This Agreement sets forth the legally binding terms for your use of the Website and the Services (“you”). By using the Website, you agree to be bound by this Agreement. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, please leave the Website and discontinue use of the Website immediately. You acknowledge that your agreement to the terms and conditions of this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged by you. Such consideration includes, but is not limited to, your use of the Website and Services and your receipt of data, materials and information available at or through the Website.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound by any changes to this Agreement when you use the Website or Services after any such modification is posted. It is, therefore, important that you review this Agreement regularly to ensure you are updated as to any changes. If any changes to this Agreement are not acceptable to you, you may choose not to use the Website or Services, or you may opt out of any offer by contacting us at email@example.com.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website or Services at any time, for any or no reason, with or without prior notice, and without any liability for us. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Website or Services if we determine, in our sole discretion, that you pose a threat to the Website or our other users, or that you have violated this Agreement.
I. ONLINE CONDUCT
You, as a user, agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, false, misleading, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If we become aware of any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, or other material on the Website (collectively "Content") provided by you (e.g., through an author chat or user forum, online review or comment posted on the Website) that allegedly infringes upon the intellectual property rights of any third party or otherwise allegedly violates our online conduct policy summarized above, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Website. We may disclose any Content or electronic communication of any kind to satisfy any law, regulation, or court/government order or request, to protect our rights or property (as well as the rights or property of our officers, directors, employees, agents, third-party content providers, affiliates, sponsors, and licensors (collectively, "Providers") or any other user) or if we determine in our sole discretion that such disclosure is necessary or appropriate to operate our Website.
We reserve the right to prohibit any conduct or communication that we deem, in our sole discretion, to be inappropriate or harmful to us, to other individual users, to the Website, to our Providers, to the communities that use the Website, or to any third party, or which we believe to violate any applicable law. Notwithstanding the foregoing, neither we nor any of our Providers can ensure prompt removal of questionable Content after online posting. Accordingly, you acknowledge and agree that neither we nor any of our Providers shall have any liability for any action or inaction with respect to conduct, communication, or Content on the Website.
A. Proprietary Rights
You acknowledge that the Website contains content that is owned by SCG Power Rangers LLC and/or our Providers (“Proprietary Content”) and which is protected by copyright and trademark law and other laws governing intellectual property rights. . Such Proprietary Content includes, without limitation, television and/or film trailers and clips, photographs, text, wallpaper, icons, games and graphics. You acknowledge and agree that such Proprietary Content is protected in all forms, media and technologies now existing or hereafter developed by copyright, trademark and other intellectual property laws both within the U.S. and outside of the U.S. and by international treaties. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works based upon, or in any way exploit any of the Proprietary Content, in whole or in part. If no specific restrictions are displayed, you may download or make copies of select portions of the Proprietary Content, provided that the copies are made only for your personal use and not for any commercial use, and that you maintain any notices contained in the Proprietary Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by applicable law, you may not reproduce or distribute in any way Proprietary Content protected by copyright, or other intellectual property laws, without obtaining permission of the owner of the copyright or other propriety right to such Proprietary Content. You acknowledge and agree that nothing in this Agreement shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Website or Proprietary Content or any part thereof to you or any third party or authorizing you or any third party to create derivative works based on the Proprietary Content. You undertake not to do any act or thing which is inconsistent with, or which is likely in any way to, prejudice our ownership of such Proprietary Content. In addition to the foregoing, use of any software contained in the Website shall be governed by the software license agreement accompanying such software.
B. Distribution/Uploading Of Third-Party Content
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarked material, or other Proprietary Content belonging to others without obtaining the prior written consent of the owner of such Proprietary Content. It is our policy to terminate the account of anyone who infringes upon the copyright, trademark or other intellectual property rights of others upon our receipt of proper notification from the owner or licensee of such intellectual property rights or from such owner’s or licensee's legal agent. Any copyrighted or other Proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, [name of owner] [date]; used with permission." The unauthorized submission or distribution of Proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damages resulting from any infringement by you of any of the intellectual property rights to such Proprietary Content.
By your submitting Content to any user-submission areas of the Website, including, without limitation, any blogs or message boards, you automatically grant us, or warrant that the owner of such Content has expressly granted us, the royalty-free, irrevocable, right and license, during the existence of your copyrights, to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyrights that may exist in such Content. You also permit any other user to access, store, or reproduce your Content for that user’s personal use. Subject to the foregoing, the owner of Content placed on the Website retains any and all rights which may exist in such Content.
C. Copyrights and Copyright Agent
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, ("DMCA") 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Identification and location of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit us to identify the material that is claimed to be infringing or to be the subject of infringing activity so that we may remove or prevent access to such material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright infringement inquiries under the DMCA please contact:
SCG Power Rangers LLC
Attn: Director of Business and Legal Affairs
10100 Santa Monica Blvd.
Los Angeles, CA 90067
Fax: (424) 204-9395
Upon proper receipt of this information from you that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously. If we determine that the material cited by you constitutes copyright infringement, we will remove, or "take down" or otherwise prevent access to the infringing material. At that point we will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the "counter-notice" and "put-back" provisions of the DMCA. Please do not contact our DMCA copyright agent for inquiries other than those relating to alleged copyright infringement.
D. Third-Party Content
We are an online service provider of Content supplied by third parties and users. We have no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including any other user, are those of the respective authors or distributors and not of SCG Power Rangers LLC or its affiliates or any of their officers, directors, employees, or agents. While we have the right to filter or reject Content posted by third parties, we do not have the obligation to do so and we will not do so in most cases. Neither we nor any of our Providers guarantee the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective third party providing such Content. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than us. Under no circumstances shall we, or our affiliates, or any of our officers, directors, employees, or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other Content available through the Website.
E. Links to Third-Party Websites
F. Prohibited Activity/Content
The following is a partial list of the kinds of Content and activity that is illegal or prohibited on the Website or through your use of the Services provided by the Website. We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communications from the Website, terminating the account of such violator and reporting such violator to law enforcement authorities. Prohibited activity includes, but is not limited to, activity and/or Content that we determine in our sole discretion:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- is false or misleading;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- constitutes, furthers or promotes any criminal or tortious activity or enterprise or provides instructional information about illegal activities including, but not limited to violating someone's privacy, or providing or creating computer viruses;
- solicits personal identifying information for commercial or unlawful purposes from other users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- interferes with, disrupts, or creates an undue burden on the Website or the networks or services connected to the Website;
- uses any information obtained from the Services or the Website in order to harass, abuse, or harm another person;
- uses the Website or Services in a manner inconsistent with any and all applicable laws and regulations.
IV. NON-COMMERCIAL USE
The Website is for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Website or Services, including unauthorized commercial use of or framing of photographs contained thereon, collecting user names and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. We reserve the right to take appropriate action with respect to any illegal or unauthorized use of the Website or Services.
V. YOUR ACCOUNT
If you use the Website, you are responsible for maintaining the confidentiality of your account and password (if any) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password.
VI. PASSWORD SECURITY
You are responsible for (i) keeping any password that you entered to use Website pages requiring registration confidential and (ii) restricting access to your computer. You agree to accept full responsibility for all activities that occur within your account.
VII. UNSOLICITED SUBMISSIONS
We do not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by us or our agents might seem to others to be similar to their own creative ideas, suggestions or materials. We, therefore, ask that you not make any unsolicited submissions to us.
If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Website, by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed "Content," will be subject to Paragraph III above, and shall remain the property of SCG Power Rangers LLC . None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Information. You further acknowledge that you have no expectation of any review of, or receipt of compensation or consideration for, any submission. We shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information. To the extent any "moral rights," "ancillary rights," or similar rights ("Moral Rights") in or to the submissions exist and are not exclusively owned by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act which might be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this subparagraph relating to any submissions which you may make to us.
VIII. ELECTRONIC COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us electronically, which constitutes your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
The "Shop" section of the Website uses the services of various third party service providers. All purchases made through these third party service providers are subject to the respective terms and conditions of use of such third party service providers. We are not responsible for and have no liability whatsoever for goods or services you obtain through our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third party service providers. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party service providers, and you irrevocably waive any claim against us with respect to any acts or omissions by such third party service providers. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through such third party service providers, even if the goods or services were shown on a "Shop" web page. Customer service issues related to goods or services purchased from any third party service providers should be directed to the relevant third party service provider.
We do not guarantee the accuracy, completeness or reliability of product descriptions or other content provided by such third party service providers; nor do we guarantee that such product descriptions or other content will be error-free. Descriptions and images of, and references to, products on the Website do not imply our endorsement of such products. We and/or such third party service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product offered on the "Shop" section of the Website are subject to change without notice.
X. DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED BY US AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE OR THE SERVICES; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE WEBSITE OR THE SERVICES; OR (IV) THAT THE WEBSITE, ITS SERVERS, THE SERVICES OR E-MAIL SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR PROVIDERS GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR THE SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS BEYOND OUR CONTROL OR THAT OF ANY OF OUR PROVIDERS.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
PLEASE CONSULT YOUR PHYSICIAN AND YOUR CHILD'S PHYSICIAN BEFORE YOU OR YOUR CHILD USE OR BEGIN ANY EXERCISE TECHNIQUE OR PROGRAM. THE INFORMATION AND MATERIALS PRESENTED ON THIS WEBSITE ARE INTENDED FOR ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE RELIED UPON OR SUBSTITUTED FOR MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. ADULT SUPERVISION IS RECOMMENDED.
NEITHER WE NOR ANY OF OUR PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE SERVICES, EVEN IF WE OR OUR PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
XII. APPLICABLE LAW; JURISDICTION
XIII. BINDING ARBITRATION
Subject to our right to seek provisional remedies or injunctive relief as provided below, Any controversy or claim arising out of or relating to this Agreement or any Related Agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles County, California and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in order to protect our intellectual property rights and to support our rights and remedies hereunder without waiving any right to arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
You agree to indemnify and hold SCG Power Rangers LLC , its Providers, and its and their subsidiaries, affiliates, and respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including attorneys' fees, made by any third party due to or arising from (i) your use of the Website or Services in violation of this Agreement, (ii) your breach of this Agreement and/or (iii) any content that you post on the Website or through the Services causes us to be liable to another person.
This Agreement is accepted upon your use of the Website or any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Website and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permitted by law.