By accessing or using Friday Pop Café® Productions’s Internet web site (the “Site”) you hereby accept and agree to comply with the terms and conditions set forth in the following user agreement (this “User Agreement”), and you shall be considered a “User.” This User Agreement is entered into by and between you, Friday Pop Café® Productions and all current and future affiliates of Friday Pop Café® Productions (collectively referred to as “Friday Pop Café® Productions”), and governs your access and use of the Site and the products and services available on and via the Site.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN-CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HEREIN, DO NOT USE THE SITE.
1. General Provisions. Friday Pop Café® Productions hereby grants you a fully revocable, nontransferable, nonexclusive right to use the Site solely in accordance with this User Agreement. The foregoing license has been granted to you subject to your agreement to abide by this User Agreement as well as any other rules, procedures, policies, terms or conditions governing the Site that may be displayed from time to time on the Site or otherwise provided to you by Friday Pop Café® Productions and to which Users will be bound. The information accessible on and via the Site is the property of Friday Pop Café® Productions and/or third parties, is not the property of any User, and is protected by copyright and other intellectual property and proprietary rights. Without limiting the foregoing or expanding any of your rights hereunder, you agree that you will not publish, broadcast, retransmit, reproduce, commercially exploit, create any derivative of or otherwise disseminate or disclose to any person such information contained on the Site or any portion of the Site. You may not use the Site to transmit, distribute or store material (a) in violation of any applicable law or regulation, (b) in a manner that Friday Pop Café® Productions determines may infringe the copyright, trademark, trade secret or other intellectual property right of another or violate the privacy, publicity or other personal right of another, or (c) that is considered by Friday Pop Café® Productions, in its sole discretion, to be defamatory, obscene, threatening, abusive or hateful. You are prohibited from violating or attempting to violate the security of the Site. The material contained on this site is believed to be accurate at the time it was posted, but is provided to users “As Is” without any express or implied warranty as to availability, reliability, merchantability, non-infringement, accuracy, completeness, timeliness, fitness for a particular purpose or otherwise.
2. Passwords and Security. You may not access any password-protected portion of the Site unless you received a password from and are authorized by Friday Pop Café® Productions. You are solely responsible for any use of or action taken under your password on the Site. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than in confidence with your Parent(s)/Legal Guardian(s) or Managing Party as named and signed on the Talent Form, or anyone authorized in writing by Friday Pop Café® Productions). You accept full responsibility for all activity conducted through your account or Protected Page and agree to and hereby release Friday Pop Café® Productions from any and all liability concerning such activity. You agree to notify Friday Pop Café® Productions immediately of any actual or suspected loss, theft or unauthorized use of your password. Friday Pop Café® Productions has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. Friday Pop Café® Productions will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.
3. Investigation and Disclosure of Information. Friday Pop Café® Productions has the right, but not the obligation, to monitor any activity and content associated with the Site. Friday Pop Café® Productions may investigate any complaint or reported violation of its policies and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspending or terminating your use of all or any portion of the Site and denying you access to all or any portion of the Site. Friday Pop Café® Productions also reserves the right to report any activity that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other persons or entities. In order to cooperate with governmental requests, to protect Friday Pop Café® Productions’s systems and Users, to ensure the integrity and operation of the Site, business or systems, or otherwise to comply with the law and legal process, Friday Pop Café® Productions may access and disclose any information, including information regarding a User, it considers necessary or appropriate.
4. Ownership. The Site, its content and any and all intellectual property rights pertaining thereto (including but not limited to copyrights, patents, trademarks and service marks) are owned by Friday Pop Café® Productions or third parties, and all right, title and interest therein and thereto shall remain the property of Friday Pop Café® Productions and/or its licensors, successors or other third parties and shall not be considered the property of any User. You agree not to remove any copyright, trademark or other proprietary notice or legend contained on the Site or its content (or printed copies thereof). Friday Pop Café® Productions and other names and indicia of Friday Pop Café® Productions’s products and/or services referenced herein are exclusive trademarks and service marks of Friday Pop Café® Productions. Other product and company names, trademarks and service marks appearing in the Site are the intellectual property of their respective owners.
5. Termination. Friday Pop Café® Productions reserves the right to reject your registration or suspend or terminate your access to and use of all or any portion of the Site at any time and for any reason, in its sole discretion. In the event your use of the Site is suspended or terminated, the User Agreement will continue to apply to your past use of the Site in the form in which it then existed at the time of the subject use. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Friday Pop Café® Productions.
6. Disclaimer of Warranties. THE SITE AND ALL INFORMATION AVAILABLE ON OR VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, COMPLETENESS, TIMELINESS OR SEQUENCING OF THE SITE OR THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR VIA THE SITE; AND (2) ANY WARRANTIES OF TITLE OR EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
7. Limitation of Liability. IN NO EVENT SHALL FRIDAY POP CAFÉ® PRODUCTIONS OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, MEMBERS OR EMPLOYEES (COLLECTIVELY, “COVERED PERSONS”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED, OBTAINED OR STORED IN OR FROM THE SITE, OR TRANSACTIONS ENTERED INTO VIA THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FRIDAY POP CAFÉ® PRODUCTIONS OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL THE LIABILITY OF ANY COVERED PERSON IN ANY CIRCUMSTANCE EXCEED $100. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS PARAGRAPH, THESE LIMITATIONS ALSO APPLY TO ANY THIRD PARTY CLAIMS AGAINST USERS.
8. Indemnity. You agree to indemnify, defend and hold harmless each Covered Person from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising from or relating to (i) your use of the Site; (ii) your breach of this User Agreement or any representation, warranty or covenant made by you herein; (iii) your violation of any applicable law, statute, ordinance, regulation or any third party’s rights or (iv) your infringement of any third party’s intellectual property rights. This obligation survives the termination of this User Agreement.
9. Modifications. Friday Pop Café® Productions may modify the terms of this User Agreement or any of the policies or guidelines governing the Site, at any time and in its sole discretion, by posting the modified User Agreement on the Site. Friday Pop Café® Productions will not be required to provide notice of any such modification directly to you. The modifications shall be effective upon such posting (unless some other date is specified in the posting, in which case that date shall be deemed the effective date for the modifications). You agree to review this User Agreement periodically so that you are aware of any modifications. Your use of the Site indicates your full acceptance of the User Agreement in its then-current each time you use the Site. You agree that the notice and modification provisions provided in this User Agreement are reasonable. You may not modify the terms of this User Agreement or any of the policies or guidelines governing the Site without Friday Pop Café® Productions’s express prior written consent.
11. Applicable Law. This User Agreement and all terms and conditions included or incorporated by reference herein shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and wholly performed therein. You hereby consent to the exclusive jurisdiction of the County of Norfolk, Massachusetts, in all disputes arising from or relating to this User Agreement or your access to or use of the Site. You hereby waive any objection to venue or inconvenient forum laid therein.
Friday Pop Café® Productions makes no claim that the Site may be lawfully viewed or downloaded outside of the United States. Access to the materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
13. Joint Venture. Nothing in this User Agreement shall constitute or create a joint venture, partnership, or any other similar arrangement between you and Friday Pop Café® Productions. Neither party is authorized to act as agent or bind the other party except as expressly stated in this User Agreement.
14. Assignability. This User Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. Friday Pop Café® Productions may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations hereunder. Any purported assignment of this User Agreement in violation of its terms shall be void.
15. Notice to Friday Pop Café® Productions. Any notice to Friday Pop Café® Productions that is required or permitted by this User Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to firstname.lastname@example.org.
16. No Waiver of Rights. Failure of either party to enforce any of its rights under this User Agreement will not act as a waiver of such rights.
17. Enforceability. If any portion of any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this User Agreement shall remain in full force and effect.
18. Headings. Headings used in this User Agreement are for convenience only. They do not constitute part of this User Agreement.