IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

The Entertainment & Intellectual Property Group
Terms of Use

Your use of The Entertainment & Intellectual Property Group ("The EIP Group" or "we") web site (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. The EIP Group reserves the right in its sole discretion to change these Terms. We will post changes here, so check back periodically. Your continued use of this Web Site after the posting of any notice of a change in the Terms shall constitute your acceptance to be bound by any such changes.

The information and features included in this Web Site have been compiled from a variety of sources, are for informational purposes only, and are subject to change at any time without notice. The EIP Group will use reasonable efforts to include accurate and up-to-date information. However, this Web Site and all information it contains are provided "AS IS." By using or linking to this Web Site, you assume the risk that the information on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and/or requirements.

Information you submit

Transmitting, submitting and/or posting any communication or material to the Web Site and/or The EIP Group by electronic mail or otherwise, including any data, questions, comments, suggestions, personally identifying information or the like is, and will be treated as, nonconfidential and non-proprietary. By submitting materials to a public posting area, 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 (defined below) rights and rights of publicity and/or privacy. Accordingly, all submissions to the Web Site and/or The EIP Group shall be the sole property of The EIP Group and may not be returned.

While we are happy to have you contact us by telephone, surface mail, electronic mail or facsimile transmission, contacting The EIP Group or any EIP Group attorney does not create an attorney-client relationship between you and the firm. The formation of an attorney-client relationship requires a consideration of multiple factors including possible conflicts of interest. Please do not convey to us any information you regard as confidential until a formal attorney-client relationship has been established. Any information you convey to The EIP Group via the Internet may not be secure, and information conveyed prior to establishing an attorney-client relationship may not be privileged or confidential.

Intellectual Property Information/Restrictions on Use of the Web Site

This Web Site and all of the information it contains, or may in the future contain, such as articles, opinions, and other text, (collectively, the "Content"), as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material and/or any other form of intellectual property (collectively, the "Intellectual Property") are owned by The EIP Group or other third parties and are protected from unauthorized copying and dissemination by U.S. copyright, trademark and other laws.

Nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise any license or right to use any Intellectual Property displayed on the Web Site without the prior written consent of The EIP Group or such third party that may own the Intellectual Property displayed on the Web Site. Your misuse of the Intellectual Property displayed on the Web Site, or any other Content on the Web Site is strictly prohibited. You are advised that The EIP Group will aggressively enforce its Intellectual Property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

Users of the Web Site may print a copy of the Content for individual, non-commercial use only. Such use must be in accordance with the intended purposes of this Web Site, these Terms and any and all applicable laws. Any other copying, distribution, retransmission or modification without the express written permission of The EIP Group is strictly prohibited. As a user of the Web Site, you agree not to use the Content for any unlawful purposes, not to violate The EIP Group's Intellectual Property rights or the rights of others, including, without limitation, by creating any derivative works based on the Web Site, the Content, the Intellectual Property and/or any portion thereof; deleting any copyright, patent or trademark notice from the Web Site, the Content, the Intellectual Property and/or any portion thereof; modifying; publishing; transmitting; reusing; reposting; transferring; selling; performing; or in any way commercially exploiting the Web Site, the Content, the Intellectual Property and/or any portion thereof; uploading or submitting any material that is unlawful, abusive, indecent or obscene, promotes violence or illegal acts, contains expressions of racism, or any solicitation of funds or unsolicited "junk" electronic mail; uploading or submitting any material that is libelous, defamatory, scandalous, or inflammatory; or representing yourself as an individual other than yourself. Your compliance with these Terms will be determined by The EIP Group in its sole discretion. Any violation of these Terms may result in restrictions on your access to the Web Site and may be referred to law enforcement authorities.

BY USING THIS WEB SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE EIP GROUP HARMLESS FROM AND AGAINST ANY 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 THE FOREGOING REPRESENTATIONS, YOUR VIOLATION OF THESE TERMS, OR A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS WEB SITE AND/OR THE CONTENT IN VIOLATION OF THESE TERMS.

Linking Policy

The Content 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 The EIP Group 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 The EIP Group. Under no circumstances may you "frame" this Web Site or alter its Intellectual Property or Content in any other way. The EIP Group 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.

The EIP Group 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 The EIP Group of any errors or inappropriate material found on web sites to which this Web Site is or may be linked.

Disclaimers/Limitations on Liability

The EIP Group makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements and recommendations contained in this Web Site and/or the Content. 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 The EIP Group. Views and opinions of users of this Web Site do not necessarily state or reflect those of The EIP Group. 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. The EIP Group 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 The EIP Group any personal or confidential information. The EIP Group makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Web Site. The EIP Group 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.

The material on this Web Site is not offered as legal advice on any matter and should not be used as a substitute for seeking professional legal advice. The EIP Group will not be responsible for any action or failure to act in reliance upon information on this Web Site or any third-party web site, which may be accessed by a link from this Web Site. This Web Site and its operation are not intended to create, and will not create, an attorney-client relationship with you. This Web Site may be considered advertising in your jurisdiction.

THE EIP GROUP SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THIS WEB SITE, THE CONTENT AND THE INFORMATION AND OTHER MATERIALS CONTAINED THEREON.

YOU AGREE THAT THE EIP GROUP IS 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 THE WEB SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR ITS CONTENT, EVEN IF THE EIP GROUP HAS 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, THE WEB SITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE EIP GROUP BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).

Location

The EIP Group 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 from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws.

Additional Policies

The EIP Group reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address. The EIP Group may deny or terminate the permission granted under these Terms at any time for any reason by giving any such user proper notice, as determined solely by The EIP Group.

The Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

These Terms shall be construed and enforced in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles. Any cause of action with respect to the Terms and/or your use of this Web Site must be filed in Illinois within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred.

 

© 2005 The Entertainment & Intellectual Property Group, LLC. All rights reserved.