PLEASE READ THESE TERMS OF SERVICE AND THE
RELATED PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE OR
ANY OF THE SAVAGE DOG FORUMS (AS DEFINED
BELOW).
Savage Dog
This Site (as defined
below) is owned and
operated by Savage Dog Film & Digitals Ltd. and its
subsidiaries (collectively, "Savage Dog"). These terms of
service (the "Terms of Service" or "TOS") apply to and govern
your, and any authorized user of your account, use of this
site or the Savage Dog Forums (collectively referred
to as the "Site"). By using this Site you warrant that you
have legal capacity to enter into the agreement set out in the
Terms of Service (i.e. that you are of sufficient age and
mental capacity and are otherwise entitled to be legally bound
in contract). Your use of the Site signifies your agreement to
be bound by these Terms of Service. If you do not agree to be
bound by these Terms of Service, you may not access or
otherwise use the Site. Before using the Site, please review
the related Savage Dog Privacy Policy (the "Privacy
Policy").
License to the
Site
Savage Dog grants you a
non-exclusive ,
non-transferable, limited right to access, use and display the
Site and the materials thereon for your personal use only,
provided that you comply fully with this TOS. You shall not
interfere or attempt to interfere with the operation of the
Site in any way through any means or device including, but not
limited to, spamming, hacking, uploading computer viruses or
time bombs, or any other means expressly prohibited by any
provision of this TOS.
Changes to Site and/or Terms and
Conditions of Service
Savage
Dog reserves the right, at its sole discretion, to
change, modify, add or remove any portion of the Site or this
TOS, in whole or in part, at any time. Changes to this TOS
will be effective when posted. You agree to review this TOS
periodically to be aware of any changes. Your continued use of
the Site after any changes to this TOS are posted will be
considered acceptance of those changes.
Trademarks,
Copyrights & Restrictions
All trademarks,
service marks, and trade names are proprietary to
Savage Dog. You should assume that everything you see or read
on the Site is protected under federal and state law unless
otherwise noted. Except as otherwise provided herein, you may
not reproduce, perform, create derivative works from,
republish, upload, edit, post, transmit, or distribute in any
way whatsoever, any materials from this Site or any other
website owned or operated by Savage Dog (the "Site
Materials") without the prior written permission of Savage
Dog. However, you may download or make one copy of the Site
Materials, and other downloadable items displayed on the Site,
for personal, non-commercial home use only, provided all
copyright and other notices contained in the Site Materials
are left intact. Any modification of the Site Materials, or
any portion thereof, or use of the Site Materials for any
other purpose constitutes an infringement of Savage Dog’s
copyrights and other proprietary rights. Use of the Site
Materials on any other website or other networked computer
environment is prohibited without prior written permission
from Savage Dog.
Software
From time to
time, and at its sole
discretion, Savage Dog may make
available to users certain software that may be downloaded from
this Site. In the event you download software from this Site,
the software, including any files, images incorporated in
or generated by the software, and data accompanying the
software (collectively, the "Software") are licensed to you
by Savage Dog. Savage Dog does not transfer title to the
Software to you. You own the medium on which the Software is
recorded, but Savage Dog retains full and complete title to the Software,
and all intellectual property rights therein. You may not
redistribute, sell, decompile, reverse engineer, disassemble,
or otherwise reduce the Software to a human-perceivable
form.
Unsolicited Submissions
Savage Dog is
pleased to hear from its customers and welcomes your
comments regarding Savage Dog products, including Savage Dog’s
online services. Unfortunately, however, Savage
Dog’s long-standing company policy does
not allow it to accept or consider creative ideas, suggestions, or
materials other than those it has specifically requested. We
hope you will understand that it is the intent of this
policy to avoid the possibility of future misunderstandings when
projects developed by Savage Dog’s professional
staff might seem to others to be similar to their own
creative work. Accordingly, we must, regretfully, ask that you
do not send us any original creative materials such as stories
or character ideas, screenplays, or original artwork. While
we do value your feedback on our services and products, we
request that you be specific in your comments on those services
and products, and not submit any creative ideas, suggestions,
or materials. If, at our request, you send or post
certain specific submissions (e.g., via a message boards or
contests) or, despite our request that you not send us any other
creative materials, you send us creative suggestions, ideas,
notes, drawings, concepts, or other information (collectively,
the "Submissions"), the Submissions shall be deemed,
and shall remain, the property of Savage Dog. None of
the Submissions shall be subject to any obligation of
confidence on the part of Savage Dog, and Savage Dog shall not
be liable for any use or disclosure of any Submissions.
Without limitation of the foregoing, Savage Dog shall exclusively
own all now known or hereafter existing rights to the
Submissions of every kind and nature, in perpetuity, throughout
the universe and shall be entitled to unrestricted use
of the Submissions for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Submissions.
Applicable law may restrict or limit the foregoing
provisions of this paragraph. If so, without limitation
of the foregoing you agree that in no event shall Savage
Dog’s liability exceed the amount payable to a writer
under the Writers Guild of America Basic Agreement for a
network prime time story or teleplay.
Linked Sites
Savage Dog is not
necessarily affiliated
with websites that may be linked to
or from the Site (the "Linked Sites") and is not responsible
for their content, products or services. Links from the Site
to the Linked Sites are for your convenience only and you
access them at your own risk. To the extent applicable,
you are responsible for compliance with all applicable laws
regarding content, products, or services obtained from any
Linked Sites.
YOU AGREE THAT YOUR USE OF THIRD-PARTY
WEBSITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR
USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS,
OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND
RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND
CONDITIONS OF USE APPLICABLE TO SUCH SITES AND
RESOURCES.
Forums and
Public Communications
As a convenience to
its visitors, Savage Dog may provide, from
time to time and at its sole discretion, one or more chat
areas, message boards, e-mail functions, instant messaging
service, voice-mail, and other services (collectively, the
"Forums"). Forums are provided by Savage Dog to you
and others subject to this TOS, the Guidelines for Use of the
Forums, (as defined below) the Privacy Policy, and other rules
that may be published from time to time by Savage
Dog. Savage Dog intends to provide an Forums free of
charge to users who agree to abide by this TOS and the
Guidelines for Use of the Forums. Savage
Dog reserves the right to change the nature of this
relationship at any time.
Registration and Acceptance of Terms
In consideration for
your use of the
Forums, you agree to (i) comply with this TOS and the
Guidelines for Use of the Forums, (ii) provide Savage Dog with (A)
accurate, complete and true information about yourself as required
on the Forums registration form (your "Registration
Information") in order to create your Savage Dog Forum Account (your
"Account") and (iii) maintain and update, as applicable, your
Registration Information with current and complete
information. Users who violate this TOS, the Guidelines for
Use of the Forums, or provide inaccurate, false, or
non-current Registration Information may, at Savage Dog’s
sole discretion, have their Account suspended or terminated,
and may be permanently banned from using any Forum or other
online Savage Dog service.
As part of your Account, you will be
responsible for creating and maintaining
the confidentiality of your user name and password. You are responsible
for all activity occurring under your Account. You agree that
you will (i) immediately notify Savage Dog of any unauthorized use
of your user name or password and (ii) ensure that you
properly exit a Forum at the completion of your session. Savage
Dog shall have no liability for any loss or damage arising from
your Account or your failure to comply with these
requirements.
ENTERING ANY FORUM WILL CONSTITUTE ACCEPTANCE
OF THESE TERMS OF SERVICE AND YOUR COMPLIANCE WITH THE
GUIDELINES FOR USE OF THE FORUMS. IF YOU DO NOT AGREE TO ABIDE
BY THESE TERMS OF SERVICE OR THE GUIDELINES FOR USE OF THE
FORUMS, PLEASE DO NOT ENTER ANY FORUM.
Guidelines for Use of the
Forums
You are entirely responsible and liable
for all activities conducted by you and any authorized user of
your Account in the Forums, including the transmission,
posting, or other provision of text, files, links, software,
photographs, video, sound, music or other information or
material to any portion of the Forums ("Content"). Listed below
are some, though not all, violations that may
result in Savage Dog
terminating or suspending your access to a Forum.
You agree not to do any of the following actions while using
any Forum:
Harass,
threaten, embarrass or cause distress or discomfort upon
another Forum participant, user, or other individual or
entity;
- Transmit any Content in any Forum
that Savage Dog considers to be disruptive, unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar,
obscene, hateful, racially, ethnically or otherwise
objectionable;
- Cause any chat room screen in any chat room
to "scroll" faster than other users are able to type to it
or any action of a similar disruptive
effect;
- Impersonate in any Forum any
person, including but not limited to, a Savage Dog official, chat or
message board leader, guide or host;
- Disrupt the normal flow of dialogue in
a Savage Dog chat room or otherwise act in a manner that
negatively affects other participants;
- Post or transmit any unsolicited
advertising, promotional materials, or any other forms of
solicitation in the Forums;
- Intentionally or unintentionally violate
any applicable local, state, national or international law,
including but not limited to any regulations having the
force of law while using or accessing any
Forum;
- Invade the privacy or violate any personal
or proprietary right of any person or entity;
and
- Infringe the intellectual property rights
or similar rights, including but not limited to copyrights
and trademarks, of any person or entity.
By posting or uploading Content to any
Forum or submitting any other Content to Savage
Dog, you automatically grant (or warrant that the owner of
such rights has expressly granted) Savage Dog a perpetual, worldwide,
royalty-free, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate,
sub-license, create derivative works from and distribute such
materials or incorporate such Content into any form, medium,
or technology now known or later developed throughout the
universe. In addition, you warrant that the content as
uploaded or posted by you does not violate any person's so
called "moral rights" (adroit moral).
You understand that the uploading to
and/or posting of any Content in any Forum shall not be subject
to any obligation of confidence on the part of Savage
Dog, and Savage Dog shall not be liable for any use or disclosure of
any Content. Without limitation of the foregoing, Savage Dog shall
exclusively own all now known or hereafter existing rights to
the Content of every kind and nature, in perpetuity,
throughout the universe and shall be entitled to unrestricted
use of the Content for any purpose whatsoever, commercial or
otherwise, without compensation to the provider, author or
owner of the Content.
You agree to indemnify Savage
Dog for
any and all claims, damages, losses, and causes of action arising
as a result of your posting or uploading any Content to
any Forum or submitting any Content to us or your failure to
comply with this TOS. While Savage Dog does not and cannot review
all Content posted by users in the Forums and is not
responsible for the content of these postings, Savage Dog reserves the
right to delete, move, or edit Content that it, in its sole
discretion, deems abusive, defamatory, obscene, in violation
of copyright or trademark laws, violates any person's rights
of privacy or publicity or otherwise unacceptable.
No Resale/Exploitation
You understand and
agree that you may not
reproduce, copy, resell,
manipulate, or exploit any part of the Site for any commercial
purpose.
Termination
You understand and
agree that Savage Dog
may, in its
sole discretion and at any time, terminate your password, Account
or use of any Forum, and discard and remove any
Content posted or submitted by you to any Forum, for any reason. Savage
Dog may also, in its sole discretion and at any time, discontinue
any Forum or limit or restrict any users access thereto,
for any reason. You understand and agree that Savage Dog may take any
one or more of these actions without prior notice to
you. Should Savage Dog take any of these actions, it may, in its
sole discretion, immediately deactivate and/or delete any or
all information about and concerning your Account, including
your Registration Information and submitted Content. You
understand and agree that Savage Dog shall not have any liability to you
or any other person for any termination of your access to any
Forum and/or the removal of information concerning your
Account.
Disclaimer
THE
SITE, THE SITE MATERIALS, AND THE SOFTWARE, IF APPLICABLE,
ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE"
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, SAVAGE DOG DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. SAVAGE DOG DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE
FUNCTIONS CONTAINED IN THE SITE, THE SITE MATERIALS, THE
FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE
MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR
OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. SAVAGE DOG DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS, THE FORUMS
OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT SAVAGE DOG)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
Limitation of
Liability
UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL SAVAGE DOG BE LIABLE FOR ANY INDIRECT,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE
MATERIALS, OR THE SOFTWARE, EVEN IF SAVAGE DOG HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT
SHALL SAVAGE DOG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS
SITE.
Miscellaneous
This TOS constitutes
the entire agreement
of the parties with respect to
the subject matter hereof and supersedes all prior or contemporaneous
written or oral agreements between the parties with
respect to the subject matter hereof. This TOS may not be amended,
nor any obligation waived, without Savage Dog’s
written authorization. Any failure to enforce any provision of
this TOS shall not constitute a waiver thereof or of any other
provision thereof.
You hereby irrevocably waive any right to seek and/or
obtain rescission, equitable and/or injunctive relief related
to Savage Dog’s 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.
If any provision of these terms shall be
unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and shall
not affect the validity and enforceability of any remaining
provisions.
This Site may contain “forward-looking
statements” within the meaning of the Private Securities
Litigation Reform Act of 1995. These forward-looking
statements reflect our current views with respect to future
events and are based on assumptions and are subject to risks
and uncertainties. Except for our ongoing obligation to
disclose material information as required by federal
securities laws, we undertake no obligation to update you
concerning any future revisions to any forward-looking
statements. Factors that could cause actual results to differ
materially from those expressed or implied by the
forward-looking statements include, but are not limited to,
those risk factors contained in our filings with the
Securities and Exchange Commission.