PLEASE READ THESE TERMS
AND CONDITIONS CAREFULLY BEFORE USING THE NIGHTVISIONENT.COM WEBSITE (the
"Site").
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This Site is fully controlled and
operated by The Night Vision Entertainment. ("Wantickets"
or "us"). By accessing and using this Site, you are hereby agreeing
to be legally bound by the terms and conditions of WS7Media (the
"Agreement"). Please note that this Site and the Services (as
defined below) offered are only open to users 13 years of age or older. If
you do not agree with all of the following terms and conditions, please do
not use this Site. By registering for this Site, you will automatically be
registered to use Want Media's other websites and all of the services offered
by each, including but not limited to chat rooms, message boards, email
services. We reserve the right, at our sole
discretion, to change, modify or otherwise alter these terms and conditions
at any time. Such changes and/or modifications shall become effective
immediately upon the posting thereof. Without limiting the foregoing, we may
occasionally notify you by email about changes to the Site or provide notices
of changes by displaying notices or links to notices to you generally on the
Site. Please review the terms and conditions periodically. Your continued use
of the Site following the posting of changes and/or modifications will
constitute your acceptance of the revised terms and conditions. For your
information, this page was last updated on April 30, 2002. OWNERSHIP OF INTELLECTUAL
PROPERTY All site software, design, text,
images, photographs, illustrations, audioclips, videoclips, artwork, graphic material, or other
copyrightable elements, and the selection and arrangements thereof, and
trademarks, service marks and trade names (the "Material") are the
property of Night Vision Entertainment and/or its subsidiaries, affiliates or
assigns or Night Vision Entertainment's licensers or other respective owners
and are protected, without limitation, pursuant to U.S. and foreign
copyright, trademark and other applicable laws. Night Vision Entertainment
hereby grants you a personal, non-exclusive, non-assignable and
non-transferable license to use and display the Material for noncommercial
and personal use only provided that you maintain all copyright and other
notices contained in such Material. You agree not to reproduce, modify, create
derivative works from, display, perform, publish, distribute, disseminate,
broadcast or circulate any Material to any third party (including, without
limitation, the display and distribution of the Material via a third party
website) without the express prior written consent of Night Vision
Entertainment. Use of Night Vision Entertainment and/or its licenser'
material is only permitted with their express written permission. You further
agree that you will not disassemble, decompile, reverse engineer or otherwise
modify the Material. Any unauthorized or prohibited use may subject the
offender to civil liability and criminal prosecution under applicable federal
and state laws. MESSAGING SERVICES (E.G. EMAIL
AND NightVisionEnt.com CHAT.) 1. Description of Services: During
registration you will be asked to provide current, complete and accurate
information as prompted to so do. You will then enter your registered
username and password. Your username and password will be used for all
Services offered by the Sites. You are entirely responsible for maintaining
the confidentiality of your username and password. A user's IP address and
identity will not be displayed in connection with the Services, unless the
user selects this option during registration and customization of the
Services. All information requested during registration shall be referred to
as the "Registration Data". Please read the Night Vision
Entertainment Privacy Policy for information on how Want Media collects and
uses user's personal information. Notwithstanding the terms of the Night
Vision Entertainment Privacy Policy, you grant to Night Vision Entertainment
the right to disclose the Registration Data to third parties for the purposes
of administering and maintaining the Services. Furthermore, while it is Night
Vision Entertainment's policy to respect the privacy of its users, including
information about user's use of the Services, including the contents of
users' email and messages ("Email Content"), Night Vision
Entertainment reserves the right to monitor, edit or disclose any personal
information about the user, his/her use of the Services, or such contents, in
the event that Night Vision Entertainment believes that such action is
necessary in order to 1) conform to legal requirements or comply with legal
process; 2) to protect and defend the rights of Night Vision Entertainment;
3) to enforce the Terms of Service; or 4) to act to protect the interests of
its members and others. You agree to notify Night Vision Entertainment
immediately in the event that you believe that there is unauthorized use of
your account. 2. Advertising. Users may from time
to time enter into correspondence with or participate in the promotions of
advertisers through the Services. All such correspondence, including, without
limitation, any resulting contractual agreements, are solely between the
advertiser and the user and, as such, WS7Media shall not be responsible for
upholding any applicable terms, conditions, representations of warranties
made by advertiser or user in connection therewith. 3. User Storage Space. The amount
of storage space per user is limited. Some messages may not be processed due
to space constraints or outbound message limitations. Night Vision
Entertainment assumes no responsibility for the deletion or failure to store,
deliver, or deliver in a timely manner email messages. 4. Rules of Conduct. You agreed
that your use of the Services is subject to all applicable local, state,
national and international laws and regulations and you are solely
responsible for all acts or omissions that occur under your account or
password, including, without limitation, the contents of your transmissions
through the Services. User agrees not to: Disseminate
content intended to harass, abuse, threaten, impersonate any other individual
or entity, disseminate obscene, defamatory,
indecent, harmful, libelous, unlawful and/or other objectionable
material/information. 6. Disclaimer and Limitations of
Liability Night Vision Entertainment is not liable
for failure to monitor or edit messages sent over the Services. Night Vision
Entertainment does not endorse the content of users' communications and does
not assume liability for any threatening, libelous, obscene, harassing or
offensive material contained therein, User is
responsible for maintaining the confidentiality of user's passwords and for
all activities which occur under user's account. COMMUNITY STANDARDS AND
SUBMISSIONS To the extent that portions of
this site provide users an opportunity to submit, post and/or exchange
information, ideas, opinions, photographs, images, video, creative works, or
any other material (hereafter, the "Posting(s)"), please be advised
that Postings do not necessarily reflect the views of Want Media. In no event
shall Night Vision Entertainment assume or have any responsibility or
liability for any Postings or for any claims, damages or losses resulting from
their use and/or appearance on this site. By submitting a Posting, you
authorize Night Vision Entertainment to use, and authorize others to use,
such Postings in whole or in part, throughout the universe in perpetuity in
any and all media, now known or hereafter devised, alone, or together or as
part of other material of any kind or nature. By submitting a Posting, you
represent and warrant that you have all necessary rights in such Posting and
all information contained therein and that such Posting does not contain libelous,
tortious, or otherwise unlawful information which
may infringe upon the right of any third party. If your Posting incorporates
the name, voice, likeness or image of any individual, you represent and
warrant that you have the right to grant Night Vision Entertainment
permission to use such name, voice, likeness and/or image of such individual
appearing in the Posting in all media throughout the world in perpetuity.
Without limiting the foregoing, Night Vision Entertainment will have the
right to use and change the Postings in any manner that Night Vision
Entertainment may determine. Please be advised that in no event shall Night
Vision Entertainment assume or have any responsibility or liability for the
manner in which the Posting is exploited or for any claim, damages or losses
resulting from their use and/or appearance on Night Vision Entertainment's
websites, affiliated television programming services or elsewhere. Please also understand that your
Postings shall not be returned by Night Vision Entertainment. You agree to
defend, indemnify and hold Night Vision Entertainment, it parent, affiliated
subsidiary and/or related entities and parties harmless from and against any
breach or alleged breach of any of your representations, warranties or
undertakings hereunder. The Night Vision Entertainment chatroom/bulletin board may be used for noncommercial
purposes only. Users may not post any information intended to promote and/or
generate revenue for any third party business activity. Although Night Vision
Entertainment periodically monitors the content posted on this Site, we
cannot be responsible for the views or opinions expressed by third parties.
Nonetheless, Night Vision Entertainment will make every effort to ensure that
the chatroom/bulletin boards best serve the
interests of all users and, therefore, Night Vision Entertainment reserves
the right to refuse to post, edit, or delete messages or any Postings that
violate the above-referenced Rules of Participation or Terms and Conditions
of this Site, as well as revoke the privileges of users who do not comply
with such rules or block specific IP addresses and delete user's password and
username. If you believe that any information provided on this Site violates
the Rules of Participation, Terms of Use of this Site, or otherwise infringes
upon the rights of any third party, please send us e-mail. CONTESTS AND SWEEPSTAKES,
AUCTIONS, AND OTHER ACTIVITIES Night Vision Entertainment
provides Rules of Participation for certain activities on this Site
including, without limitation, e-mail services, contests, sweepstakes, and
auctions by Night Vision Entertainment and in conjunction with third parties.
This Agreement is incorporated by reference to the specific Rules of
Participation, which appear in connection with information about a particular
activity. To the extent that any conflict exists between this Agreement and
specific Rules of Participation, the Rules of Participation for the activity in
which you choose to participate shall govern. DISCLAIMER AND LIMITATION OF
LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND
TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Night Vision Entertainment is not responsible or liable for any
infections or contamination of your system, or delays, inaccuracies, errors,
or omissions arising out of your use of this Site or with respect to the
information and material contained on this Site. The entire risk as to the
quality, accuracy, adequacy, completeness, correctness and validity of any
material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, Night Vision Entertainment, ITS AFFILIATES, AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSERS,
REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR
DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY,
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON
THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY Night
Vision Entertainment OR ANY THIRD PARTY. Notwithstanding the foregoing, in no
event shall Night Vision Entertainment's liability to you for any and all
claims, damages, losses, and causes of action (whether in contract, tort or
otherwise) exceed the amount paid by you, if any, for accessing this Site. HYPERLINKS TO THIRD PARTY SITES The appearance of external
hyperlinks does not constitute endorsement by Night Vision Entertainment, its
subsidiaries and affiliates of the opinions or views expressed by these
linked websites and Night Vision Entertainment does not verify, endorse, or
take responsibility for the accuracy, currency, completeness or quality of
the content contained in these sites. Furthermore, Night Vision Entertainment
is not responsible for the quality or delivery of the products or services
offered, accessed, obtained by or advertised by such sites. As such, neither Night
Vision Entertainment, its subsidiaries and
affiliates will be responsible for any errors or omissions or for the results
obtained from the use of such information contained in these sites. To the
extent that these sites collect personal information (the
"Information") or Postings from the end user, be advised that in no
event shall Night Vision Entertainment assume or have any responsibility or
liability for the manner in which the Information or Postings are exploited
or for any claims, damages, or losses resulting from their use and/or
appearance on these sites. Finally, Night Vision Entertainment will under no
circumstances be liable for any direct, indirect, incidental or special loss
or other damage, whether arising from negligence, breach of contract,
defamation, infringement of copyright or other intellectual property rights,
caused by the exhibition, distribution or exploitation of any information or
content contained within these sites. INDEMNIFICATION You agree to indemnify, defend
and hold harmless, Night Vision Entertainment, its affiliates, and their
respective officers, directors, employees, agents, licensors,
representatives, and third party providers to the Site from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement by you. Night Vision
Entertainment reserves the right to assume, at its sole expense, the
exclusive defense and control of any matter subject to indemnification by
you, in which event you will fully cooperate with WS7Media in asserting any
available defenses. MISCELLANEOUS Night Vision Entertainment
operates and controls this site from its offices in Laguna Niguel This Agreement and all matters or
issues collateral thereto will be governed by, construed and enforced in
accordance with the Laws of the State of New York applicable to contracts
executed and performed entirely therein (without regard to any principles of
conflict of laws), and jurisdiction for any court action in the State of
California and County of Orange. Questions and Concerns. For more
information about Night Vision Entertainment, send us an e-mail. |