TERMS
& CONDITIONS (T&C)
If you do not agree to the T&C please do
not proceed! Your use of the site is also
your acceptance of these terms.
Updated: September 21st, 2010
These are the Terms & Conditions you need
to know before using this site, our mirror site(s), antcomic.com, ant.tv
or any site(s) (“WEBSITE or SITES”) owned and/or operated by
(“ATMS, INC.”) its assignees, shareholders, and/or trustees duly
authorized by ATMS, INC. A list of
sites governed by these T&C may be obtained by clicking the Terms and
conditions link at the top or bottom of the main page of the site or by
contacting us and requesting one at the address below.
By Mail:
Attn: Complete
Site List Request
c/o ATMS, Inc.
843 S. Broadway Suite 608S
Los Angeles, CA 90014
By E-mail: inthebizu@aol.com
ACCEPTANCE OF
T&C THROUGH USE
By using the WEBSITE or SITES you signify your agreement to all of these
legally binding terms, conditions and notices (the “T&C”). If
you do not agree to the T&C please do not use WEBSITE or SITES or any
portion of it, as your use of WEBSITE or SITES constitutes your acceptance of
the T&C. We reserve the right, at our discretion, to revise the T&C at
any time. Any such revisions will be effective immediately upon being posted on
WEBSITE or SITES. Please periodically check the T&C for changes and
revisions, because your continued use of WEBSITE or SITES following the posting
of any changes to the T&C constitutes your acceptance of those changes. If
we change the T&C, we may change the date the T&C was last updated at
the top of the T&C, but you will be bound by the revised T&C whether or
not we update the date the T&C was last updated if you continue to use
WEBSITE or SITES. Please note that our Privacy Policy is a part of, and hereby
incorporated into, the T&C, so please make sure that you read the Privacy
Policy as it contains information you should know. By agreeing to the T&C,
you are also agreeing to our Privacy Policy.
PROPRIETARY RIGHTS
ATMS, INC., our
content partners, providers, and our users who lawfully post messages, prose,
text, information, software, images, audio and video (“Content”) on
WEBSITE or SITES own the rights to that Content. The Content is protected by
international treaties, and by copyright, trademark rights, patent laws, and
other proprietary rights. For example, Advanced Technology Media Systems, Inc.,
is (“ATMS, INC.”), the owner of WEBSITE or SITES, owns a copyright
in the selection, organization, arrangement, and enhancement of the Content, as
well as in our original Content. (As used in the T&C, references to
“WEBSITE, SITES, ANT, ANT.TV, US,
WE, OUR, ATMS, INC., ASSIGNEES, SHAREHOLDERS or antcomic.com”
refer to us and/or the WEBSITE or SITES and may be used interchangeably or
individually. The look, feel,
design, audio, cues, sounds, flashes, embeds, and any color combinations, button
shapes, pixel denomination, stroke, bleed, and other graphical elements on
WEBSITE or SITES are also owned by ATMS, INC. Additionally, we have exclusive
trademark rights in the WEBSITE or SITES name and/or logo as well as certain
other logos, design elements, hidden elements and other features on the Web
site.
LIMITED LICENSE TO USE WEBSITE OR SITES
You may use
WEBSITE or SITES and the Content offered on WEBSITE or SITES only for personal, non-commercial
purposes. You may use Content offered
for downloading, such as photos and music, for your private personal use only
and subject to the rules that may accompany any particular Content. You may not
use any Content in a manner that exceeds the rights granted you for use of the
Content. You may print or download ONE copy of the WEBSITE Content on any single computer for
your private personal, non-commercial use, provided you keep intact all
copyright and other proprietary notices and your use download or copy of
WEBSITE or SITES in any manner or fashion, even if you didn’t enter
WEBSITE or SITES thru conventional or accepted methods to acquire content,
constitutes your acceptance of the T&C. Your use or ability to download or
access WEBSITE or SITES may be limited, suspended or revoked by us at anytime
for any reason.
BREACH ; COST AND FEES; DAMAGES & LIABILITY
EXCEPT AS
OTHERWISE PERMITTED IN THE T&C, DOWNLOADING, COPING, CROPPING,
PHOTOGRAPHING, HOT-LINKING, EMBEDDING, OR CAUSING ANY TRANSFER OF INFORMATION
TANGIBLE OR NON FOR ANY PURPOSE OTHER THAN THE ONE COPY EXPRESSED IN LIMITED LICENSE
TO USE IN THE ABOVE PARAGRAPH IS STRICTLY
PROHIBITED.
YOU FURTHER AGREE TO IMMEDIATELY DESTROY OR RETURN TO WEBSITE OR SITES
OWNER ALL COPIES, ORIGINALS, DUPLICATIONS, FAXES, TRANSMISSIONS, OR BY ANY
OTHER PROCESS OR METHODS EITHER KNOWN OR UNKNOWN OR BECOMES KNOWN IN THE
FUTURE THAT EFFECTS COPY, CLONE
AND/OR SIMILE IN YOUR POSSESSION TO ATMS, INC., ITS ASSIGNEES OR SHAREHOLDERS.
ANY LOGGING,
DOWNLOADING, SIFTING, SORTING, MERGING, COMPILING, CLIPPING, BUILDING,
TRANS-CODING, BOLTING, EGG OR BOT DROPS, SYNCING, DENIAL OF SERVICE REQUESTING,
FTP, WEBCAM USAGE, TELEXING, TELNET, MAGNETIZING, BURYING, SIGNING, ASSIGNING,
WRENCHING, CARDING, ADJUSTING, SNOOPING, SCHEMING, SOURCE COPYING WHETHER
INTENTIONAL OR UNINTENTIONAL, PHOTOCOPYING, CODING, RECODING, REVERSING,
STOPPING, ENDING, CANCELING, AFFECTING, HEATING, COOLING, MIRROR TRANSMITTING
AND/OR EFFECTING SOURCE MATERIALS TO OR TO CAUSE SOURCE MATERIAL TO BE LOCATED
AT OR IN OR ON AN AREA, RACK, SERVER, COMPUTER, DESK, HOUSE, GARAGE, AIRCRAFT,
MOTORBOAT, BRIEFCASE, OR ANY SPACE NOT INTENDED BY ATMS INC, IS STRICTLY PROHIBITED. ANYTHING IN
YOUR POSSESSION FROM OUR WEBSITE OR SITES NOT EXPRESSLY PERMITTED IN T&C SHALL
CONSTITUTE YOUR AGREEMENT OF T&C AND A COMPLETE UNDERSTANDING THAT THEY
SHALL BE DEEMED ILLEGALLY OBTAINED IN THE FURTHERANCE OF A CRIME.
YOU FURTHER AGREE
THAT YOUR PARTICIPATION, EITHER DIRECT OR INDIRECT, OF OR IN ANY ACT, BREACH,
TORTE OR ACTION PROHIBITED IN THE T&C SHALL CAUSE YOU TO BEAR ALL COSTS
AND/OR FEES OF ANY KIND AND WITHOUT MAXIMUM LIMIT(S) BY ATMS, INC. ITS
ASSIGNEES OR ITS SHAREHOLDERS AS AN INFRINGER OR AS A CONTRIBUTORY INFRINGER.
YOU FURTHER AGREE TO WAIVE ALL RIGHTS TO FEE WAIVERS, REDUCTION OF FEES, OR
REQUESTS FOR VACATION OF FEES. YOU FURTHER AGREE THAT YOU WILL NOT THROUGH ANY
MEANS ASSESS ANY FEE(S) AND/OR COSTS OF ANY KIND IN ANY FORM THAT PURPORTS TO
LIEN, TAX, LEVY, CHARGE, GARNISH, ASSESS, DEMAND, TRANSFER, TOLL OR BILL THAT
YOU MAY INCUR FROM ANY PROCEEDINGS RELATING TO ANY USE, CAUSE OF ACTION, OR
JUDGMENT FROM YOUR USE OF WEBSITE OR SITES TO ATMS, INC OR ITS ASSIGNEES OR
SHAREHOLDERS. IF COSTS OR FEES IN
ANY FORM BE ASSESSED, TRANSFERRED OR LEVIED AGAINST ATMS, INC., ITS ASSIGNEES
AND/OR SHAREHOLDERS, YOU UNEQUIVOCALLY
AGREE TO BEAR THE BURDEN OF SUCH COSTS OR FEES.
AS ALSO STATED IN
MULTIPLE INSTANCES IN THE T&C, AT NO TIME WILL YOU
DEMAND OR REQUEST THAT ANY FEES OR COSTS IN ANY FORM, AS A RESULT OF OUR ENFORCEMENT OF THE T&C, BE REDUCED OR VACATED. PROHIBITED ACTS AS DESCRIBED IN T&C OCCURRING
EITHER IN THE PRESENT OR IN THE PAST SHALL BE GOVERNED BY THE MOST RECENT
T&C. YOU RELEASE ATMS,
INC., ITS ASSIGNEES AND SHAREHOLDERS FROM ANY AND ALL LIABILITY ARISING FROM
ANY CLAIM OR CAUSE OF ACTION BY YOU, THROUGH ANY COURT, MAGISTRATE, ARBITRATOR
OR AUTHORITY, SEEKING ANY REMEDY OF ANY KIND. YOU SHALL NOT ATTEMPT TO LIMIT OUR
RIGHTS UNDER THE T&C OR ANY PART OF T&C, EXCEPT AS SUCH PART OR PORTION
IS UNENFORCEABLE UNDER THE LAWS OF YOUR STATE. IF SUCH LAWS OF YOUR STATE MAKE
ANY PART OR CONDITION OF THE T&C UNENFORCEABLE, ALL OTHER PARTS AND
CONDITIONS OF THE T&C SHALL REMAIN IN FULL FORCE AND EFFECT.
YOU MAY NOT USE
ANY DATA MINING SOFTWARE, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION
TOOLS ON THE CONTENT, FRAME ANY PORTION OF WEBSITE OR SITES OR THE CONTENT, OR
REPRODUCE, REPRINT, COPY, STORE, PUBLICLY DISPLAY, BROADCAST, TRANSMIT, MODIFY,
TRANSLATE, PORT, PUBLISH, SUBLICENSE, ASSIGN, TRANSFER, SELL, LOAN, OR
OTHERWISE DISTRIBUTE THE CONTENT WITHOUT OUR PRIOR
WRITTEN CONSENT. YOU MAY NOT CIRCUMVENT, REVERSE
ENGINEER, OR CAUSE ANY MECHANISMS INCLUDED IN THE CONTENT OR WEBSITE OR SITES
FOR PREVENTING THE UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE CONTENT.
You may view,
submit questions and/or comment in designated areas of WEBSITE or SITES. You
agree to follow these guidelines whenever using WEBSITE or SITES:
1.
This Web site is open to the
public, and as such any information you post can be read, collected, copied,
spread, forwarded, appended to, researched, reviewed etc.. By anyone either
known or unknown to us. Before
including or posting any personally identifying information please know that
you do so AT YOUR OWN RISK OR PERIL. Comments containing any text or imagery
that is prurient, titillating, obscene, immoral, illegal, privately held in
trust, or seeks to harm another.
You must never include anything in a comment that you would like to keep
private. For personal safety reasons, you must never include any personal
information (e.g., full name, address, phone number, etc.) about you or anyone
else. Please note that any personal information you do post to any public area
of WEBSITE or SITES will be public, and we do not necessarily monitor or remove
such information.
2.
WEBSITE or SITES reserves the
right to do as it wishes with any submitted comments, including deleting,
editing, copying, creating derivative works based on, distributing and
publishing them - forever in any media anywhere and in perpetuity.
3.
Disagreement and respectful
differences of opinion are welcome. Hate speech, name calling, obscenity,
vulgarity and defamatory comments are not. “Quoting” from the
comments or postings of others (when credited or cited) for comment or
criticism is allowed. Posting the
works of others and passing it off as your own is stealing and ABSOLUTLEY NOT
permitted. You are responsible for your conduct at all times and for obtaining
all the necessary permissions to post any third party content, text, graphics,
audio or video clips and anything claimed by you as original that may be in a
submitted comment.
4. You may share links to your own Web site or blog in our
link submission area. Links to
sites that contain inappropriate content that would not be permissible under
the T&C will be removed and your access may be removed at our discretion for
posting material that violates our T&C..
ADDITIONAL RULES
AND COMMUNICATIONS FEATURES TERMS
Certain areas of
WEBSITE or SITES, may allow you to post Content, such as pictures, videos,
music, written materials, etc., that can be accessed and viewed by the public
in general (“Public Forum”). You may only post Content that you
have fully created or that you have express permission to
post from the copyright or trademark owner to Public
Forums. You may not post Content that violates the T&C or our Privacy
Policy.
You agree that
WEBSITE or SITES is not responsible or liable for Content that is provided by
users or other third parties. We do not pre-screen Users or Content, but we
retain all rights to edit or refuse to post any submitted Content. We reserve
the right to remove Content for any reason and are not responsible for any
failure or delay in removing any such material.
By submitting
comments regarding WEBSITE or SITES or otherwise using any of the
communications features that may be available to you on or through WEBSITE or
SITES, you agree that you will comply with the Guidelines for Commenting and
that you will not upload, post, or otherwise distribute or facilitate
distribution of any content — including text, graphics, software, images,
video, sounds or other audio, data or other information — that:
a. is unlawful,
threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another’s privacy, patently offensive, vulgar, tortuous,
contains explicit or graphic descriptions or accounts of sexual acts (including
but not limited to sexual language of a violent or threatening nature directed
at another individual or group of individuals) or links to an adult Web site,
or otherwise violates the T&C or our Privacy Policy;
b. victimizes, harasses, exploits, degrades, or intimidates an individual or
group of individuals on the basis of religion, gender, sexual orientation,
gender identity and expression, race, ethnicity, age, or disability;
c. infringes any patent, trademark, trade secret, copyright, privacy/publicity
rights, or other proprietary rights of any party, or promotes the infringement
of the same, including by providing pirated computer programs or links to them,
providing pirated music or video, or links to pirated music or video files,
and/or providing information or the means to circumvent copy-protection
technology;
d. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail
(also known as “spamming”), chain letters, any other form of
unauthorized solicitation, harvesting or collecting of e-mail addresses or
other contact information of others for sale or any other misuse of such
information or for any form of lottery or gambling or that solicits passwords
or personally identifying information for commercial or unlawful purposes;
e. furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not limited
to, making or buying illegal weapons, violating someone’s privacy, or
providing or creating computer viruses;
f. involves commercial activities, promotion and/or sales without our prior
written consent;
g. contains software viruses or any other computer code, files, or programs
that are designed or intended to disrupt, damage, or limit the functioning of
any software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party or
contains restricted or password only access or hidden pages or images (those
not linked to or from another accessible page);
h. impersonates any person or entity; or
i. interferes with the operation of WEBSITE or SITES or the use of WEBSITE or
SITES by others.
You also agree
that you will not harvest or collect information about the Web site or WEBSITE
or SITES users, or use such information for the purpose of transmitting (or
facilitating transmission of) unsolicited bulk electronic e-mail or
communications. You further agree that you will not knowingly solicit or
collect personal information from a minor (anyone under 18 years old). Personal
information includes but is not limited to name, address, and phone number or
name of a minor’s school.
You acknowledge
that anything you submit to WEBSITE or SITES by way of any Public Forum may be
routed through our servers, the servers of one or more third parties on our
behalf, and the Internet, and may be viewed on the Internet by the general
public and that, therefore, you have no expectation of
privacy with regard to any such submission. You
acknowledge that Public Forums and features offered therein are for public and
not private communications. Whenever you give out personal information online,
through any media, including without limitation, a Public Forum, that
information can be collected and used by people you don’t know.
ATMS,INC., cannot guarantee the security of any information you disclose
through any media or mechanism at
WEBSITE or SITES; you make such disclosures at your own risk.
You are and shall
remain solely responsible for the Content you submit and/or post in any Public
Forum and for the consequences of submitting and posting same. You acknowledge
that the use of your submitted/posted Content in any Public Forum is at your
own risk. For example, we are not responsible for, and we do not endorse, the
opinions, advice or recommendations posted or sent by users in any Public Forum
and we specifically disclaim any and all liability in
connection therewith.
CONTENT POSTED BY
CONTENT OR ADVERTISING PARTNERS
Some of the
Content posted on WEBSITE or SITES is posted by third party content or
advertising partners (”Third Party Content”) with whom we have
relationships (”Content Providers”). You hereby acknowledge that
(i) WEBSITE or SITES is not responsible for any aspect of such Third Party
Content, (ii) the Content Provider posting such Third Party Content is solely
and exclusively responsible for the content of such Third Party Content, (iii)
WEBSITE or SITES does not endorse or sponsor any such Third Party Content (or
products or services mentioned or advertised therein), (iv) WEBSITE or SITES
makes no express or implied warranties whatsoever with respect to the accuracy,
relevancy, legality or decency of material contained in such Third Party
Content, and (v) WEBSITE or SITES cannot and does not guarantee that Third
Party Content complies with the T&C or our Privacy Policy.
MONITORING OF
CONTENT
WEBSITE or SITES,
itself or through its agents and contractors, has the
right but is under no obligation, and at its sole
discretion, leave to remove any Content or comment that, in its sole judgment,
does not comply with the T&C, or is otherwise harmful, objectionable,
inaccurate or inappropriate. WEBSITE or SITES is not responsible for any
failure or delay in removing such Content. WEBSITE or SITES is not responsible
for any Content posted on WEBSITE or SITES by users that violates the T&C
or our Privacy Policy.
LICENSE TO USER
SUBMITTED CONTENT
We do not claim
ownership of any Content that you may post. However, by submitting or posting
any Content, including, but not limited to, comments on WEBSITE or SITES, you
grant WEBSITE or SITES and its owners, principals, affiliates, subsidiaries and
licensees the right to use, reproduce, edit, create derivative works based on,
publish, publicly perform, display, perform, adapt, modify, distribute, have
distributed, and promote such Content in any medium and for any purpose
anywhere for as long as WEBSITE or SITES wants; and you warrant and represent
that you own or otherwise control all of the rights to such Content, and that
public posting and use of your Content by WEBSITE or SITES and its owners,
principals, affiliates, subsidiaries and licensees will not infringe or violate
the rights of any third party.
LINKS TO THIRD
PARTY SITES
WEBSITE or SITES
may link you to other Web sites on the Internet and that linked Web site may
contain information or material that some people may find uninteresting,
irrelevant, inappropriate or offensive. These other linked sites are not
necessarily under the control of WEBSITE or SITES, and you acknowledge that
WEBSITE or SITES is not responsible for the accuracy, legality, decency, or any
other aspect of the content of any third party linked Web sites. The inclusion
of a link to any such third party site does not necessarily imply endorsement
of, or association with, such other Web site by WEBSITE or SITES.
The T&C
applies only to ATMS, INC’s, WEBSITE or SITES and not to any linked site.
Before using and/or providing any personal information to any linked Web site,
please check that Web site’s T&C and privacy policy, which are
completely separate from, and unrelated to, ATMS,INC., WEBSITE or SITES’s
T&C and Privacy Policy.
UNSOLICITED IDEAS
AND PROPOSALS
We do not consider
or accept unsolicited ideas or proposals from anyone other than production
companies we are currently in production or licensed agents where a detailed
agreement exists between the parties.
Due to the volumes of unsolicited ideas and the challenge of determining
what is truly a “new” idea versus a concept that is already in
development, in pilot or sizzle, or previously considered and in turn around,
we must adhere that policy. As a
result, we will decline any invitation to review any idea or concept unless it
is submitted by a licensed agent and only during such time we are accepting
submissions.
Do not send us any
unsolicited materials such as ideas, concepts, pitches, suggestions, stories,
screenplays, treatments, formats, artwork, photographs, drawings, videos,
audiovisual works, musical compositions (including lyrics), sound
recordings, program formats, characterizations and/or other similar materials
(”Unsolicited Submissions”). If, despite our request, you
intentionally or unintentionally send us any Unsolicited Submissions, or if you
submit or post content or materials on this Web site (”User Generated
Content” and, any such User Generated Content together with Unsolicited
Submissions shall be referred to herein as “Submissions”), we shall
be entitled to, and you thereby license to us, unrestricted use of such
Submissions for any purpose whatsoever, commercial or otherwise, without the
requirement of any permission from or payment to you or to any other person or
entity. No Submission shall be subject to any obligation of confidentiality on
our part and we shall not be liable for any use or disclosure of any
Submission.
Further, in
consideration of WEBSITE or SITES’s continuing efforts to enhance and
improve its Web site and other offerings, by submitting a Submission you agree
to, and thereby do, sell, transfer and assign all right, title and interest in
and to such Submission to us without the requirement of any permission from, or
payment to, you or to any other person or entity. You hereby
appoint us as your agent and attorney-in-fact with full power to enter into and
execute any document and/or do any acts we may consider appropriate to confirm
and perfect our rights in any Submission.
You agree that any
Submission(s) is not being provided in confidence or trust, and that no confidential or fiduciary relationship is
intended or created between you and us in any way. To the extent any
“moral rights,” “ancillary rights,” or similar rights
in or to the Submission(s) exist and are not exclusively owned by us, you
agree not to enforce any such rights as to us or our licensees, distributors,
agents, representatives and other authorized users, and you shall procure the
same agreement not to enforce from any others who may possess such rights in
any Submission.
DISCLAIMER OF
WARRANTIES
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH WEBSITE OR
SITES IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR
USE. THE CONTENT, MATERIALS AND PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. ATMS, INC., WEBSITE OR SITES, ITS OWNERS, PRINCIPALS,
AFFILIATES, SUBSIDIARIES AND ITS LICENSORS DISCLAIM ANY WARRANTIES THAT: (i)
THE CONTENT, MATERIALS AND PRODUCTS ARE ACCURATE, RELIABLE OR CORRECT; (ii)
WEBSITE OR SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii)
ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (iv) WEBSITE OR SITES, ITS SERVERS,
OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF WEBSITE OR SITES IS SOLELY
AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF
CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF
LIABILITY
UNDER NO CIRCUMSTANCES SHALL
WEBSITE OR SITES, ITS OWNERS, PRINCIPALS, AFFILIATES, SUBSIDIARIES OR LICENSORS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, WEBSITE
OR SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ATMS,
INC., ASSIGNEES, WEBSITE OR SITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, WEBSITE OR SITES’S LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
AT ALL TIMES, YOU AGREE TO
DEFEND, INDEMNIFY, AND HOLD HARMLESS ATMS, INC., ITS ASSIGNEES, ITS
SHAREHOLDERS, WEBSITE OR SITES AND ITS OWNERS, PRINCIPALS, AFFILIATES,
SUBSIDIARIES LICENSORS AND LICENSEES AND THEIR EMPLOYEES, CONTRACTORS,
OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING
ATTORNEY’S FEES, THAT ARISE FROM (I) YOUR USE OR MISUSE OF WEBSITE OR
SITES; (II) YOUR VIOLATION OF THE T&C OR OUR PRIVACY POLICY; (III) YOUR
VIOLATION OF ANY LAW OR THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY
THIRD PARTY’S COPYRIGHT, TRADEMARK, PRIVACY/PUBLICITY OR OTHER
PROPRIETARY RIGHTS; (IV) CLAIMS ARISING FROM YOUR ACCOUNTS; OR (V) ANY CLAIM
THAT ANY CONTENT POSTED BY YOU CAUSED DAMAGE TO A THIRD PARTY. WEBSITE OR SITES
RESERVES 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 WEBSITE OR SITES IN ASSERTING ANY AVAILABLE
DEFENSES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THE
TERMINATION OR EXPIRATION OF THE T&C AND YOUR USE OF WEBSITE OR SITES IN
PERPETUITY.
INTERNATIONAL USE
WEBSITE or SITES
makes no representation that Content of, or products available through, WEBSITE
or SITES are appropriate or available for use in locations outside the United
States. Accessing WEBSITE or SITES from territories where the site contents are
illegal is strictly prohibited. Those who choose to access WEBSITE or SITES
from locations outside the United States do so at their own risk and at their
own discretion, and are responsible for compliance with all local laws.
OUR COPYRIGHT
POLICY
We abide by the
federal Digital Millennium Copyright Act (“DMCA”) by responding to
notices of alleged infringement that comply with the DMCA and other applicable
laws. If you are a copyright owner or an agent thereof and believe that any
Content infringes upon your copyright rights, you may submit a notification
pursuant to the DMCA by following the procedures described below. As part of
our response, we may remove or disable access to Content residing on WEBSITE or
SITES that is claimed to be infringing, in which case we will make a good-faith
attempt to contact the person who submitted the affected Content so that they
may make a counter notification, also in accordance with the DMCA.
Before serving
either a notice of infringing material or a counter-notification, you may wish
to contact a lawyer to better understand your rights and obligations under the
DMCA and other applicable laws. The following notice requirements are intended
to comply with our rights and obligations under the DMCA and, in particular,
section 512(c), and does not constitute legal advice.
NOTICE OF
INFRINGING MATERIAL
To file a notice of infringing material on the WEBSITE or SITES, please provide
a notification containing the following details:
·
Reasonably
sufficient details to enable us to identify the work claimed to be infringed
or, if multiple works are claimed to be infringed, a representative list of
such works (e.g., title, author, URL);
·
Reasonably
sufficient detail to enable us to identify and locate the material that is
claimed to be infringing (e.g., a link to the page that contains the material);
·
Your contact
information so that we can contact you (e.g., your address, telephone number,
e-mail address);
·
A statement that
you have a good faith belief that the use of the material identified in (2) is
not authorized by the copyright owner, its agent, or the law;
·
A statement, under
penalty of perjury, that the information in the notification is accurate and
that you are authorized to act on behalf of the owner of the exclusive right
that is alleged to be infringed; and
·
Your physical
signature.
You may send your
notice by mail, e-mail, or phone to the address shown below.
By Mail:
Attn: Notice of
Infringement agent
c/o ATMS, Inc.
843 S. Broadway Suite 608S
Los Angeles, CA 90014
By E-mail: inthebizu@aol.com
By Phone: (323) 393-3030
COUNTER
NOTIFICATION
If material that
you have posted to the WEBSITE or SITES has been taken down, you may file a
counter-notification that contains the following details:
·
Identification of
the material that has been removed or to which access has been disabled and the
location at which the material appeared before it was removed or disabled;
·
A statement, under
penalty of perjury, that you have a good faith belief that the material was
removed or disabled as a result of mistake or misidentification of the material
in question;
·
Your contact
information so that we can contact you (e.g., your address, telephone number,
e-mail address);
·
A statement that
you consent to the jurisdiction of the Federal District Court for judicial
district in which your address is located, or, if your address is outside of
the USA, for any judicial district in which we may be found and that you will
accept service of process from the person who submitted a notice in compliance
with the section (c)(1)(C) of the DMCA, as generally described above; and
·
Your physical signature.
You may send your
notice by mail, e-mail, or phone to the address shown below:
By Mail:
Attn: Notice of
Infringement agent
c/o ATMS, Inc.
843 S. Broadway Suite 608S
Los Angeles, CA 90014
By E-mail: inthebizu@aol.com
By Phone: (323) 393-3030
CHOICE OF LAW
& FORUM; STATUTE OF LIMITATIONS
You agree that the
T&C shall be governed by the internal substantive laws of the State of
California, without reference to its conflict of laws principles. Any claim or
dispute between you and WEBSITE or SITES that arises in whole or in part from
your use of WEBSITE or SITES shall be decided exclusively by a court of
competent jurisdiction located in Los Angeles County, California.
YOU AND WEBSITE OR SITES AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO WEBSITE OR SITES MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
WAIVER
No waiver of any of the T&C shall be deemed a further or continuing waiver
of such term or any other term, and WEBSITE or SITES’s failure to assert
any right or provision under the T&C shall not constitute a waiver of such
right or provision.
SEVERABILITY &
INTEGRATION
Unless otherwise specified herein, the T&C and Privacy Policy constitute
the entire agreement between you and ATMS, INC., its ASSIGNEES, SHAREHOLDERS
and WEBSITE or SITES with respect to your use of WEBSITE or SITES and
supersedes all prior or contemporaneous communications and proposals (whether
oral, written, or electronic) between you and WEBSITE or SITES with respect to
WEBSITE or SITES. If any part of the T&C is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
TERMINATION
Your right to use WEBSITE or SITES automatically terminates if you violate the
T&C or the Privacy Policy. We also reserve the right, in our sole discretion,
to terminate your access to all or part of WEBSITE or SITES, for any reason or
no reason at all, with or without notice. Upon termination, you must cease use
of WEBSITE or SITES and destroy all materials obtained from WEBSITE or SITES,
whether made under these terms of use or otherwise.
ABILITY TO ENTER
INTO THIS AGREEMENT
You affirm that you are either 18 or older, or possess legal parental or
guardian consent, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set
forth in the T&C, and to abide by and comply with the T&C. In any case,
you affirm that you are at least 13 years old, as the WEBSITE or SITES is not
intended for children under 13. If you are under 13 years of age, please do not
use the WEBSITE or SITES. Your parents may suggest sites more appropriate for
you.
ASSIGNMENT
The T&C, and
any rights and/or licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by ATMS INC., it ASSIGNEES, its
SHAREHOLDERS without restriction.
I understand my IP address is being
logged with my choice
ANT BIO | ANT FLIX
| ANT PIX | ANT BLOG
| TELL ANT | SEE ANT