LAST UPDATED: May 16, 2006
By accessing or using the Services, You agree to the terms of this Agreement. We may make changes to this Agreement from time to time. We may notify You of such changes by any reasonable means, including by making available the revised version of this Agreement through or in connection with the Services. You can determine when We last changed this Agreement by referring to the “LAST UPDATED” legend above. Your access to or use of the Services following changes to this Agreement will constitute Your acceptance of those changes. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between You and Wardour Studios arising prior to the date on which We posted the revised version of this Agreement incorporating such changes or otherwise notified You of such changes. We may, at any time, temporarily or permanently modify or discontinue, in whole or in part, any or all of the Services; charge, modify or waive any fees required to use the Services; or offer opportunities to some or all users of the Services.
BY ACCESSING OR USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOUR PARENT OR GUARDIAN HAS ENTERED INTO THIS AGREEMENT ON YOUR BEHALF.
1.0 Intellectual Property.
The Services are protected by trade dress, copyright, moral rights, trademark and/or other laws relating to intellectual property and other proprietary rights, and are solely and exclusively owned by Wardour Studios and its licensors. The Services are licensed, not sold, to end users. Subject to Your compliance with the terms and conditions of this Agreement, and solely for as long as You are expressly permitted by Wardour Studios to access the Services, Wardour Studios agrees to permit You to access and use the Services, on a non-exclusive, non-transferable, non-sublicensable, revocable, limited basis, solely for Your personal, non-commercial purposes and solely in accordance with this Agreement, including, with respect to any App made available via download, (i) to install such App on an Internet-connected PC, mobile phone or other device in Your possession and control, and (ii) to access and use such App as installed on such device. If You fail to comply with any of the terms or conditions set forth in this Agreement, this Agreement (including the foregoing grant of permission to use the Services) will automatically terminate, whereupon You will immediately (y) cease accessing and using the Services; and (z) for an App made available via download of a software application, remove (e.g., by uninstalling and deleting) such App from any mobile device on which You installed it.
Except as expressly set forth herein, the Services may not, except under written license from an authorized representative of Wardour Studios, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner whatsoever, except to the extent that such use is authorized under United States copyright and other relevant laws. You hereby acknowledge and agree that, as between You and Wardour Studios, Wardour Studios owns all right, title and interest in and to the Services, and that all rights in and to the Services not expressly granted in this Agreement are reserved by Wardour Studios and no additional licenses are granted or implied hereunder.
The trade names, trademarks and service marks owned by Wardour Studios, whether registered or unregistered, may not be used in connection with any product or service that is not Ours, or in any manner that is likely to cause confusion. Nothing contained in this Agreement or on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Wardour Studios’ trade names, trademarks or service marks without Wardour Studios’ express prior written consent. Those trade names, trademarks and service marks that appear on or in connection with the Services and that are not owned by Wardour Studios, are the property of their respective owners.
PLEASE NOTE THAT UNAUTHORIZED USE OF THE SERVICES MAY SUBJECT YOU TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES, INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
In addition to any restrictions set forth in Section 1.0, You shall not (a) rent, lease, timeshare, license, distribute, sublicense or otherwise transfer any part or all of the Services (as a standalone product or in conjunction with other products); (b) make copies of all or any portion of the Services, except solely as necessary to install and use an App in accordance with this Agreement; (c) modify, translate, reverse engineer, decompile or disassemble the Services, except solely to the extent that such prohibition is not permitted under applicable law; (d) create derivative works of or from the Services; (e) incorporate any part of the Services into any product or service; (f) use the Services for commercial purposes; and (g) remove, alter or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear on the Services.
3.0 Third Party Content.
4.0 Rules of Conduct.
While using the Services, You will comply with all applicable laws, rules and regulations. In addition, We expect users of the Services to respect the rights and dignity of others. Your access to and use of the Services is conditioned upon Your compliance with the rules of conduct set forth in this Section 4.0. Your failure to comply with any such rule (including, without limitation, Your repeated engagement in copyright infringement through or in connection with the Services) may result in termination of Your access to or use of the Services (or any parts thereof). You agree that You will not:
5.0 Registration; Passwords and Security.
You may need to register to use any or all of the Services. You represent and warrant that all information submitted to Wardour Studios in connection with such registration is complete and accurate. We may reject, or require that You change, any username, password or other information that You provide to Us in registering. Your username and password are for Your personal use only. Please be advised, however, that Your user name may become visible to other users of the Services; accordingly, You should not choose a username that reveals Your identity, such as Your full name or e-mail address. In addition, Your password should be kept confidential; You, and not Wardour Studios, are responsible for any use or misuse of Your password and/or Services account, and You must promptly notify Us of any confidentiality breach or unauthorized use of Your password and/or account.
6.0 User Postings.
Wardour Studios and/or Our third party service provider(s) may make available through the Services (for example, message boards, profile functionality, chat functionality and blogs, among other services) to which, subject to Section 7.0 below and subject to the other terms and conditions hereof, You are able to post information and materials. For any permitted information and/or materials You submit through the Services (each, a “Posting”), You grant to Wardour Studios and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to You: (a) to use, reproduce, distribute, adapt (including, without limitation, edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform and digitally perform such Posting, in any media now known or hereafter developed, for Wardour Studios’ business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. For each Posting, You represent and warrant that You have all rights necessary for You to grant the licenses granted in this Section 6.0, and that such Posting, and Your provision thereof to and through the Services, complies with all applicable laws, rules and regulations. No Posting shall be subject to any obligation of confidentiality of Wardour Studios and Wardour Studios shall not be liable for use or disclosure of any Posting.
You acknowledge and agree that: (a) Wardour Studios reserves the right (but has no obligation) to evaluate each Posting before allowing it to be posted on or in connection with the Services; and (b) We may do one or all of the following, at Our discretion: (i) monitor Postings; (ii) alter, remove, or refuse to post or allow to be posted any Posting; and/or (iii) disclose any Postings, and the circumstances surrounding their transmission, to any third party (v) in order to operate the Services; (w) to protect the Wardour Studios Entities and Our users; (x) to comply with legal obligations or governmental requests; (y) to enforce this Agreement; or (z) for any other reason or purpose.
Information made available through the Services may be provided both by Wardour Studios and by third party users of the Services. Please note that users may post messages or make statements that are inaccurate, misleading or deceptive. Wardour Studios neither endorses nor is responsible for any opinion, advice, information or statements made on or in connection with the Services by third parties, including, but not limited to, users. Without limitation, Wardour Studios is not responsible for any information or materials made available through the Services (including, without limitation, errors or omissions in Postings or links or images embedded in messages) or results obtained by using any such information or materials. Under no circumstances will the Wardour Studios Entities be liable to You or any third party claiming through You for any loss or damage caused by Your reliance on such information or materials. The opinions expressed on or through the Services reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Wardour Studios.In addition, Wardour Studios has no control over, and shall have no liability for, any damages resulting from the use (including, without limitation, republication) or misuse by any third party of information voluntarily made public on or through the Services. If You choose to make any of Your personally identifiable or other information publicly available on or through the Services, You do so at Your own risk.
7.0 Unsolicited Submissions.
Wardour Studios does not accept unsolicited submissions of any work, idea, creative material, concept or other information, and Wardour Studios assumes no obligation, either express or implied, with respect to any work, idea, creative material, concept or other information submitted by You. In the event that You submit any work, idea, creative material, concept, or other information to Wardour Studios in violation of the previous sentence (each, an “Unsolicited Submission”), You hereby grant to Wardour Studios (and its subsidiaries, affiliates and related entities) the free and unfettered, worldwide, non-exclusive, sublicensable (through multiple tiers of sublicensees), assignable (in whole or in part, including sub-assignments), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import, use and/or exploit in any way Your Unsolicited Submission in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to You or any provider, author, or owner of the Unsolicited Submission. No Unsolicited Submission shall subject Wardour Studios to any obligation of any kind, including without limitation, confidentiality, attribution, compensation, or otherwise, and Wardour Studios shall not be liable for any exploitation, use, or disclosure of any Unsolicited Submission. You hereby agree that no confidential or fiduciary relationship is intended or created by reason of the submission of any Unsolicited Submission by You. You hereby release the Wardour Studios Entities, to the maximum extent allowable by law, of and from, and irrevocably waive, any and all claims, costs, demands, liabilities, fees, penalties and other expenses of any kind whatsoever, known or unknown, that may exist or arise relating to, arising out of, or in connection with any Unsolicited Submission and/or Wardour Studios’ or any other Wardour Studios Entity’s use or disclosure of the Unsolicited Submission.
Wardour Studios and its third-party payment service reserve the right, with or without prior notice, to change the descriptions, images, products, services and other materials accompanying or made available in connection with the Services; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with the Services (or any feature therein). Price and availability of the Services (or any feature therein), or any product or service made available through the Services, are subject to change without notice. Refunds and exchanges will be subject to Our third-party payment service's refund and exchange policies then in effect.To the extent that You conduct a Transaction or any other purchase or transaction through a third party or third-party site or platform (for example, the purchase of an App through Apple’s App Store or the Google Play Store), each such transaction will be subject to the terms and conditions applicable to such third party site or platform. Please see Section 11.0 below for more information on third party sites.
10.0 Rules for Promotions and Sweepstakes.
Any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions”) made available in connection with the Services may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, You will become subject to those rules, which may vary from the terms and conditions set forth herein. Wardour Studios urges You to review any applicable rules. To the extent that the terms and conditions of such rules conflict with the terms and conditions of this Agreement, the terms and conditions of such rules shall control.
11.0 Third Party Sites.
The Services may provide links to or feeds from web sites and other online resources. Except as otherwise expressly stated by Us on the Services, We do not control and are neither affiliated with nor responsible for the operators of any third party web sites or other resources that link to or are linked from the Services, and We have neither reviewed nor endorsed such third party web sites or other resources. You hereby acknowledge and agree that Wardour Studios shall not be responsible for the content, products, services or other materials available on or through such third party web sites or other resources, or any loss or damages incurred in connection with such content, products, services or other materials. To the extent applicable, You are responsible for compliance with all applicable laws regarding content, products, services and other materials obtained from the Services or any third party web sites or other resources that link to or are linked from the Services.
In addition, other web sites may embed an App or link to the Services with or without Our authorization. We do not endorse any such site, and are not and shall not be responsible or liable for such web site, any links from any such site to the Services, any content, advertising, products or other materials available on any such sites or any loss or damages incurred in connection with any such site. Wardour Studios shall have the right, at any time and in its sole discretion, to block links to the Services through technological or other means without prior notice.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR MADE AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEB SITES AND RESOURCES. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY SUCH TERMS AND CONDITIONS OF USE.
12.0 Forward-Looking Statements.
Certain statements and information that appear on or in connection with the Services contain certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements include, without limitation, Wardour Studios’ plans, prospects and strategies as well as Wardour Studios’ beliefs and expectations concerning its current and future film, television and other properties (certain of such statements are identified by use of words such as “expect,” “anticipate,” “intend,” “plan,” “believe,” “seek,” “estimate” and variations of such words and similar expressions). These statements are based on current expectations, estimates, forecasts and projections about the industry in which Wardour Studios operates, and beliefs and assumptions made by Wardour Studios’ management. These statements are not guarantees of future performance and involve risks, uncertainties and assumptions which are difficult to predict. Actual results may vary materially from those expressed or implied by any forward-looking statements that appear on or in connection with the Services due to changes in economic, business, competitive, technological and/or regulatory factors, and other risks and uncertainties affecting the operation of Wardour Studios’ business. These risks and uncertainties include, without limitation: audience acceptance of Wardour Studios’ films, television and other properties, Wardour Studios’ dependence on the success of a limited number of releases each year, delayed release dates of any films, the increasing cost of producing and marketing feature films, piracy of motion pictures, the effect of rapid technological change or alternative forms of entertainment, and Wardour Studios’ need to protect its proprietary technology and enhance or develop new technology. More information about potential risks and uncertainties that could affect Wardour Studios’ business and financial results is included in Wardour Studios’ Annual Report. Wardour Studios is under no obligation, and expressly disclaims any obligation, to update or alter its forward-looking statements, whether as a result of new information, future events, changes in assumptions or otherwise. The Services and the information posted on or in connection with them shall not be deemed to be incorporated by reference into any annual, quarterly, current or other report Wardour Studios’ official fillings.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT WARDOUR STUDIOS IN CONNECTION WITH THE SERVICES, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP-TO-DATE OR THAT INFORMATION MADE AVAILABLE IN CONNECTION WITH THE SERVICES CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT WARDOUR STUDIOS. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION REGARDING WARDOUR STUDIOS, PLEASE CONSULT A NUMBER OF DIFFERENT SOURCES, INCLUDING WARDOUR STUDIOS’ OFFICIAL FILINGS.
13.0 No Representations and Warranties.
THE SERVICES AND ALL SERVICES, PRODUCTS, THIRD PARTY CONTENT (AS DEFINED IN SECTION 3.0), INFORMATION AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED TO YOU “AS IS” WITHOUT ANY (AND THE WARDOUR STUDIOS ENTITIES HEREBY DISCLAIM ANY) REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE OF ANY KIND WHATSOEVER, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. YOUR USE OF THE SERVICES AND ANY MATERIALS IS AT YOUR OWN RISK. THE SERVICES AND THE MATERIALS MAY CONTAIN INACCURATE, INCOMPLETE, OR OUT-OF-DATE INFORMATION. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR THE MATERIALS, IN WHOLE OR IN PART, WILL BE ACCURATE, COMPLETE OR ERROR-FREE, NOR THAT ANY PARTICULAR DEVICES, OTHER HARDWARE OR SOFTWARE WILL BE COMPATIBLE WITH THE SERVICES OR ANY MATERIALS (IN WHOLE OR IN PART), AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY DEVICES, OTHER HARDWARE, SOFTWARE AND SERVICES (INCLUDING, WITHOUT LIMITATION, INTERNET CONNECTIVITY) NEEDED TO USE THE SERVICES AND ANY MATERIALS (IN WHOLE OR IN PART) AND (B) ENSURE THAT ANY DEVICE, OTHER HARDWARE, SOFTWARE AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICES AND ANY MATERIALS (IN WHOLE OR IN PART). WARDOUR STUDIOS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS ON OR WITHIN THE SERVICES OR MATERIALS, AND MAKES NO COMMITMENT TO UPDATE ANY INFORMATION MADE AVAILABLE ON OR WITHIN THE SERVICES OR MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR MATERIALS SHALL BE TO DISCONTINUE USING THE SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT WARDOUR STUDIOS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES OR OTHER EXPENSES OF ANY KIND RELATED TO, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR MATERIALS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIALS.
14.0 Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY RELEASE THE WARDOUR STUDIOS ENTITIES OF AND FROM, AND IRREVOCABLY WAIVE, ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ACTUAL ATTORNEYS’ FEES AND COSTS, AND CLAIMS FOR INTEREST), EVEN IF WARDOUR STUDIOS IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY) YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR THE MATERIALS, YOUR VIOLATION OF THIS AGREEMENT OR THE VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
IN NO EVENT SHALL WARDOUR STUDIOS’ TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, AND/OR THE MATERIALS, EXCEED FIVE UNITED STATES DOLLARS (US $5.00).
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SERVICES AND AGREE TO INDEMNIFY, DEFEND AND HOLD THE WARDOUR STUDIOS ENTITIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES OR OTHER EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS’ FEES AND COSTS AND CLAIMS FOR INTEREST) THAT THEY MAY INCUR IN CONNECTION WITH ANY THIRD PARTY CLAIM RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR MATERIALS, YOUR VIOLATION OF THIS AGREEMENT OR THE VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
16.0 Governing Law.
The laws of the State of California, without reference to any choice of law provisions, shall govern any claims related to, arising out of, or in connection with any access to or use of the Services. You and Wardour Studios hereby expressly and irrevocably consent to the exclusive personal jurisdiction and venue of Los Angeles County, California for any claim arising out of, related to, or in connection with this Agreement or the Services.
17.0 Jurisdictional Issues.
The Services are controlled and operated by Wardour Studios from the United States and are not intended to subject Wardour Studios to the laws or jurisdiction of any state, country or territory other than those of the United States. Wardour Studios does not represent or warrant that the Services or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction We choose, at any time and in Our sole discretion.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
19.0 No Injunctive Relief.
You hereby irrevocably waive any right to seek and/or obtain rescission, equitable and/or injunctive relief related to Wardour Studios’ or any of its subsidiaries’, affiliates’, or related entities’ production, distribution, license and/or exploitation of any of their motion pictures, television shows, commercials and/or other content; and Your exclusive remedy in connection therewith shall be an action for damages.
20.0 Independent Contractors.
You and Wardour Studios are independent contractors and neither You nor Wardour Studios shall be deemed to be the legal representative or agent of the other for any purpose whatsoever, and neither You nor Wardour Studios is authorized by the other to transact business, incur obligations (either express or implied), bill goods, or otherwise act in any manner, in the name or on behalf of the other, or to make any representation, warranty, guarantee or other promise in the name or on behalf of the other, except as expressly permitted in this Agreement.
21.0 Entire Agreement.
This Agreement constitutes the entire agreement by and between You and Wardour Studios pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of You and Wardour Studios. This Agreement may not be amended, nor any obligation waived, other than expressly in writing by Wardour Studios. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision hereof.
This Agreement can be terminated at any time by Wardour Studios for any or no reason whatsoever with or without prior notice to You. In the event that Wardour Studios terminates this Agreement, Your limited rights hereunder, including to the license granted to You in Section 1.0 above, shall immediately terminate, and Wardour Studios may immediately deactivate or delete Your password and username (if any), and all related information and files associated with them, and/or bar any further access to such information or files. You agree that Wardour Studios shall not be liable to You or any third party for any termination of Your access to any of the Services or to any such information or files, and shall not be required to make such information or files available to You after any such termination. Sections 2.0, 3.0, 6.0, 7.0, 10.0-22.0, 24.0, 25.0 and the terms and conditions in Section 1.0 setting forth Our rights in the Services shall survive any expiration or termination hereof.
23.0 Information or Complaints.
This notice is for Our California users: If You have a question or complaint regarding the Services, please send an email to webmaster@WardourStudio.com. Subject: Wardour Studios Web Contact.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that any materials available on or accessible through the Services infringe Your copyright, You (or Your agent) may send Wardour Studios a notice requesting that Wardour Studios remove the material or block access to it. If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, the DMCA permits You to send Wardour Studios a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be in writing and should be sent to Wardour Studios’ designated agent by email in accordance with the following:
Wardour Street Pictures
We suggest that You consult Your legal advisor before filing a notice or counter-notice.
25.0 Apple-Specific Terms and Conditions.
In addition to Your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, You acknowledge and agree to the following provisions with respect to Your use of the version of any App that is compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for any App. Apple is not providing any warranty for any App, except if applicable, to refund the purchase price for such App. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any App, including, without limitation, any third-party product liability claims, claims that any App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of any App, including those pertaining to intellectual property rights, must be directed to Wardour Studios in accordance with Section 27.0 below. The license You have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by You, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, You agree to comply with the terms of any third-party agreement that is applicable to You when using any App, such as Your wireless data service agreement. You hereby represent and warrant (a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, Wardour Studios’ right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
26.0 Contact Us.
If You have any questions about this Agreement or the Services, please email Wardour Studios at info@WardourStudio.com