Terms

TERMS OF USE
 
Myriad Pictures and its related and affiliated companies ("Myriad Pictures") welcome you to the Myriad Pictures website (the "Myriad Pictures Site"). Please read these Terms of Use carefully before using the Myriad Pictures Site. By accessing or using the Myriad Pictures Site, 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 Myriad Pictures Site.

DISCLAIMER OF WARRANITES AND LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE MYRIAD PICTURES SITE IS AT YOUR SOLE RISK.  THE SITE (INCLUDING WITHOUT LIMITATION, ALL CONTENT, LINKS, MESSAGES, PRODUCTS, SERVICES, DOWNLOADS AND OTHER MATERIALS CONTAINED ON AND/OR OBTAINED THROUGH THE SITE) ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MYRIAD PICTURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NEITHER MYRIAD PICTURES, NOR ITS AFFILIATED AND SUBSIDIARY COMPANIES, NOR THEIR RESPECTIVE VENDORS, AGENTS OR EMPLOYEES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THE MYRIAD PICTURES SITE WARRANT THAT THIS SITE (AND/OR THE MATERIALS CONATINED IN THE MYRIAD PICTURES WEBSITE) WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MYRIAD PICTURES MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE MYRIAD PICTURES SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND MYRIAD PICTURES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT OF THE MYRIAD PICTURES SITE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. 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 MYRIAD PICTURES, ITS AFFILIATED AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS, EMPLOYEES AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THE MYRIAD PICTURES 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 SITE OR FROM YOUR USE OF ANY ONLINE MATERIALS; (B) YOUR USE OR INABILITY TO USE OR ACCESS THE SITE; OR (C) DEFECTS, DELAYS IN OPERATION, TRANSMISSION FAILURE, OR OTHER FAILURE OF PERFORMANCE ON THE SITE 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. MYRIAD PICTURES MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE SITE WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATION ON LIABILITY SET OUT ABOVE.

 
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Myriad Pictures Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Myriad Pictures Site or third party content on the Myriad Pictures Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

 1. The Myriad Pictures Site is controlled and operated by Myriad Pictures Inc. All materials on the Myriad Pictures Site ("Materials"), including, without limitation, names, logos, trademarks, service marks, images, illustrations, audio clips, and video clips, are protected by copyrights and other
intellectual property rights owned and controlled by Myriad Pictures or by other parties that have licensed their material to Myriad Pictures. No 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 Myriad Pictures Site. Any unauthorized attempts to modify any Material, to defeat or circumvent our security features, or to utilize the Myriad Pictures Site for other than their intended purposes are prohibited.

2. We have provided links to related sites for your convenience ("Links"). We do not review or endorse Links in any way whether or not Myriad Pictures is affiliated with the sponsors of a site. We are not responsible for the content of Links or any off-site pages linked to the Myriad Pictures Site. You access such linked sites and off-site pages at your own risk. It is up to you to take precautions to ensure that such linked sites that you visit and the information you select on them are free of viruses, worms, trojan horses, and other items of a destructive nature. Visitors to any Links are urged and expected to abide by the Terms of Use and Privacy Policies of that particular Link.
 
3. You may only use the Myriad Pictures Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Myriad Pictures Site. 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 the Myriad Pictures Site 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 Myriad Pictures) or privately transmitted on or through the Myriad Pictures Site are the sole responsibility of the sender, not Myriad Pictures, and that you are responsible for all material you upload, post or otherwise transmit to or through the Myriad Pictures Site.

4. Any notes, message/bulletin board postings, ideas, suggestions, concepts, or other material submitted to us will become the property of Myriad Pictures and Myriad Pictures 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 Myriad Pictures Site any content, or act in any way, which in Myriad Pictures' opinion: may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening; may infringe any intellectual property or other right of any entity or person; may violate any applicable law or advocates illegal activity; advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity; includes programs which may contain viruses, worms, or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication; or disobeys any policy or regulation established from time to time regarding use of the Myriad Pictures Site.

5. We are not responsible for any material posted on any bulletin boards or chat areas conducted on the Myriad Pictures Site. We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to 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 the Myriad Pictures 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 Myriad Pictures Site.
 
6. Unless otherwise specified, the Materials are presented solely for the purpose of informing users, and for promoting programs, films, and other products. The Myriad Pictures Site is controlled and operated by Myriad Pictures from its offices in Santa Monica, CA. We make no representation that the Materials are appropriate or available for use in other locations outside the United States. Those who visit the Myriad Pictures Site
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.

7. In accordance with the Digital Millennium Copyright Act, Myriad Pictures has designated a Copyright Agent to receive notice of claims of copyright infringement with respect to Content on the Site. To notify Myriad Pictures of content on the Myriad Pictures Site that you believe infringes your rights, please provide the following information to the Myriad Pictures Copyright Agent:
(a) Your name, address, telephone number, and e-mail address;
(b) A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site;
(c) 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 Myriad Pictures to locate the material, such as the URL or a reasonable description of where the alleged infringing material is located;
(d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) A statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(f) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Myriad Pictures Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By e-mail: businessaffairs@myriadpictures.com (with subject "Copyright Complaints");

By postal mail:
Myriad Pictures
Attn: Business Affairs
3015 Main Street
90405 Santa Monica
(with subject "Copyright Complaints")

8. You agree to indemnify and hold harmless Myriad Pictures, its parent, affiliated and subsidiary entities, and the successors, licensees, assigns, officers and directors of each from and against any and all claims, demands,
losses and damages, liabilities, judgments, settlements, costs (including reasonable attorneys’ fees) or other expenses 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 Myriad Pictures' servers, and/or from any and all use of the Myriad Pictures Site.

9. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California and the federal laws of the United States applicable therein without regard to its provisions regarding conflicts of law. You agree to submit to the exclusive jurisdiction of the federal, provincial, and municipal 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 April 1, 2011.
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