Legal Information
Ownership of Site; Agreement to Terms of Use These Terms and Conditions of Use (the “Terms of Use”) apply to the Equalized Productions web site located at studioa.equalizedproductions.com, and all associated sites linked to studioa.equalizedproductions.com by Equalized Productions, its subsidiaries and affiliates (collectively, the “Website”). The Website is the property of Equalized Productions. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Equalized Productions reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Equalized Productions grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. Content All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Equalized Productions, and is protected by copyright, trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Equalized Productions' express prior written consent. You may use information on Equalized Productions products and services from the Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. Your Use of the Website You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Equalized Productions reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Equalized Productions server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Equalized Productions, or exploit the Website or any service or information made available or offered by or through the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Equalized Productions' systems or networks, or any systems or networks connected to the Website or to Equalized Productions'. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Equalized Productions on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Equalized Productions or others. Links to Other Sites and to the Equalized Productions Site This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Equalized Productions' control, and Equalized Productions is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Disclaimers EQUALIZED PRODUCTIONS DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EQUALIZED PRODUCTIONS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EQUALIZED PRODUCTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EQUALIZED PRODUCTIONS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY EQUALIZED PRODUCTIONS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EQUALIZED PRODUCTIONS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Equalized Productions reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Limitation of Liability Except where prohibited by law, in no event will Equalized Productions be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Equalized Productions has been advised of the possibility of such damages. Indemnity You agree to indemnify and hold Equalized Productions, its officers, directors, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Equalized Productions by any third party due to or arising out of or in connection with your use of the Website. Violation of These Terms of Use Equalized Productions may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Equalized Productions' rights or property, or the rights or property of visitors to or users of the Website, including Equalized Productions' customers. Equalized Productions reserves the right at all times to disclose any information that Equalized Productions deems necessary to comply with any applicable law, regulation, legal process or governmental request. Equalized Productions also may disclose your information when Equalized Productions determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Equalized Productions may preserve any transmittal or communication by you with Equalized Productions through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or Equalized Productions determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Equalized Productions, its employees, users of or visitors to the Website, and the public. You agree that Equalized Productions may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Equalized Productions, for which monetary damages would be inadequate, and you consent to Equalized Productions obtaining any injunctive or equitable relief that Equalized Productions deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Equalized Productions may have at law or in equity. You agree that Equalized Productions may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems. If Equalized Productions does take any legal action against you as a result of your violation of these Terms of Use, Equalized Productions will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Equalized Productions. You agree that Equalized Productions will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use. Governing Law; Dispute Resolution You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Douglas County, Colorado, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Equalized Productions and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. Void Where Prohibited Equalized Productions administers and operates the www.equalizedproductions.com Site from its location in Littleton, Colorado USA; other Equalized Productions sites may be administered and operated from various locations. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Equalized Productions reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. Miscellaneous You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Equalized Productions with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Equalized Productions with respect to such use are hereby superseded and cancelled. Equalized Productions will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Equalized Productions' failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Equalized Productions of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Equalized Productions and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Equalized Productions provides access to Equalized Productions international data and, therefore, may contain references or cross references to Equalized Productions products, programs and services that are not announced in your country. Such reference does not imply that Equalized Productions in your country intends to announce such products, programs or services. Feedback and Information Any feedback you provide at this site shall be deemed to be non-confidential. Equalized Productions shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice. Copyright ©2005 Equalized Productions All rights reserved. Equalized Productions, 7069 Forest Ridge Circle, Castle Rock, CO 80108 Effective October 2005
©2006 Equalized Productions LLC. All Rights Reserved.
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