TERMS OF USE AGREEMENT

 

 

SECTION1.ᅠ  INTRODUCTION

 

Welcome to the Internet site of DiamondTheFilm.com (“Creole Celina Entertainment”). "Creole Celina Entertainment Sites" include DiamondTheFilm.com and CreoleCelinaEnt.com which these terms of use are posted. DiamondTheFilm.com; CreoleCelinaEnt.com and any and all entities that control, are controlled by, or are affiliated or under common control with “Creole Celina Entertainment” are collectively referred to herein as "we," "us" or "our". Any entity or person that accesses and/or navigates and explores any and all of “Creole Celina Entertainment Sites" and/or corresponds with by any means a   "Creole Celina Entertainment Site" here after and automatically agree to the following Terms of Use.

 

SECTION2.ᅠ  USE OF CONTENT

 

All information, materials, functions and other content ("Content") contained on Creole Celina Entertainment Sites are our copyrighted property or the copyrighted property of our licensors or licensees, except where explicitly noted otherwise. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Creole Celina Entertainment Sites or delete Content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content from any Creole Celina Entertainment may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Creole Celina Entertainment Site , except that where a Creole Celina Entertainment Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of Creole Celina Entertainment Sites is prohibited. In the event that we offer downloads of software on a Creole Celina Entertainment Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only, and such Software is subject to any applicable End User License Agreement. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.  Creole Celina Entertainment specifically disclaims any responsibility for software files, graphics, and other Submissions (as defined in Section 3 below, entitled “SUBMISSIONS”).

 

SECTION3.ᅠ  SUBMISSIONS

 

In these Terms of Use, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, software code, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through a Creole Celina Entertainment Site.

 

There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a Creole Celina Entertainment Site, through any form of electronic communication, or otherwise; and/or (b) that you Distribute, through any form of electronic communication, or otherwise for which you do not seek Consideration (such as in our Public Forums (as defined below in Section 6, entitled "PUBLIC FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) and/or (b) of this paragraph.

 

DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.

 

Our company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any Creole Celina Entertainment Sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type. Except as expressly stated in these Terms of Use, the provisions of these Terms of Use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, except as expressly stated in these Terms of Use, we, our licensees, distributors, agents, representatives, parent and affiliated companies and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission. Our rights with respect to Submissions provided at our request as part of a good faith application for employment at Creole Celina Entertainment are governed by special rules set forth in the submission agreement which is required as part of the application process.

 

In order to protect our creative development process, Creole Celina Entertainment will not review materials submitted for employment evaluation.

 

SECTION 4. RULES OF CONDUCT

 

The following Rules of Conduct apply to the Creole Celina Entertainment Sites. By using Creole Celina Entertainment Sites, you agree that you will not Distribute any Submission that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person orentity;ᅠ  (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (f)infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without his or her express permission) or publicity; or (iii) any confidentiality obligation; (g) is commercial or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Creole Celina Entertainment Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Creole Celina Entertainment Sites ; (i) does not generally pertain to the designated topic or theme of the relevant Public Forum; (j) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (k) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet. We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

 

SECTION5.ᅠ  COOPERATION; REMOVAL OF SUBMISSIONS

 

We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any Creole Celina Entertainment Site that violates these Terms of Use (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use (including the Rules of Conduct) and/or protect the safety or security of any person or property, including any Creole Celina Entertainment Site. Moreover, we retain all rights to remove Submissions of any kind at any time for any reason or no reason whatsoever.

 

SECTION6.ᅠ  CONTENT ACCESSIBLE THROUGH LINKS FROM CREOLE CELINA ENTERTAINMENT SITES AND SEARCH RESULTS

 

You should be aware that when you are on a Creole Celina Entertainment Site, there may be links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Creole Celina Entertainment Site or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. Moreover, we are not responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

 

SECTION7.ᅠ  DISCLAIMERS

 

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO CREOLE CELINA ENTERTAINMENT SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY CREOLE CELINA SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CREOLE CELINA ENTERTAINMENT SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

 

The content of Creole Celina Entertainment Sites are intended for Show Business, exhibition and entertainment purposes only. Such content is not intended to, and does not, constitute legal or professional advice, and may not be used for such purposes. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Creole Celina Entertainment Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.

 

SECTION8.ᅠ  INDEMNIFICATION

 

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors,

licensees, distributors, agents, representatives, parent and affiliated companies, and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Creole Celina Entertainment Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

SECTION9.ᅠ  LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS, LICENSEES, PARENT OR AFFILIATED COMPANIES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY

DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY CREOLE CELINA ENTERTAINMENT SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A CREOLE CELINA ENTERTAINMENT SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY CREOLE CELINA ENTERTAINMENT SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO CREOLE CELINA ENTERTAINMENT SITES OR CHANGE THE CREOLE CELINA ENTERTAINMENT SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

SECTION10.ᅠ  JURISDICTIONAL AND VENUE ISSUES

 

These Terms of Use and your relationship with the Creole Celina Entertainment Sites shall be governed by and construed in accordance with the internal substantive laws of the State of California, without reference to conflicts of lawsprovisions.ᅠ  You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Creole Celina Entertainment Sites shall be filed, and that venue properly lies, only in state or federal courts located in the State of California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on any Creole Celina Entertainment Site is appropriate or available for use in any particular location. Those who choose to access a Creole Celina Entertainment Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

 

SECTION11.ᅠ  AMENDMENT

 

At any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof).

 

SECTION12.ᅠ  GENERAL PROVISIONS

 

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY CREOLE CELINA ENTERTAINMENT SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED

 

ᅠSECTION 13.ᅠ  CORPORATE IDENTIFICATION AND TRADEMARKS

 

All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on the Creole Celina Entertainment Sites are the property of Creole Celina Entertainment, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Creole Celina Entertainment’s prior written permission. The use of Creole Celina Entertainment’s Marks on any other web site is prohibited.