Craterlion Productions

>TERMS & CONDITIONS

Terms & Conditions for usage of website: http://www.craterlionproductions.com

These Terms and Conditions apply to Your use of the website located at www.craterlionproductions.com and its related sites ("Website"). Access to and use of Website is provided by CRATERLION PRODUCTIONS, LLC (“CLP”) subject to the following Terms and Conditions. Use of Website constitutes your acceptance of these Terms and Conditions which shall take effect from the first date You access the Website. CLP reserves the right to change these Terms and Conditions at any time by posting those changes online.

In these Terms and Conditions, the user of the Website is defined as "You" or "Your" and the provider of Website is defined as "We", "Us" or "Our".
Content - The Website is supplied to You by Us for personal information, entertainment and education. We do not represent or warrant that the information accessible via the Website is accurate, complete or current. Material on the Website including photographs, images and text, may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use. Any other use requires our prior written permission.
You agree not to adapt, alter or create a derivative work from any of the material contained in the Website or use it for any other purpose other than for your personal non-commercial use. You agree to use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by any third party. These restrictions or inhibitions include conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content.
You must not post or transmit through the Website any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or which do not comply with all relevant laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. We expect You to always treat other users with respect.

Disclaimer - TO THE FULLEST EXTENT PERMITTED AT LAW, WE ARE PROVIDING THE WEBSITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO US OR OUR PRODUCTS AND SERVICES OR TO THIRD PARTY PRODUCTS AND SERVICES ON THE WEBSITE ON AN "AS IS" BASIS AND MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING NO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. WE WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM USE OR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE.

Errors and Interruptions - We do not warrant that the functions contained in the material on the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We assume no responsibility and cannot be liable for any damages to or viruses that may affect Your computer equipment or other property on account of Your access to, use of or from browsing the Website or Your downloading of any material, data, text, images, video or audio clips.

Third Party Websites - You acknowledge and agree that We are not responsible for the availability of any third party websites or material You access through the Website, and We do not endorse and are not responsible or liable for any content, advertising, products or services on or available from those websites or that material, nor for any damage, loss or offense caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available on or available from those websites or material. Any dealings between You and any advertisers or merchants found on or via the Website, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between You and the relevant advertiser or merchant. You agree not to hold Us liable for any loss or damage of any kind incurred as the result of any such dealings.

SUBMISSIONS GUIDELINES

Submission of Content - The CLP Project Submissions was designed for clients to submit their project to the producers of CLP without any lag time, miscommunication, and maximum efficiency. The Submission pathway is of "NO COST" to the Clients. Where You are invited to submit any content to the Website including any text, graphics, video or audio ("Content") You are required by your submission of the Content to release us from all claims or responsibilities that could be made as a result of our review/analysis/modification of your Content. By agreeing to our Terms & Conditions, you hereby grant Us a perpetual, license to use, reproduce, modify, adapt, translate, the Content for the sole use of producing a viable production timeline, scheduling, budget and other logistical matters, including salaries. CLP will never share the project information or Content with any foreign party for any reason. If You do not wish to grant these rights to Us please do not submit Your Content to the Website. By submitting Your Content to Website, You warrant that:

(original) the Content is original and You are the copyright owner;
CLP does not accept unsolicited content at any time through it's Project Submissions pathway. We have an established policy of not reviewing any submitted material unless we are released from all claims or responsibilities that could be made as a result of our review/analysis of your Content.
By submitting your Content to CLP through this pathway, you hereby release us from all claims or responsibilities that could be made as a result of our review/analysis of your submitted project and Content.
(no infringement) nothing in the Content is obscene, libelous, blasphemous of or infringes any performer's right, any performer's property right, any moral right, any right of copyright, right of privacy, right of publicity or any other right whatever of any third party;
(modification) We can use, modify, change, transmit and otherwise relay the Content and exercise the rights granted in this agreement without restriction. The Content will not be relayed to any third parties without Your written consent. Any Content submitted via the CLP submissions process will be handled by CLP employees and contracted personnel only.
(private) All project information or Content will be kept private. CLP, it's employees, contractees, and personnel have full rights to access your submitted Content and reproduce/alter/modify the Content in any way necessary to produce a viable project timeline, layout, schedule, and delivery.
(third parties) You have obtained all necessary consents and releases from all individuals entitled or required to give such permission in respect of the Content and its use by Us and that neither the Content nor the reproduction of it by Us will infringe any rights of any third party.

1. I am submitting to Craterlion Productions, LLC (hereinafter referred to as “CLP” which term shall also include including CLP’s related entities, employees, agents, licensees, successors, assigns, and all parties to whom CLP may submit Content) the following described materials,
ideas or creative work (hereinafter referred to as the “Content(s)”):

2. I understand that CLP does not purchase literary or other properties. I further understand that CLP has adopted the policy of refusing to accept, consider or evaluate unsolicited material unless the person submitting such material has agreed to the Terms & Conditions. I understand that I cannot submit any Content without reading the Terms & Conditions, and manually check-marking the "I Agree" field in the Submission Form. I specifically acknowledge that CLP would refuse to accept, consider or otherwise evaluate any material (including the Content) in the absence of my acceptance of each and all of the provisions of this Agreement. I understand and agree that no confidential relationship is established by my submitting the Content to CLP hereunder. I shall retain all rights to submit this Content or similar material to persons or entities other than CLP.

3. I request that CLP examine the Content with a view toward deciding whether CLP may undertake to represent the Content, and CLP may at its sole discretion decide whether to examine or to represent the Content.

4. I represent and warrant that: (a) I am the sole owner and author of the Content, that the Content is my own original work, that I have the exclusive right and authority to submit the same to CLP upon the terms and conditions stated herein, and that all of the elements of the Content are disclosed herein; (b) there are no third parties having any proprietary or other interest in the Material and (c) I have the full right and authority to enter into this Agreement for myself and on behalf of any entity indicated on the signature block below. I agree to indemnify CLP against any liabilities, losses, claims, demands, damages, judgments, awards, costs (including reasonable attorney’s fees), suits or expenses arising in connection with any breach or alleged breach of the
representations and warranties in this Agreement.

5. I agree that CLP shall have the right to use any portion of the Content which is not legally protected under the applicable laws of literary property without any liability or obligation to me. Nothing contained in this Agreement nor the fact of my submission of the Content to CLP shall be deemed to place CLP (or any person or entity to whom CLP may show the Content) in any different position than anyone else by reason of my submission of the Content to CLP.

6. I agree that no obligation of any kind is assumed or may be implied against CLP by reason of CLP’s review of the Content, CLP’s showing the Content to other persons or any discussions or negotiations I may have with CLP, except pursuant to an express written agreement hereafter executed by CLP and me which, by its terms, will be the only contract between us.

7. In the event of any dispute concerning the Content(s) or concerning any claim of any kind or nature arising in connection with the Content(s) or arising in connection with this Agreement, such dispute will be submitted to binding arbitration. Each party hereby waives any and all rights and benefits which he or it may otherwise have or be entitled to under the laws of the State of California to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. Either party may commence arbitration proceedings by giving the other party written notice thereof by registered mail. If either party shall fail to appear at the hearing on the date designated in accordance with the CPR Rules for Non-Administered Arbitration or shall fail
to participate in the arbitration proceeding, then the arbitrator is empowered to proceed ex parte. The arbitration shall be conducted in the County of Sacramento, State of California, and shall be governed by and subject to the laws of the State of California and the then prevailing rules of the
CPR Distinguished Neutrals Entertainment Panel. The arbitrator shall be a person experienced and knowledgeable in entertainment industry transactions and may be a member of the CPR Distinguished Neutrals Entertainment Panel. Any decision shall provide for each party to bear his or its own costs of arbitration and attorney’s fees. The arbitrators' award shall be final and binding and a judgment upon the award may be enforced by any court of competent jurisdiction.

8. Except as otherwise provided in this Agreement, I hereby release CLP of and from any and all claims, demands and liabilities of every kind whatsoever, known or unknown, that may arise in relation to the Material or by reason of any claim now or hereafter made by me that CLP has used or appropriated the Content.

9. CLP may transfer, or assign the Content to any person within the organization for consultation reasons.

10. I have retained at least one copy of the Content, and I hereby release CLP of and from any and all liability for loss of, or damage to, the copies of the Content submitted to CLP hereunder.

11. I hereby state that I have read and understand this Agreement and that no oral representations of any kind have been made to me, and that this Agreement states our entire understanding and agreement with reference to this subject matter hereof. Any modification or waiver of any of the provisions of this Agreement must be in writing and signed by both of us.

12. Should any provision or part of any provision of this Agreement be deemed void or unenforceable, such provision or part thereof shall be deemed omitted, and this Agreement with such provision or part thereof omitted shall remain in full force and effect. This Agreement shall
at all times be construed so as to carry out the purposes hereof and shall be governed by the laws of the State of California, without regard to its conflict of laws principles.

Security - Wherever your Personal Information may be held within CLP or on its behalf, we intend to take reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access or disclosure.

Children's Privacy - CLP submissions is not structured to attract children. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years of age.

Commitment - We are committed to privacy and, through our membership in the Online Privacy Alliance, are actively involved in and support current industry initiatives to preserve individual privacy rights on the Internet. Protecting your privacy online is an evolving area, and CLP's Web sites are constantly evolving to meet these demands.

Indemnity - You agree to indemnify Us immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by You or any other liabilities arising out of Your use of the Website.

Termination - We shall have the right immediately to terminate Your use of the Website if We determine in Our sole discretion that You have breached these Terms and Conditions or otherwise been engaged in conduct which We determine in Our sole discretion to be unacceptable.

Invalidity - If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

Governing Law - These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, USA, as they apply to agreements made and solely performed therein.. Disputes arising here from shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of California, and jurisdiction therefore shall rest solely in California, USA.

Non-Acceptance - If these Terms and Conditions are not accepted in full, You do not have permission to access the the Website and should cease using the Website immediately.

Privacy - We shall comply with applicable US Data Protection legislation from time to time in place in respect of any personal information relating to You gathered by Us. You may be asked to input various basic information about yourself on different pages of the Website. We will use this information in accordance with our Privacy Policy.