Terms & Conditions
These Terms and Conditions are subject to change.
1. If you access this Site, you also accept our Terms.
We reserve the right to update or modify these Terms at any time. We may also add, change, suspend or remove any of the content on this Site at any time, without notice and without liability. If you continue to use this Site after we have posted any modifications to it, then you are also irrevocably accepting those changes on a prospective basis.
2. You represent that you are of legal capacity.
By using this Site, you warrant (and we will assume) that you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
3. Brackish Dream owns all the Materials on this Site.
This Site and all of the materials it currently contains or will contain in the future, including without limitation the text, articles, photographs, illustrations, audio and video materials, trademarks, logos, trade names, domain names, and all intellectual property (collectively, the “BD Content”) is either owned by or licensed to Brackish Dream.
We grant you a limited, revocable, non sub-licensable, non-transferable, license to access and display the BD Content on this Site for your personal, non-commercial use subject to these Terms. All other uses of the BD Content are strictly prohibited. The BD Content may not be copied, reproduced, republished, uploaded, posted, transmitted, reverse engineered, modified, distributed or otherwise exploited either as a whole or in part, in any manner. You are strictly prohibited from using the BD Content to create works or materials that derive from the BD Content, including but not limited to mash ups, montages, videos, link buttons, wallpapers, desktop themes, icons and the like.
Additionally, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is strictly prohibited.
5. Our Unsolicited Submissions Policy
We do not accept unsolicited submissions of any kind or nature. All unsolicited submissions are either returned to the sender without being reviewed, or are deleted or destroyed without being reviewed. Therefore, please do not send any submissions to us (or to any of our principals, employees, agents or consultants) unless we have specifically requested or invited you to do so.
6. User Content Submitted to our Site
We may, at our discretion, use this Site to ask for submissions or alternatively, allow you to post specific submissions or content (collectively, “User Content”) to the Site. If we do this and you post, upload or transmit any User Content to this Site in accordance with our specific request or invitation to do so, then please read the following carefully:
· You are solely responsible for the User Content you post, submit or upload to the Site, including its accuracy, completeness, usefulness. By submitting the User Content to the Site, you are representing that you are the sole owner with the sole right to submit the User Content and that you are not infringing on the rights of any third party by doing so. We disclaim any and all responsibility for User Content.
· We are not under any duty of confidentiality in connection with the User Content uploaded or posted to the Site and we may use it freely.
· Once you upload any User Content to the Site you cannot change it or delete it.
· You grant us an irrevocable, worldwide, perpetual, transferable, royalty free, fully paid license to the User Content and we can adapt, modify, publish, create derivative works from any User Content including any name and likeness included in such content and you waive all your moral rights (if any) to the User Content.
· You represent and warrant that the User Content is not: unlawful or violates a third party’s intellectual property rights, or is harmful, threatening, abusive, obscene, harassing, degrading discriminatory of any person or group based on their religion, gender, sexual orientation, race, ethnicity, age or disability; includes personal or identifying information about any person or company without their consent, is false, deceptive, misleading or deceitful or is advertising, promotional in nature, spam, chain letters, pyramid schemes, sales schemes, or is in violation of any law, regulation, or any obligations or restrictions owed to a third party.
· Once you submit User Content to this Site, you agree to waive all rights to injunctive relief in connection with the User Content and your sole remedy, if any, shall be an action for direct damages only.
· You acknowledge that we reserve the right to (but disclaim responsibility or obligation) remove and investigate any User Content if we believe, in our sole determination, that the User Content violates the intellectual property rights of any third party, violates these Terms and/or any applicable laws.
7. User Forums
This Site may contain certain forums, message boards, bulletin boards, comment sections or the like which will allow you to post messages (“User Forums”). If you use a User Forum, you do so at your own risk and subject to our disclaimers and limitations of liability. The views expressed on the User Forums are not the views of Brackish Dream and we have no responsibility to monitor or review User Forums and we take no responsibility for the content posted on User Forums. You understand that by viewing a User Forum, you may be exposed to offensive, objectionable and inaccurate material, for which we shall no responsibility. We can remove content on a User Forum without notice or liability at our sole discretion.
8. Linking to our Site and Third Party Links
If you wish to link to our Site, you may only link to our Home page and your link must not disparage Brackish Dream and/or its principals, employees, consultants or investors, nor damage or attempt to damage our goodwill and reputation within the motion picture industry. Linking our Site to anything which is (or which we consider in our sole discretion to be) unlawful, abusive, obscene, disparaging of us or any of our principals, employees, consultants or investors or which promotes any of these things, is strictly prohibited. If you link to out Site, then we are not responsible for the content it is linked to.
We may provide links or third parties may provide links from the Site to their websites and other web resources (“Third Party Services”). These links do not imply that Brackish Dream endorses any products or services offered by the third party or through the Third Party Services. We are not responsible for the Third Party Services and their content, and we make no representations or warranties about these services, including but not limited to the accuracy and completeness of the information on the Third Party Service. If you access a link from the Site to a Third Party Service, then you do so at your own risk.
9. Our Disclaimer
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING FROM STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR ADEQUACY OF ANY INFORMATION, FACTS, VIEWS, OPINIONS, STATEMENTS, OR RECOMMENDATIONS CONTAINED ON OUR SITE. IF WE REFER TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE, THAT IS NOT TO BE CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY US. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SITE AND ANY INFORMATION TRANSMITTED OR RECEIVED THEREFROM MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES AND YOU ASSUME THE ENTIRE COST OF ANY REPAIRS AND MAINTENANCE TO YOUR COMPUTER SYSTEM AND OTHER DEVICES YOU USE TO ACCESS THE SITE.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WE MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE OWN GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO AND FROM OUR SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
10. Limitation of Liability.
WE DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
BY USING OUR SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGEMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENCE INCLUDING REASONABLE ATTORNEY FEES ARISING OUT OF OR RELATING TO YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES AND AGREEMENTS HEREUNDER, ANY VIOLATION OF THESE TERMS AND OR ANY MATERIAL THAT YOU SUBMIT WHICH INFRINGES COPYRIGHT, TRADEMARK, TRADE SECRET, PARENT OR ANY OTHER INTELLECTUAL PROPERTY RIGHT OF ANY PERSON. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS THE SUBJECT OF YOUR INDEMNIFICATION AND YOU MAY NOT SETTLE ANY MATTER WITHOUT OUR PERMISSION.
12. US Jurisdiction, Governing Law and Dispute Resolution
We make no representation that this Site is appropriate for use or access in locations outside the United States. If you access our Site from a location outside the United States, you do so at your own initiative and you are responsible for complying with all local laws.
These Terms shall be governed by and construed in accordance with the laws of the State of California (without giving effect to any principal of conflicts of law) as they are applied to agreements entered into and to be performed entirely within California.
Please read this carefully, as this affects your rights:
To the fullest extent permissible by law, any claim relating to the way you use this Site shall be resolved by binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the internet industry and shall follow California substantive law in adjudicating the dispute, except that this Paragraph 12 shall be construed as a written agreement to arbitrate for the purposes of the Federal Arbitration Act. The hearing will occur in Los Angeles, California. The arbitrator’s ruling is binding and may be entered as a judgment in a court of competent jurisdiction. Claims for infringement or intellectual property shall be exclusively brought in the state and federal courts located in, Los Angeles, California.
AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO WAIVE YOUR RIGHT TO A TRIAL BY A JURY AND/OR TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND YOU SPECIFICALLY WAIVE YOUR ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION. ANY ARBITRATION SHALL BE ON AN INDIVIDUAL BASIS AND CLASS ACTIONS ARE NOT PERMITTED. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY WHICH ARISES OUT OF YOUR USE OF OUR SITE MUST BE COMMENCED WTHING ONE (1) YEAR AFTER YOUR CAUSE OF ACTION ACCRUES AND THAT AFTER SUCH PERIOD, YOUR CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
If you have a dispute with one or more users you release us (and our affiliates and subsidiaries, and their respective officers, directors, employees, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
14. Claims of Infringement.
We respect the copyright of others and ask that you do the same. We reserve the right to remove any User Content that we believe, in our good faith determination, infringes the intellectual property rights of any person. If you believe that any content appearing on this Site infringes your intellectual property rights, please send the the following information in writing to us at the email address listed below:
· Your name, address, telephone number, and email address;
· A description of the copyrighted work that you claim has been infringed;
· The exact URL or a description of each place where alleged infringing material is located;
· A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
· Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
· A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
14. Responsible Use of Site.
Please act responsibly when using our Site. You may only use our Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that User Content that you contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, not Brackish Dream, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site.
We reserve the right to investigate suspected violations of these Terms, including without limitation, any violation arising from any submission, posting or emails you make or send to any User Forum. We may suspend any user whose conduct or postings are the subject of an investigation. BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD BRACKISH DREAM HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RATPAC OR LAW ENFORCEMENT AUTHORITIES.
16. Reservation of Rights.
We reserve the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities, and services on this Site, with or without notice and/or to establish general guidelines and limitations on their use.
17 Notice for California Users.
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms operate to the fullest extent permitted by law. If any provision
of these Terms are determined, by written decision, to 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 you and Brackish Dream relating to the matters contained here
and the Site. If you have any questions about these Terms, please contact
us at firstname.lastname@example.org.