Website Usage Guidelines
Terms and Conditions For Using the MODA Entertainment Website
The following Terms and Conditions govern the user's (“you, “your”) use of the MODA Entertainment Website (“Website”) and the materials accessible on or from the Website (“Materials”), and constitute a binding agreement between you and MODA Entertainment, Inc., its subsidiaries, and affiliated entities (collectively “MODA Entertainment” and “we”, “us”, “our”) with regard to your use of the Website. Please read them carefully before entering the Website, and refer to them as necessary as you explore the Website. Your use of the Website means that you accept the Terms and Conditions. If you do not agree with these Terms and Conditions, please do not visit or use the Website. MODA Entertainment may modify these Terms and Conditions from time to time without notification to you. Such modification shall be effective upon posting by MODA Entertainment on the Website. You agree to be bound by any changes to these Terms and Conditions when you visit and/or use the Website after any such modification is posted. If you do not agree and do not accept these Terms and Conditions and agree to be bound by them, do not use the Website. The Website is not intended for use by any person under 13 years of age. If you are between 13” and 17 years of age, you must obtain permission from your parent or legal guardian before sending any information about yourself to MODA Entertainment. Any application or other materials submitted by a person under 18 must be accompanied by a signed parental consent in order to be considered by MODA Entertainment.
MODA Entertainment discourages you from sending us any information or material that you consider to be confidential or proprietary through the Website or by any other means such as email, voice mail, fax, U.S. Postal Service or private courier delivery. Please note that if you do send us any such information or material, MODA Entertainment will assume it is not confidential and will not treat it as such. The foregoing applies to both solicited information and material (i.e., information and material you may supply to us in response to an application, request or query of MODA Entertainment), as well as unsolicited information and material (i.e., information and material you may supply in the absence of an application, request or query of MODA Entertainment).
With regard to unsolicited information and material, MODA Entertainment actively discourages you from sending us any unsolicited information or material (including without limitation television show pitches, concepts, formats, scripts, ideas, or any other material or information) to us via any means, including without limitation through the Website or by any other means such as email, voice mail, fax, U.S. Postal Service or private courier delivery. Any information or material you submit via the Website, whether solicited or unsolicited, shall become the property of MODA Entertainment, and by your submission you hereby assign, for no compensation, payment, remuneration, or promise of compensation, payment, or remuneration, all right, and interest to such information and material, including any moral rights, to MODA Entertainment. In the event that you cannot assign all right, title and interest to the information or material you submit, by sending MODA Entertainment information or material, you grant MODA Entertainment an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, including any moral rights, via any and all media now known or hereafter invented throughout the universe in perpetuity, and you also agree that MODA Entertainment is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without compensation, payment, remuneration, or promise of compensation, payment, or remuneration to you or any other person. You agree that all material and information you provide to MODA Entertainment via this Website or otherwise is true, current, accurate and complete, and that such material and information does not violate or infringe upon the civil or proprietary rights of any third party (including without limitation (i) infringement of trademark, service mark, trade name, or copyright, (ii) defamation, or (iii) violation of right of privacy or publicity, property rights, or any other right of any third party).
2. Ownership Information
Unless otherwise noted, the information on this Website, along with any Materials (including, for example, white papers, press releases, data sheets, product descriptions and FAQs) is the copyrighted work of MODA Entertainment and/or its suppliers and clients and is protected under US and worldwide copyright laws and treaty provisions. MODA Entertainment's trademarks, including the names of its production companies and programs, may be used only with written permission from MODA Entertainment, Inc. and proper acknowledgement. All other trademarks, brands, and names are the property of their respective owners.
Except as expressly granted in this section (or to you specifically in writing), MODA Entertainment and its clients do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
You may not use the names, likenesses or biographical information of any individual posted on this Web page without written permission from MODA Entertainment Inc. or from the individual.
THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED "AS IS," AND MODA Entertainment EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. IN NO EVENT SHALL MODA ENTERTAINMENT OR ANY OWNER, OFFICER, EMPLOYEE, AGENT, SUCCESSOR OR ASSIGN THEREOF BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS.
Although MODA Entertainment has attempted to provide accurate information on this Web site as a service to its users, MODA Entertainment assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. MODA Entertainment may change the programs or products mentioned at any time without notice. Mention of non-MODA Entertainment products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. This site may contain indications of MODA Entertainment's current plans or intentions. MODA Entertainment does not guarantee that any feature or product mentioned in this site will be developed, produced, or produced in the form described.
Any claims relating to the materials or the Website will be governed by New York law, and you agree to exclusive personal jurisdiction and venue of the state or Federal courts located in New York, New York.
4. Waiver and Indemnity
5. Third-Party Statements on MODA Entertainment Web Site; Links
MODA Entertainment may, but is not obligated to, monitor or review statements made by third parties on the Website. Users or other third parties may post statements or information on some portions of the Website from time to time. MODA Entertainment makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such statements or information. MODA Entertainment expressly disclaims any liability for such third party statements under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. Also, at times this site may contain links to Websites maintained by other companies, individuals or agencies which are provided as a convenience to Website users. These linked sites are not under the control of MODA Entertainment, and MODA Entertainment is not responsible for the accuracy of information on such sites. MODA Entertainment does not monitor or review the content of such third party sites and therefore advises you that your access by link to third-party sites is at your own risk.
6. Applicable Laws
This Website originates from and is maintained in the United States of America, and MODA Entertainment makes no representations regarding the legality of access to or use of the site or the materials from other countries. Any export or use of the materials by a user must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use. Access in countries where the materials are illegal is prohibited. Users who access the Web Site from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws.
7. Limitations on Use
If MODA Entertainment makes a request to you to stop using material from the MODA Entertainment website and/or to promptly return or destroy any copies of the information provided on this Web site, you will comply immediately with this request and will confirm in writing to MODA Entertainment within ten (10) days that you have done so.
8. Additional Terms
Copyright © 1997- 2010 MODA Entertainment, Inc., MODA Productions LLC, LicenseBox, LLC, MODA Publishing LLC, PublicityBox LLC. All rights reserved.