Your
use of this web site, http://www.betterlucktomorrow.com
(the "Web
Site") is subject to the following terms and conditions of use (the
"Terms"). You agree to
these Terms by accessing this Web Site and/or by accepting any information from
this Web Site. Paramount Pictures
Corporation ("PPC" or “We”) reserves the right in our
sole discretion to modify, alter or otherwise change these Terms and you agree
to be bound by such modifications, alterations or changes. We will post changes here, so check
back periodically. Your continued
use of this Web Site after the posting of any change in the Terms shall
constitute your acceptance to be bound by any such changes. Please also review the terms of the Web
Site’s Privacy Policy.
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. 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incomplete, inaccurate, out of date, or may not meet your needs and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.
This Web
Site and all of the content it contains, or may in the future contain, such as
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
PPC 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 PPC 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, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS
STRICTLY PROHIBITED. As a user of
the Web Site, you agree not to use the Material for any unlawful purposes and
not to violate PPC's rights or the rights of others. You are advised that PPC will aggressively enforce its
rights to the fullest extent of the law, including, without limitation, the
seeking of criminal prosecution against you. PPC may add, change, discontinue, remove or suspend
any of the Material at any time, without notice and without liability.
You shall not post, send, upload, transmit, distribute,
submit or otherwise publish, through User Forums or otherwise, any material,
nor link to the Web Site from any online source that:
(i)
is
unlawful, abusive, indecent or obscene;
(ii)
promotes
violence or illegal acts;
(iii)
contains
expressions of racism;
(iv)
advertises
or contains any solicitation of funds or unsolicited "junk"
electronic mail;
(v)
is
libelous, defamatory, scandalous, indecent, obscene, pornographic, threatening
or inflammatory or is otherwise inappropriate;
(vi)
contains
any viruses or other software that may adversely affect the operation of
another’s computer;
(vii)
represents
yourself as an individual other than yourself;
(viii)
infringes
any intellectual property right of any entity or person, including, without
limitation, violating anyone’s copyrights or trademarks or their right of
publicity;
(ix)
violates
any law;
(x)
violates
or infringes upon the rights of PPC its users or the public, including material
which is an invasion of privacy or publicity rights;
(xi)
advocates
illegal activity or activity that would give rise to civil liability;
(xii)
solicits
gambling or engages in any gambling activity;
(xiii)
interferes
with anyone else’s use of the Web Site. (collectively, “Non-Approved Material”).
Certain areas of this Web Site may provide access to
online user forums, bulletin boards or chat rooms (“User
Forums”). PPC does not
endorse the content in such User Forums and specifically disclaims any
responsibility or liability to any person or entity (including, without
limitation, 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.
PPC does not and can not review every message posted by
users in the User Forums, and is not responsible for the content of these
messages. PPC reserves the right
to, but is not obligated to, delete, move or edit content, in whole or in part,
submitted by you to the Web Site and/or PPC for any reason, including a
determination by PPC, in PPC’s sole discretion, that such content
contains Non-Approved Material or violates any PPC Terms. In addition, PPC 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 PPC or to protect the safety of our users or the public.
Please
be aware that certain 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 User
Forums, and consider carefully whether you want to disclose any information
that can be used to identify or locate you.
This Web Site AND all Material
AND INTELLECTUAL PROPERTY contained on it are distributed “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 OR THOSE ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
YOU
AGREE THAT PPC and its parents,
affiliates, subsidiaries, licensors and assigns ARE NOT LIABLE TO YOU
FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN
CONNECTION WITH THIS WEB SITE, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS
TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE,
ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR
UNAUTHORIZED ACCESS TO, THIS WEB SITE OR ITS RELATED INFORMATION OR
PROGRAMS. NOTWITHSTANDING ANY
OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL PPC
OR its parents, affiliates,
subsidiaries, licensors OR assigns BE LIABLE TO YOU FOR ANY REASON OR
ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS
($50). 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 MIGHT NOT APPLY
TO YOU.
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.”
PPC makes no representation or warranty whatsoever regarding
the completeness, accuracy, currency or adequacy of any information, facts,
views, opinions, statements or recommendations contained on this Web Site
and/or the Material. Reference to
any product, process, publication or service of any third party by trade name,
domain name, trademark, service mark, logo, manufacturer or otherwise does not
constitute or imply its endorsement or recommendation by PPC. Views and opinions of users of this Web
Site do not necessarily state or reflect those of PPC. Users are responsible for seeking the
advice of professionals, as appropriate, regarding the information, opinions,
advice or content available at this Web Site.
The
Internet may be subject to breaches of security. PPC is 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 email submissions over the Internet may
not be secure, and you should consider this before e-mailing PPC any
information. PPC makes 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.
BY USING THIS WEB SITE YOU AGREE TO INDEMNIFY, DEFEND AND
HOLD PPC AND its parents, affiliates,
subsidiaries, licensors AND assigns HARMLESS FROM AND AGAINST ANY
CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES,
LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR
BREACH OF YOUR REPRESENTATIONS; YOUR VIOLATION OF THESE TERMS; A CLAIM BY A
THIRD PARTY THAT IS BASED ON YOUR USE OF THIS WEB SITE AND/OR THE MATERIAL IN
VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH
YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU THAT
INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT OR OTHER
INTELLECTUAL PROPERTY RIGHT OR DEFAMES ANY PERSON OR VIOLATES THEIR RIGHT OF
PUBLICITY AND/OR PRIVACY; ANY MISREPRESENTATION MADE BY YOU; AND/OR PPC’S
USE OF YOUR INFORMATION. YOU WILL
COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN PPC’S DEFENSE OF ANY
CLAIM. PPC 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 PPC.
Copyrights and Copyright Agents
PPC
respects the intellectual property of others and we ask our users to do the
same. In accordance with the
Digital Millennium Copyright Act, PPC has designated a Copyright Agent to
receive notice of claims of copyright infringement on the Web Site. PPC’s Copyright Agent is Gregory
Ellwood. Mr. Ellwood may be
reached by telephone at (323) 956-5000 or by email at
Gregory_Ellwood@Paramount.com.
If
you believe that your work has been copied in a way that constitutes copyright
infringement, please promptly provide PPC's Copyright Agent the following information:
PPC
does not accept unsolicited submissions for its motion pictures, web sites or
other products and services. It is
the intent of this policy to avoid the possibility of future misunderstandings
when projects developed by PPC’s 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 PPC through this Web Site or otherwise, including,
without limitation, story ideas, character ideas, plot suggestions, set or costume
designs, or scripts. PPC will not
review any such submissions, and we can not guarantee that we will respond to
your comments or messages. If at
our request you send a submission (for example, personal opinions or in
connection with a special promotion), or if despite our request that you not
send unsolicited submissions you transmit, submit and/or post any communication
or material to the Web Site and/or PPC by electronic mail, in User Forums or
otherwise, including any data, questions, comments, suggestions, personally
identifiable information or the like, such communication and its contents are
and will be treated as, nonconfidential and non-proprietary. Thus, subject to the Privacy Policy,
anything you transmit, submit and/or post to the Web Site and/or PPC may be
used by PPC for any purpose, including, without limitation, reproduction,
disclosure, transmission, publication, broadcast and posting. In addition, and subject only to the
terms of our Privacy Policy, PPC is free to use any ideas, concepts, know-how
or techniques contained in any communication you send to the Web Site and/or
PPC, for any purpose whatsoever including, without limitation, developing,
manufacturing and marketing products using such information. By submitting materials to this Web
Site or PPC, you represent that such materials are original with you and do not
violate the rights of any third parties, including, without limitation, any
intellectual property rights and rights of publicity and/or privacy. All submissions to the Web Site and/or
PPC shall be the sole property of PPC and will not be returned.
The Material of this Web Site contains intellectual
property that is protected from unauthorized use, copying and dissemination by
U.S. 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 PPC
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 PPC.
Under no circumstances may you “frame” this Web Site or
alter its intellectual property or Material in any other way. PPC reserves the right, in its sole
discretion, to terminate a link with any Web site that it deems inappropriate
or inconsistent with this Web Site and/or these Terms.
PPC is
not responsible for the content or performance of any portion of the Internet
including other World Wide Web sites to which this Web Site may be linked or
from which this Web Site may be accessed.
Users are requested to inform PPC of any errors or inappropriate
material found on Web sites to which this Web Site is or may be linked.
This
Web Site may contain sweepstakes, contests or other promotions that require you
to send material or information about yourself. Please note that sweepstakes, contests or promotions offered
via the Web Site may be governed by a separate set of rules that, in addition
to describing such sweepstakes, contest or promotion, 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.
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
to 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.
PPC operates this Web Site in the United States. Information contained on this 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 this
Web Site form other locations, you do so on your own initiative and you are
solely responsible for compliance with applicable local laws. These Terms shall be construed and
enforced in accordance with the laws of the State of California, without regard
to its conflicts of law principles and will specifically not be governed by the
United Nations Conventions on Contracts for the International Sale of Goods, if
otherwise applicable. Any cause of
action with respect to the Terms and/or your use of this Web Site must be filed
in the County of Los Angeles, City of Los Angeles, State of California within
ninety (90) days after the occurrence of the facts giving rise to the cause of
action, 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.
PPC
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.
No waiver of any of these Terms shall be of any force or effect unless
made in writing and signed by a duly authorized officer of PPC. PPC reserves the right to modify or
discontinue this Web Site, or any portion thereof (including User Forums)
without notice to you or any third party.
Upon termination of your membership or access to the Web Site, or upon
demand by PPC, you must destroy all materials obtained from this Web Site and
all related documentation and all copies and installations thereof. You are
advised that PPC will aggressively enforce its rights to the fullest extent of
the law, including, without limitation, the seeking of criminal prosecution
against you.
Copyright © 2002 Paramount Pictures. All rights reserved.