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Terms of Use
The "Terms of Use" are the legally binding terms which govern your use of this Site. Please read these Terms of Use carefully before using the Site. If you do not agree with any of these Terms of Use please do not use this Site, because by using this Site you will be deemed to have irrevocably agreed to these terms. Please note that these Terms of Use may change at any time. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as acceptance of any changes or modifications. These Terms of Use were last updated on February 19, 2002. Trademarks and Copyrights
All material on this Site as well as various websites operated by Peace Arch, including but not limited to images big, stories, characters, names, illustrations, logos, audio clips and video clips ("Material") are protected by copyrights or trademarks ("Marks") which are owned and controlled by Peace Arch or by other parties that have licensed or allowed their materials to be used by Peace Arch. Such trademarks, logos and service marks ("Trademarks") displayed on our web sites are the property of Peace Arch and other parties. You are prohibited from using any Marks for any purpose without the written permission of Peace Arch or such third parties which may own the Marks. Your Use of Material
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited. You may access and view Material displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Peace Arch Entertainment. Any authorization to copy Material granted by Peace Arch Entertainment in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Disclaimer
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. PEACEARCH.NET AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN PEACEARCH.NET 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, PEACE ARCH ENTERTAINMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PEACE ARCH.NET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PEACE ARCH'S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEACE ARCH.NET DOES 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 IN PEACE ARCH.NET OR ANY SITES LINKED TO PEACE ARCH.NET IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. PEACE ARCH MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN PEACE ARCH.NET WILL NOT INFINGE THE RIGHTS OF OTHERS AND PEACE ARCH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF PEACE ARCH.NET . 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. Limitation of Liability
PEACE ARCH DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, PEACE ARCH.NET OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON PEACE ARCH.NET, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF PEACE ARCH.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT PEACE ARCH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. 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. Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, OR OTHER FORUMS ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF PEACE ARCH OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. PEACE ARCH DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF PEACE ARCH. PEACE ARCH MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE. Submissions, Postings and E-mails
Peace Arch wants to hear from you. It is, however, our policy that we will not accept or consider unsolicited submissions of concepts, stories, or other potential content. Therefore, please do not send Peace Arch any unsolicited submissions. In any event, any material you send to us will not be treated as confidential. By using our Site, you agree not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which: (a)
libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; (b)
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (c)
infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; (d)
violates any law or may be considered to violate any law; (e)
advocates or promotes illegal activity; (f)
solicits funds, advertisers or sponsors; (g)
includes programs which contain viruses (h)
contains links to other sites that contain the kind of content, which falls within the descriptions set out in (a) to (h) above. Peace Arch reserves the right to remove any material, which in its opinion violates any of the foregoing. Peace Arch will not be responsible for any such material. Service
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices). Peace Arch, reserves 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. Local Regulations
Peace Arch makes no representation that Materials or other content in the Site are appropriate or available for use outside Canada. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission or viewing of material in Canada or the country you reside in. Indemnity
You agree to indemnify and hold harmless Peace Arch and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Peace Arch's servers, and/or from any and all use of your account. Our Use of Content
Peace Arch will consider anything you provide to Peace Arch and/or contribute to this Site as available for our use free of any obligations to you. Uploading any content to this Site and/or providing any communication or material to Peace Arch ("User Content"), you automatically and irrevocably: (a) grant and assign to Peace Arch any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Peace Arch and/or by any person authorized by Peace Arch, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Peace Arch as your agent with full power to enter into any document and/or do any act Peace Arch may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant to Peace Arch and its subsidiaries and affiliates that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, confidence or otherwise, to you or any other person and that Peace Arch shall not be liable for any use or disclosure of such User Content. Third-Party Sites
This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Peace Arch, and you acknowledge that (whether or not such sites are affiliated in any way with Peace Arch) Peace Arch is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Peace Arch or any association with its operators. Peace Arch cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Peace Arch since other shop channels are owned and operated by independent retailers. Peace Arch does not endorse any of the merchandise, nor has Peace Arch taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Peace Arch does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. Jurisdictional Issues
The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, and other products available in Canada. The Site is controlled and operated by Peace Arch from its offices in British Columbia, Canada. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, as they are applied to agreements entered into and to be performed entirely within British Columbia. Any action you, any third party or Peace Arch may bring to enforce these Terms of Use or, in connection with any matters related to the Site shall be brought only in Courts located in Vancouver, British Columbia, Canada, and you expressly consent to the jurisdiction of said courts. Claims of Infringement
If you believe that any content appearing on this Site infringes your copyright or trademark rights, we want to hear from you. Please forward the following information in writing to the Webmaster named below:
(a)
your name, address, telephone number, and e-mail address;
(b)
a description of the copyrighted work that you claim has been infringed; (c)
the exact URL or a description of each place where alleged infringing material is
located; (d)
a statement by you that you believe the disputed use has not been authorized by you, your agent, or the law.
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