Personal use/License to Digital Content. The Site is being presented for your personal, non-commercial use. Subject to your compliance with all other terms we specify for the Programs or the Site, Thunder Digital Media, Inc. (“we” or “us”) grant you a non-exclusive non-transferable, non-sublicensable, limited right and license to access the Site for your personal, Non-Commercial, Private Use only. We reserve the right to refuse service, terminate accounts, or remove and edit the Content in our sole discretion. As used herein, “Non-Commercial, Private Use” means a presentation of the Content for which no fee or consideration of any kind is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Content.
No Reproduction of Materials. The material on the Site is protected under state and federal copyright and trademark laws. By accessing and/or downloading the material on the Site, you do not acquire any ownership interest or rights to the material found on the Site, nor are you authorized to create any derivative works of such material. You are not authorized to use such material in any way other than as specified herein. All rights to the Content of the Site, and any material on the Site, are reserved by us. Any unauthorized use of the Site, or the contents or materials thereon, automatically terminates the permission or license granted by us hereunder. Copyright and trademark infringement are violations of federal and state law, and are subject to criminal and civil penalties.
General Restrictions. You may not transfer, copy or display the Content, except as permitted in this Agreement. In addition, you may not: i. sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Content to any third party; ii. remove any proprietary notices or labels on the Program; iii. attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Site; or, iv. use the Site or Program for any commercial or illegal purpose.
Accuracy. We cannot and do not guarantee or warrant the accuracy of any information found on the Site. Although we have attempted to make such information accurate at the time it was posted, any action taken or not taken by you as the result of reviewing information on the Site is solely at your risk.
Links. We may have provided links to outside web sites for your convenience. We do not review, and assume no responsibility to review, the content of the sites to which links are provided, and make no representation or warranty as to their content, accuracy or reliability. We are not a proprietor or an agent of any such linked web sites. We have not authorized any other party, including the proprietor(s) of any linked web sites, to act as our agents or bind us in any way. We are providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of its content therein.
Viruses. We attempt to keep the Site virus free. However, due to the nature of the Internet, we assume no responsibility and shall not be liable for any damages due to, or as a result of, viruses, worms, Trojan Horses or other computer programs or applications that may infect your computer or other property as a result of your accessing of the Site.
Communications with Us. Any communication or material that you send to us by electronic mail or otherwise is, and will be treated as, non-confidential and non-proprietary. You hereby consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Minors’ Use of the Site. If you are under the age of 18 years old, you must get your parent’s permission to use this Site, and prior to sharing personal information on the Site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY 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 THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Disputes. You agree that any dispute regarding this agreement and any use of the Site must be brought in a court of competent jurisdiction in Los Angeles County, California, U.S.A., and by using and accessing the Site you hereby consent to venue and jurisdiction in the State of California for any disputes arising from your use of the Site.
Dispute Resolution. If you are located in the United States, the following applies to you. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and us arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Site or service. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THUNDER DIGITAL MEDIA, INC. ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND THUNDER DIGITAL MEDIA, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and THUNDER DIGITAL MEDIA, INC. must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Los Angeles, CA. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Los Angeles County, California. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in San Francisco County, California. This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of California, USA without giving effect to any law that would result in the application of the law of another jurisdiction. If you are located elsewhere in the world, this Agreement is governed by, and must be construed in accordance with, the laws of the California in the United States, and the parties irrevocably submit to the exclusive jurisdiction of the courts of California, United States and their Courts of Appeal.
Entire Agreement. This agreement, together with the Policies posted on the Site, which are incorporated by this reference, represents the entire agreement regarding your use of the Site.
Changes to this Agreement. You may not alter the terms and conditions of this agreement without our express written consent. Any attempt by you to do so is hereby rejected as void.
Thunder Digital Media, Inc. (“we” or “us”) holds the exclusive copyright, or has permission to use the contents of, and all material available on, this Web site (the “Site”), and all such contents and materials are our exclusive property, unless otherwise explicitly indicated.
All rights are reserved by us, and the contents of, and material available on, the Site may not be reproduced, disseminated, published or transferred in any form or by any means, except with our prior written permission.
Copyright infringement is a violation of state and federal law subject to criminal and civil penalties.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;
- Your address, telephone number, and e-mail address;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: firstname.lastname@example.org