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LYNX ENTERPRISES PRODUCTIONS
INC. Terms Of USE
IMPORTANT! PLEASE READ CAREFULLY.
THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT ALL
TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree
with any of the terms that follow, or do not agree to be bound
by all such terms, do not use this Web Site.
TABLE OF CONTENTS
· Introduction
· Trademarks, Copyrights and Restrictions
· Copyrights and Copyright Agents
· Disclaimers and Limitations on Liability
· Indemnification
· Rules for Bulletin Boards, Chatrooms and
other Forums
· Submissions Policy
· Linking Policy and Linked Web Sites
· Promotions
· Third Parties
· Membership and Registration
· Making a Purchase on or via the Site
· Location
· Violations of These Terms
· Contact Us
INTRODUCTION:
1. This web site ("Web Site") is operated byLynx Enterprises
Productions Inc.Entertainment, Inc. ("LEPI" or "we" or "us"),
an affiliate of LYNX ENTERPRISES PRODUCTIONS INC.. Click here
for a list of the web sites currently covered by these Terms
of Use. Please also review the terms of our Privacy Policy.
Your use of this Web Site is subject to the following Terms
of Use. You agree to these Terms of Use by accessing this
Web Site and/or by accepting any information from this Web
Site. LEPI reserves the right, in its sole discretion, to
modify, alter or otherwise change these Terms of Use at any
time. Please check these Terms of Use periodically for changes.
By using this Web Site after any changes to these Terms of
Use are posted, you are indicating your acceptance of those
changes.
2. The information and features included in this Web Site
have been compiled from a variety of sources, are for informational
and entertainment purposes only, and are subject to change
at any time without notice. This Web Site and all information
it contains are provided "AS IS." By accessing or linking
to this Web Site, you assume the risk that the information
on this Web Site may be incomplete, inaccurate, out of date,
or may not meet your needs and requirements.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
3. TM & COPYRIGHT 2002 BY LYNX ENTERPRISES PRODUCTIONS
INC.. ALL RIGHTS RESERVED. TYKIE FX and related marks are
trademarks of LYNX ENTERPRISES PRODUCTIONS INC.. This Web
Site and all of the content it contains, or may in the future
contain, including, but not limited to, articles, opinions,
other text, directories, guides, photographs, illustrations,
images, video and audio clips and advertising copy, as well
as the trademarks, logos, domain names, trade names, service
marks and any and all copyrightable material (including source
and object code) and/or any other form of intellectual property
(collectively, the "Material") are owned by LEPI, LYNX ENTERPRISES
PRODUCTIONS INC. or other third parties, and are protected
from unauthorized use, copying and dissemination by copyright,
trademark, publicity and other laws and by international treaties.
Nothing contained in these Terms or on the Web Site should
be construed as granting, by implication, estoppel or otherwise,
any license or right to use any Material in any manner without
the prior written consent of LEPI or such third party that
may own the Material or intellectual property displayed on
the Web Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION,
REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING,
DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY OF
THE MATERIAL IS PROHIBITED. As a user of the Web Site, you
agree not to use the Material for any unlawful purposes and
not to violate LEPI's rights or the rights of others. LEPI
may add, change, discontinue, remove or suspend any of the
Material at any time, without notice and without liability.
COPYRIGHTS AND COPYRIGHT AGENT
4. LEPI respects the intellectual property of others and we
ask our users to do the same. In accordance with the Digital
Millennium Copyright Act, LEPI has designated a Copyright
Agent to receive notice of claims of copyright infringement
on the Web Site. LEPI's Copyright Agent is the President,
Lynx Enterprises Productions Inc. The President and Legal
may be reached by telephone at (315) 492-4854 or by email
at Legal Department.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please promptly provide
LEPI 's Copyright Agent the following information:
i. an electronic or physical
signature of the person authorized to act on behalf of
the owner of the copyright interest;
ii. a description of the copyrighted
work that you claim has been infringed;
iii. a description of where
the material that you claim is infringing is located on the
Web Site;
iv. your address, telephone
number and email address;
v. 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;
vi. a statement by you, made
under penalty of perjury, that the above information
in your notice is accurate and that you are either the copyright
owner or authorized to act on the copyright owner's behalf.
DISCLAIMERS AND LIMITATIONS ON
LIABILITY
5. THIS WEB SITE AND ALL MATERIALS CONTAINED ON IT ARE
DISTRIBUTED AND TRANSMITTED "AS IS" WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FORM A COURSE OF
DEALING OR USAGE OF TRADE. LEPI, AS WELL AS LYNX ENTERPRISES
PRODUCTIONS INC. AND ANY OF THEIR PARENT, SUBSIDIARIES AND
AFFILIATED COMPANIES AND THEIR AGENTS AND ASSIGNEES, AS APPLICABLE
(COLLECTIVELY, THE "AFFILIATES") ARE NOT RESPONSIBLE OR LIABLE
FOR ANY INFECTIONS, CONTAMINATION OF OR HARMFUL EFFECTS TO
YOUR SYSTEM OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS
ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE
MATERIAL. THE ENTIRE RISK AS TO QUALITY, ACCURACY, ADEQUACY,
COMPLETENESS, CORRECTNESS, RELIABILITY AND VALIDITY OF ANY
MATERIAL RESTS WITH YOU. LEPI AND THE AFFILIATES SHALL NOT
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF,
OR THE INABILITY TO USE THE MATERIAL, WHETHER THE MATERIAL
IS PROVIDED OR OTHERWISE SUPPLIED BY LEPI OR THE AFFILIATES
OR ANYONE ELSE, OR EVEN WHEN LEPI, THE AFFILIATES OR AN AUTHORIZED
REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT
SHALL LEPI'S OR THE AFFILIATES' TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, CAUSES OF ACTION (WHETHER IN CONTRACT
OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE)
EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR
THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME Of THE ABOVE
MAY NOT APPLY TO YOU.
LEPI AND THE AFFILIATES DISCLAIM ANY AND ALL RESPONSIBILITY
AND LIABILITY FOR THE ACCURACY, CONTENT, PRODUCTS, SERVICES
OR AVAILABILITY OF INFORMATION FOUND ON THIS SITE AND ON OTHER
WEB SITES THAT LINK TO OR FROM THIS SITE FROM THIRD PARTIES
NOT ASSOCIATED WITH LEPI. LEPI AND THE AFFILIATES MAKE NO
REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION,
INCLUDING, WITHOUT LIMITATION, INFORMATION THAT YOU MIGHT
BE REQUESTED TO GIVE ANY THIRD PARTY WEB SITE.
BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING
RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN
OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE
THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE,
THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA,
WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR."
In addition, Internet transmissions are never completely secure
or private. You understand that any message or material you
send to this Web Site may be read or intercepted by others.
LEPI and the Affiliates are not responsible for any resulting
damage to any user's computer from any such security breach,
or from any virus, bugs, tampering, unauthorized intervention,
fraud, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer line failure or any
other technical or other malfunction. You should also
be aware that e-mail submissions over the Internet may not
be secure, and you should consider this before e-mailing the
Web Site or LEPI any personal or confidential information.
LEPI and the Affiliates make no representation or warranty
whatsoever regarding the suitability, functionality, availability
or operation of this Web Site. This Web Site may be temporarily
unavailable due to maintenance or malfunction of computer
equipment.
Additionally, the Web Site contains Material that is for entertainment
purposes only and is not a depiction of fact, and shall not
be considered factual by you. Other than for entertainment
purposes, you acknowledge and agree not to rely on such Material.
The Web Site may also contain facts, opinions, views, statements
and recommendations of third party individuals or organizations.
The Web Site does not represent or endorse the accuracy, currentness
or reliability of any facts, opinions, views, statements and/or
recommendation or other information displayed, uploaded or
distributed through the Web Site. You acknowledge that LEPI
does not give tax, legal or investment advice or advocate
the purchase or sale of any security or investment.
LEPI cannot ensure that you will be satisfied with any products,
merchandise or services that may be advertised on the Web
Site or that you may purchase from the Web Site or a third-party
web site that may be on, or links to or from the Web Site.
LEPI does not endorse any third party products, merchandise
and/or services, nor has LEPI taken any steps to confirm the
accuracy or reliability of, any of the information contained
in any third party advertisements or third-party web sites.
LEPI 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 LEPI or any third party, and you hereby irrevocably
waive any claim against LEPI and the Affiliates, as applicable,
with respect to the Web Site and any third party web sites.
LEPI strongly encourages you to make whatever investigation
you feel necessary or appropriate before proceeding with any
online or offline transaction with any of these third parties.
INDEMNIFICATION
6. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LEPI AND
THE AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITY AND
COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) INCURRED
BY LEPI IN CONNECTION WITH ANY CLAIM ARISING OUT OF: ANY BREACH
OF THESE TERMS OF USE OR THE REPRESENTATIONS, WARRANTIES AND
COVENANTS CONTAINED HEREIN; A CLAIM BY A THIRD PARTY THAT
IS BASED ON YOUR USE OF THIS SITE AND/OR YOUR USE OF THE MATERIAL
IN VIOLATION OF THESE TERMS; AND/OR INFORMATION OR MATERIAL
POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP
ACCOUNT, EVEN IF NOT SUBMITTED BY YOU. YOU WILL COOPERATE
AS FULLY AS REASONABLY REQUIRED IN LEPI'S OR THE AFFILIATES
DEFENSE OF ANY CLAIM. LEPI RESERVES THE RIGHT, AT ITS OWN
EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY
MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU
SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN
CONSENT OF LEPI.
RULES FOR BULLETIN BOARDS, CHATROOMS
AND OTHER FORUMS
7. You shall not post, send, upload, transmit, distribute
or otherwise publish, through Bulletin Boards, Chat Rooms,
or other forums conducted on this Web Site ("Forums"), or
otherwise, any content that:
i. libels, defames, invades
privacy or is indecent, obscene, pornographic, abusive,
or threatening;
ii. infringes any intellectual
property right of any entity or person, including, but
not limited to, violating anyone's copyrights or trademarks
or their right of publicity;
iii. violates any law;
iv. violates or infringes upon
the rights of LEPI, its users or the public, including
material which is an invasion of privacy or publicity rights;
v. advocates illegal activity
or activity that would give rise to civil liability;
vi. solicits gambling or engages
in any gambling activity
vii. interferes with anyone
else's use of this Web Site;
viii. contains a virus or other
harmful component; or
ix. advertises, engages in any
commercial endeavor, or otherwise solicits funds or is
a solicitation for goods or services. (collectively "Non-Approved
Material").
LEPI is not responsible for any material posted on any Forum.
LEPI is not responsible or liable to any person or entity
(including, but not limited to, persons who may use or rely
on such material) for any loss, damage (whether actual, consequential,
punitive or otherwise), injury, claim, liability or other
cause of any kind or character based upon or resulting from
any material provided through this Web Site.
LEPI does not and cannot review every message posted by users
in the Forums, and is not responsible for the content of these
messages. LEPI reserves the right to, but is not obligated
to, delete, move, edit or disclose the contents of messages
that it, in its sole discretion contains Non-Approved Material
or is otherwise unacceptable. In addition, LEPI may delete,
move, edit or disclose the contents of messages when it is
required to do so by law or in a good faith belief that such
action is necessary to protect and defend the rights and property
of LEPI or to protect the safety or our users or the public.
Please be aware that certain message boards and similar user
forums may disclose a user's IP address along with the user's
name and message. To protect your safety, please use your
best judgment when using these forums, and consider carefully
whether you want to disclose any information that can be used
to identify or locate you.
Any material you upload to any Forum or submit to us shall
be governed by our Submissions Policy set forth below.
SUBMISSIONS POLICY
8. Although we welcome your comments, LEPI does not accept
unsolicited submissions for its samples, web sites and other
products. It is the intent of this policy to avoid the possibility
of future misunderstandings when projects developed by LEPI's
or the Affiliates' staff might seem to others to be similar
to their own creative ideas, suggestions or materials. Therefore,
please do not make any such unsolicited submissions to LEPI
or the Affiliates through this Web Site or otherwise, including,
but not limited to, story ideas, character ideas, plot suggestions,
set or costume designs, or scripts. We will not review any
such submissions, and we cannot guarantee that we will respond
to your comments or messages. If at our request you send a
submission (for example, requested sample ideas or personal
opinions), or if despite our request that you not send unsolicited
submissions you send such submission, or if you transmit to
the Web Site by electronic mail or otherwise, communications
including any data, questions, comments, suggestions, or the
like, such submission will not be treated as confidential.
Subject only to our Privacy Policy, none of the information
you submit to the Web Site shall be subject to any obligation
of confidence on the part of LEPI and we will not be liable
for any use or disclosure. Thus, you give up any claim that
any use of such material violates any of your rights, including,
but not limited to, moral rights, privacy rights, proprietary
or other property rights, publicity rights, and right to credit
for the material or ideas contained therein. LEPI shall have
the right, throughout the universe, in perpetuity, without
any compensation or credit to you, to use, reproduce, modify,
adapt, publish, broadcast, license, perform, post, sell, translate,
create derivative works from and distribute the submission
or incorporate the submission into any form, medium or technology
now known or later developed. By submitting materials to the
Web Site or to LEPI or the Affiliates, you represent that
such materials are accurate and original with you and do not
violate the rights of any third parties, including, without
limitation, any intellectual property rights, rights of publicity
and/or privacy. You agree and understand that LEPI and the
Affiliates are not obligated to use your submission and you
have no rights to compel such use.
LINKING POLICY & LINKED WEB SITES
9. The content of this Web Site contains intellectual property
that is protected from unauthorized use, copying and dissemination
by copyright, trademark and other laws. If you link to this
Web Site, we require that you follow these guidelines. The
link to this Web Site must not damage, dilute or tarnish the
goodwill associated with any LEPI, TYKIE FX, FORGOTTEN WISDOM,or
related names and/or intellectual property, nor may the link
create the false appearance that your web site and/or organization
is sponsored, endorsed by, affiliated and/or associated with
LEPI, LYNX ENTERPRISES PRODUCTIONS INC. or their affiliated
companies. You agree that you will not link to the Web Site
from any source that is unlawful, abusive, indecent or obscene,
that promotes violence or illegal acts, that contains expressions
of racism, that is libelous, defamatory, scandalous, or inflammatory
or is otherwise inappropriate. If you do link to the Web Site,
you may link only to the home page, and not to any other page,
directory or subdomain of the Web Site. Under no circumstances
may you "frame" this Web Site or alter its intellectual property
or content in any way. LEPI reserves the right, in its sole
discretion, to terminate a link with any Web site that it
deems inappropriate or inconsistent with the Web Site and/or
these Terms. LEPI is not responsible for the content or performance
of any portion of the Internet including other Web sites to
which this Web Site may be linked or from which this Web Site
may be accessed. Users are requested to inform LEPI of any
errors or inappropriate material found on Web sites to which
this Web Site is or may be linked.
10. LEPI is not necessarily affiliated with web sites that
may be linked to this Web Site and is not responsible for
their content. Such web sites are for your convenience only
and you access them at your own risk. A link from this Web
Site to any other web site does not mean that LEPI or the
Affiliates approve of, endorse or recommend the web site.
PROMOTIONS
11. This Web Site may contain contests or other promotions
that require you to send material or information about yourself.
Please note that contests or promotions offered via the Web
Site may be governed by a separate set of rules that, in addition
to describing such contests or promotions, may have eligibility
requirements, such as certain age or geographic area restrictions.
It is your responsibility to read such rules to determine
whether or not your participation, registration and/or entry
is valid. You agree to read and comply with such rules before
entering any sweepstakes, contest or promotion on this Web
Site.
THIRD PARTIES
12. Your dealings or communications through the Web Site with
any party other than LEPI are solely between you and that
third party. Certain areas of the Web Site may allow you to
conduct transactions or purchase goods or services. Third-party
partners and vendors may conduct these transactions. Under
no circumstances will the Web Site and/or LEPI or the Affiliates
be liable for any goods, services, resources or content available
through such third party dealings or communications, or for
any harm related thereto. Please review carefully that third
party's policies and practices and make sure you are comfortable
with those policies and practices before you engage in any
transaction. Any complaints, concerns or questions you may
have relating to materials provided by third parties should
be forwarded directly to such third parties.
MEMBERSHIP & REGISTRATION
13. Certain areas and/or services offered via the Web Site
may require registration or may otherwise ask you to provide
information to participate in certain features or access certain
content. The decision to provide this information is purely
optional; however, if you elect not to provide such information,
you may not be able to access certain content or features
or participate in various areas and/or services offered via
the Web Site. When you register or become a member of the
Web Site or provide information to the Web Site in any other
manner, you agree to provide only true, accurate, current
and complete information.
If you become a member of the Web Site or any portion thereof,
you agree to accept responsibility for all activities that
occur under your account or password, and agree you will not
sell, transfer or assign your membership or any membership
rights. You are responsible for maintaining the confidentiality
of your password and for restricting access to your computer
so that others may not access the password protected portion
of the Web Site using your name in whole or in part. The Web
Site reserves the right to terminate membership and deny access
to the Web Site to any person who violates these Terms.
MAKING A PURCHASE ON OR VIA THE SITE
14. In the event any products, merchandise and/or services
are sold on the Web Site and any such products, merchandise
and/or services are listed on the Web Site at an incorrect
price or with other incorrect information, LEPI shall have
the right to refuse or cancel any orders placed for such products,
merchandise and/or services and LEPI is hereby released from
any and all liability related to the same. LEPI shall have
the right to refuse or cancel any such orders whether or not
the order has been confirmed and/or your credit card has been
charged. If a product offered by LEPI or a third party is
not as described, your sole remedy is to return it to LEPI
or such party for a refund, at LEPI or such third party's
sole discretion.
LOCATION
15. LEPI operates this Web Site in the United States. Information
contained on the Web Site may not be appropriate or available
for use in other locations, and access to this Web Site from
territories where the content of the Web Site may be illegal
is prohibited. If you access the Web Site from other locations,
you do so on your own initiative and you are solely responsible
for compliance with applicable local laws. These Terms of
Use shall be governed by, construed and enforced in accordance
with the laws of the State of New York, as it is applied to
agreements entered into and to be performed entirely within
such State, and will specifically not be governed by the United
Nations Convention on Contracts for the International Sale
of Goods, if otherwise applicable any action you bring relating
in any way these Terms of Use or any matters related to this
Web Site shall be brought in either the State or Federal Courts
located in Onondaga county, New York and you expressly consent
to the jurisdiction of said courts. If any provision of this
Agreement is void or unenforceable in whole or in part, the
remaining provisions of this Agreement shall not be affected
thereby. Any cause of action you may have with respect to
your use of this Web Site must be commenced within one (1)
year after the claim or cause of action arises, otherwise
the cause shall be forever barred.
No software from the Web Site may be downloaded, exported
or re-exported (i) into (or to a national or resident of)
any countries that are subject to U.S. export restrictions,
or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nations or the U.S. Commerce Department's
Table of Deny Orders. You represent and warrant that you are
not located in, under the control of, or a national or resident
of any such country on any such list.
VIOLATIONS OF THESE TERMS
16. LEPI will determine your compliance with these Terms in
its sole discretion. Any violation of these Terms may result
in restrictions on your access to all or part of the Web Site
and may be referred to law enforcement authorities. LEPI reserves
the right to modify or discontinue this Web Site, or any portion
thereof (including Forums) without notice to you or any third
party. Upon termination of your membership or access to the
Web Site, or upon demand by LEPI, you must destroy all materials
obtained from this Web Site and all related documentation
and all copies and installations thereof. You are advised
that LEPI will aggressively enforce its rights to the fullest
extent of the law, including, without limitation, the seeking
of criminal prosecution against you.
CONTACT US
For questions
or comments regarding these Terms and/or the Web Site please
send an email to:
Terms Of Use.
This LEPI Terms Of Use were last updated on
January 1, 2005
© 2004 LYNX ENTERPRISES PRODUCTIONS INC All rights reserved.
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