Last Revised September 2007
PLEASE READ THESE TERMS OF SERVICE AND THE RELATED
PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE
OR ANY OF THE Ruckus Productions FORUMS (AS DEFINED BELOW).
Ruckus Productions
This Site (as defined below) is owned and operated
by Ruckus Productions and its subsidiaries
(collectively, "Ruckus Productions"). 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 Ruckus Productions 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 Ruckus Productions
Privacy Policy (the
"Privacy Policy").
License to the Site
Ruckus Productions 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
Ruckus Productions 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. You can determine when this TOS was
last revised by referring to the “Last Revised” note
at the top of this TOS. 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 Ruckus Productions. 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 Ruckus Productions (the "Site Materials") without
the prior written permission of Ruckus Productions.
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 Ruckus Productions’ 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
Ruckus Productions.
Software
From time to time, and at its sole discretion, Ruckus Productions
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 Ruckus Productions. Ruckus Productions does not transfer title to
the Software to you. You own the medium on which
the Software is recorded, but Ruckus Productions 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
Ruckus Productions is pleased to hear from its customers and
welcomes your comments regarding Ruckus Productions products,
including Ruckus Productions’s online services. Unfortunately,
however, Ruckus Productions’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 Ruckus Productions’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 Ruckus Productions. None of the Submissions
shall be subject to any obligation of confidence
on the part of Ruckus Productions, and Ruckus Productions shall not
be liable for any use or disclosure of any Submissions.
Without limitation of the foregoing, Ruckus Productions 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
Ruckus Productions’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
Ruckus Productions 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.
Purchases
AMAZON.COM WILL BE PROCESSING AND SHIPPING ANY PURCHASE
ORDER MADE THROUGH RUCKUS PRODUCTIONS
SHOP. RUCKUS PRODUCTIONS IS NOT RESPONSIBLE FOR
ANY CONTENT APPEARING ON THE AMAZON.COM WEBSITE.
PLEASE NOTE THAT AMAZON.COM’S CONDITIONS OF USE,
SHIPPING RATES AND POLICIES AND RETURNS POLICY SHALL
APPLY TO YOUR ORDER. AMAZON.COM’S CUSTOMER SERVICE
WILL BE RESPONSIBLE FOR HANDLING YOUR CONCERNS AND
ISSUES WITH YOUR ORDER. RUCKUS PRODUCTIONS WILL NOT
BE RESPONSIBLE FOR AMAZON.COM’S DECISIONS REGARDING
SUCH MATTERS OR FOR ANY OTHER MATTERS RELATED TO
AMAZON.COM’S WEBSITE. PLEASE NOTE THAT AMAZON.COM
GIFT CERTIFICATES OR CREDITS WITH AMAZON.COM CANNOT
BE USED IN CONNECTION WITH PURCHASES THROUGH RUCKUS
PRODUCTIONS SHOP.
Forums and Public Communications
As a convenience to its visitors, Ruckus Productions 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 Ruckus Productions 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 Ruckus Productions.
Ruckus Productions 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. Ruckus Productions 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 Ruckus Productions with (A)
accurate, complete and true information about yourself
as required on the Forums registration form (your
"Registration Information") in order to create your
Ruckus Productions 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 Ruckus Productions’s sole discretion,
have their Account suspended or terminated, and may
be permanently banned from using any Forum or other
online Ruckus Productions 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 Ruckus Productions 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. Ruckus Productions 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 Ruckus Productions 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 Ruckus Productions
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 Ruckus Productions official, chat or
message board leader, guide or host;
- Disrupt the normal flow of dialogue in a Ruckus Productions
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 Ruckus Productions, you automatically grant
(or warrant that the owner of such rights has expressly
granted) Ruckus Productions 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 Ruckus Productions,
and Ruckus Productions shall not be liable for any use or disclosure
of any Content. Without limitation of the foregoing,
Ruckus Productions 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 Ruckus Productions 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 Ruckus Productions does not and
cannot review all Content posted by users in the Forums
and is not responsible for the content of these postings,
Ruckus Productions 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.
Non-United States Residents
Ruckus Productions makes no representation that the Site Materials,
including merchandise offered for sale on the Site
and their copyrights, trademarks, patents, and licensing
arrangements, are appropriate or available for use
in locations other than the United States. Those
who choose to access the Site from locations outside
of the U.S. do so on their own initiative and at
their own risk, and are responsible for compliance
with local laws, if and to the extent local laws
are applicable. With respect to shipments of merchandise
to consumers, wherever they may reside, title to
the merchandise and risk of loss shall pass to the
buyer upon delivery of the merchandise to the common
carrier.
Jurisdictional Issues
The Site is controlled and operated by Ruckus Productions from
its offices within the State of California, United
States. Ruckus Productions makes no representation that materials
in the Site are appropriate or available for use
in other locations. Software from this Site is further
subject to United States export controls. No software
from this Site may be downloaded or otherwise exported
or re-exported (i) into (or to a national or resident
of) Cuba, Iraq, Libya, North Korea, Iran, Sudan,
Syria, or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders.
By downloading or using the Software, you represent
and warrant that you are not located in, under the
control of, or a national or resident of any such
country or on any such list.
Termination
You understand and agree that Ruckus Productions 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. Ruckus Productions 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 Ruckus Productions may take
any one or more of these actions without prior notice
to you. Should Ruckus Productions 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
Ruckus Productions 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, Ruckus Productions DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. RUCKUS PRODUCTIONS
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. Ruckus Productions
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 Ruckus Productions) 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 RUCKUS PRODUCTIONS 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 RUCKUS PRODUCTIONS 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 RUCKUS PRODUCTIONS' 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.
Copyright Notice
If you believe that any Content appearing on the Site
or in any Forum has been copied in a way that constitutes
copyright infringement, please forward the following
information to the Copyright Agent named below:
1. Your name, address, telephone number, and email
address;
2. A description of the copyrighted work that you claim
has been infringed;
3. The exact URL or a description of where the alleged
infringing material is located;
4. A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law;
5. An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest; and
6. A statement by you, made under penalty of perjury,
that the above information in your Notice is accurate
and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
By this filing, Ruckus Productions seeks to preserve any and
all exemptions from liability that may be available
under the copyright law, but does not necessarily stipulate
that it is a service provider as defined in 17 U.S.C
Section 512(c) or elsewhere in the law.
Filtering
Pursuant to 47 U.S.C. Section 230(d), as amended, Ruckus Productions
hereby notifies you that parental control protections
(such as computer hardware, software or filtering
services) are commercially available that may assist
you in limiting access to material that is harmful
to minors.
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 Ruckus Productions’s written authorization.
Any failure to enforce any provision of this TOS
shall not constitute a waiver thereof or of any other
provision thereof.
This TOS shall be governed and construed in accordance
with the laws of the State of California applicable
to contracts entered into and fully performed in California.
Any dispute or claim arising out of or relating to
this TOS shall be submitted to and settled by binding
arbitration conducted before a single arbitrator in
Los Angeles in accordance with the Federal Arbitration
Act, to the extent that such rules do not conflict
with any provisions of this TOS. Said arbitration shall
be under the jurisdiction of Judicial Arbitration and
Mediation Services, Inc. in Los Angeles, California.
Any award, order, or judgment pursuant to such arbitration
shall be deemed final and binding and may be entered
and enforced in any state or federal court of competent
jurisdiction. Each party agrees to submit to the jurisdiction
of any such court for purposes of the enforcement of
any such award, order, or judgment.
You hereby irrevocably waive any right to seek and/or
obtain rescission, equitable and/or injunctive relief
related to Ruckus Productions’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. |