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Home >> Policies >> Terms Of Use
Terms Of Use |
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THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY MATT MARRON (HEREIN REFERRED TO AS
"THE WEBMASTER" AND "TWC CLASSICS"). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE
OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY THE WEBMASTER AT ANY TIME IN ITS DISCRETION AND
ANY CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING THEM TO THIS SITE. YOUR USE OF THIS SITE AFTER SUCH CHANGES
ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE
REGULARLY.
Access to This Site
To access this site or some of the information or features it has to offer, you may be asked to provide certain
registration details or other personal information. It is a condition of your use of this site that all the
information you provide on this site will be correct, current, and complete. If you breach any of these Terms of
Use, the webmaster has the right to refuse you access to this site or any of its resources, and to terminate or
suspend your access at any time.
Restrictions on Use
You may use this site for purposes expressly permitted by this site. You may not use this site for any other
purpose, including any commercial purpose. For example, you may not (and may not authorize any other party to) (i)
A co-brand of this site, or (ii) frame this site, or (iii) link to any file on this site, or (iv) repost any file
on this site that isn't in the downloads section without the express prior written
permission of the webmaster. For purposes of these Terms of Use, "co-branding" means to display a name, logo,
trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to
give a user the impression that such other party has the right to display, publish, or distribute this site or
content accessible within this site. You agree to cooperate with TWC Classics in causing any unauthorized
co-branding, framing or linking to immediately cease.
Proprietary Information
The material and content accessible from this site, and any other World Wide Web site owned, operated, licensed, or
controlled by the webmaster (the "Content") is the proprietary information of TWC Classics or the party that
provided the Content to TWC Classics, and as such, TWC Classics or the party that provided the Content to TWC
Classics retains all right, title, and interest in the Content. Accordingly, the Content may not be copied,
distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the
webmaster, except that you may print a copy of the Content solely for your personal use. In doing so, you may not
remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any
other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as
expressly provided in these Terms of Use violates TWC Classics' intellectual property rights. Neither title nor
intellectual property rights are transferred to you by access to this site, or by downloading any materials or
information from this site. The Content provided on this site may not be applicable or appropriate for use outside
of the United States.
Links
This site may contain links to other Web sites (such as, but not limited to Amazon.com) that are not maintained by,
or related to TWC Classics. Links to such sites are provided as a convenience to users and are not necessarily
sponsored by or affiliated with this site or the webmaster. The webmaster does not regularly review any or all of
such sites and is not responsible for the content of those sites. Links are to be accessed at the user's own risk,
and the webmaster makes no representations or warranties about the content, completeness or accuracy of these links
or the sites linked to this site. Further, the inclusion of any link to a third-party site does not necessarily
imply endorsement by TWC Classics of that site.
Disclaimer
You understand that the webmaster cannot and does not guarantee or warrant that files available for downloading
from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or
destructive properties. TWC Classics does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED. TWC CLASSICS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TWC CLASSICS DOES NOT WARRANT THAT
THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TWC CLASSICS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN
TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS, AND THE WEBMASTER MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE WEBMASTER, ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE
USE OF THIS SITE OR ITS CONTENT. TWC CLASSICS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE
THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
Limitation On Liability
TWC CLASSICS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS,
OR SIMILAR DAMAGES, EVEN IF THE WEBMASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF TWC CLASSICS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO TWC CLASSICS FOR THE APPLICABLE CONTENT OR SERVICE
OUT OF WHICH LIABILITY AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You will indemnify and hold the webmaster, his subsidiaries, affiliates, licensors, content providers, service
providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any
breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms
of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or
unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs,
expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold
the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of
the information accessed from this site.
Trademarks
Trademarks, service marks, and logos (the "Marks") appearing on this site are the property of the webmaster or the
party that provided the Marks to the webmaster. The webmaster and any party that provided the Marks to the
webmaster retain all rights with respect to any of their respective trademarks, service marks, and logos appearing
in this site. You are not permitted to use the Marks without the prior written consent of the webmaster or other
third party owner of any of the Marks.
Submissions
Any comments, content, remarks, suggestions, ideas, graphics, or other information communicated to the webmaster
through this site (collectively, the "Submission") shall become the property of TWC Classics and its webmaster. You
hereby grant to TWC Classics and its webmaster the royalty-free, perpetual, irrevocable, worldwide, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute,
perform, and display the Submission, and to incorporate any Submission in other works in any form, media, or
technology now known or later developed. The webmaster will not be required to treat any Submission as
confidential, and may use any Submission in its business (including without limitation, for products or
advertising) without incurring any liability for royalties or any other consideration of any kind, and will not
incur any liability as a result of any similarities that may appear in future operations of TWC Classics. You
should not send any comments, ideas or materials that you do not wish to be assigned to TWC Classics.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist,
abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally
identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone's
copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates
headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in
any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or
soliciting goods or services) except as may be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or 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;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type,
or otherwise act in a way which affects the ability of other people to engage in real time activities via
this site;
- amounts to a pyramid or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this site or any networks
connected to this site; or
- contains links to other sites that contain content that falls within the descriptions set forth above.
The webmaster reserves the right to monitor use of this site to determine compliance with these Terms of Use, as
well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain
solely responsible for the content of your submissions. You acknowledge and agree that neither the webmaster nor
any third party that provides Content to the webmaster will assume or have any liability for any action or inaction
by webmaster or such third party with respect to any submission. The webmaster reserves the right to periodically
purge any information or content you provide, without any notice.
Security
The webmaster reserves the right to fully cooperate with any law enforcement authorities or court order requesting
or directing TWC Classics to disclose the identity of anyone posting, publishing or otherwise making available any
materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD
HARMLESS TWC CLASSICS AND ITS WEBMASTER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE WEBMASTER DURING OR
AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE
WEBMASTER OR LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of the State of Nebraska, United States of
America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in
Nebraska in connection with any dispute between you and the webmaster arising out of these Terms of Use or
pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for
any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these
Terms of Use will be in the state and federal courts in Lincoln, Nebraska. If any part of these Terms of Use is
determined to be unlawful, void or unenforceable, that part shall be deemed severable and will not affect the
validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between
you and TWC Classics relating to this subject matter. Notwithstanding the foregoing, any additional terms and
conditions on this site will govern the items to which they pertain, including the Privacy Policy for this Web site
and any additional privacy policies and terms of use provided by the webmaster. The webmaster may revise these
Terms of Use at any time by updating this posting.
Last updated: December 2, 2007 |
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