TERMS AND CONDITIONS FOR USE
USE OF MATERIALS LOCATED ON THIS SITE This site is owned and operated by Coldhand Productions, LLC (“Owner”). No material from this site may be copied, reproduced, transmitted, or distributed in any way, unless otherwise stated by the owner.
Modification of the materials or use of the materials for any other purpose is a violation of the Owner copyrights and other proprietary rights. All trademarks, service marks, and trade names are proprietary to Owner or the other designated owner of a posted mark.
Elements of the Owner site is protected by trade and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Owner’s site may be copied or retransmitted unless expressly permitted by Owner.
YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE NIGHTS WEBSITE. NIGHTS WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
LINKS TO AND FROM THE OWNERS SITES
Coldhand Productions, LLC permits the linking to its sites from any other site so long as the linking site does not contain libelous, defamatory, obscene or illegal content. Any link must not frame the Owner’s site and must be to the entire site rather than to a particular page or graphic. Permission to link to any Owner site is temporary and at Owner’s sole discretion. Owner reserves the right to request any linking site to remove such link to any Owner site. Any linking site agrees to comply with such a request within 24 hours of receipt of such a request from Owner. Links in the Owner sites will let you leave the site. The linked sites are not under the control of Owner and the Owner are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Owner provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by Owner unless expressly indicated.
PUBLIC FORUMS “Forum” means any chat area, poll, bulletin board, e-mail and other interactive function offered as part of this site. You shall not upload to, distribute through, or otherwise publish through this site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or which is in violation of another’s copyright, trademark or other proprietary rights.
The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services.
By submitting content to any Forum, you automatically grant (or warrant that the owner of such rights has expressly granted) the Owner a royalty-free, nonexclusive, perpetual right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. Coldhand Productions, LLC DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
DIGITAL MILLENNIUM COPYRIGHT ACT Coldhand Productions, LLC will honor any accepted technical measures used by copyright Owner to identify or protect their works. You may report any suspected infringement to email@example.com.
JURISDICTIONAL ISSUES Unless otherwise specified, the materials in the site are presented for the purpose of promoting radio stations, radio personalities, musicians and other products available in the United States. Owner makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.
DISCLAIMER THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OWNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION OR ADVICE IN OR FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE OWNERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF THE Owners OR THEIR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OWNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
OTHER PROVISIONS These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. If these disclaimers do not apply to you, you acknowledge and agree that your sole remedy for any problems or dissatisfaction with any Coldhand Productions, LLC content is to discontinue use. Coldhand Productions, LLC failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision and no waiver shall be effective unless it is made in writing and signed by an authorized representative of Coldhand Productions, LLC.
INDEMNITY YOU WILL INDEMNIFY AND HOLD Coldhand Productions, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE Coldhand Productions, LLC SERVICES.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THE Coldhand Productions, LLC WEBSITE OR APPLICATIONS. WITHOUT PRIOR NOTICE, Coldhand Productions, LLC MAY MODIFY, SUSPEND, OR DISCONTINUE THE Coldhand Productions, LLC CONTENT OR YOUR USE OF IT. WHENEVER Coldhand Productions, LLC ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE Coldhand Productions, LLC CONTENT, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.