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ACCEPTANCE
OF TERMS THROUGH USE
USE OF THIS SITE AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH
THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION
CAREFULLY. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND
BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS, PROMPTLY EXIT THIS SITE.
Overview.
This Web site ("Site") contains pages and materials made available
for download and viewing by Rob Hagey Productions, Inc. ("STREET SCENE"),
by individual users of the Site, and by advertisers, sponsors and other content
contributors ("Content Contributors"). Portions of the Site authored
by STREET SCENE or its authorized agents, contractors, and employees are referred
to herein as "STREET SCENE Materials." Portions of the Site authored
by other contributors are referred to herein as "Third Party Materials."
Use
of STREET SCENE Materials.
All STREET SCENE Materials on the Site are protected by federal and international
copyright and trademark laws and are the property of Rob Hagey Producitions
Inc. and/or its affiliates. No portion of the STREET SCENE Materials may be
reprinted, republished, modified, reproduced, or distributed in any form without
the express written permission of Rob Hagey Productions Inc.
You may view or download STREET SCENE Materials for your own personal, non-commercial
use. You may not remove any proprietary notices, including copyright notices,
contained on any downloaded STREET SCENE Materials and you shall comply with
any applicable end-user license agreements. With respect to STREET SCENE Materials,
any rights not expressly granted by these Terms and Conditions or any applicable
end user license agreements are reserved by Rob Hagey Productions Inc.
Accuracy
of STREET SCENE Materials.
Although STREET SCENE attempts to ensure the integrity and accuracy of STREET
SCENE Materials, it makes no guarantees whatsoever as to their correctness or
accuracy. It is possible that the STREET SCENE Materials could include inaccuracies
or errors, and that unauthorized additions, deletions and alterations could
be made to these materials by third parties. In the event that an inaccuracy
arises, please inform STREET SCENE at (info@street-scene.com) so that it can
be corrected. Information contained on the Site may be changed or updated without
notice.
Warranty
Disclaimer.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN OR ANY SITE-RELATED
SERVICE, IS PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED
SERVICES, AND ANY LINKED WEB SITES.
UNDER NO CIRCUMSTANCES SHALL STREET SCENE, ITS AFFILIATES AND ITS SPONSORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE,
SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED HEREIN, OR ANY LINKED
WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES,
CONTENT OR INFORMATION CONTAINED HEREIN, OR LINKED WEB SITES IS TO STOP USING
THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION, OR LINKED WEB SITES.
Indemnification.
Upon request of STREET SCENE, you agree to defend, indemnify and hold harmless
STREET SCENE, Rob Hagey Productions Inc., its directors, officers, employees,
subsidiaries, affiliates, sponsors and licensors from all liabilities, claims
and expense, including attorney's fees, that arise from or relate to your use
or misuse of this Site or of information derived from this Site or any breach
of these Terms and Conditions of Use. STREET SCENE and Rob Hagey Productions
Inc. reserve the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which
event you will cooperate with STREET SCENE or Rob Hagey Productions Inc. in
asserting any available defenses.
Trademark
Notice.
The marks "STREET SCENE," and affiliated logos are trademarks of Rob
Hagey Productions, Inc. and Rob Hagey Productions, Inc. reserves all rights
to these marks. Some of the marks used on this site are owned by third parties
and Rob Hagey Productions, Inc. makes no claim of ownership to these marks.
Infringement.
It is STREET SCENE's policy to respect the intellectual property of others and
to respond quickly to notices of alleged infringement. STREET SCENE may terminate
the access of all users who repeatedly infringe the intellectual property rights
of others. Likewise, any apparent infringement of STREET SCENE's intellectual
property rights by one of its users will result in the immediate termination
of that user's access to the Site.
As provided in the Digital Millennium Copyright Act of 1998, STREET SCENE has
designated the following individual for notification of potential copyright
infringement regarding Member Materials and Third Party Materials on this Site:
STREET SCENE
PO Box 2671
La Jolla,CA 92038
info@street-scene.com
STREET SCENE makes no representations whatsoever about any other Web site that
you may access though this Site. When you access a non-STREET SCENE Web site,
please understand that it is independent from STREET SCENE, and that STREET
SCENE has no control over the content on that Web site. In addition, a hyperlink
to a non-STREET SCENE Web site does not mean that STREET SCENE endorses or accepts
any responsibility for the content, or the use, of the linked site. It is up
to you to take precautions to ensure that whatever you select for your use or
download from that site is free of such items as viruses, worms, Trojan horses,
and other items of a destructive nature, and that such use or download complies
with copyright and other applicable laws.
Choice of Law and Venue.
These Terms and Conditions are entered into in the State of California, U.S.A.,
and shall be governed by and construed in accordance with the laws of the State
of California, U.S.A., exclusive of its choice of law rules. Each party to these
Terms and Conditions submits to the exclusive jurisdiction of the state and
federal courts sitting in the County of San Diego in the State of California,
U.S.A., and waives any jurisdictional, venue, or inconvenient forum objections
to such courts. In any action to enforce these Terms and Conditions, the prevailing
party will be entitled to costs and attorneys fees. In the event that any of
the Terms and Conditions are held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provisions shall be limited or eliminated
to the minimum extent necessary so that these Terms and Conditions shall otherwise
remain in full force and effect.