Please read these Terms Of Use (“Terms Of Use”) carefully before using this site. By using this site, you signify your agreement with these Terms Of Use. If you do not agree with any of the below Terms Of Use, do not use this site. Morgan Creek Productions (“MCP”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time and you agree to be bound by such modifications, alterations or updates.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This site is controlled and operated by Morgan Creek Productions, 4000 Warner Boulevard, Building 76, Burbank, CA 91522. The Phone number is (818) 954-4800. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights which are owned and controlled by MCP or by other parties that have licensed their material to MCP (“Copyrights”). Material from www.in-crowd.com or any web site owned, operated, licensed or controlled by MCP may not be modified, sold, copied, reproduced, republished, uploaded, posted, transmitted, or distributed by you in any way. Modification of the materials or use of the materials for any other purpose by you is a violation of the copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other web site or networked computer environment by you is prohibited.
PRIVACY
MCP is very respectful about the privacy concerns of the visitors to its sites on the Internet. As a general policy, no personal information is automatically collected from visitors to its sites. However, certain non-personal information of visitors is recorded by the standard operation of MCP’s Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor and the domain name of the visitor’s Internet service provider (e.g., America Online, Earthlink) . By having this information, web pages optimized for a particular visitor’s computer is automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the sites but only in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to MCP only when voluntarily submitted.
Personally identifiable information that may be collected in connection with visitors voluntarily filling out contest entry forms, sending in stories or comments, or subscribing to newsletters is retained by MCP and is not sold or otherwise transferred outside MCP. This information is used to better understand visitors’ use of our sites and to support transactions made on the sites.
However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We sometimes also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters or being notified if they have won one of our contests. Each e-mail newsletter always contains instruction on how to discontinue receipt of the newsletter.
MCP reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MCP’s sole discretion. Actions taken by you which violate the law may also be reported by MCP to the proper authorities for prosecution.
Many of the MCP web sites, including this one, place a “cookie” in your browser files. The cookie itself does not contain any personally identifying information. Although the cookie could enable MCP to relate a user’s use of a MCP site to information that the user has specifically and knowingly provided, MCP does not do so for any kids sites.
Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or elsewhere on the site, that information can be collected and used by others and may result in unsolicited messages from other people.
To the extent that any of our sites accessible through MCP has additional practices, these practices will be explained at that site.
On sites specifically designed for children, MCP makes a special effort to encourage children to consult with their parents before furnishing data. However, MCP believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission.
LINKED SITES
MCP, whether or not affiliated with sites which may be linked to this site, is not responsible for their content (“Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk.
SUBMISSIONS
MCP does not actively monitor nor does MCP exercise editorial control over the content of the site or other material created, posted, or otherwise accessible over the site. MCP reserves the right to remove any materials that, in MCP’s sole discretion, are potentially illegal, may subject MCP to liability, or violate these Terms of Use.
Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of MCP throughout the universe and MCP shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to MCP’s Web Sites, you agree that MCP has the right to publish the material for any type of use as outline above including promotional and advertising purposes.
You may only use MCP for legal and appropriate purposes. You may not use the site (or channel through the site) which:
a) is defamatory, libelous, infringing, pornographic, abusive, threatening,
b) infringes the proprietary information or any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks;
c) violates any law;
d) advocates illegal activity; or
e) advertises or offers to sell any goods or services, conduct surveys, contests, pyramid schemes, or chain letters or to otherwise solicits funds (collectively “Non-Approved Material”).
Additionally, you may not use the site to collect or harvest personal information, including internet addresses, about users of the site.
You agree to indemnify MCP and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.
AOL
For MCP’s Web Sites which can be accessed through AOL, all AOL guidelines regarding appropriate online behavior will be enforced.
USE OF ONLINE WEB COMMUNITIES
The site contains message and/or communication facilities (collectively, “Communities”). You may use the Communities only to post information which is lawful, proper, and related to the Community. MCP has no obligation to, and does not intend to, monitor the Communities.
You acknowledge that all Communities are public communications, and your communications will be read by others without your knowledge. Always use caution when giving out any personally identifying information. MCP does not control or endorse the content, messages or information found in any Community and, therefore, MCP specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. The views contained therein do not necessarily reflect those of MCP.
By posting messages, inputting data or engaging in any other form of communication through the site, you are granting MCP permission to:
§ Use, modify, copy, exploit, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication (including any rights under copyright, trademark, service mark, and/or patent); and
§ Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
NO WARRANTIES
MCP uses its reasonable efforts to maintain the site, but is not responsible for the results of any defects that exist in the site, or any resulting lost profits or other consequential damages. You should not assume that the site or its content is error-free or that it will be suitable for the particular purpose that you have in mind when using it.
MCP does not warrant or make any representations regarding the use or the results of the use of the materials in MCP’s Web Sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not MCP) assume the entire cost of all necessary servicing, repair or correction. The material that you read in MCP’s Web Sites is provided solely for entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site (“Forums”) are not necessarily those of MCP or its affiliated or related entities or content providers and MCP makes no representations or warranties regarding that information or those opinions. Furthermore, neither MCP nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in MCP’s Web Sites.
The sites may contain links to Web sites operated by parties other than MCP. MCP does not control such Web sites, and is not responsible for their content. MCP’s inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. MCP will provide no assistance, including the review, removal or editing of content posted on, or any customer support for the use of, the content provided on the site.
MCP has no practical ability to restrict all conduct, communications, or content which might violate these Terms of Use, nor can MCP ensure prompt removal of any such content. Accordingly, MCP expressly disclaims any liability for any failure to enforce the terms of these Terms of Use.
The information, software, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. MCP and/or its respective suppliers may make improvements and/or changes in the site at any time. Advice received via the site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
MCP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, INTERNET, AND RELATED LOGOS AND GRAPHICS (COLLECTIVELY, THE “COMPONENTS”) FOR ANY PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE COMPONENTS ARE ASSUMED SOLELY BY YOU.
ALL COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. MCP DOES NOT WARRANT THAT THE COMPONENTS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY COMPONENTS OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY OR ALL DEFECTS IN THE COMPONENTS ARE CORRECTABLE OR WILL BE CORRECTED.
WITH REGARD TO THE COMPONENTS, MCP MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, AND TO THE FULLEST EXTENT OF APPLICABLE LAW, MCP DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORILY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF TITLE, NON- INFRINGEMENT, QUIET ENJOYMENT, AUTHORITY, INFORMATION CONTENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY COMPONENTS.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF PRODUCTS, WHETHER MADE BY MCP EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, WILL BE DEEMED TO BE A WARRANTY BY MCP FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF MCP WHATSOEVER.
THE WARRANTIES AND CORRESPONDING REMEDIES AS STATED IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WRITTEN OR ORAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE LIMITED WARRANTIES AND CONDITION REFERENCED ABOVE GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIABILITY DISCLAIMER
IN NO EVENT SHALL MCP AND/OR ITS SUPPLIERS (INCLUDING SUPPLIERS OF TELECOMMUNICATIONS SERVICES), ITS OR THEIR EMPLOYEES, AFFILIATES AND/OR CONTRACTORS, BE LIABLE FOR ANY COSTS OR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR LOSS OF USE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE COMPONENTS OR YOUR RELIANCE ON OR THROUGH THE COMPONENTS OR RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MCP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IT IS SOLELY AND EXCLUSIVELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY.
THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICES THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. THE COMPANY HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY SOFTWARE PROVIDED TO YOU BY COMPANY.
IN NO CASE SHALL MCP’S LIABILITY (OR THE LIABILITY OF MCP’S LICENSORS OR SUPPLIERS), IN THE AGGREGATE, EXCEED THE SUMS ACTUALLY PAID BY YOU TO MCP (AND ACCEPTED BY MCP) FOR USE OF THE SITE DURING THE MONTH WHICH SUCH DAMAGE AROSE.
THE PARTIES AGREE THAT THIS PROVISION WILL NOT LIMIT MCP’S, OR ANY OF ITS SUPPLIERS, REMEDIES FOR THE INFRINGEMENT OF THEIR RESPECTIVE INTELLECTUAL PROPERTY.
OTHER TERMS
MCP reserves the right, in its sole discretion, to deny any user access to the site or any portion thereof without notice. Your failure to abide by these Terms of Use may result in MCP’s immediate suspension or termination of your right to access and use the site or any other services provided by, or on behalf of, MCP, without any notice to you.
MCP may, in its sole discretion and at any time, modify or discontinue the site; limit, terminate or suspend your use of or access to MCP or any component thereof; and/or make changes to these Terms of Use. It is your responsibility to ensure that you have thoroughly reviewed all terms of use, and that you check back frequently in the event of changes.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in MCP web sites are presented solely for the purpose of entertainment and promoting programs, films and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by MCP from its offices within the State of California, United States of America. MCP makes no representation that materials in MCP’s Web Sites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or MCP bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Los Angles County, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by MCP.