Background
RINGIER STUDIOS, INC., (“RINGIER”) a Delaware Corporation, has adopted this Terms of Use (“Agreement” or “Terms”) that is a legally binding agreement that governs your your use of the website: www.ringierstudios.com (the “Site”), as operated by RINGIER. The Terms are applicable to everyone using or accessing this Site (the “Visitor”). As such, this a legally binding agreement between you and RINGIER.
Use Agreement
By using the Site you signify that you have read, understand and agree to be bound by these Terms.
RINGIER RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD, OR DELETE PORTIONS OF THIS AGREEMENT AT ANY TIME WITHOUT FURTHER NOTICE.
A CURRENT VERSION OF THESE TERMS WILL BE AVAILABLE VIA THE SITE’S HOMEPAGE. YOUR CONTINUED USE OF THE SITE AFTER ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS OF USE. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE SITE. IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THESE TERMS.
Limitations on Use and General Acknowledgements and Representations
You understand and agree that the Site is available for your personal, non-commercial use only. You represent and warrant that you will use the Site only for legal reasons.
You further agree to refrain from using automated scripts to collect information from the Site or for any other purpose. You further agree that you may not use Site in any manner that could damage, disable, overburden or impair Site or violate the rights of any person. Specifically, and without limitation, you agree not to use the Site to, directly or indirectly:
- upload, post, email, transmit or otherwise make available any material that contains software viruses, trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- commit or cause the commitment of any “click-fraud” or other act, such as using spiders, robots, web scrapers, screen scrapers, internet macros or other automated software programs, that intentionally misrepresents advertising or voting metrics on the Site.
- engage in any conduct that is, or that RINGIER deems to be, in violation of the Terms.
Proprietary Rights in Content
All content on the Site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the “Content”), are the proprietary property of RINGIER, or its advertisers, partners or licensors. All rights reserved. Except as expressly provided herein, the Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without RINGIER’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Notwithstanding the foregoing, in all cases, you may not republish or use Content on any Internet, intranet or extranet site, or on any other tangible or intangible media or incorporate the information in any other database or compilation without first obtaining RINGIER’s prior written consent. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Site are either trademarks of RINGIER or its advertisers, partners or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of RINGIER.
YOU AGREE NOT TO REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE ANY SOFTWARE OR ASSOCIATED CODE AVAILABLE ON OR THROUGH THE SITE(S) OR AVAILABLE THROUGH ANY SERVICE(S) OFFERED ON OR THROUGH THE SITES TO ANY HUMAN PERCEIVABLE FORM OR TO ANY FORM WHATSOEVER. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON ANY SUCH SOFTWARE, OR ANY PART THEREOF.
Links to Other Websites and this Site
The Site may contain advertising links to other sites (the “Third-Party Sites”). RINGIER is not responsible for the content, accuracy or opinions expressed in any Third-Party Site, and such Third-Party Sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked site (to Third-Party Sites or otherwise) on the Site does not imply approval or endorsement of the linked site by RINGIER. If you decide to leave the Site and access these third-party sites, you do so at your own risk. Moreover, your use of each Third-Party Site is subject to the terms of use, if any, set forth by each of the Third-Party Sites. If there is any conflict between the terms set forth in this Agreement and any of the terms or notices set forth on any other Third-Party Site, then the terms of that Third-Party Site will control your use of that Third-Party Site. Please review the terms of use for each Third-Party Site so that you understand all of the terms that will apply.
Advertiser Disputes
You are solely responsible for your interactions with advertisers that may use this Site. RINGIER reserves the right, but has no obligation, to monitor disputes between you and advertisers. You will not hold RINGIER responsible for the actions or inactions of any advertisers. We have no control over and do not guarantee (a) the truth or accuracy of any advertisements on the Site or (b) any advertiser will actually complete a transaction with you at all or to your satisfaction. If you have a dispute with one or more advertisers of the Site, you release RINGIER (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes to the fullest extent permitted by law. If you are a resident of California you waive all rights afforded to you under California Civil Code §1542, which says:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Privacy
RINGIER cares about the privacy of its members. Please review the Site’s Privacy Policy incorporated herein for all purposes.
Disclaimers
The Site may be temporarily unavailable from time to time for maintenance or other reasons. RINGIER assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. To the furthest extent allowed by law, under no circumstances will RINGIER be responsible for any loss or physical damage, including personal injury or death, resulting from anyone’s use of the Site, or any interactions between users of the Site, whether online or offline. THE SITE IS PROVIDED “AS-IS” AND RINGIER DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RINGIER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL RINGIER BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE SITE, EVEN IF RINGIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, RINGIER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU DIRECTLY TO RINGIER FOR SERVICES PROVIDED TO YOU VIA THE SITE.
Governing Law and Venue
This agreement and performance under this agreement shall be governed by the laws of the State of California and the validity, interpretation and effect shall be governed by the laws of California applicable to contracts executed and performed wholly therein. The Federal and State courts within California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts.
Indemnity
You agree to indemnify and hold RINGIER, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, due to or arising out of your use of the Site or your breach of any provision contained in these Terms.
Age Requirements; Parental Notification and Responsibility
You represent that you are at least 18 years of age; provided that if you are under the age of eighteen (18) (a) your parent and/or guardian consents to the terms of these Terms and (b) your use of the Site shall only be permitted upon confirmation of consent and authorization of your parent(s) and/or legal guardian(s) or by demonstration that you have been deemed an “emancipated minor” by a court of competent jurisdiction. Notwithstanding the foregoing, you must be fourteen (14) years of age or older to access any portion of the Site and if you are under fourteen (14) years of age you are not allowed to provide RINGIER any personally identifiable information. You acknowledge if you provide RINGIER any personally identifiable information and are under the age of fourteen (14), RINGIER will make every effort to destroy/delete that information.
RINGIER’s Right to Terminate and Other Restrictions
Using the site as a Visitor is void where prohibited. By using the Site, you represent and warrant that you agree to abide by all of the terms and conditions of this Agreement. RINGIER may terminate your Visitor status or your access to all or portions of the Site for any reason or no reason at any time, in RINGIER’s sole discretion.
Miscellaneous
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding your use of the Site, and with respect to online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You assume full responsibility for compliance with all local, state and national laws and agree to indemnify and hold RINGIER harmless for any violation of any such law arising out of or related to your use of the Site.
These Terms constitute the entire agreement between you and RINGIER regarding the use of the Site, superseding any prior agreements between you and RINGIER relating to your use of the Site. The failure of RINGIER to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.