terms of use
introduction
welcome to
the internet site of
x3
entertainment group, inc.
please read these terms and conditions of use carefully before using this x3
site. by using the x3 site, you signify your agreement to these terms of use. if
you do not agree to these terms of use, please do not use the x3 site. we
reserve the right, at our discretion, to change, modify, add, or remove portions
of these terms at any time. please check these terms periodically for changes.
your continued use of this x3 site following the posting of changes to these
terms will mean you accept those changes.
restrictions on use of materials
all materials contained in the x3 site are the
copyrighted property of x3 entertainment. all trademarks, service marks, and
trade names are proprietary to x3 entertainment. no material from the x3 site
may be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of the materials
on any single computer for your personal, noncommercial home use only, provided
that (i) you keep intact all copyright and other proprietary notices, (ii) you
make no modifications to the materials, (iii) you do not use the materials in a
manner that suggests an association with any of our products, services, or
brands, and (iv) you do not download quantities of materials to a database that
can be used to avoid future downloads from the x3 site. for purposes of these
terms, the use of any such material on any other web site or computer
environment is prohibited. all trademarks, service marks, trade names, and trade
dress are proprietary to us.
submissions
x3 entertainment often receives various types
of materials for review, including, but not limited to; literary materials
(scripts, treatments, etc…), story ideas & concepts, video and musical
compositions, business plans, marketing proposals, and program/show formats.
a good portion, if not most, of the materials now being submitted represents
ideas, concepts, suggestions or materials significantly similar or identical to
those which have been developed by our staff, or which have been submitted by
others. furthermore, we may begin using material, ideas, or concepts similar or
identical to yours which we received after the date of your submission.
consequently, we are only able to receive and review materials only if it at our
discretion to determine whether we have already used these ideas and to decide
what compensation, if any, should be disbursed in event of use.
due to this, our policy requires the signing of our submission release before we
are able to consider any unsolicited materials, proposals, concepts, ideas,
business plans, marketing proposals, program/show formats, literary materials,
or video and musical compositions. please understand our position, this is to
protect us both. read the release carefully, before signing and returning the
form along with a copy (not originals) of materials you wish to submit.
disclaimer
the materials in this x3 site are provided "as
is" and 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 merchantability and fitness for a particular purpose. we do not
warrant that the functions contained in the materials on the x3 site will be
uninterrupted or error-free, that defects will be corrected, or that the x3 site
or the servers that make such materials available are free of viruses or other
harmful components. we do not warrant or make any representations regarding the
use or the results of the use of the materials on the x3 site in terms of their
correctness, accuracy, reliability, or otherwise. you 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 we be liable for any direct, indirect, incidental,
special, or consequential damages that result from the use of, or the inability
to use, the x3 site or materials or functions on any such site, even if we have
been advised of the possibility of such damages. applicable law may not allow
the limitation or exclusion of liability or incidental or consequential damages,
so the above limitation or exclusion may not apply to you. in no event shall our
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 the x3 site.
termination
these terms are effective until terminated by
either party. you may terminate these terms at any time by discontinuing use of
the x3 site and destroying all materials obtained from any and all such sites
and all related documentation and all copies and installations thereof, whether
made under these terms or otherwise. your access to the x3 site may be
terminated immediately without notice from us if in our sole discretion you fail
to comply with any term or provision of these terms. upon termination, you must
cease use of the x3 site and destroy all materials obtained from such site and
all copies thereof, whether made under these terms or otherwise.
general provisions
these terms shall be governed by and construed
in accordance with the laws of the state of california, without giving effect to
any principles of conflicts of law. you agree that any action at law or in
equity arising out of or relating to these terms shall be filed only in the
state or federal courts located in los angeles county, california, and you
hereby consent and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action. 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 is the entire agreement between
us relating to the subject matter herein and shall not be modified except in
writing, signed by both parties.
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©2004
x3 entertainment group,
inc.
all rights reserved.