PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT ALL TERMS, CONDITIONS AND RESPONSIBILITIES OF THIS AGREEMENT.
1.Introduction
This web site (“Web Site”) is operated by Terra Nova Films, Inc. (“TNF”, “we” or “us”).In this agreement, the term Web Site includes all web sites and web pages within terranovafilms.org as well as any equivalent, mirror, replacement, substitute or backup web sites and web pages there to and thereof.Please also review the terms of our Privacy Policy.Your use of this Web Site is subject to the following Terms of Use. You agree to the Terms of Use by accessing this Web Site and/or by accepting any information from this Web Site. TNF reserves the right, in its sole discretion, to modify, alter or otherwise change the Terms of Use at any time. Please check these Terms of Use periodically for changes.By using this Web Site after any changes to these Terms of Use are posted, you are indicating your acceptance of those changes.
This agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages.This is the entire and exclusive agreement between you and us regarding use of the Web Site and it cannot be modified, except as specifically described herein.
This Web Site is offered and made available only to users 18 years of age or older. If you are not yet 18 years old, please discontinue using this Web Site immediately or if, for any reason, you do not agree with all of the terms and conditions contained herein, please discontinue using the Web Site immediately.
The Web Site and the information contained in reference herein are for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on the Web Site, you should confirm any facts that are important to your decision. This Web Site and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Web Site. TNF is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose web sites we link.
2. Ownership of Intellectual Property
All Web Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Web Site including, without limitation, the selection, sequence and look and fee and arrangement of items, (individually and/or collectively Material), are the property of TNF, its subsidiaries, affiliates, licensors or suppliers and are legally protected, without limitation, under the U.S. federal and sate, as well as applicable foreign, laws, regulations and treaties. TNF may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. Any reproduction, copying or redistribution for commercial purposes of the Materials or design elements of the Web Site is strictly prohibited without the express written consent of TNF or its owner if TNF is not the owner. All rights in the product names, company names, trade names, logos, product packaging and designs of TNF or third-party products or services whether or not appearing in large print or with the trademark symbol, belong exclusively to TNF, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and noting stated or implied on this Web Site confers on you any license or right under any patent, copyright or trademark of TNF or any third party.
3. Copyright Agent
Pursuant to the terms of the Digital Millennium Copyright Act, TNF has designated a Copyright Agent to receive notice of claims of copyright infringement on the Web Site. TNF’s Copyright Agent is Virginia Priestman who may be reached by telephone at 773-881-8491 or by e-mail at ginny@terranova.org.
If you believe that your work has been copies in a way that constitutes copyright infringement please promptly provide the Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Web Site;
(d) your address, telephone number and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf; and
(g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owners behalf.
4. Links
This Web Site may contain links to other web site (Linked Sites). The Linked Sites are not under the control of TNF and TNF is not responsible for the contents of the Linked Sites. TNF provides any Linked Sites to you only as a convenience, and the inclusion of any such Linked Sites is not an endorsement by TNF in favor of any company offering Internet services, products or services on the Linked Sites.
Other sites may link without prior permission to the Web Site’s home page only through a plain-text link. Permission must otherwise be granted by TNF for any other type of link to the Web Site. To seek our permission, you may write to James Riemersma, Terra Nova Films, Inc., 9848 S. Winchester Avenue, Chicago, Illinois 60643. Any third party web site that links to the Web Site shall not create a frame, browse or border environment around any of the content of the Web Site.; (b) may link to, but not replicate, Web Site content; (c) shall not imply that TNF is endorsing or sponsoring it or its products or services; (d) shall not present false information about TNF or its products or services; (e) shall not use TNF trademarks without the prior written permission of TNF; and (f) shall not contain content that could be construed as distasteful, offensive, obscene or controversial.
5. No Solicitation
You agree not to use the Web Site to advertise or to solicit anyone to buy or sell products or services or to make donations of any kind without the express written approval of TNF.
6. No Spamming
You agree not to utilize this Web Site for purposes of spamming (i.e., unsolicited e-mail).
7. Promotions and contests
The Web Site may contain sweepstakes and other contests and promotions that require you to send material or information about yourself. Those sweepstakes, contests or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration and/or entry are valid. You agree to read and comply with such rules before entering any sweepstakes, contest or promotion on this Web Site.
8. Membership and registration
Certain areas of this Web Site may require you to register or ask you to provide information to participate in certain features or access certain content. Your decision to provide that information is purely optional. If you elect not to provide that information, however, you may not be able to access that area, feature or content. If you elect to provide that information, you agree to provide information that is true and accurate. You may also be required to choose a user name and password. It is your responsibility alone to ensure the confidentiality of that name and password. You agree not to register under the name of any other person. TNF reserves the right to reject any user name that is, in TNFs sole and absolute judgement, offensive. You agree to notify TNF of any unauthorized use of your user name and/or password. You must be at least 18 years old to register on the Web Site.
9. Purchase of Merchandise
In the event any merchandise or services are offered for sale via this Web Site which are listed at an incorrect price or contain other incorrect information, TNF shall have the absolute right to refuse or cancel any order placed for such merchandise or services and TNF is released from liability for same. Your only remedy is to return to TNF or a third party offering that merchandise for a refund, at TNFs or the third partys sole discretion.
10. Submissions
TNF welcomes your comments but does not accept unsolicited submissions for programming, web sites and other products and we cannot review your submissions. TNF has adopted this policy to avoid misunderstandings about projects TNF develops which may appear to be similar to someone elses idea, suggestion or material. If you choose to submit material to TNF despite this request not to submit ideas for programming, web sites and other products, TNF will not treat any submission as confidential. TNF will not be liable for any use or disclosure of that submission to any third party and/or for loss of any material submitted and may use it for any purpose. By submitting material to this Web Site you acknowledge that the material may be identical with or similar to themes, plots, ideas, formats or other elements that TNF has independently developed or that has or may come to TNF from other sources. You represent and warrant that the submission is wholly original to you and its use will not violate the rights, common law or otherwise, of any kind or nature whatsoever of any third party or entity. Any submission will become the sole property of TNF and will not be returned to you and TNF shall not be required to respond to any submission received. You agree that you are not entitled to any compensation by reason of TNFs use of similar or identical material.
11. Disclaimer and Release of Liability
YOU AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. NEITHER TNF, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SHAREHOLDERS, INVESTORS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEB SITE. TNF DOES NOT REPRESENT AND WARRANT THAT THE WEB SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEB SITE.
TNF DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR ANY INFORMATION, PRODUCT OR SERVICE OFFERED ON THIS WEB SITE.
TNF IS NOT LIABLE FOR ANY INJURY ARISING OUT OF THE USE OF THIS WEB SITE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TNF IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT TNFS LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEB SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO TNF FOR THE USE OF THE WEB SITE.
12. Indemnification
You agree, at all times, to defend, indemnify and hold harmless TNF, its respective affiliates and parent companies and each of their respective directors, officers, employees, shareholders and agents from and against any and all claims, actions, liabilities, damages, injuries, costs and expenses including, without limitation, attorneys fees and court costs, arising out of any use you make of the Web Site.
13. Governing Law
This Web Site originates from and is maintained in the United States of America. This Agreement has been made in and shall be construed in accordance with the laws of the State of Illinois. You consent to the exclusive jurisdiction of the state and federal courts located in Illinois in all disputes arising out of or relating to this Agreement or use of this Web Site. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any cause of action you may have with respect to your use of this Web Site must be commenced within one (1) year after the claim or cause of action arises and you hereby expressly waive any right you may have under applicable federal, state or local statutes of limitations. TNF makes no representations regarding the legality of access to or use of the Web Site or the materials contained herein from other countries. Access in countries where the materials contained herein are illegal is prohibited. Users who access the Web Site from outside the United States do so at their own risk.
14. Severability
If any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of this Agreement which shall remain in full force and affect.
15. Entire Agreement
This Agreement and any rules for the Web Site established by TNF constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all previous written or oral agreement between the parties with respect to that subject matter.
16. Headings
The paragraph headings used herein are for convenience only and shall not be used to limit any portion of this Agreement.
