Welcome to www.tontinemassacre.com (the “Website”) operated by TONTINE Productions, LLC (“we,” “us” or “our”). By using this Website, you agree to be bound by all of the terms of these terms of use (the “Terms of Use”).
Please read these Terms of Use before using this Website. By continuing to use and/or access the Website, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. Please exit the Website immediately if you do not accept these Terms of Use, or are accessing the Website in a country or other territory where use of the Website is not permitted.
We reserve the right to modify these Terms of Use and/or the Website at any time. We may provide notices of changes to these Terms of Use or other matters by posting conspicuous notices or links to notices to you generally on Website. Your continued use of the Website following the posting of conspicuous notice of any change or modification to these Terms of Use will be subject to the Terms of Use in effect at the time of your use. You agree to review the Terms of Use periodically. Your continued use of the Website following the posting of conspicuous notice of any modification will be your acceptance of the modified Terms of Use.
Description of Service
We grant you a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify any portion of the Website, except as specifically authorized on the Website or otherwise with our express written consent. This license does not include any resale or commercial use of the Website, or the contents of the Website; any derivative use of the Website and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by us; or any use of data mining, robots, or similar data gathering and extraction services. The Website and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
CONTENT SUBMISSIONS
Certain portions of the Website allow you to post or upload comments, materials, information, or other content (collectively, “User Generated Content”). We do not have any obligation to review the User Generated Content posted and/or submitted by users accessing the Website, and you agree that we are not in any manner responsible for User Generated Content, that we do not guarantee the accuracy, integrity or quality of User Generated Content, and that we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily ours.
Notwithstanding the foregoing, you acknowledge and agree that we have the absolute right to monitor User Generated Content posted to the Website in our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.
Your User Generated Content is not confidential or proprietary. You grant to us a non-exclusive, non-revocable, worldwide, perpetual right to use your User Generated Content in any manner or media now or later known without limitation including but not limited to the right to sublicense and assign and commercialize without any compensation due to you.
Any use of any content on this website, including, without limitation, User Generated Content will be at your own risk.
You may not post or otherwise distribute content to the Website which we in our sole discretion determine to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of ours, illegal, or otherwise objectionable to us. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to the Website. You shall indemnify and hold us harmless with respect to all claims resulting from User Generated Content you supply
COMMENTS GUIDELINES
The Website is a place to share your thoughts and opinions. When leaving comments on the Website, please respect the rights of fellow community members by observing the following guidelines:
* Do not post comments that are irrelevant to the issues and ideas being discussed directly on the Website.
* Do not post content that can be construed as threatening, harassing, defamatory, or libelous.
* Do not make statements that are intentionally false or misleading in nature.
* Do not solicit offers to buy or sell products/services or otherwise attempt to engage in commercial transactions.
* Do not post content that infringes on copyrights or trademarks.
* Do not post information that you know to be confidential, sensitive or proprietary in nature.
We accept no responsibility for information posted in any comments. If we determine or receive notice that a comment is not in keeping with these Terms of Use or the intended use of the comments, we reserve the right to remove that comment immediately. The removal of any comment shall be solely at our discretion.
Please note that once you post a comment to the Website, it becomes part of the public dialogue. As a matter of policy, we will not remove a user’s comments unless they are in direct violation of the Terms of Use.
OWNERSHIP
All materials on the Website, including, without limitation, text, graphics, trademarks, logos, audio clips, data compilations, posts, listings, images, illustrations (collectively, the “Content”) are protected by copyright or other intellectual property laws and owned or controlled by us or our licensors. The compilation of all Content on the Website is our exclusive property and is protected by copyright law.
Except as expressly provided in “Description of Service” above, your use of and access to the Website does not grant you any license or right to use any of our trademarks, trade names or copyrights.
The appearance of or reference to any third party name, trademark, and/or logo in any content on the Website does not suggest such party’s authorization, approval, or endorsement of us, the Website, or any other party. All such third party names, trademarks, and/or logos are owned by the respective third party.
LINKS
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such site or resource.
INDEMNIFICATION
You agree to indemnify and hold us, our representatives, agents, affiliates, and subsidiaries harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your violation of these Terms of Use, or your violation of any rights of another person or entity.
DISCLAIMER OF WARRANTY
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE DO NOT WARRANT THAT THE WEBSITE AND/OR ITS SERVERS, OR E- MAIL SENT FROM US OR THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF THE WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iv) ANY OTHER MATTER RELATING TO US.
IF DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S.$100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
