Terms of Use
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS
WEB SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree
with any of the terms that follow, or do not agree to be bound by all such terms,
do not use this web site.
Your use of this web site, http://www.tombraidermovie.com/
(the "Web Site") is subject to the following terms and conditions
of use (the "Terms"). You agree to these Terms by accessing this Web
Site and/or by accepting any information from this Web Site. Paramount Pictures
Corporation ("PPC" or “We”) reserves the right in our
sole discretion to modify, alter or otherwise change these Terms and you agree
to be bound by such modifications, alterations or changes. We will post changes
here, so check back periodically. Your continued use of this Web Site after
the posting of any change in the Terms shall constitute your acceptance to be
bound by any such changes. Please also review the terms of the Web Site’s
Privacy
Policy.
The information and features included in this Web Site have been compiled from
a variety of sources, are for informational and entertainment purposes only,
and are subject to change at any time without notice. By accessing or linking
to this Web Site, you assume the risk that the information on this Web Site
may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
Restriction on Use
This Web Site and all of the content it contains, or may in the future contain,
such as articles, opinions, other text, directories, guides, photographs, illustrations,
images, video and audio clips and advertising copy, as well as the trademarks,
logos, domain names, trade names, service marks and any and all copyrightable
material (including source and object code) and/or any other form of intellectual
property (collectively, the "Material") are owned by PPC or other
third parties and are protected from unauthorized use, copying and dissemination
by copyright, trademark, publicity and other laws and by international treaties.
Nothing contained in these Terms or on the Web Site should be construed as granting,
by implication, estoppel or otherwise, any license or right to use any Material
in any manner without the prior written consent of PPC or such third party that
may own the Material or intellectual property displayed on the Web Site. UNAUTHORIZED
USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING,
POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY
OF THE MATERIAL IS STRICTLY PROHIBITED. As a user of the Web Site, you agree
not to use the Material for any unlawful purposes and not to violate PPC's rights
or the rights of others. You are advised that PPC will aggressively enforce
its rights to the fullest extent of the law, including, without limitation,
the seeking of criminal prosecution against you. PPC may add, change, discontinue,
remove or suspend any of the Material at any time, without notice and without
liability.
You shall not post, send, upload, transmit, distribute, submit or otherwise
publish, through User Forums or otherwise, any material, nor link to the Web
Site from any online source that:
(i) is unlawful, abusive, indecent or obscene;
(ii) promotes violence or illegal acts;
(iii) contains expressions of racism;
(iv) advertises or contains any solicitation of funds or unsolicited "junk"
electronic mail;
(v) is libelous, defamatory, scandalous, indecent, obscene, pornographic, threatening
or inflammatory or is otherwise inappropriate;
(vi) contains any viruses or other software that may adversely affect the operation
of another’s computer;
(vii) represents yourself as an individual other than yourself;
(viii) infringes any intellectual property right of any entity or person, including,
without limitation, violating anyone’s copyrights or trademarks or their
right of publicity;
(ix) violates any law;
(x) violates or infringes upon the rights of PPC its users or the public, including
material which is an invasion of privacy or publicity rights;
(xi) advocates illegal activity or activity that would give rise to civil liability;
(xii) solicits gambling or engages in any gambling activity;
(xiii) interferes with anyone else’s use of the Web Site. (collectively,
“Non-Approved Material”).
User Forums
Certain areas of this Web Site may provide access to online user forums, bulletin
boards or chat rooms (“User Forums”). PPC does not endorse
the content in such User Forums and specifically disclaims any responsibility
or liability to any person or entity (including, without limitation, persons
who may use or rely on such material) for any loss, damage (whether actual,
consequential, punitive or otherwise), injury, claim, liability or other cause
of any kind or character based upon or resulting from any material provided
through this Web Site.
PPC does not and can not review every message posted by users in the User Forums,
and is not responsible for the content of these messages. PPC reserves the right
to, but is not obligated to, delete, move or edit content, in whole or in part,
submitted by you to the Web Site and/or PPC for any reason, including a determination
by PPC, in PPC’s sole discretion, that such content contains Non-Approved
Material or violates any PPC Terms. In addition, PPC may delete, move, edit
or disclose the contents of messages when it is required to do so by law or
in a good faith belief that such action is necessary to protect and defend the
rights and property of PPC or to protect the safety of our users or the public.
Please be aware that certain User Forums may
disclose a user’s IP address along with the user’s name and message.
To protect your safety, please use your best judgment when using User Forums,
and consider carefully whether you want to disclose any information that can
be used to identify or locate you.
Disclaimers/Limitations on Liability
This Web Site AND all Material AND INTELLECTUAL PROPERTY contained on it are
distributed “AS IS” without warranties of any kind, either express
or implied, including, without limitation, warranties of title or implied warranties
of merchantability, non-infringement or fitness for a particular purpose OR
THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR
USAGE OF TRADE.
YOU AGREE THAT PPC and its parents, affiliates, subsidiaries, licensors
and assigns ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN
TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEB SITE, THE MATERIAL,
OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN
WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT
OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEB SITE OR ITS RELATED INFORMATION
OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT
AND UNDER NO CIRCUMSTANCES WILL PPC OR its parents, affiliates, subsidiaries,
licensors OR assigns BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION
WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS,
AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT
APPLY TO YOU.
BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT
TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH
SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY
WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES
AS FOLLOWS:: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR.”
PPC makes no representation or warranty whatsoever regarding the completeness,
accuracy, currency or adequacy of any information, facts, views, opinions, statements
or recommendations contained on this Web Site and/or the Material. Reference
to any product, process, publication or service of any third party by trade
name, domain name, trademark, service mark, logo, manufacturer or otherwise
does not constitute or imply its endorsement or recommendation by PPC. Views
and opinions of users of this Web Site do not necessarily state or reflect those
of PPC. Users are responsible for seeking the advice of professionals, as appropriate,
regarding the information, opinions, advice or content available at this Web
Site.
The Internet may be subject to breaches of security. PPC is not responsible
for any resulting damage to any user's computer from any such security breach,
or from any virus, bugs, tampering, unauthorized intervention, fraud, error,
omission, interruption, deletion, defect, delay in operation or transmission,
computer line failure or any other technical or other malfunction. You should
also be aware that email submissions over the Internet may not be secure, and
you should consider this before e-mailing PPC any information. PPC makes no
representation or warranty whatsoever regarding the suitability, functionality,
availability or operation of this Web Site. This Web Site may be temporarily
unavailable due to maintenance or malfunction of computer equipment.
Indemnification
BY USING THIS WEB SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PPC AND its parents,
affiliates, subsidiaries, licensors AND assigns HARMLESS FROM AND AGAINST ANY
CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES,
LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION,
REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR
REPRESENTATIONS; YOUR VIOLATION OF THESE TERMS; A CLAIM BY A THIRD PARTY THAT
IS BASED ON YOUR USE OF THIS WEB SITE AND/OR THE MATERIAL IN VIOLATION OF THESE
TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR
MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU THAT INFRINGES ANY COPYRIGHT,
TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT OR OTHER INTELLECTUAL PROPERTY
RIGHT OR DEFAMES ANY PERSON OR VIOLATES THEIR RIGHT OF PUBLICITY AND/OR PRIVACY;
ANY MISREPRESENTATION MADE BY YOU; AND/OR PPC’S USE OF YOUR INFORMATION.
YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN PPC’S DEFENSE
OF ANY CLAIM. PPC 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 PPC.
Copyrights and Copyright Agents
PPC respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, PPC has designated a Copyright Agent to receive notice of claims of copyright infringement on the Web Site. PPC’s Copyright Agent is Gregory Ellwood. Mr. Ellwood may be reached by telephone at (323) 956-5000 or by email at Gregory_Ellwood@Paramount.com.
If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide PPC's Copyright Agent the following information:
1. An electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located
on the Web Site;
4. Your address, telephone number and email address;
5. 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;
6. A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are either the copyright owner or authorized
to act on the copyright owner's behalf.
Information You Submit
PPC does not accept unsolicited submissions for its motion pictures, web sites
or other products and services. It is the intent of this policy to avoid the
possibility of future misunderstandings when projects developed by PPC’s
staff might seem to others to be similar to their own creative ideas, suggestions
or materials. Therefore, please do not make any such unsolicited submissions
to PPC through this Web Site or otherwise, including, without limitation, story
ideas, character ideas, plot suggestions, set or costume designs, or scripts.
PPC will not review any such submissions, and we can not guarantee that we will
respond to your comments or messages. If at our request you send a submission
(for example, personal opinions or in connection with a special promotion),
or if despite our request that you not send unsolicited submissions you transmit,
submit and/or post any communication or material to the Web Site and/or PPC
by electronic mail, in User Forums or otherwise, including any data, questions,
comments, suggestions, personally identifiable information or the like, such
communication and its contents are and will be treated as, nonconfidential and
non-proprietary. Thus, subject to the Privacy Policy, anything you transmit,
submit and/or post to the Web Site and/or PPC may be used by PPC for any purpose,
including, without limitation, reproduction, disclosure, transmission, publication,
broadcast and posting. In addition, and subject only to the terms of our Privacy
Policy, PPC is free to use any ideas, concepts, know-how or techniques contained
in any communication you send to the Web Site and/or PPC, for any purpose whatsoever
including, without limitation, developing, manufacturing and marketing products
using such information. By submitting materials to this Web Site or PPC, you
represent that such materials are original with you and do not violate the rights
of any third parties, including, without limitation, any intellectual property
rights and rights of publicity and/or privacy. All submissions to the Web Site
and/or PPC shall be the sole property of PPC and will not be returned.
Linking Policy
The Material of this Web Site contains intellectual property that is protected
from unauthorized use, copying and dissemination by U.S. copyright, trademark
and other laws. If you link to this Web Site, we require that you follow these
guidelines. The link to this Web Site must not damage, dilute or tarnish the
goodwill associated with any PPC names and/or intellectual property, nor may
the link create the false appearance that your web site and/or organization
is sponsored, endorsed by, affiliated and/or associated with PPC. Under no circumstances
may you “frame” this Web Site or alter its intellectual property
or Material in any other way. PPC reserves the right, in its sole discretion,
to terminate a link with any Web site that it deems inappropriate or inconsistent
with this Web Site and/or these Terms.
PPC is not responsible for the content or performance of any portion of the
Internet including other World Wide Web sites to which this Web Site may be
linked or from which this Web Site may be accessed. Users are requested to inform
PPC of any errors or inappropriate material found on Web sites to which this
Web Site is or may be linked.
Promotions
This Web Site may contain sweepstakes, contests or other promotions that require
you to send material or information about yourself. Please note that sweepstakes,
contests or promotions offered via the Web Site may be governed by a separate
set of rules that, in addition to describing such sweepstakes, contest or promotion,
may have eligibility requirements, such as certain age or geographic area restrictions.
It is your responsibility to read such rules to determine whether or not your
participation, registration and/or entry is valid. You agree to read and comply
with such rules before entering any sweepstakes, contest or promotion on this
Web Site.
Membership & Registration
Certain areas and/or services offered via the Web Site may require registration
or may otherwise ask you to provide information to participate in certain features
or to access certain content. The decision to provide this information is purely
optional; however, if you elect not to provide such information, you may not
be able to access certain content or features or participate in various areas
and/or services offered via the Web Site. When you register or become a member
of the Web Site or provide information to the Web Site in any other manner,
you agree to provide only true, accurate, current and complete information.
If you become a member of the Web Site or any portion thereof, you agree to
accept responsibility for all activities that occur under your account or password,
and agree you will not sell, transfer or assign your membership or any membership
rights. You are responsible for maintaining the confidentiality of your password
and for restricting access to your computer so that others may not access the
password protected portion of the Web Site using your name in whole or in part.
The Web Site reserves the right to terminate membership and deny access to the
Web Site to any person who violates these Terms.
Location
PPC operates this Web Site in the United States. Information contained on this
Web Site may not be appropriate or available for use in other locations, and
access to this Web Site from territories where the content of the Web Site may
be illegal is prohibited. If you access this Web Site form other locations,
you do so on your own initiative and you are solely responsible for compliance
with applicable local laws. These Terms shall be construed and enforced in accordance
with the laws of the State of California, without regard to its conflicts of
law principles and will specifically not be governed by the United Nations Conventions
on Contracts for the International Sale of Goods, if otherwise applicable. Any
cause of action with respect to the Terms and/or your use of this Web Site must
be filed in the County of Los Angeles, City of Los Angeles, State of California
within ninety (90) days after the occurrence of the facts giving rise to the
cause of action, otherwise the cause shall be forever barred.
No software from the Web Site may be downloaded, exported or re-exported: (i)
into (or to a national or resident of) any countries that are subject to U.S.
export restrictions; or (ii) to anyone on the U.S. Treasury Department’s
list of Specially Designated Nations or the U.S. Commerce Department’s
Table of Deny Orders. You represent and warrant that you are not located in,
under the control of, or a national or resident of any such country on any such
list.
Violations and Additional Policies
PPC will determine your compliance with these Terms in its sole discretion.
Any violation of these Terms may result in restrictions on your access to all
or part of the Web Site and may be referred to law enforcement authorities.
No waiver of any of these Terms shall be of any force or effect unless made
in writing and signed by a duly authorized officer of PPC. PPC reserves the
right to modify or discontinue this Web Site, or any portion thereof (including
User Forums) without notice to you or any third party. Upon termination of your
membership or access to the Web Site, or upon demand by PPC, you must destroy
all materials obtained from this Web Site and all related documentation and
all copies and installations thereof. You are advised that PPC will aggressively
enforce its rights to the fullest extent of the law, including, without limitation,
the seeking of criminal prosecution against you.
Copyright © 2003 Paramount Pictures. All rights reserved.