TERMS OF USE

The following terms and conditions (the “Terms and Conditions”) govern your use of www.humbugchristmas.com, (hereafter the “Web Site”). The Web Site is made available to you by Humbug Christmas a series of Paralight Films, LLC (“Humbug”). Humbug may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. By using the Web Site, you accept and agree to these terms and conditions as applied to your use of the Web Site. If you do not agree to the Terms and Conditions, you may not access or otherwise use Humbug’s Web Site.

Web Site Ownership and Proprietary Rights.

Humbug owns, solely and exclusively, all rights, title and interest in and to the Web Site, and all the content (including but not limited to, for example, audio, video, photographs, illustrations, graphics, other visuals, copy, text, software, titles, images, programming, JavaScript, Shockwave files, PDF files, etc.), code, data, and materials, the look, feel, and aesthetic of the Web Site, design, navigation and organization of the Web Site, and the compilation of the content, the coding, data, and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights. Your use of the Web Site does not grant you ownership of any content, code, data, or materials on the Web Site.

Prohibited Uses.

Any commercial or promotional distribution, publishing, or exploitation of the Web Site, or any content, code, data, or materials on the Web Site, is strictly prohibited without the express prior written permission of Humbug or the rights/license holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content from the Site, including code, data, or materials on the Web Site. You may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on the Web Site or provided through the services made available on or through the Web Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. If you make other use of the Web Site, or the content, code, data or materials thereon, except as otherwise provided above, you may be in violation of Copyright and other laws of the United States, and foreign countries, as well as all applicable state laws, and you may be subject to liability for such unauthorized use. Humbug will aggressively enforce its intellectual property rights to the fullest extent of the law, including referral to appropriate authorities for criminal prosecution.

Limited License.

You may access and view the content on the Web Site on your computer or other Internet compatible device. The Web Site and the services offered on or through the Web Site, including all content and materials thereon, are only for your personal, non-commercial use.

User Information.

In the course of your use of the Web Site and/or the services therein, you may be asked to provide certain personal information (hereafter “User Information”). You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date. False or fraudulent User Information shall be considered a violation of these Terms of Use.

User Submitted Materials.

Unless specifically requested, Humbug does not solicit nor does Humbug wish to receive any confidential, secret, or proprietary information or other material from you through the Web Site, by e-mail, or in any other manner. Any information, creative works, comics, scripts, demonstrations, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us (including, for example and without limitation, that which you submit to our chat rooms, message boards, and/or our blogs, or via e-mail) (“User Submitted Materials”) will be deemed not confidential or secret, and may be used by us in any manner consistent with the Web Site’s Privacy Policy. By submitting or sending User Submitted Materials to us, you: (i) represent and warrant that the User Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in User Submitted Materials have been waived, and (ii) you grant Humbug and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes.

Humbug is not responsible for maintaining any User Submitted Material that you provide to us, and Humbug may delete or destroy any such User Submitted Material at any time with or without notice to you.

Trademarks.

The trademarks, logos, service marks, and trade names (collectively, the “Trademarks”) displayed on the Web Site are registered and unregistered Trademarks of Humbug and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Humbug that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting any license or right to use any Trademark displayed on the Web Site without the prior written permission of Humbug or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or any of the Web Site’s services is strictly prohibited. Humbug will aggressively enforce its Trademark rights to the fullest extent of the law, including referral to appropriate authorities for criminal prosecution.

Blogs, Forums, Chat Rooms, and Bulletin Boards.

Humbug may make messaging services, chat services, bulletin boards, message boards, blogs, other forums and the like available on or via the Web Site. In addition to any other rules or regulations that Humbug may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute, or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which:

Restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services;

Are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent;

Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law;

Violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity, or any other proprietary right;

Contain a virus, spyware, or other harmful component;

Contain embedded links, advertising, chain letters, or pyramid schemes of any kind; or

Constitute or contain false, fraudulent, or misleading indications of origin, endorsement, or statements of fact.

 

You further agree not to impersonate any other person, or entity, whether an actual person or fictitious person, including any person or entity from the Web Site or from Humbug or its affiliates. You may not offer to buy or sell any product or service on or through your comments submitted to our forums or blogs. You or the entity you represent are solely and/or jointly responsible for the content and consequences of your activities.

Prohibited User Conduct.

You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding, or other promotional content into any of the Web Site’s content, materials, or services (for example, without limitation, in an RSS feed or a podcast received from Humbug or otherwise through the Web Site), or use, redistribute, republish, or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site.

You shall not: (i) engage in “spidering,” “screen scraping,” “database scraping” or “mining,” hacking, “spamming,” harvesting of e-mail addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (iii) use the Web Site or the services made available on or through the Web Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages, spam, or “flooding” servers with requests; (iv) use the Web Site or the Web Site’s services or features in violation of Humbug’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Web Site or the Web Site’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, hack, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.

Right to Monitor Activities and Editorial Control.

Humbug reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Web Site or through the Web Site’s services or features by users, and Humbug is not responsible for any such materials posted by its users. However, Humbug reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in Humbug’s sole discretion are objectionable or in violation of this Terms of Use, Humbug’s policies, or applicable law. Humbug may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if Humbug believes you have breached the guidelines set forth in this paragraph, these terms and conditions, or applicable law, or for any other reason without notice of liability.

Private Information on Blogs, Forums, Chat Rooms, and Bulletin Boards.

It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, including on Humbug’s Web Site, individual user’s computers, and elsewhere on the Internet, which are likely to be accessible for a long time. You cannot control who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary, or confidential information in your comments to our public forums.

Links to the Web Site.

You agree that if you include a link from any other Web Site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Web Site. You agree not to download or use images hosted on this Web Site on another Web Site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other Web Site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” or surrounded by any third party content, materials, or branding. Humbug reserves all rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other Web Site at any time upon written notice to you.

Indemnification.

You agree to defend, indemnify, and hold Humbug and its directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software, or other materials through the Web Site, or your breach or violation of the law or of these Terms and Conditions. Humbug reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Humbug’s defense of such claim.

Online Product Ordering

Humbug may make certain products available to visitors and registrants of the Web Site. You may only order products if you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Humbug. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.

Third Party Web Sites.

You may be able to link from the Web Site to third party Web Sites and third party Web Sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that Humbug has no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by Humbug of such Web Sites or the information, content, products, services, advertising, code, or other materials presented on or through such Web Sites. Also, Humbug is not responsible for web casting or any other form of transmission received from any linked Web Site. Any reliance on the contents of a third party Web Site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

Disclaimer of Warranties.

The Web Site, including, without limitation, all services, content, functions, and materials, is provided “as is,” “as available,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, playability, displayability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability, or fitness for a particular purpose, and Humbug hereby disclaim any and all such warranties, express and implied. Humbug does not warrant that the Web Site or the services, content, functions, or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. Humbug makes no warranty that the Web Site will meet users’ requirements. No advice, results, or information, whether oral or written, obtained by you from us or through the Web Site shall create any warranty not expressly made herein. Humbug also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Web Site or your downloading of any materials, data, text, images, video content, or audio content from the Web Site. If you are dissatisfied with the Web Site, your sole remedy is to discontinue using the Web Site.

Humbug tries to ensure that the information posted on the Web Site is correct and up-to-date. Humbug reserves the right to change or make corrections to any of the information provided on the Web Site at any time and without any prior warning. Humbug cannot, and does not, guarantee the correctness, precision, thoroughness, or completeness of any of the information available on the Web Site, nor will Humbug be liable for any inaccuracy or omission concerning any of the information provided on the Web Site.

Without limitation of the above in this section, Humbug and its affiliates, suppliers, and licensors make no warranties or representations regarding any products or services ordered or provided via the Web Site, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the Web Site or in correspondence with Humbug or its agents. Any products and services ordered or provided via the Web Site are provided by Humbug “as is,” except to the extent, if at all, otherwise set forth in a license or sale agreement separately entered into in writing between you and Humbug or its licensor or supplier.

Under no circumstances does your use of the Web Site form any relationship, whether implied or express, with Humbug. Humbug hereby disclaims any such relationship and any liability arising as a result of its use of any content, including, without limitation, messages, comments, or contributions, contained on the Web Site.

Limitation of Liability.

In no event, including but not limited to negligence, shall Humbug, or any of its directors, officers, employees, agents, or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Web Site or the content, materials, and functions related thereto, your provision of information via the Web Site, lost business, or lost sales, even if such Protected Entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Web Site. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence, or otherwise) arising from the terms and conditions or your use of the Web Site exceed, in the aggregate, the amount, if any, paid by you to Humbug for your use of the Web Site or purchase of products via the Web Site.

Applicable Laws.

Humbug controls and operates the Web Site from our offices in the United States of America. Humbug does not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

Termination.

Humbug may terminate, change, suspend, or discontinue any aspect of the Web Site or the Web Site’s services at any time. Humbug may restrict, suspend, or terminate your access to the Web Site and/or its services if Humbug believes you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. Humbug maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.

Changes to Terms of Use.

Humbug reserves the right, at its sole discretion, to change, modify, add, or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

Miscellaneous Provisions.

The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Utah, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Utah, County of Utah, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Utah County in the State of Utah. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.