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Terms of Use

This website is owned and operated by McMoss Productions, Inc. (""we", "us", "our"). These Terms of Use (the "Terms of Use") contain the terms and provisions applicable to your access to and use of www.blindersthemovie.com (the "Website"). Your use of this Website is subject to these Terms of Use (and any other feature, content or application offered from time to time by the Website) and all applicable laws, rules and regulations. Please read these Terms of Use carefully and contact us with any questions.

1. Acceptance of Terms

We welcome you to our Website. By accessing this Website, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Use, do not access this Website. These Terms of Use may be modified, changed or altered by us at any time without prior notice. Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Website. You can review the most current version of these Terms of Use at any time at http://www.blindersthemovie.com/terms-of-use.php. In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use. Your continued access of the Website after such changes are made conclusively demonstrates your acceptance of such changes.

2. No Warranty

Your use of the Website is at your sole risk. The content and information posted on the Website is provided to you "as is" without warranties or representations of any kind. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Website to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Website. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Website. We make no warranties or representations that your use of content and information posted on this Website will not infringe rights of third parties.

Any material or software downloaded by you from the Website is done at your own discretion and risk, and we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material.

3. Permitted Uses

This Website is not intended for, and we have no intention of collecting personally identifiable information from, children under the age of 13. Additionally, if you are 17 or younger, you are not authorized to submit any content or information to this Website without the explicit consent of your parent or legal guardian. The content and information posted on this Website are provided as information to interested persons and may be used for informational and personal purposes only. Modification or use of the materials for any other purpose may violate our (or a third party’s) intellectual property rights. This Website is not intended for commercial use Material from this Website may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use this Website and may subject you to legal liability.

Unless otherwise expressly authorized in these Terms of Use or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website without our prior written consent.

4. Links to Third Party Sites; Advertisers

The Website may provide you with links or other access to other websites, services, products or content of third parties. We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend you read the privacy and terms of use policies of each third party’s website that you access.

5. Privacy Policy

Please see our Privacy Policy for additional details with respect to how we maintain and respect the privacy of your personal information. You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.

6. Obey the Law

You agree not to use the Website for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws, rules and regulations related to your use of the Site.

7. User Comments

You will be given the opportunity to post comments and engage other public forums located on the. All information and content provided by you will be displayed publicly. We are not liable or responsible to you in any way for the use of any information and/or content that you may post by any third party. Any user failing to comply with these Terms of Use may be expelled from and refused continued access to, the comment board or other public forums in the future. We may remove or alter any user-created content at any time for any reason. Comment boards, and other public forums are intended to serve as discussion centers for users of the Website. Information and content posted within these public forums may be provided by our staff, outside contributors, or by users not connected with us. We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstance will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of us or any of our subsidiaries or affiliates.

8. Website Conduct

By using the Website generally, or tools or applications for communicating, posting or creating content (collectively, the "User Tools"), you agree to use the User Tools only to post content that is proper and related to the forum presented by the particular area of the Website.

9. Content

In general, the content contained on the Website is supplied by third parties and users. In no event will anything contained in these Terms of Use or any area of the Website be construed as a representation or guarantee with respect to any of the content. We do not guarantee the accuracy, completeness or usefulness of any content. Furthermore, we do not endorse, nor are we responsible for, the accuracy and reliability of any opinion, advice or statement made on the Website by any third party.

You are solely responsible for any content, photos, artwork, videos, text, graphics, articles and other information you upload, post, display or otherwise provide to the Website ("Content"). You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this Paragraph 9; (ii) your Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of your Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and other monies owing to any person by reason of any Content you post on the Website. We reserve the right to monitor any Content you supply and to remove or delete any Content that in our sole judgment violates these Terms of Use or which might be offensive or illegal, or that might violate the rights or threaten the safety of any user of the Website. We also reserve the right to take appropriate legal action in our sole discretion against anyone who violates this Paragraph 9.

Some examples of prohibited Content include Content that:

  • Is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • Harasses or encourages harassment of another person;
  • Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or spam mail;
  • Promotes information that you know to be false or misleading, or promotes illegal activity or conduct that is abusive, inflammatory, tortuous, threatening, obscene, defamatory or libelous;
  • Promotes an illegal or unauthorized copy of another person’s copyrighted work;
  • Contains restricted or password only access pages, or hidden pages or images (which are not otherwise linked to or from another accessible page);
  • Displays pornographic or sexually explicit material of any kind;
  • Solicits personal information about anyone under the age of 18;
  • Violates or encourages the violation of any law, rule, regulation, ordinance or other requirement to which you, any end user, or we are subject;
  • Solicits personal information for commercial or unlawful purposes from other users; and
  • Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.

By supplying Content to any area of the Website, you automatically grant to us, and you represent and warrant that you have the right to so grant, an irrevocable, transferable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicensees of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such Content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such Content.

10. Limitation of Liability; Indemnification

Any liability on our part for damages or injury due to or in connection with accessing and/or making use of the Website is excluded to the broadest extent permitted by law. Under no circumstances shall we have any liability for any incidental, indirect or consequential damages, loss of profit, anticipated savings, loss of data, business interruption, loss of goodwill, claims of third parties, delay damage or punitive damages that result from the use of, or inability to use, the materials on the Website, even if there is negligence or we (or one of our authorized representatives) have been advised of the possibility of such damages, or both. Notwithstanding the foregoing, if we are found to be liable to you for any damage or loss which arises out of or is in any connected with your use of the Website or any content contained therein, our liability shall in no event exceed US$5.00.

You agree to protect and fully indemnify us (and/or our parent, subsidiaries and other affiliated companies) from and against any and all third-party claims, liability, damages, expenses and costs (including, without limitation, reasonable attorneys’ fees) arising from your use of the Website, or violation of these Terms of Use by you or any other user of your account (whether or not authorized).

11. Changes to these Terms of Use

We reserve the right to make changes to these Terms of Use in any way, at any time, for any reason without prior notice. You are bound by any such revisions and should therefore frequently visit this page to review the then current Terms of Use to which you are bound.

12. Reservation of Intellectual Property Rights

You do not acquire any right, title or interest in any content on the Website by virtue of accessing the Website or making use of the permitted uses allowed under these Terms of Use. All copyrights in the Website and content contained in the Website are owned by us. No license to use or reproduce any logo or trademark included on the Website is granted to you by these Terms of Use or otherwise. The trademarks, logos, service marks and business names displayed on the Website are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Website and any unauthorized reproduction, retransmission or other use of any part of the Website may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights. Requests for permission to reproduce any content contained in the Website may be addressed to:

McMoss Productions, Inc.
info@blindersthemovie.com

13. Digital Millennium Copyright Act ("DMCA") Notice

We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Website if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Any user who feels that a posted message is objectionable or infringing is encouraged to contact us immediately. Upon our receipt of a proper notice (please see the section immediately below labeled, "Infringement of Your Rights") of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed in Paragraph 14 below.

14. Notice of Infringement of Your Rights

If you believe that content that you or a third party owns has been used on the Website in a way that violates your’s or someone else’s copyright or other intellectual property rights, please provide us with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Website;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our designated agent for notice of claims of copyright or other intellectual property infringement can be reached at info@blindersthemovie.com.

15. Miscellaneous

Our rights under these Terms of Use may not be waived unless we agree to such change in writing. These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned. These Terms of Use are governed by U.S. federal law and the laws of the State of New York, U.S.A., regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. in all disputes arising out of or relating to the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Paragraph 15. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Website), constitutes the entire understanding between you and us regarding the Services. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16. Notices and Contact Information

We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.

If you have questions or comments for us, please send them to:
info@blindersthemovie.com

Effective Date

These Terms of Use are effective and were last updated on November 7, 2007.

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