IN THESE TERMS AND CONDITIONS, "WE," "US," "ITS" AND "OUR" REFER TO SCI FI STUDIOS. ("Sci Fi Studios" or "scifi-studios.com"), AND "YOU" AND "YOUR" REFER TO YOU. Before using SCIFI-STUDIOS.COM, please read this agreement relating to your use of this website carefully.
Sci Fi Studios may solicit and/or receive creative contributions (the "Contributions") from users of its website (the "Contributors"), SCIFI-STUDIOS.COM, and others, including, but not limited to, characters, scripts, planetary designs, staging and artwork. The Contributor consents to permit Sci Fi Studios, at Sci Fi Studios sole and exclusive discretion, to use the Contributions in any motion picture, television show, on-line game, video game, book, recording, website, or any other medium (the "projects") created, developed, produced or distributed by Sci Fi Studios. Contributors will retain all rights to their submissions. If Sci Fi Studios is interested in using any of the Contributions , we will contact the author to work out a suitable financial agreement prior to using such material .
::ACCEPTANCE OF TERMS
By using SCIFI-STUDIOS.COM and/or making a Contribution, you agree to be bound by these terms and conditions of use ("Terms"). If you do not agree to these Terms, please do not use SCIFI-STUDIOS.COM nor provide any Contributions to Sci FI Studios. Sci Fi Studios provides the information and services on SCIFI-STUDIOS.COM to you and will accept the Contributions from you, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of SCIFI-STUDIOS.COM and/or provision of the Contributions, constitutes your agreement with such Terms.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms to SCIFI-STUDIOS.COM. Your continued use of the SCIFI-STUDIOS.COM website following the posting of changes to these Terms, or your failure to object within a reasonable time, or Sci Fi Studios use of the Contributions prior to your objection, will mean that you accept those changes
::NO UNLAWFUL OR PROHIBITED USE
By using the SCIFI-STUDIOS.COM website, you warrant to Sci Fi Studios that you will not use SCIFI-STUDIOS.COM, or any of the content obtained from SCIFI-STUDIOS.COM, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the SCIFI-STUDIOS.COM website automatically terminates .
::DESCRIPTION OF SERVICE
SCIFI-STUDIOS.COM is a website owned and operated by Sci Fi Studios for the purpose of creating, developing, producing and distributing the projects. Sci Fi Studios is actively soliciting the Contributions for use in the projects and will continue to do so.
Sci Fi Studios currently offers users access to a rich collection of on-line resources that will utilize all or some of the Contributions and Sci Fi Studios will be using certain Contributions in many, if not all, of the entertainment media that make up the projects.
::REGISTRATION OBLIGATIONS
If required by Sci Fi Studios, each Contributor must: (a) provide true, accurate, current and complete information on the Service's registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any Contributo's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that Contributor’s account, and/or use of that Contributor’s Contributions, other than as expressly provided herein.
Each user will receive a password and account designation upon completing SCIFI-STUDIOS.COM registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. Sci Fi Studios cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify Sci Fi Studios of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.
::FAN STORY/SCREEN PLAY SUBMISSION:
Material submitted to SciFi-Studios.com should be copyrighted and registered with the Writers Guild of America prior to posting it on SciFi-Studios.com. Access to the material submitted to SciFi-Studios.com is not restricted in any way, and Sci Fi Studios is NOT responsible for third-party misappropriation of material. Material posted to SciFi-Studios.com is the SOLE responsibility of the submitting author. SciFi-Studios.com reserves the right to remove or edit inaccurate submissions, or any other submissions deemed inappropriate in any way. The work submitted by the author must be original and not in violation of any company's or individual's intellectual property rights . If SciFi-Studios.com wishes to use any works submitted by the authors using our service, we will contact the author to work out a suitable financial agreement prior to using such material for any purpose.
::CONTENT
No Contributor shall transmit Content or otherwise conduct or participate in any activities on SCIFI-STUDIOS.COM which, in the judgment of Sci Fi Studios, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. Sci Fi Studios will not pre-screen or review Contributions and/or Content, but Sci Fi Studios reserves the right to refuse or delete any Contributions and/or Content of which it becomes aware that it reasonably deems not to be consistent with these terms. In addition, Sci Fi Studios shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal.
Sci Fi Studios, in its sole and absolute discretion, may preserve Contributions and/or Content and may also disclose Contributions and/or Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of Sci Fi Studios, SCIFI-STUDIOS.COM users and the public. Sci Fi Studios does not control the Content posted via its website and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Sci Fi Studios be liable in any way for any Contributions and/or Content, including, but not limited to, liability for any errors or omissions in any Contributions and/or Content or for any loss or damage of any kind incurred as a result of the use of any Contributions and/or Content posted, emailed or otherwise transmitted via SCIFI-STUDIOS.COM or any service thereon.
Each user, by using SCIFI-STUDIOS.COM, may be exposed to Contributions and/or Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
All member submitted content on the site is copyrighted by the submitting member and may not be used anywhere for any purpose without their permission.
::LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON SCIFI-STUDIOS.COM
Use, reproduction, modification, and other intellectual property rights to messages posted on the message boards of SciFi-Studios.com by users shall be subject to the licensing arrangements that may be approved by Sci Fi Studios.
With respect to text or data ( posted messages ) entered into and stored by the publicly-accessible message board and bug tracker ("SCIFI-STUDIOS.COM Public Content"), the submitting user consents to Sci Fi Studios use of such SCIFI-STUDIOS.COM Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display projects activity, such content is owned by Sci Fi Studios.
::REPRESENTATIONS
Any Contributor who makes a Contribution, and/or submits Content, to Sci Fi Studios represents and warrants as follows:
a. The Contribution and/or Content was written solely by the Contributor and is wholly original with the Contributor.
b. Neither the Contribution and/or Content, nor any part or element of the Contribution and/or Content: (A) Infringes on or violates the personal or Contribution and/or Content rights or any other rights of any person or entity (including, without limitation, the rights of copyright, trademark, privacy, and publicity); or (B) contains any element or material that in any manner constitutes a libel, slander, or other defamation of any person or entity.
c. The Contribution and/or Content and all other rights and privileges granted or to be granted to Sci Fi Studios under this Agreement are and will at all times be free and clear of any liens, claims, charges, or encumbrances.
d. No claims, litigation, or other proceedings have been asserted or brought and no claims, litigation, or proceedings are pending or threatened relating to the Contribution and/or Content, the Rights (as defined below), or to any of the other rights and privileges granted or to be granted to Sci Fi Studios under this Agreement.
e. The Contributor has not in any way exercised or disposed of his or her rights to the Contribution and/or Content, or any part thereof. Without limiting the generality of the foregoing, the Contribution and/or Content has not previously been performed, exploited, or exhibited as a motion picture, television production, audio-visual production, play, or other form, and no rights have been granted or licensed to any third party to do so.
f. No part of the Contribution and/or Content is in the public domain.The Contributor is the sole and exclusive owner of all of the rights and privileges granted under this Agreement and the Contributor has full right, power, and the authority to make and perform this Agreement without obtaining the consent or approval of any person or entity.
g. The Contribution and/or Content may be validly copyrighted and registered for copyright in the United States of America and may similarly be protected elsewhere to the maximum extent that the laws of other countries provide for such protection.
h. Neither Sci Fi Studios nor the Contributor has done or omitted to do, nor will either of them do or omit to do, any act or thing that would or might impair, encumber, or diminish Sci Fi Studios full enjoyment of the Rights and all other rights and privileges granted and to be granted to Sci Fi Studios under this Agreement.
::WAIVER OF RIGHTS
The Contributor agrees to grant the following rights to Sci Fi exclusively with regards to the Contribution and/or Content that the Contributor submits to Sci Fi:
a. The right to make and produce an unlimited number of motion pictures based upon or adapted from all of any part of the Contribution and/or Content (each, a "Picture Version") including, without limitation, musical motion pictures, dramatic motion pictures, remakes of, prequels and sequels to any Picture Version and motion pictures in series or serial form, and to record, reproduce, and include in Picture Versions dialogue and other material of any kind or nature taken from, based upon, or adapted from all or any part of the Contribution and/or Content and any and all kinds of music or lyrics and any and all other kinds of sound and sound effects. These Picture Versions may be fixed on film, tape, disc, wire, audiovisual cartridge, cassette, disc, or by any other technical process now known or hereafter devised in any and all sizes, gauges, colors, and types.
b. The right to exhibit, perform, distribute, exploit, rent, sell, and generally deal in and with any Picture Version in any and all languages throughout the world and by any and all media, markets, means, and technical processes now known or hereafter devised including, without limitation: in theaters, in "nontheatrical" markets (including, without limitation, on airlines and ships, in military installations, hospitals, Red Cross facilities, and educational institutions), by means of all forms of television (including, without limitation, free, pay, cable, subscription, and satellite transmitted television), on audio-visual cassettes, discs, and other "home video" devices; and to create and exploit in any and all languages throughout the world sound recordings of any kind and configuration (including, without limitation, phonograph records, cassettes, and discs) containing all or any part of the Contribution and/or Content or any Picture Version.
c. The right to broadcast or transmit by any means and media now known or hereafter devised including, without limitation, by means of television, radio, internet or any process analogous thereto, all or any part of the Contribution and/or Content or other version of the Contribution and/or Content (including, without limitation, any Picture Version) and trailers and announcements of or concerning any Picture Version or other exploitation of the Rights, for advertising, publicity, and promotional purposes.
d. The right to create, make, and exploit in any manner and for any purpose merchandise, products, services, facilities, and commodities of every kind and nature adapted from, based upon, or using all or any element or component of the Contribution and/or Content or any Picture Version, including without limitation: Toys, games, video games, on-line games, computer games, theme park rides and attractions, novelizations, comic books and activity books based on the screenplay of any Picture Version, items of wearing apparel, drawings and posters, sound recordings in any configuration, sheet music and music folios; and the right to make trade deals and commercial tie-ups of all kinds involving the Contribution and/or Content or any Picture Version or other exploitation of the Rights under this Agreement.
e. The right to use all or any part of the Contribution and/or Content, including, without limitation, the title of the Contribution and/or Content or any component of the Contribution and/or Content, as the title of any Picture Version or other product of the exploitation of Producer's Rights under this Agreement (including, without limitation, as the title of any novelization, sound recording, musical composition, music folio, or other item of merchandise).
f. The right, for advertising, publicity, and promotional purposes, to create, publish, and exploit in any and all languages throughout the world and in any form: Excerpts, synopses, summaries, dramatizations, abridged, or revised versions of the Contribution and/or Content and of any Picture Version.
g. The right to adapt, use, dramatize, arrange, edit, vary, modify, alter, transpose, add to, interpolate, and otherwise change the Contribution and/or Content or any part of the Contribution and/or Content that Sci Fi, in Sci Fi’s sole discretion, may determine in the unfettered exercise of the rights and privileges granted to it in these terms, it being understood and agreed that the Contributor hereby irrevocably waives the benefits of any provision of law known as "droit moral," or any similar law in any country or territory throughout the world.
h. The right to copyright any Picture Version, and any other version or product of the exploitation of the Rights, in the name of Sci Fi (or in the name of any person or entity designated by Sci Fi), as Sci Fi
i. Book publication rights;
j. Radio rights;
k. Live television rights;
l. Dramatic stage rights for performance in the immediate presence of the audience; and
m. "Author Sequel" (as defined below) rights, but excluding motion picture and all other rights (other than book publication rights) in any characters and other elements that appear in an Author Sequel if and to the extent the characters or elements appear in the Contribution and/or Content or any Picture Version. An "Author Sequel" will mean any sequel to the Contribution and/or Content (whether written before or after the Contribution and/or Content and regardless of whether the events in said sequel occur before, during, or after the events in the Contribution and/or Content) written by or under the authority of Owner or Author (alone or in collaboration with others);
All Rights will be cumulative and Sci Fi Studios may exercise or refrain from exercising any one or more of said Rights separately from, or simultaneously or in connection with, any other Rights reserved to Sci Fi Studios in these terms or with any rights obtained by Sci Fi Studios from other sources, regardless of whether said Rights are granted in the disjunctive or conjunctive.
If Sci Fi Studios wishes to use any works submitted by the authors using our service, we will contact the author to work out a suitable financial agreement prior to using such material for any purpose.
::NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any portion of the Contribution and/or Content without first notifying Sci Fi Studios of your intent to do so.
::GENERAL PRACTICES REGARDING USE AND STORAGE
Sci Fi Studios may establish general practices and limits concerning use of SCIFI-STUDIOS.COM. While Sci Fi Studios will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Sci Fi Studios has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service. Sci Fi Studios reserves the right to mark as "inactive" and archive SCIFI-STUDIOS.COM accounts and/or projectss that are inactive for an extended period of time. Sci Fi Studios reserves the right to change these general SCIFI-STUDIOS.COM practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
::TERMINATION
We may terminate a SCIFI-STUDIOS.COM user's account and/or rescind our agreement to use any Contribution and/or Content, and/or determine not to consider a Contributor’s Contribution and/or Content in our absolute discretion and for any reason, with or without cause, at any time. We are especially likely to terminate for reasons that include, but are not limited to, the following: 1) violation of these Terms; 2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3) use of SCIFI-STUDIOS.COM or any SCIFI-STUDIOS.COM Service in a manner inconsistent with the terms set forth herein or in other portions of the site; 4) a user's request for such termination; and 5) requirement of applicable law, regulation, court or governing agency order.
Our termination of any user's access to SCIFI-STUDIOS.COM or our use of any Contribution and/or Content hereunder may be effected without notice and, on such termination, we may immediately deactivate or delete user's account and/or bar any further access to such files. Sci Fi Studios shall not be liable to any SCIFI-STUDIOS.COM user or other third party for any termination of that user's SCIFI-STUDIOS.COM access or account hereunder.
::INDEMNITY
Each user shall indemnify, defend and hold harmless Sci Fi Studios, its parent corporation, subsidiaries and affiliates and their respective officers, employees and agents, and each of Sci Fi Studios website partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of SCIFI-STUDIOS.COM; his or her submission, posting or transmission of Content or his or her violation of the Terms.
If Sci Fi Studios becomes subject to a claim against it by any third party as a result of the Contribution and/or Content supplied by a user, arising out of a claim that the Contribution and/or Content infringes a proprietary right of a third party, the Contributor shall, with respect to and to the extent of the portion of the claim pertaining to such Contribution and/or Content, at its sole expense, defend, indemnify and hold harmless Sci Fi Studios with respect to such claim and all costs, expenses (including reasonable attorneys' fees), fines, penalties, deficiencies, losses, liabilities (including settlements and judgments) resulting from, arising from or relating to such claim. THIS SECTION SETS FORTH THE COMPLETE LIABILITY OF THE PARTIES WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL CONTRIBUTION AND/OR CONTENT RIGHTS.
If Sci Fi Studios becomes subject to a third party claim, notice thereof shall be given by Sci Fi Studios to the Contributor as promptly as practicable. Any delay by Sci Fi Studios in providing such notice shall not limit the Contributor’s obligations pursuant to this Agreement except to the extent of any losses caused by such delay. To the extent of the portion of the claim for which the Contributor is responsible pursuant to this Agreement, Sci Fi Studios, under any of the indemnities set forth in this Agreement, shall have sole control of the defense of any such claim and all negotiations for settlement; provided, however, that the Contributor may, at its own cost, participate, through its attorneys or otherwise, in such investigation, trial and defense of such claim and any appeal arising therefrom. Sci Fi Studios shall cooperate, at the cost of the Contributor, with the Contributor in the investigation, trial and defense of such claim and any appeal arising therefrom. The Contributor shall have no authority to make any admission on behalf of Sci Fi Studios or enter into any agreement imposing an affirmative obligation on Sci Fi Studios without Sci Fi Studios prior written consent.
::DISCLAIMER OF WARRANTIES
EACH USER'S USE OF SCIFI-STUDIOS.COM AND SCIFI-STUDIOS.COM SERVICES, AND/OR DONATION OR PURCHASE, IS AT HIS OR HER SOLE RISK. SCIFI-STUDIOS.COM AND SCIFI-STUDIOS.COM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SCI FI STUDIOS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS, OR FOR THE ULTIMATE SUCCESS, FAILURE, PRODUCTION OR NON-PRODUCTION OF THE PROJECTS. EACH SCIFI-STUDIOS.COM USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SCI FI STUDIOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, SCI FI STUDIOS MAKES NO WARRANTY THAT (i) SCIFI-STUDIOS.COM OR ANY SCIFI-STUDIOS.COM SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED AND/OR (v) THAT THE MOVIE, TELEVISION SHOW, ON-LINE GAMES, VIDEOS OR OTHER MEDIUM WHICH MAKE UP THE projects WILL BE DEVELOPED, PRODUCED, CREATED AND/OR DISTRIBUTED. EXCLUDING ONLY DAMAGES ARISING OUT OF SCI FI STUDIOS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SCI FI STUDIOS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SCI FI STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE SCIFI-STUDIOS.COM OR ANY SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SCIFI-STUDIOS.COM OR ANY SERVICE; OR ANY OTHER MATTER RELATING TO SCIFI-STUDIOS.COM OR ANY SERVICE. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN SCI FI STUDIOS AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, SCI FI STUDIOS DOES NOT AND CANNOT CONTROL THE ACTIONS OF SCIFI-STUDIOS.COM USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO SCIFI-STUDIOS.COM OR ANY SERVICES. OPERATION OF SCIFI-STUDIOS.COM MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY SCI FI STUDIOS.
::LIMITATION OF LIABILITY
IN NO EVENT SHALL SCI FI STUDIOS, OUR PARENT CORPORATION, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SCIFI-STUDIOS.COM, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT CORPORATION, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1000. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
::RELEASE
In the event that you have a dispute with one or more SCIFI-STUDIOS.COM users, you release Sci Fi Studios (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
::FRAUD
Without limiting any other remedies, Sci Fi Studios may suspend or terminate your SCIFI-STUDIOS.COM account if we suspect that you have engaged in fraudulent activity in connection with SCIFI-STUDIOS.COM or any SCIFI-STUDIOS.COM Service.
::LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of SCIFI-STUDIOS.COM and your submission of Contributions and/or Content.
::NO AGENCY
You and Sci Fi Studios have no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship, nor is one intended or created by these Terms.
::TRADEMARK INFORMATION
SCIFI-STUDIOS.COM, the SCIFI-STUDIOS.COM logo and other SCIFI-STUDIOS.COM trademarks, service marks, and product and service names are trademarks of SCI FI STUDIOS. All other names and designs may be trademarks of their respective owners. Users may display or use the Sci Fi Studios Marks only upon the express written consent of Sci Fi Studios.
::VIOLATIONS OF TERMS
Please report any violations of the Terms to the SCIFI-STUDIOS.COM Support Manager at
::ENTIRE AGREEMENT
These terms of service contain the entire understanding among the user, Contributor and/or Sci Fi Studios with respect to the subject matter hereof. Correspondence, memoranda or agreements, whether written or oral, originating before or contemporaneously with these terms are superseded by these terms except insofar as they are incorporated by reference. No representations or warranties other than those contained in this Agreement will be binding on Sci Fi Studios or have any force or effect.
::AMENDMENT
These terms of service may be amended only by a document in writing approved and duly executed by an authorized representative of Sci Fi Studios and posted on SCIFI-STUDIOS.COM.
::REPRESENTATIVES AND SUCCESSORS
These terms of service will be binding on and, to the extent set forth herein, will inure to the benefit of the agents, employees, representatives, executors, administrators, heirs, legal successors, and assigns of the Contributor.
::INTERPRETATION OF AGREEMENT
In the event of a conflict regarding the interpretation of these terms, the Contributor agrees that no presumption or burden of proof or persuasion is to be implied from the fact that these terms were prepared by or on behalf of Sci Fi Studios. Paragraph headings are for reference only and are not a part of these terms. If any provision contained in these terms or their application to any person is held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the holding will in no way affect the validity of the remainder of these terms or their application to any other person or persons.
::ATTORNEYS’ FEES
In the event of any dispute between Sci Fi Studios and the Contributor with reference to these terms, the prevailing party or parties will be entitled to recover from the other party or parties all reasonable fees, costs and expenses (including attorney fees) paid or incurred, whether the dispute is resolved through litigation, arbitration, or otherwise.
