By agreeing to the terms of this
license, the user acknowledges that any material copied, downloaded or
otherwise transmitted from this site may be encoded with information pertaining to the
unique user including, but not limited to:
- The user’s e-mail
- The user’s password
obtained from the user’s computer
obtained from the user’s network
obtained from the user’s ISP
Welcome to the Internet sites of TM Studios. This site is operated by TM Studios and its affiliates
(referred to herein as "we", "us", “TM Studios rdquo;, “the company”
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS TM Studios WEBSITE.
reserve the right, at our discretion, to change, modify, add, or remove
portions of these terms at any time. Please check these terms periodically
for changes. Your continued use of this TM Studios Site following the posting of
changes to these terms will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any TM Studios
Site are the copyrighted property of TM Studios, or its subsidiaries or
affiliated companies and/or third party licensors. All trademarks, service
marks, and trade names are proprietary to TM Studios or affiliated companies and/or
third party licensors.. No material from any TM Studios Site or any Internet site
owned, operated, licensed, or controlled by us or our affiliates may be
copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except as noted in this agreement and by direct
licensing with TM Studios.
All materials presented on this site
are for professional use only by broadcasters and other licensed users. All users must have on file a signed and
executed license agreement with TM Studios Nothing on this site will in anyway abrogate any portion of the
master license agreement.
Users may download material from this
site and copy such material only to the extent necessary for purposes of
broadcasting. Any other use may
violate copyright law and the user expressly indemnifies TM Studios, Inc from
any and all consequences resulting from unauthorized use of material
presented on this site.
In the event you download software
from any TM Studios Site, the software, including any files, images incorporated in
or generated by the software, and data accompanying the software
(collectively, the "Software") are licensed to you by us or third party
licensors for your professional use only at appropriate licensed facilities. We do not transfer
title to the Software to you. You own the medium on which the Software is
recorded, but we (or third party licensors) retain full and complete title to
the Software and all intellectual property rights therein. You may not
redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-readable form.
LINKED TO ANY TM Studios SITE
exercise discretion while browsing the Internet using any TM Studios Site. You
should be aware that when you are on a TM Studios Site, you could be directed to
other sites that are beyond our control. There are links to other sites from
TM Studios pages that take you outside of our service. For example, if you "click" on a banner advertisement or a search result, the
"click" may take you off the TM Studios Site. This includes links from
advertisers, sponsors, and content partners that may use our logo(s) as part
of a co-branding agreement. These other sites may send their own cookies to
users, collect data, solicit personal information, or contain information
that you may find inappropriate or offensive. In addition, advertisers on TM Studios
Sites may send cookies to users that we do not control.
reserve the right to disable links from third party sites to any TM Studios Site.
make no representations concerning the content of sites listed in any of our
directories. Consequently, we cannot be held responsible for the accuracy,
relevancy, copyright compliance, legality or decency of material contained in
sites listed in our search results or otherwise linked to a TM Studios Site.
makes no representations as to whether material provided on this site is suitable
for broadcasting. Nor do we make any
representation that material made available on this site can be broadcast
without violation of applicable laws and regulations.
THE MATERIALS CONTAINED IN THIS TM Studios SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO 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 THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY TM Studios
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT ANY TM Studios SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
ON ANY TM Studios SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
explicitly disclaim any responsibility for the accuracy, content, or
availability of information found on sites that link to or from any TM Studios
Site. We cannot ensure that you will be satisfied with any products or
services that you purchase from a third-party site that links to or from any
TM Studios Site or third party content on our sites. We do not endorse any of the
merchandise, nor have we taken any steps to confirm the accuracy or
reliability of, any of the information contained in such third-party sites or
content. We do 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 any third party, and you
hereby irrevocably waive any claim against us with respect to such sites and
third party content. We strongly encourage you to make whatever investigation
you feel necessary or appropriate before proceeding with any online or
offline transaction with any of these third parties.
You are entirely responsible for
maintaining the confidentiality of your password and account and for all
activities that occur under your account. You hereby indemnify, defend and
hold us and our affiliates and our officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all
liabilities and costs (including reasonable attorneys fees) incurred by the
Indemnified Parties in connection with any claim arising out of any breach by
you of this Agreement or claims arising from your account. You shall use your
best efforts to cooperate with us in the defense of any claim. We reserve the
right, at our own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you.
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY TM Studios SITE OR
MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY TM Studios SITE.
otherwise specified, the materials in any TM Studios Site are presented solely for
the purpose of promoting commercial
recording, films, and other products available in the United States and its
territories, possessions, and protectorates. TM Studios is controlled and operated
by TM Studios from its U.S. offices in Dallas, Texas. We make no representation that materials
on any TM Studios Site are appropriate or available for use in any particular
location. Those who choose to access a TM Studios Site do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable. Software from this site is further subject
to United States export controls. No software from this site may be
downloaded or otherwise exported or reexported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other
country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using the
Software, you represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any such
terms shall be governed by and construed in accordance with the laws of the
State of Texas, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to
these terms shall be filed only in the state or federal courts located in
Dallas County, Texas and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms
and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between us relating to the subject
matter herein and shall not be modified except in writing, signed by both
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We may give
notice to our users by means of a general notice on any TM Studios Site, electronic
mail to a user's e-mail address on our records, or by written communication
sent by first class mail to a user's address on our records.
to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated Agent.
See Notice and Procedure for Making Claims of Copyright Infringement.
must be submitted to the following Designated Agent:
Provider(s): TM Studios
of Agent Designated to Receive Notification of Claimed Infringement: David
Address of Designated Agent to Which Notification Should be Sent: 2002
Academy Lane; Dallas, Texas, USA, 75234
Number of Designated Agent: (972) 406-6800
Number of Designated Agent: (972) 406-6890
Address of Designated Agent: info@TMstudios.com
be effective, the notification must be a written communication that includes
1. A physical or electronic signature of person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
of the copyrighted work claimed to have been infringed, or multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
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;
4. 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;
5. 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;
6. 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.