Terms of Use

Terms of Use

Read these Terms of Use carefully before using any of the Web sites operated by Midnight Vulture Productions INC (“MVP Sites”). By accessing, using or visiting the MVP Sites, you agree to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use the MVP Sites. By visiting this site you also agree to the terms in our Privacy Policy. We reserve the right, at our option, to modify, add, or remove any portions of these terms at any time. Check these terms periodically for changes. It is hereby understood and agreed by you that your continued use of this MVP Site following the posting of changes to these terms will mean you accept those changes.
Links to Other Websites
From time to time, MVP provides links to related sites for your convenience (“Linked Sites”). We do not review or endorse Linked Sites in any way whether or not MVP is affiliated with the sponsors of a site. We are not responsible for the content of Linked Sites or any off-site pages linked to the MVP Sites. You assume all risk to such linked sites and off-site pages. You should take precautions to ensure that linked sites that you visit and the information you select on them are free of viruses, worms, vermin, trojan horses, and other items of a destructive nature. Visitors to any Linked Sites are urged and expected to abide by the Terms of Use and Privacy Policies of that particular Linked Site.
Trademarks, Copyrights, and Restrictions
The MVP Sites are controlled and operated by Midnight Vulture Productions INC(“MVP,” “we,” “us,” or “our”) If you wish to contact us, you may e-mail info@thomasiannicholas.com. The MVP Sites were created to be both helpful and entertaining. All content and materials on the MVP Sites (“MVP Materials”), including, without limitation, names, logos, trademarks, service marks, trade names, images, illustrations, audio clips, and video clips, are protected by copyrights and other intellectual property rights owned and controlled by MVP or by other parties that have licensed their material to MVP. You may download and retain only a single copy of the MVP Materials, solely for your personal, non-commercial home use, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no changes or modifications to the content or materials, (c) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (d) you do not download quantities of materials to a database that can be used to avoid future downloads from any MVP Site. No MVP Material may be copied, reproduced, republished, modified, uploaded, posted, transmitted, distributed in any way, or otherwise used for any purpose without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the contents on the MVP Sites. Any unauthorized attempts to modify any MVP Material, to defeat or circumvent our security features, or to utilize the MVP Sites for other than their intended purposes are prohibited.
Submissions to MVP
You may only use MVP Sites and their contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through MVP Sites. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to MVP Sites is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by MVP) or privately transmitted on or through MVP Sites are the sole responsibility of the sender, not MVP, and that you are responsible for all material you upload, post or otherwise transmit to or through MVP Sites.
Any notes or message board postings, concepts, ideas, suggestions, or other material submitted to us will become the property of MVP and MVP shall be entitled to use such material for any type of use forever, including in any media whether now known or hereafter devised. You agree that any submission you make to us is original with you and accurate. You agree that you will not submit or otherwise publish through the MVP Sites any content, or act in any way, which in MVP’s opinion:
(1) may constitute libel, defamation of a person or entity, invasion of personal privacy, or is obscene, graphic, pornographic, abusive, or threatening in any manner;
(2) may infringe any intellectual property or other right of any entity or person;
(3) may violate any applicable law or promotes illegal activity;
(4) advertises or otherwise solicits funds or is a solicitation for goods, services, or otherwise engages in commercial activity;
(5) act in a way which affects the ability of other people to engage in real time activities via MVP Sites;
(6) includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the performance of any computer software or hardware or telecommunication device;
(7) includes MP3 format files;
(9) disregards any policy or term established from time to time regarding use of MVP Sites or any networks connected to MVP Sites; or
(9) contains links to other sites that may contain the type of content described in (1) to (8) above.

We are not responsible for any material posted on the message boards or in the chat areas conducted on the MVP Sites. We will cooperate with any law enforcement authorities and comply with any judicial order requesting or requesting that we disclose the identity of anyone posting materials in violation of any applicable federal, state, or local laws. We reserve the right in our sole discretion to remove or disable access to any material posted on or to our site, including without limitation material posted by you to an MVP Site message board or chat room if we believe that material violates any of the above policies or infringes any intellectual property rights. Furthermore, if we believe in our sole discretion that you have violated any of the terms of these Terms of Use, including specifically but without limitation by posting or providing links to material which infringes intellectual property rights, we reserve the right to terminate your access to the MVP Sites.

Applicability of MVP Materials
Unless otherwise stated, the MVP Materials and Content are presented solely for the purpose of Entertaining users of this site in the United States and its territories, and for promoting programs, films, and other products. The MVP Sites are controlled and operated by MVP from its offices within the State of California. We make no warranty or representation that the MVP Materials are appropriate or available for use in other locations outside the United States. Those who visit the MVP Sites from other locations do so on their own initiative and are responsible for compliance with all applicable local laws. You specifically agree to comply with all applicable laws, including without limitation those concerning the transmission of technical data exported from the United States or the country in which you reside.

DISCLAIMER OF WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE MVP SITES, THE MVP MATERIALS, AND ANY PRODUCTS OR SERVICES PURCHASED ON THE MVP SITES IS AT YOUR SOLE RISK. ALL MVP MATERIALS AND THE PRODUCTS AND SERVICES OFFERED ON THE MVP SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MVP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER MVP, NOR ITS AFFILIATED AND SUBSIDIARY COMPANIES, NOR THEIR RESPECTIVE VENDORS, AGENTS OR EMPLOYEES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF MVP’S WEB SITES WARRANT THAT THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MVP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU MAY READ ON MVP’S WEB SITES IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. MVP DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL IN MVP’S WEB SITES OR LINKED SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MVP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN MVP SITES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND MVP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT OF MVP SITES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING DISCLAIMER, YOU EXPRESSLY AGREE THAT MVP, ITS AFFILIATED AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS, EMPLOYEES, AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF MVP’S WEB SITE SHALL NOT BE LIABLE FOR: (A) ANY CLAIMS, LIABILITY, OR DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES RESULTING FROM YOUR PURCHASE OF ANY PRODUCT OR SERVICES ON THE MVP SITES OR FROM YOUR USE OF ANY MVP MATERIALS; (B) YOUR USE OR INABILITY TO USE OR ACCESS THE MVP SITES; OR (C) DEFECTS, DELAYS IN OPERATION, TRANSMISSION FAILURE, OR OTHER FAILURE OF PERFORMANCE ON THE MVP SITES OR THE INTERNET. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT ENDORSE ANY MATERIAL, INFORMATION OR OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON THE BULLETIN BOARDS, IN THE CHAT AREAS OR OTHER FORUMS CONDUCTED ON THE MVP SITES (“FORUMS”) AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH MATERIAL, INFORMATION OR OPINIONS. WE DO NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF MVP. MVP MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF ANY MVP SITE OR THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATION ON LIABILITY SET OUT ABOVE.

Indemnification
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You will indemnify and hold harmless MVP, its affiliates, successors, licensees, licensors, information providers, owners, managers, agents, assigns, officers and directors harmless from and against any and all claims, losses and damages (including reasonable attorney’s fees) constituting and arising out of a breach of any of the provisions of these Terms of Use, including without limitation from your placement or transmission of any content onto MVP’s servers, and/or from any and all use of any MVP Sites. 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.

LIMITATION OF LIABILITY
UNDER 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 MVP 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 MVP SITE.

TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all MVP Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Your access to any and all MVP Sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the MVP Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these terms or otherwise.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to its provisions regarding conflicts of law. You agree to submit to the exclusive jurisdiction of the federal, state, and local courts located within the State of California. If any provision of these Terms of Use is unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. These Terms of Use set forth the entire agreement regarding all of the matters discussed herein. Because these Terms of Use are subject to change and you will be legally bound by such changes, you should periodically visit this section to review the current Terms of Use. We reserve the right to terminate this agreement at any time without notice for any reason. These Terms of Use were last updated on September 22nd, 2011.

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