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Terms of Service Agreement
1. YOUR ACCEPTANCE: By using and/or visiting this website (collectively,
including all content and functionality available through the WhoIsThisLuke.com
domain name the “we”, “us,” "Website"),
you signify your agreement to these terms and conditions. By accessing and
using the Website, you hereby agree to these Terms of Service. If you do not
agree to any of these terms, please do not use the WhoIsThisLuke.com Website.
2. EXPLANATION AND CHARGING POLICY: We are currently offering videos (“Webisodes”)
to our subscribers on our Website for voting purposes. Though we do not charge
a fee for accessing the videos, we do (1) ask users to make a contribution
to the Website via our Donations page, (2) allow users to make a to audition
for a role in the future, with no guarantee of a call back, by making a contribution
to the Website via our Donations page, and (3) offer viewers the opportunity
to vote for the next episode by either a standard Short Message Service (“SMS”)
texting option or a number to call, as provided on the Website, to submit
your vote. We reserve the right to add other content in the future. We intend
to allow blogging. The Website will use Paypal to accept donations and allow
users to vote for the next episode.
3. YOUR RIGHTS: WhoIsThisLuke.com grants you a non-exclusive, non-transferable,
limited right to access, use and display this Website and the materials provided
hereon, provided that you comply fully with these Terms of Service. The contents
of the Website are only for your use as a visitor of the Website. You agree
not to interrupt, or attempt to interrupt, the operation of the Website in
any way. The entire Website (“Site”) is open to all visitors.
We cannot vouch for the accuracy, quality or good sense of messages posted
on the Blogging Site because we do not claim to read and evaluate them all.
You must use your own common sense to judge, evaluate and decide about the
usefulness of what you read here.
4. COPYRIGHT AND TRADEMARKS: All materials on the Site, including, without
limitation, text, images, software, audio and video clips, databases, e-mails,
and posted comments (collectively, the "Content") are owned or controlled
by WhoIsThisLuke.com and/or its licensors, which retain all right, title,
and interest in and to the Content. Your posting of material on the Site or
providing material to WhoIsThisLuke.com (other than subject to an Agreement
with us) to use on the Site will be deemed a non-exclusive perpetual unrestricted
license by you to WhoIsThisLuke.com of the material, including the right to
reproduce, publish, distribute, perform, display, and transmit the material
and to prepare derivative works, and you waive all rights of attribution and
integrity with respect to the material. The Site and Content are protected
by the copyright and trademark laws of the United States and other countries,
international conventions, and other applicable laws.
Post only material that is yours; that is, post only material to which you
own the copyright or have the express written consent of the copyright holder.
Direct quotes from published materials may not be posted without the written
permission of the copyright holder. Material posted without permission of
the copyright holder will be removed if we learn of such posting without permission.
You may not download, display, reproduce, create derivative works from, transmit,
sell, distribute, or in any way exploit the Site or any portion thereof for
any public or commercial use without the express written permission of WhoIsThisLuke.com
Website.
Notwithstanding the above, you may print or download one copy of the materials
or content on this Site on any single computer for your personal, non-commercial
use, provided you keep intact all copyright and other proprietary notices.
Systematic retrieval of data or other content from this Site to create or
compile, directly or indirectly, a collection, compilation, database or directory
without written permission from WhoIsThisLuke.com Website is prohibited. In
addition, use of the content or materials for any purpose not expressly permitted
in these Terms of Use is prohibited. Your rights to use and make copies of
our Films are set forth in Clause 3 above.
You agree not to use any trademarks, service marks, names, logos, or other
identifiers of WhoIsThisLuke.com Website or its employees, licensors, independent
contractors, providers and affiliates (collectively, "Affiliates")
without the prior written permission of WhoIsThisLuke.com Website or the relevant
Affiliate. In addition, you may not use our trademarks:
1. in, as, or as part of, your own trademarks or those of any third parties;
2. to identify products or services that are not those of WhoIsThisLuke.com;
3. in a manner likely to cause confusion; or
4. in a manner that implies inaccurately that WhoIsThisLuke.com sponsors or
endorses or is otherwise connected with your own activities, products and
services or those of third parties.
5. FORMS: WhoIsThisLuke.com Website may make available to users of the Site,
e-mail notices, blogging services, newsletters, message boards, bulletin board
services or other interactive communication facilities by means of the Site
(such facilities collectively referred to herein as the "Forums").
WhoIsThisLuke.com Website cannot review all communications made on or through
the Site. However, WhoIsThisLuke.com Website reserves the right, but has no
obligation, to monitor the Forums and edit, modify or delete any materials
which WhoIsThisLuke.com Website in its sole discretion determines to violate
this Agreement or to be in any other way offensive or contrary to any WhoIsThisLuke.com
Website policy.
6. COMMUNICATING WITH THE SITE: We expect you to use only language appropriate
for general conversation, with no insulting, racist, obscene or sexually explicit
remarks.
You are solely responsible for the content of any transmissions you make to
the Site or any materials you add to the Site, including to any Forum (the
"Communications"). You shall not upload to, or distribute to, or
otherwise publish through the Forums any Communication which:
1. is for commercial purposes or otherwise advertises or solicits for the
sale of goods or services other than for WhoIsThisLuke.com Website goods and/or
WhoIsThisLuke.com Website services;
2. constitutes unauthorized or unsolicited advertising, chain letters, any
other form of unauthorized solicitation, or any form of lottery or gambling;
3. is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
4. constitutes or contains false or misleading indications of origin or statements
of fact;
5. slanders, libels or defames any person or entity;
6. causes injury of any kind to any person or entity;
7. infringes or violates the intellectual property rights, contract rights,
or any other rights of any third party;
8. violates any applicable laws, rules, or regulations; or
9. contains software viruses or any other malicious code designed to interrupt,
damage, destroy, or limit the functionality of any computer software or hardware
or telecommunications equipment or to damage or obtain unauthorized access
to any data or other information of any third party.
Furthermore, you acknowledge that conduct prohibited in connection with the Forums includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Site. WhoIsThisLuke.com Website and its Affiliates do not endorse or accept any Communications as its own or representative of its views. We reserve the right, though we do not have the obligation, to remove without notice any posting that we consider to be in violation of these Terms of Service, or to diminish the value of this online community. This includes postings which defame, insult or harass anyone, or that are in any way abusive.
7. PUBLIC COMMUNICATIONS: You acknowledge and agree that any communications made to or by means of any portion of the Site are public. You acknowledge that:
1. you have no expectation of privacy in any Communication and
2. no confidential, fiduciary, contractually implied or other relationship
is created between you and WhoIsThisLuke.com Website by reason of your transmitting
a communication to any area of the Site.
By transmitting any communication to the Site, you grant to WhoIsThisLuke.com Website a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, "moral rights," or any similar rights under any jurisdiction.
8. UNSOLICITED E-MAIL: You agree not to use the Forums or any other area
of the Site to send the same or substantially similar unsolicited electronic
mail messages, whether commercial or not, to a large number of recipients.
This prohibition includes sending unsolicited mass mailings from another Internet
service that in any way involves the use of the Site or any equipment owned
or operated by WhoIsThisLuke.com Website in connection with the Site. A message
is unsolicited if it is posted in violation of a USENET or newsgroup charter
and/or if it is sent to a recipient who has not requested or invited the message.
For purposes of this provision, merely making one's e-mail address accessible
to the public shall not constitute a request or invitation to receive messages.
9. INFORMATION PROVIDED: You acknowledge that any reliance upon any advice,
opinion, statement, or other information displayed or distributed through
the Site is at your sole risk. WhoIsThisLuke.com Website reserves the right,
in its sole discretion and without notice, to correct any errors or omissions
in any portion of the Site, or to deny access to the Site to anyone at any
time. You acknowledge and agree that WhoIsThisLuke.com Website is not responsible
for any materials posted by users of the Site. Prior to making any decisions
based on information posted on the Site, you are advised to verify the information.
Neither WhoIsThisLuke.com Website nor its Affiliates shall have any liability
arising from your acts or decisions based upon the information provided on
the Site.
10. LINKS TO OTHER SITES: The Site may contain links and pointers to other
sites on the Internet that may be maintained by third parties. Such links
do not constitute an endorsement by WhoIsThisLuke.com Website of any third-party
site or any materials contained therein. WhoIsThisLuke.com Website does not
control, and is not responsible for, the availability, accuracy, or currency
of such third-party sites or any information, content, products or services
accessible from such third-party sites.
11. AGE RESTRICTIONS: You represent and warrant to WhoIsThisLuke.com Website
that you are at least eighteen (18) years old and that you possess the legal
right and ability to enter into this Agreement and to use the Site in accordance
with this Agreement.
12. INDEMNIFICATION: You hereby agree to indemnify, defend and hold harmless
WhoIsThisLuke.com Website from and against any and all liability and costs
incurred by WhoIsThisLuke.com Website in connection with any claim arising
out of any breach or alleged breach of any of your obligations set forth herein.
You shall cooperate as fully as reasonably required in the defense of any
claim. WhoIsThisLuke.com Website reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any matter without
the written consent of WhoIsThisLuke.com Website.
13. DIGITAL MILLENIUM COPYRIGHT ACT:
1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing WhoIsThisLuke.com Website with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site;
3. Identification 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
you, such as an address, telephone number, and, if available, an electronic
mail;
5. A statement that you have 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; and
6. A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
WhoIsThisLuke.com Website’s designated Copyright Agent to receive notifications of claimed infringement is Marc Burgess and he can be reached at info@whoisthisluke.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
2. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access
has been disabled and the location at which the content appeared before it
was removed or disabled;
3. A statement that you have a good faith belief that the content was removed
or disabled as a result of mistake or a misidentification of the content;
and
4. Your name, address, telephone number, and e-mail address, a statement that
you consent to the jurisdiction of the federal court in San Francisco, California,
and a statement that you will accept service of process from the person who
provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, WhoIsThisLuke.com Website may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at WhoIsThisLuke.com Website’s sole discretion.
14. DISCLAIMER OF WARRANTY: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE
(INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION
MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW,WHOISTHISLUKE.COM WEBSITE MAKE NO
WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY WHOISTHISLUKE.COM WEBSITE. WHOISTHISLUKE.COM
WEBSITE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT
THE SITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY,
OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEVERTHELESS, WHOISTHISLUKE.COM
WEBSITE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SITE FREE
OF VIRUSES, WORMS, TROJAN HORSES, AND ACTIVEX MALICIOUS CODE.
15. LIMITATION OF LIABILITY: USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME
FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR
USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING,
WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE
SITE. UNDER NO CIRCUMSTANCES SHALL WHOISTHISLUKE.COM WEBSITE, OR ANY PROVIDER
OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR WHOISTHISLUKE.COM WEBSITE, BE
LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT
ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE,
THE SITE OR FEE-BASED SERVICES, EVEN IF WHOISTHISLUKE.COM WEBSITE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF WHOISTHISLUKE.COM
WEBSITE IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS
AND USE OF THE SITE. YOU HEREBY RELEASE WHOISTHISLUKE.COM WEBSITE AND THE
AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS
OF THIS LIMITATION.
16. TERMINATION: In addition to any other rights of the parties set forth
herein, either you or WhoIsThisLuke.com Website may cancel or terminate your
access to the Site. WhoIsThisLuke.com Website also reserves the right to restrict,
suspend or terminate your access to the Site in whole or in part, without
notice, with respect to any breach or threatened breach of any portion of
these Terms of Service. If WhoIsThisLuke.com Website terminates these Terms
of Service based on a breach of any portion of these Terms of Service, WhoIsThisLuke.com
Website reserves the right to refuse to provide use and/or access to any Services
to you in the future. You acknowledge that WhoIsThisLuke.com Website shall
not be liable to you or any third party for any termination of your access
to this Site.
17. MODIFICATIONS:
1. To the Agreement: WhoIsThisLuke.com Website has the right to modify these Terms of Service and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to these Terms of Service shall be conclusively deemed an acceptance of any and all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of WhoIsThisLuke.com Website in providing the Site, including without limitation:
1. any change in the Content, or
2. any change in the amount or type of fees associated with the use or access
of the Site, is to cancel your subscription in accordance with the subscription
help instructions.
2. To the Site: WhoIsThisLuke.com Website has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site. WhoIsThisLuke.com Website may also impose limits on certain features and services or restrict your access to parts or all of the WhoIsThisLuke.com Website Site without notice or liability. We do not change your message, but we may edit or move it and/or edit its title in the interest of clarity and coherence of the ongoing conversation.
18. VIOLATIONS: If you see a message that you believe violates these Terms
of Service, please notify us at info@whoisthisluke.com.
If you believe that your work has been copied and is accessible on this Site
in a way that constitutes copyright infringement, you may notify WhoIsThisLuke.com
Website at info@whoisthisluke.com.
19. GENERAL: These Terms of Service constitute the entire agreement between you and WhoIsThisLuke.com Website with respect to the Site and supersede all prior agreements between you and WhoIsThisLuke.com Website with respect to the Site. Failure by WhoIsThisLuke.com Website to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Please do not suggest or encourage illegal activity. (WhoIsThisLuke.com Website, Inc. will cooperate with law enforcement officials as appropriate.) Interpretation and enforcement of these Terms of Service shall be governed by the laws of the state of New York (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal and state courts of New York for any action arising out of or relating to your use of the Site. The federal and state courts of New York shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of these Terms of Service is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. YOU AND WhoIsThisLuke.com Website AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE YOUTUBE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.