| TERMS OF USE |
This Website is the sole and exclusive property of Codeblack Enterprises, LLC. (referred to herein as CBE).
This Website is operated by CBE and materials on the Website are owned or controlled by CBE. The Website may also
Include materials owned by third parties and posted on the Website by virtue of a license, grant or some other
form of agreement between the third party and CBE.
CBE has created this Website for your personal enjoyment, entertainment and education. However,
you are only authorized to access this Website or to use the materials contained in the Website (regardless
of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms
and Conditions of Use which constitute an agreement between you and CBE. Please read these Terms of Use
carefully and save them. If you do not agree with them, you should leave this Website immediately.
Any questions or comments regarding, or problems with, this Website should be sent to the Website Administrator at
nivi12@centurylink.net. CBE reserves the right to modify or amend this
Agreement without notice at any time. It is therefore important that you read this page regularly to ensure that
you are updated as to any changes. If you become aware of misuse of this Website by any person, please contact
the Website Administrator with your concerns. The terms (You) and (Your) are used interchangeably herein and
shall mean the party accessing the Website.
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Access/Use |
All materials contained in this Website are protected by trademark and copyright laws and must only be used for
personal, non-commercial purposes. This means that you may only view or download material from this Website for
your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (Including by way of email, facsimile or other electronic means),
publication, modification, copying or transmission of material from this Website is strictly prohibited unless
you have obtained the prior written consent of CBE or unless it is expressly permitted by this Website. The
material covered by this prohibition Includes, without limitation, any text, graphics, logos, photographs,
audio or video material or stills from audiovisual material available on this Website. The use of materials
from this Website on any other Web Website or networked computer environment is similarly prohibited.
Requests for permission to reproduce or distribute materials found on this Website can be made by contacting
CBE in writing at: 111 Universal Hollywood Drive, Suite 2260 Universal City, CA 91608.
You are also strictly prohibited from creating works or materials that derive from or are based on the
materials contained in this Website Including, without limitation, fonts, icons, link buttons, wallpaper,
desktop themes, online postcards and greeting cards and unlicensed merchandise. This prohibition applies
regardless of whether the derivative materials are sold, bartered or given away.
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Outside Forums (Bulletin Boards, Chat Rooms, etc.)
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You are welcome to post, transmit or submit messages and other materials (which Include uploading files,
inputting data or any other materials or engaging in any form of communication in connection with this Website)
(collectively Communications) to bulletin boards, chat rooms or other public areas within, or in connection with,
this Website (collectively Outside Venues). However, CBE accepts no responsibility whatsoever in connection with
or arising from such Communications.
CBE does not endorse and has no control over the content of Communications submitted by others to
Outside Venues. Communications submitted to Outside Venues are not necessarily reviewed by CBE prior to
posting and do not necessarily reflect the opinions or policies of CBE. CBE makes no warranties, express
or implied, as to the content of the Communications in the Outside Venues or the accuracy and reliability
of any Communications and other materials in the Outside Venues. Nonetheless, CBE reserves the right to
prevent you from submitting Materials to Outside Venues and to edit, restrict or remove such Communications
for any reason at any time.
CBE assumes no responsibility for actively monitoring Outside Venues for inappropriate Communications.
If at any time CBE chooses, in its sole discretion, to monitor the Outside Venues, CBE nonetheless assumes no
responsibility for the content of the Communications, no obligation to modify or remove any inappropriate
Communications, and no responsibility for the conduct of the user submitting any Message. In submitting
Communications to Outside Venues, you agree to strictly limit yourself to discussions about the subject
matter for which the Outside Venues are intended. You agree that CBE accepts no liability whatsoever if
it determines to prevent your Communications from being submitted or if it edits, restricts or removes
your Communications. You also agree to permit any other user of this Website to access, view, store or
reproduce the material for that other user's personal use and not to restrict or inhibit the use of the
Website by any other person. In addition, children under the age of 13 are not authorized to post
messages or participate in Outside Venues on this Website.
You agree that you will not submit Communications to Outside Venues that: are unlawful, threatening,
obscene, vulgar, pornographic, profane or indecent Including any communication that constitutes (or encourages
conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any
local, state, national or international law; violate the copyright, trademark or other intellectual
property rights of any other person. By submitting Communications to Outside Venues, you represent
to CBE that you are the rightful owner of such material or that you have first obtained permission to
submit the material from the rightful owner.
You agree that any Message whatsoever submitted by you becomes the property of CBE and may be used,
copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted
as CBE sees fit.
You agree to release CBE, its parents and affiliates together with their respective employees, agents,
officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with
or arising from your use of Outside Venues. If at any time you are not happy with the Outside Venues or object
to any material within Outside Venues, your sole remedy is to cease using them.
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Unsolicited Submissions |
CBE does not knowingly accept any unfinished unsolicited submissions Including, without limitation,
submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions,
ideas or concepts. CBE’s policy is to simply delete any such submission without reading it or forwarding
it to other CBE staff. Therefore, any similarity between an unsolicited submission and any elements in any
CBE creative work Including, without limitation, a film, series, story, title or concept would be purely coincidental.
If the aforementioned unsolicited submissions are sent to CBE via this Website, however, these submissions
become the property of CBE and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed,
published, displayed or deleted as CBE sees fit. You agree that you are not entitled to any compensation, credit or
notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against CBE,
its parents or affiliates relating to unsolicited submissions, Including, without limitation, unfair competition,
breach of implied contract or breach of confidentiality.
Notwithstanding the foregoing, should you wish to submit a finished, completed video or DVD to CBE,
please see the acquisitions link contained on the home page of the Website.
Linked Sites and Advertising
If you are interested in creating hypertext links to this Website, you must contact CBE directly at the address noted above.
In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the
endorsement, sponsorship or support of this Website or CBE, Including its respective employees, agents, directors,
officers and shareholders.
If CBE has provided links or pointers to other Web Websites, no inference or assumption should be made and no
representation should be implied that CBE is connected with, operates or controls these Web Websites.
CBE is not responsible for the content or practices of third party Websites that may be linked to this Website.
This Website may also be linked to other Websites operated by companies affiliated or connected with CBE. When visiting
other Web Websites, however, you should refer to each such Web Website's individual Terms of Use and not rely on this Agreement.
CBE takes no responsibility for third party advertisements which are posted on this Website, nor does it take
any responsibility for the goods or services provided by its advertisers.
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Warranty, Disclaimer of Liability and Indemnification |
While CBE does its best to ensure the optimal performance of the Website, you agree that you use this
Website and rely on material contained in this Website at your own risk.
The Website, and all materials in this Website, are provided "as is" and, to the fullest extent
permitted by law, are provided without warranties of any kind either express or implied. This means, without
limitation, that CBE DOES NOT WARRANT that the Website is fit for any particular purpose; that the functions
contained in the materials in the Website will be uninterrupted; that defects will be corrected; that the
Website is free of viruses and other harmful components or that the Website is accurate, error free or reliable.
You acknowledge that CBE, its parents and affiliates together with their respective employees, agents,
directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions,
interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or
unauthorized access to your computer system or network.
You acknowledge that CBE is not liable for any defamatory, offensive or illegal conduct or material
found in connection with this Website, Including such conduct or material transmitted by any means by any other person.
You acknowledge that CBE is not liable for any damages, Including, without limitation, direct, incidental,
special, consequential or punitive damages, in connection with or arising from your use or from your inability to
use the Website.
You agree to defend, indemnify and hold harmless CBE, its parents and affiliates together with their
respective employees, agents, directors, officers and shareholders, from and against all the liabilities,
claims, damages and expenses (Including reasonable attorney's fees and costs) arising out of your use of
this Website; your failure to use the Website; your breach or alleged breach of this Agreement or your breach
or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
Termination
CBE reserves the right to immediately terminate your use of, or access to, this Website at any time if CBE decides
at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have
engaged in conduct that CBE considers to be inappropriate or unacceptable
Miscellaneous
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful,
void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity
and enforceability of any remaining provisions.
This Agreement is 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 to submit to the exclusive jurisdiction of the courts of
the State of California or, if appropriate, the United States District Court for the Central District of California
for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use
of the Website, and you further irrevocably waive any right you may have to trial by jury in any such dispute,
action or proceeding. CBE reserves the right to make changes to our site, policies, and these terms & conditions at any time.
Trademarks
Listed below are the trademarks of Codeblack Enterprises, LLC that you will encounter on the web site, this list may or
may not be inclusive. Nothing that is contained on or in this web site should be construed as a grant of any type of
license or right to use any trademark or service mark displayed on this site without the express written permission of
Codeblack Enterprises, LLC or any other third party who owns such trademark or service mark.
Codeblack and the Codeblack symbol is a registered trademark of Clanagan Media Group,
LLC.
Welcome To The Evolution is a service mark of
Clanagan Media Group, LLC.
CBE and the CBE logo are
trademarks of Clanagan Media Group,
LLC.
Copyright
Materials available in this Web site are protected by copyright law. Copyright 2007, Codeblack Enterprises, LLC. All rights reserved.
No part of the materials Including graphics or logos, available in this Web site may be copied, photocopied,
reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without
prior written consent of Codeblack Enterprises, LLC for commercial purposes is prohibited.
Written requests for reprint or other permission should be faxed to:
Fax: 1-818-286-8649
In order to process your request, please include the
following information in your request:
- Full Name
- Company Name
- Address
- Telephone Number
- Fax Number
- Email Address
- Purpose of Request (if for educational use, please include name of
class/seminar, sponsor/university name and when and where presented)
- Number of copies to be made
- Exact cites, reference or description of material to be distributed
- Method of distribution
Once this information is submitted, we will respond to your request as soon as possible. Due to the varied nature of the
requests submitted for review, we cannot promise a specific turnaround time. However, please feel free to contact us by
telephone to discuss specific timing issues.
Copyright
If you believe that any material contained in this web site infringes your copyright, you should notify CBE of your
copyright infringement claim in accordance with the following procedure. CBE will process notices of alleged infringement
which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other
applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be
sent to this web site's Agent who is:
Codeblack Enterprises, LLC
111 Universal Hollywood Drive,
Suite 2260
Universal City, CA 91608
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. ?512(c)(3)):
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works
at a single online Website are covered by a single notification, a representative list of such works at that Website;
Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient
to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party,
such as an address, telephone number, and, if available, an electronic mail address at which the complaining
party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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