TERMS OF SERVICE
November 1, 2008
Welcome to the Superlight Studios website (referred to herein as the "Site") (we refer to the Site and the services provided through the Site, collectively, as the "Superlight Studios Features"). These Terms of Service ("Terms of Service") set forth an agreement between you and Superlight Studios ("Superlight Studios") governing your use of the Superlight Studios Features. By accessing this Site, you signify your irrevocable acceptance of these Terms of Service.
Superlight Studios has the right to modify or update these Terms of Service at any time without providing notice. Any additional or different terms in these Terms of Service shall be effective upon being posted on the Site. Your continued use of any of the Superlight Studios Features following the posting of any additional or different terms in these Terms of Service constitutes your irrevocable acceptance of those additional or different terms.
Proprietary Rights
All material ("Materials") displayed or transmitted on the Site including, but not limited to, text, photographs, illustrations, video clips, audio clips, and graphics and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world are owned or licensed by Superlight Studios, and are protected by United States and international intellectual property laws and treaties. Superlight Studios grants you a limited, revocable license to access and use the Materials for your personal use, subject to all of the terms and conditions of these Terms of Service. Except as provided in these Terms of Service, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, edit, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials, nor may you infringe any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary rights notices or legends from the Materials. You may not archive or retain any of the Materials accessed on the Site without the express written permission of Superlight Studios. You acquire no rights or license whatsoever in the Materials other than the limited right to use the Site in accordance with these Terms of Service. Any of the Materials accessed or downloaded from the Site must be accessed or downloaded in accordance with these Terms of Service. Superlight Studios reserves all rights not expressly granted under these Terms of Service.
Links to Other Websites
Superlight Studios may provide links to other Internet websites and resources and, if it does so, they are provided merely as a convenience and the inclusion of any link does not constitute or imply any affiliation, endorsement or sponsorship by Superlight Studios of such websites or any content contained therein. You acknowledge and agree that Superlight Studios is not responsible or liable in any way for any content, advertising, services or goods on or made available from such websites or resources either via links provided by Superlight Studios or by any user or third party.
Warranty Disclaimers
THE SITE AND THE SUPERLIGHT STUDIOS FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SUPERLIGHT STUDIOS SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Superlight Studios makes no representation or warranty that (i) the Site or the Superlight Studios Features will meet your expectations or requirements, (ii) the Site or the Superlight Studios Features will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the Site or the Superlight Studios Features will be accurate, timely, complete or reliable, (iv) any errors or defects in the Site or the Superlight Studios Features will be corrected, or (v) the Site and the Superlight Studios Features and/or the server that makes the Site and the Superlight Studios Features available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of the Site and the Superlight Studios Features may be interfered with by numerous factors outside of Superlight Studios's control including, but not limited to, telecommunications network disruptions. Superlight Studios is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Superlight Studios Features.
You acknowledge that the entire risk arising out of the use or performance of the Site or any of the Superlight Studios Features remains with you to the maximum extent permitted by law.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR ANY OF THE SUPERLIGHT STUDIOS FEATURES IS TO DISCONTINUE USE OF THE SITE AND THE SUPERLIGHT STUDIOS FEATURES.
Limitation of Liability
IN NO EVENT SHALL SUPERLIGHT STUDIOS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE SITE INCLUDING, BUT NOT LIMITED TO, THE SUPERLIGHT STUDIOS FEATURES, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF SUPERLIGHT STUDIOS OR SUCH PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL THE TOTAL LIABILITY OF SUPERLIGHT STUDIOS TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion of incidental or consequential damages or limitation of liability, so the above exclusions and limitations may not apply to you.
Indemnity
You agree to defend, indemnify and hold Superlight Studios and its licensors, licensees, affiliated companies, and marketing partners, together with their respective employees, agents, directors and officers, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of (i) your use or misuse of the Site or any of the Superlight Studios Features, (ii) your breach or alleged breach of these Terms of Service, (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or any of the Superlight Studios Features, or (iv) the infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from your use of any of the Superlight Studios Features.
Miscellaneous
These Terms of Service, and any other agreement regarding the Superlight Studios Features between you and Superlight Studios, constitute the entire agreement between you and Superlight Studios with respect to your access and use of the Site and the Superlight Studios Features and supersede all prior and contemporaneous agreements between you and Superlight Studios. If any of the provisions of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Superlight Studios's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service shall be interpreted, and your performance hereunder shall be governed, by the laws of the State of California, and applicable federal law, without regard to any conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Superlight Studios Features, that you and Superlight Studios will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in any attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you would otherwise be entitled to them.
If you have any questions about these Terms of Service or your rights or Superlight Studios's obligations relating to any of the Superlight Studios Features, please email us at webmaster@superlightstudios.com. This e-mail address is being protected from spambots, you need JavaScript enabled to view it or you may contact us by mail at:
Superlight Studios
Attn: Webmaster
2363 E. Pacifica Place
Rancho Dominguez, CA 90220
Fax: (310) 605-1429
