The following Terms and Conditions (“Terms and Conditions“) govern your use of the World Wide Web Site located at Celluloid Junkie (the “Site“). By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use the Site and must exit immediately.
These Terms and Conditions may be changed at any time without prior notice. If Celluloid Junkie makes changes to its Terms and Conditions, this page will be modified accordingly. It is the obligation of users visiting the Site to familiarize themselves with these Terms and Conditions. Any change to these Terms and Conditions shall be effective as to any visitor who has visited the Site before any change was made.
1. Proprietary Rights
All works of authorship, information, content, and material appearing on or contained in this Site (“Site Materials“) are protected by law, including but not limited to, United States copyright law. Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are © 2007-2008 Celluloid Junkie all rights reserved. Celluloid Junkie (“Celluloid Junkie“) also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any or all Site Materials, in whole or in part, without the prior written consent of Celluloid Junkie, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to any Site Materials or any other proprietary information of Celluloloid Junkie, without Celluloid Junkie’s advance written consent, is prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Celluloid Junkie or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
Except where otherwise noted, any and all content contributed by you to the Site is submitted under a Creative Commons Attribution-ShareAlike 3.0 Unported License.
By posting or contributing content using these Services, you are granting the CMLP a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work.
User contributed content should be relevant to the subject scope of the Site. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.
Celluloid Junkie does not pre-screen or regularly review any contributed content, but Celluloid Junkie has the right (though not the obligation) to remove, without notice, any content posted which Celluloid Junkie considers, for any reason, to violate these Terms and Conditions or to be outside the subject scope of the Site.
By posting any content, you represent and warrant that you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.
2. Nature of the Internet
Given the nature of the Internet, the transmission of any communication or material to Celluloid Junkie via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed as secure.
3. Privacy Statement
4. Securities Information
This Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Site may contain information and press releases about Celluloid Junkie, and although this information was believed to be accurate as of the date prepared, Celluloid Junkie disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a “forward looking statement“ as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the “safe harbor“ for forward looking information and is subject to material risk factors which may or may not be disclosed herein.
5. Disclaimer of Warranty and Liability
The site, the site materials on and in and made available through the site, and the services, information, and products offered in connection therewith are made available “as is“ and “with all faults.” Use of this site is entirely at your own risk.
Celluloid Junkie makes no representations or warranties, and disclaims all representations and warranties, with respect to this site, the site materials on and in and made available through this site, and the services, information, and products offered in connection therewith, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, and effort with regard to any and all site materials on and in and made available through this site is with you.
Celluloid Junkie shall not be liable for any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or does result from the use of, access to, or inability to use this site, the site materials on and in and made available through this site, or the services, information, and products offered in connection therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Celluloid Junkie to you or any other person or entity in connection with, based upon, or arising from the site, the site materials on and in and made available through this site, or the services, information, or products offered in connection therewith exceed the price paid by you for use of the site.
6. Corrections and Changes
Celluloid Junkie endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Celluloid Junkie is not responsible for any errors or omissions in the Site or Site Materials. Celluloid Junkie may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and Celluloid Junkie makes no commitment to update the information contained on or in this Site. Celluloid Junkie reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
You agree to defend, indemnify, and hold harmless Celluloid Junkie, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including without limitation attorneys’ fees and litigation expenses) relating to or arising from this Site, your use of this Site, your Submission(s) to the Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.
8. Links to Other Web Sites
The Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. These sites are maintained by organizations over which Celluloid Junkie exercises no control, and Celluloid Junkie expressly disclaims any and all responsibility for the content, the accuracy of the information or quality of products or services provided by or advertised on these third-party sites. Without limiting anything else in these Terms and Conditions or otherwise, Celluloid Junkie is not responsible for any errors or omissions in the Site or Site Materials, or for the information, links, text, graphics, or other items made available on other Web sites or by third parties.
9. Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither Celluloid Junkie nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
10. Governing Law and Jurisdiction
These Terms and Conditions, including, without limitation, the Privacy Statement, represent the entire agreement between you and Celluloid Junkie with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the law without reference to its conflict of law rules; Provided, however, that the Terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these Terms and Conditions of the applicability of one or more sections of the law.
By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts Celluloid Junkie presides in and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. The Site is controlled and operated by Celluloid Junkie from its offices within the United States. Without limiting anything else, Celluloid Junkie makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Celluloid Junkie to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions, including, without limitation, the Privacy Statement, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Statement). The waiver or failure of Celluloid Junkie to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.