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This Website ("Site") is owned and operated by RightsLine Software, Inc. in conjunction with its customers and partners (hereinafter collectively referred to as "RightsLine") and is accessible worldwide to anyone with Internet access.
Access to and use of the Site is subject to the terms and conditions of this User Agreement ("Agreement") and Copyright Notice and all applicable laws and regulations, including laws and regulations governing Copyright and Trademark.
BY USING THE SITE, YOU, THE USER ("YOU"), ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.
ENTIRE AGREEMENT
This Agreement constitutes the entire and only agreement between You and RightsLine, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. RightsLine, its affiliates, subsidiaries, divisions, agents, representatives, licensees and licensors reserve the right to change these terms and conditions at any time without providing You with any further notice. The changes will appear on this screen. By using the Site and agreeing to this Agreement, You agree in advance to accept any changes and check this screen regularly to ensure compliance with these terms and conditions.
PROPERTY OF RIGHTSLINE
All information, including, without limitation, text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks, and all HTML, CGI and other codes and scripts in any format used to implement the Site (all collectively "Content") are the property of RightsLine, or of RightsLine's licensees, and/or strategic partners, or of the sellers/licensors ("Sellers") whose Intellectual Property rights are made available through the Site. You may not copy, modify, upload, download, decompile, disassemble, reverse engineer, transmit, republish, or otherwise distribute any Content from the Site, either directly or by use of a robot, spider, or other similar manual or automated device or process except as otherwise expressly permitted by these terms and conditions, as amended from time-to-time.
INTELLECTUAL PROPERTY OF RIGHTSLINE
The name RightsLine, the structure, sequence, organization, and look and feel of the RightsLine applications, Site, the RightsLine database, listing, and transaction systems, and/or the Content, if and when applicable, (all collectively hereinafter "RL Property") are the sole and exclusive property of RightsLine. You agree not to take any steps to violate the applicable Copyrights, trademarks and/or patents, if any, protecting the RL Property. You may not reproduce or distribute the graphic or textual elements of the RL Property.
All right, title and interest (including, without limitation, all rights arising under the United States Copyright Act, 17 U.S.C. Section 101 et seq., the Trademark Act and all other applicable laws) in and to the RL Property and the entire editorial, visual, audio, and graphical content of all property listings and promotional materials developed by RightsLine in connection with its activities under this Agreement, including, without limitation, (i) each of the web pages, (ii) all advertising, promotional and sales materials created by RightsLine, (iii) all page layout designs developed by RightsLine for the properties shall, as between You and RightsLine, be and remain the sole property of RightsLine and You shall not acquire any right, title or interest in RL Property except to the extent expressly provided by this Agreement. Any unauthorized use of any of RL Property, as well as the editorial, visual, audio, and graphical content of all property listings and promotional materials developed by RightsLine for You shall be deemed an infringement of the rights of RightsLine therein. You shall not in any way or at any time dispute or attack the validity or harm or contest the rights of RightsLine in or to any of RightsLine's Intellectual Property and/or rights and/or RL Property.
No rights or licenses, express or implied, are granted in or to the Content, RL Property and/or materials provided on and/or made available through the Site other than the limited right to use the Site solely for your use in accordance with these terms and conditions and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content, RL Property, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your use (but not for resale or redistribution). The Site has been designed solely to provide information and facilitate the exchange of information between and among users concerning the ownership, availability, and transfer of Intellectual Property rights. The Site may not be used for any illegal purpose or in any manner inconsistent with these terms and conditions. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning or use of the Site, or take any other action that imposes a burden on the RightsLine infrastructure, servers, applications, and/or Sellers.
LIMITATION OF LIABILITY
THE SERVICES AND INFORMATION ACCESSIBLE FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. RIGHTSLINE AND/OR ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, RIGHTSLINE AND ITS AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN RIGHTSLINE AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. RIGHTSLINE ASSUMES NO LIABILITY FOR ANY ERRORS, BUGS, VIRUSES, OMISSIONS OR OTHER PROBLEMS WITH RESPECT TO THE CONTENT OR SERVICES OF THE SITE, OR WITH ANY SELLER'S RIGHT OR LEGAL OR ACTUAL ABILITY TO COMPLETE ANY TRANSACTION OFFERED THROUGH THE SITE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY FURTHER LINKED SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RIGHTSLINE THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. RIGHTSLINE'S MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNT OF COMPENSATION YOU HAVE DIRECTLY PAID, IF ANY, TO RIGHTSLINE FOR ANY GOODS, SERVICES OR INFORMATION OVER THE THIRTY (30) DAY PERIOD IMMEDIATELY PRECEDING THE SUBJECT INCIDENT AND/OR CONDUCT.
IN NO EVENT SHALL RIGHTSLINE HAVE ANY LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES INCURRED FROM THE USE OF OR INABILITY TO USE RIGHTSLINE OR ANY INFORMATION OR SERVICES PROVIDED ON OR ACCESSED FROM RIGHTSLINE, EVEN IF RIGHTSLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH A STATE, RIGHTSLINE'S LIABILITY IS LIMITED TO THE LOWEST EXTENT PERMITTED BY LAW.
SELLER'S DUTIES, REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION
By registering with RightsLine You represent to RightsLine that (i) the contact information that You have provided to RightsLine and/or made available on the Site is accurate, true, correct, complete and not misleading, (ii) you have made available on the Site and provided RightsLine with true, correct and complete information regarding your status, authority and right to enter into transactions and execute licenses. You also agree that if at any time this information changes or You become aware of any inaccuracy in this information, You will correct or update this information on the RightsLine system and/or Site immediately upon discovering, or when you reasonably should have discovered, the inaccuracy of this information. You also agree to indemnify and hold RightsLine harmless for any claims against it or damages and costs incurred by RightsLine arising out of or in connection with any acts, errors, and/or omissions that relate to your use of the Site. You hereby warrant and represent that no such information which You provide to or through the Site is false, misleading, or inaccurate; infringes the Intellectual Property rights of any third party; is defamatory, libelous, threatening or harassing; is obscene, indecent, or unsuitable for minors; otherwise violates any local, state, federal or international law or regulation; or contains any virus or other programming feature which will interfere with the operation of the Site or of the computers of users who visit the Site.
You shall not engage in any act or become involved in any situation or occurrence which brings RightsLine into public disrepute, scandal or ridicule, or shocks or offends the community, or derogates from the public image or reflects unfavorably upon RightsLine or its products and services and shall not make any statements that violate any rule or policy of the Federal Communications Commission, the Federal Trade Commission or any other law, rule or regulation.
You possess the full power, authority and right or have been authorized to enter into transactions and execute licenses for the properties that You find on the RightsLine Site.
DUTY OF GOOD FAITH AND FAIR DEALING
You agree to act in good faith regarding the process of executing licenses for properties you find in and/or through the Site. You agree to act in good faith, to abide by the terms of the Agreement and not to manipulate the system beyond its intended use. You agree not to make illegal attempts to enter into the Site to obtain information that You are not authorized to access nor to use the Site's tools for any purpose other than their intended use, as expressed by RightsLine. RightsLine shall be the sole arbiter of whether You have abided by our rules. We reserve the right to terminate your registration and block access to the RightsLine Site at any time if we determine in our sole discretion that You have not acted in good faith or behaved in accordance with our rules and regulations.
RIGHTSLINE'S ROLE
RightsLine does not guarantee Sellers' purported and/or represented rights in Intellectual Property rights. The Site enables users to inquire, negotiate and license Intellectual Property rights directly from the Sellers, who represent that they are the owners or duly authorized representatives of the owners or licensors of the corresponding Intellectual Property right(s). RightsLine does not verify the accuracy, truth or completeness of the information provided by Sellers, including information with respect to availability, ownership and/or right of licensure. Accordingly, RightsLine does not guarantee the accuracy, truth, or completeness of such information. RightsLine is not a party to any transaction that occurs between any RightsLine users, except to the extent that it is a third-party beneficiary of any transaction fees. You should conduct your own independent research to investigate the status of the rights offered by Sellers through the Site, and obtain independent professional advice, as You deem appropriate.
ADDITIONAL RIGHTS AND CLEARANCES
Please be advised that obtaining the right to use certain Intellectual Property rights acquired by and/or through the Site may require You to obtain further and additional rights, clearances, and/or licenses from multiple parties. For example, Licensees may be required to clear the likeness rights of the actors with the actors themselves, the actors' estate, and/or the Screen Actors Guild. Licensees may also be required to obtain written releases from any unions or guilds to the extent required under the applicable collective bargaining agreements, including, but not limited to, The Director's Guild and The Writer's Guild It is recommended that Licensees carefully consider and obtain any and all further rights, clearances, and licenses that may be required.
LINKED SITES
The Site contains links to web sites maintained, operated and/or owned by third parties. RightsLine is not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by RightsLine. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by RightsLine. If You decide to leave the Site and access these third-party sites, You do so at your own risk.
GENERAL USER PROVISIONS
The Content provided by Sellers is not under the control of RightsLine. You are advised that certain Content or works in which Sellers may offer rights through the Site may be perceived as offensive, harmful, inaccurate or deceptive. You should therefore exercise caution when using the Site or entering into a transaction with a Seller. RightsLine assumes no responsibility or liability for material posted on its Web site by any Sellers of rights. RightsLine shall not be responsible for the truth, accuracy, quality or legality of information listed, or for the ability of Buyers or Sellers to license rights. RightsLine shall not be responsible for monitoring whether agreed upon transactions between Buyers and Sellers are completed, and RightsLine does not guarantee that Sellers and Buyers will complete all transactions that they have agreed to perform.
You agree to indemnify and hold harmless RightsLine, its affiliated companies, employees, officers, directors, agents, successors, assigns, shareholders and subsidiaries, from and against all liabilities, claims, demands, judgments, causes of action, suits, deficiencies, obligations, losses, expenses, damages, and costs, including reasonable attorneys' fees, for which RightsLine may become liable or may incur or be compelled to pay, resulting from any violation or breach of this Agreement or in connection with your breach of any of your warranties, representations, covenants, duties or obligations contained in this Agreement or any act or omission of yours or of any of your representatives, agents, or employees, which indemnity shall include reasonable attorneys' fees incurred by RightsLine in connection with such claim or demand or from a dispute between You and another RightsLine Seller or Buyer, or their authorized representative, and any activity (including negligent or wrongful conduct) by You or your authorized representative in any action or claim against RightsLine arising from the development, marketing or use of the properties or proprietary rights infringed (including the infringement of any third party rights in Trademark, Copyright, patent or trade secret) or from the use of the Trademarks or Copyrights in accordance with the terms of the agreement herein, or arising from or in connection with any and all claims for product liability, defamation, unfair competition, antitrust violation, negligence, misrepresentation, fraud, false advertising or violation of postal laws, Federal Communications Commission or Federal Trade Commission regulations, or any other federal, state or local law, regulation or statute. RightsLine reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification. RightsLine shall have the right to select and control legal counsel for the defense of any such claim, demand or action and for any negotiations relating to any such claim, demand or action; provided, however, You must approve any settlement of any such claim, demand or action to the extent that such settlement imposes any restrictions on or requires You to contribute financially to such settlement. RightsLine also shall have the right to offset any amounts for which You are liable hereunder against amounts that become due and payable by RightsLine to You.
Failure to enforce any right or obligation by either party with respect to any matter arising in connection with this Agreement shall not constitute a waiver as to that matter or any other matter. The invalidity of any provision shall not render invalid any other provision of this Agreement.
This Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto and their successors, heirs and permitted assigns; it being agreed that RightsLine may freely assign its rights and obligations under this Agreement to any other party.
This Agreement sets forth our entire understanding. We may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective upon posting the amended terms on the Site. RightsLine may also impose limits on certain features or services without prior notice. Your continued use of the Site following notice of such modification shall denote acceptance of any such modification. If You do not agree to any modification of this Agreement, You must immediately stop using the Site.
RightsLine reserves the right to limit or terminate at any time this Agreement and/or access to the Site if any term(s) of this Agreement is or are violated by You, or if we are unable to verify any information that You provide. You may terminate this Agreement at any time. The termination of this Agreement for any reason whatsoever shall not release You from (i) any liability, obligation or agreement that at the time of termination of this Agreement You had already accrued; (ii) any liability, obligation or agreement that You may accrue in respect of any act or omission prior to the termination of this Agreement; or (iii) any liability, obligation or agreement pursuant to this Agreement which is intended to be performed by You after the termination of this Agreement, including, but not limited to, the payment of all accrued moneys owed or owing to RightsLine, its partners or customers under this Agreement.
Without prior notice, RightsLine reserves the right in its sole discretion to change, suspend, discontinue or limit access to any aspect of the Site at any time, including the availability of any of the Site features, database, or Content. RightsLine may, without notice, terminate or suspend any user's access to all or part of the Site if it determines, in its sole and absolute discretion, that such user has violated any of these terms and conditions. RightsLine further reserves the right to remove immediately from the Site any offer of rights by any Seller, upon the receipt by RightsLine of any claim or demand from any party other than the Seller who asserts a claim of sole or partial ownership or infringement of the rights being offered by the Seller.
RightsLine has implemented technical security measures, and You expressly agree not to circumvent, or attempt to circumvent, such security measures, or other technical measures that RightsLine has adopted to protect the security of transactions made through the Site and the privacy of communications between and among users of the Site.
This Agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by You with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth above. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Los Angeles, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. RightsLine's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
RightsLine respects the Intellectual Property of others, and accordingly asks You to do the same. If You believe that your work has been copied in a way that constitutes Copyright infringement, please provide our Copyright Agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the Copyright interest;
(b) A description of the Copyrighted work that You claim has been infringed;
(c) A description of where the material that You claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) 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
(f) 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 the Site is Russell Reeder who can be reached as follows:
By mail:
Russell Reeder
12424 Wilshire Blvd., Suite 1130
Los Angeles, CA 90025
By telephone:
Phone +1 310-826-5061
Fax +1 310-356-4912
By e-mail:
support@rightsline.com
You hereby release and hold RightsLine and its officers, affiliates and representatives harmless from and against all legal and equitable claims, demands, and damages, actual and consequential, of every nature and description, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or concerning your use of the Site or any of the Content. If You reside in California, You hereby waive your right to invoke California Civil Code Section 1542, which provides that "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 unknown by him must have materially affected his settlement with the debtor."
RightsLine's Privacy Policy is expressly incorporated by reference into this User Agreement.
By using the Site, You agree to comply with all terms of this User Agreement, all applicable laws and regulations concerning your use of the Site and the transactions into which You enter by means of the Site.
Copyright ©2000 - 2007 RightsLine Software, Inc. All Rights Reserved.
designated Trademarks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the User Agreement and Privacy Policy.
RL User Agreement Version 1.1.1
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