:
(A) may constitute libel, defamation, invasion of privacy,
or is obscene, pornographic, abusive, or threatening;
(B) may infringe any intellectual property or other right
of any entity or person;
(C) may violate any applicable law or advocates illegal activity;
(D) advertises or otherwise solicits funds or is a solicitation
for goods, services, advertisers or sponsors or otherwise
engages in commercial activity;
(E) disrupts the normal flow of dialogue or otherwise act
in a way which affects the ability of other people to engage
in real time activities via Starway Sites;
(F) includes programs which may contain viruses, worms, trojan
horses or other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunication;
(G) includes MP3 format files;
(H) disobeys any policy or regulation established from time
to time regarding use of Starway Sites or any networks connected
to Starway Sites; or
(I) contains links to other sites that contain the kind of
content which falls within the descriptions set out in (A)
to (H) above.
We are not responsible for any material posted on the bulletin
boards or in the chat areas conducted on the Starway Sites.
We will cooperate with any law enforcement authorities and
comply with any judicial order requesting or directing us
to disclose the identity of anyone posting materials in violation
of any applicable federal, state, or local laws. We reserve
the right in our sole discretion to remove or disable access
to any material posted on or to our site, including without
limitation material posted by you to a Starway Site message
board or chat room if we believe that material violates any
of the above policies or infringes any intellectual property
rights. Furthermore, if we believe in our sole discretion
that you have violated any of the terms of these Terms of
Use, including specifically but without limitation by posting
or providing links to material which infringes intellectual
property rights, we reserve the right to terminate your access
to the Starway Sites.
Applicability of Online Materials
Unless otherwise specified, the Online Materials are presented
solely for the purpose of Entertaining users of this site
in the United States and its territories, and for promoting
programs, films, and other products. The Starway Sites are
controlled and operated by Starway Pictures from its office
within the States of California. We make no representation
that the Online Materials are appropriate or available for
use in other locations outside the United States. Those who
visit the Starway Sites from other locations do so on their
own initiative and are responsible for compliance with all
applicable local laws. You specifically agree to comply with
all applicable laws, including without limitation those concerning
the transmission of technical data exported from the United
States or the country in which you reside.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE STARWAY SITES, THE
ONLINE MATERIALS, AND ANY PRODUCTS OR SERVICES PURCHASED ON
THE STARWAY SITES IS AT YOUR SOLE RISK. ALL ONLINE MATERIALS
AND THE PRODUCTS AND SERVICES OFFERED ON THE STARWAY SITES
ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
STARWAY PICTURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER
STARWAY PICTURES, NOR ITS AFFILIATED AND SUBSIDIARY COMPANIES,
NOR THEIR RESPECTIVE VENDORS, AGENTS OR EMPLOYEES, NOR ANY
PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION
OF STARWAY PICTURES' WEB SITES WARRANT THAT THIS SITE WILL
BE AVAILABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT STARWAY PICTURES OR THE SERVER THAT
MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE MATERIAL THAT YOU MAY READ ON STARWAY PICTURES'
WEB SITES IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES.
STARWAY PICTURES DOES NOT WARRANT OR MAKE ANY REPRESENTATION
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL
IN STARWAY PICTURES' WEB SITES OR LINKED SITES IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. STARWAY
PICTURES MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS,
INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT
IN STARWAY PICTURES SITES WILL NOT INFRINGE THE RIGHTS OF
OTHERS AND STARWAY PICTURES ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE,
FACILITIES, SERVICES OR OTHER CONTENT OF STARWAY PICTURES
SITES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME
OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE
ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED
BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING DISCLAIMER,
YOU EXPRESSLY AGREE THAT STARWAY PICTURES, ITS AFFILIATED
AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS,
EMPLOYEES, AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION
AND DISTRIBUTION OF STARWAY PICTURES' WEB SITE SHALL NOT BE
LIABLE FOR: (A) ANY CLAIMS, LIABILITY, OR DIRECT, INDIRECT,
PUNITIVE, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY
OR OTHER DAMAGES RESULTING FROM YOUR PURCHASE OF ANY PRODUCT
OR SERVICES ON THE STARWAY SITES OR FROM YOUR USE OF ANY ONLINE
MATERIALS; (B) YOUR USE OR INABILITY TO USE OR ACCESS THE
STARWAY SITES; OR (C) DEFECTS, DELAYS IN OPERATION, TRANSMISSION
FAILURE, OR OTHER FAILURE OF PERFORMANCE ON THE STARWAY SITES
OR THE INTERNET. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION
OF SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY
TO YOU, THE LIMITATION WILL APPLY TO YOU ONLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW. WE DO NOT ENDORSE ANY MATERIAL,
INFORMATION OR OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON
THE BULLETIN BOARDS, IN THE CHAT AREAS OR OTHER FORUMS CONDUCTED
ON THE STARWAY SITES ("FORUMS") AND WE MAKE NO REPRESENTATIONS
OR WARRANTIES REGARDING SUCH MATERIAL, INFORMATION OR OPINIONS.
WE DO NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT
OF FORUMS IS NOT THE RESPONSIBILITY OF STARWAY PICTURES. STARWAY
PICTURES MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR
LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF ANY
STARWAY SITE OR THE FORUMS WILL BE AT YOUR OWN RISK AND WILL
BE SUBJECT TO THE DISCLAIMERS AND LIMITATION ON LIABILITY
SET OUT ABOVE.
Indemnification
You will indemnify and hold harmless Starway Pictures, its
affiliated and subsidiary entities, and the successors, licensees,
assigns, officers and directors of each from and against any
and all claims, losses and damages (including reasonable attorney's
fees) constituting and arising out of a breach of any of the
provisions of these Terms of Use, including without limitation
from your placement or transmission of any content onto Starway
Pictures' servers, and/or from any and all use of any Starway
Sites.
Governing Law
These Terms of Use shall be governed by and construed in accordance
with the laws of the State of California without regard to
its provisions regarding conflicts of law. You agree to submit
to the exclusive jurisdiction of the federal, state, and local
courts located within the State of California. If any provision
of these Terms of Use is unlawful, void, or unenforceable,
it will not affect the validity and enforceability of any
other provision. These Terms of Use set forth the entire agreement
regarding all of the matters discussed herein. Because these
Terms of Use are subject to change and you will be legally
bound by such changes, you should periodically visit this
section to review the current Terms of Use. We reserve the
right to terminate this agreement at any time without notice
for any reason. These Terms of Use were last updated on October,
2002. Copyright © 2002 Starway Pictures Productions &
Presentations, Inc. All rights reserved. |