(Hong Kong, China, March 12th 2010)
PLEASE READ THIS WEBSITE USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE
This Website Use Agreement (”Agreement”) informs you of the terms, conditions, disclaimers, notices and policies, collectively (the “Terms“) that apply to your use of the STREAMLINE PRODUCTION, STREAMLINE STUDIOS, INCREDIBLE PIXELS, STREAMLINE EAST LTD, and/or RISE ABOVE MEDIA websites and online forums, collectively (the ”Sites”), which Sites are the exclusive properties of RISE ABOVE MEDIA ("RISE ABOVE MEDIA"). This Agreement is a binding contract between you and RISE ABOVE MEDIA. By accessing, browsing and/or using the Sites you signify to RISE ABOVE MEDIA that you have read, understood and agree to be bound by the Terms and all applicable laws and regulations. If you do not agree to these Terms, you must not use the Sites.
OWNERSHIP OF WEBSITE AND CONTENTS
Unless otherwise stated, all materials contained on the Sites, including the text, graphics, photographs, button icons, audio and video, digital downloads, data compilations and software, are the legally protected property owned or licensed by RISE ABOVE MEDIA or licensed by RISE ABOVE MEDIA from third-party providers. The trademarks displayed on the Sites are the registered and common law trademarks of RISE ABOVE MEDIA, or affiliated companies, and various third parties. All rights are protected under applicable copyright and trademark laws. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any permission, license or right to use any of the copyrighted property or trademarks without the written permission of RISE ABOVE MEDIA. As a condition of your use of the Sites, you agree that use of, participation in, or reliance on any content or feature of the Sites confers no rights or expectations on your behalf. RISE ABOVE MEDIA reserves the right, at its sole discretion, to modify, suspend or terminate any or all content or features of the Sites without notice or liability of any kind to you. RISE ABOVE MEDIA further reserves the right, at its sole discretion, to restrict or terminate your access to the Sites without notice or liability of any kind to you and for any reason whatsoever.
OWNERSHIP OF YOUR SUBMISSION
RISE ABOVE MEDIA does not claim ownership of materials you may provide to it (including feedback and suggestions) or that you post, upload, input or submit to the Sites (collectively, “Submission”). However, by your voluntary act of posting, uploading, inputting, providing or submitting your Submission you are granting RISE ABOVE MEDIA an irrevocable, transferable, nonexclusive worldwide license to use your Submission in any manner RISE ABOVE MEDIA deems appropriate including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission. RISE ABOVE MEDIA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in RISE ABOVE MEDIA’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant the foregoing license to RISE ABOVE MEDIA.
MODIFICATION OF TERMS
RISE ABOVE MEDIA reserves the right, at its sole discretion, to modify the Terms at any time and from time to time. You are responsible for regularly reviewing these terms, conditions and notices. Your continued use of the Sites constitutes your acceptance of any modification that may be made.
PERSONAL USE ONLY
You may only use the Sites for your personal entertainment, and not for any commercial purpose. By way of illustration, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Sites. The use of any such information, software, products or services on any other web Site or in any other environment of networked computers is prohibited.
You may not use the Sites for any purpose that is unlawful, prohibited by the Terms, or in any way interferes or attempts to interfere with the proper working of the Sites. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites, or that interferes with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by RISE ABOVE MEDIA to all users of the Sites.
USER ONLINE CONDUCT
The Sites may contain bulletin board services, chat areas, news groups, forums, communities, or other communication facilities designed to enable you to communicate with others online. You agree to use the online facilities only to post, send and receive messages and material that are proper and related to the particular online facility. By way of example, and not as a limitation, you agree that you will not do, or attempt to do, any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, pornographic, hateful or unlawful name, material or information.
- Upload files or post or transmit information protected by copyright, trademark, trade secret or other proprietary right, unless with the express written permission of the owner of such right.
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software or programs that may damage the operation of the Sites or another person ‘s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, disseminate or transmit “spam”, unsolicited messages, chain letters, or unsolicited commercial email.
- Falsify, modify or delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations.
- Engage in any other activity deemed by RISE ABOVE MEDIA to be unacceptable, in conflict with the letter or spirit of this Agreement, or contrary to the expectations of RISE ABOVE MEDIA and its sites users.
The Sites may contain links to other web sites, which are provided solely as a convenience to you and not as an endorsement by RISE ABOVE MEDIA of the contents of such other web sites. RISE ABOVE MEDIA shall not be responsible for the content of any other web sites and it makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
Software (if any) that is made available to download from the Sites, excluding software that may be made available by end-users through an online facility (”Software”), is the intellectual property of RISE ABOVE MEDIA, and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (”License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, RISE ABOVE MEDIA hereby grants to you, the user, a personal, nontransferable, nonexclusive license to use the Software for viewing and use in accordance with these Terms, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by RISE ABOVE MEDIA and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
DISCLAIMER/LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF THE RISE ABOVE MEDIA SITE IS AT YOUR SOLE RISK. THE SITES, ALL MATERIALS ON THE SITES, AND ALL PRODUCTS AND SERVICES OFFERED VIA THE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RISE ABOVE MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NEITHER RISE ABOVE MEDIA NOR ANY OF OUR RESPECTIVE AGENTS OR CONTRACTORS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER RISE ABOVE MEDIA NOR ANY OF ITS RESPECTIVE AGENTS OR CONTRACTORS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SERVICES, PRODUCTS OR MATERIALS ON THE SITES WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO YOUR SYSTEM. RISE ABOVE MEDIA DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE USING THE SITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL RISE ABOVE MEDIA BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES OR MATERIALS OR FUNCTIONS ON THE SITES, REGARDLESS OF WHETHER RISE ABOVE MEDIA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT LIABILITY IS FOUND DESPITE THIS PARAGRAPH, THE TOTAL LIABILITY OF RISE ABOVE MEDIA AND/OR ANY OF ITS AGENTS, CONTRACTORS, OR EMPLOYEES TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE SHALL BE LIMITED TO $100. Applicable law may not allow the disclaimer or exclusion of implied warranties or of incidental or consequential damages, so the above disclaimers and exclusions may not apply to you.
Applicable law may not allow the disclaimer or exclusion of implied warranties or of incidental or consequential damages, so the above disclaimers and exclusions may not apply to you.
You hereby agree to indemnify and hold harmless RISE ABOVE MEDIA, its affiliates, officers, directors, and agents, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of this Agreement.
This agreement is governed by the laws of The Netherlands. You hereby consent to the exclusive jurisdiction and venue of courts in Amsterdam in all disputes arising out of or relating to the Agreement or your use of the Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RISE ABOVE MEDIA as a result of this Agreement or use of the Sites. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and RISE ABOVE MEDIA with respect to the Sites. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RISE ABOVE MEDIA with respect to the Agreement. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other (business) documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES
All content of the Sites is Copyright © 2001 RISE ABOVE MEDIA, or the respective copyrights of its suppliers. All trademarks on this site are the trademarks of their respective owners. All rights not expressly granted by this Agreement are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to RISE ABOVE MEDIA at the address provided below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
RISE ABOVE MEDIA,
Room 17-18, 10/F
39 Lung Sum Ave
N.T. Hong Kong