TermsOfUse

Terms of Use

Last Updated: November 17, 2006

Welcome to this website, a service of Horror Entertainment, LLC ("FEARnet™," "we," or "us"). Please read this Visitor Agreement before you use this website. By using this website, you agree to abide by the terms of this Visitor Agreement. If you don’t agree to these terms, then please don’t use this website. We may change the terms of this Visitor Agreement from time to time. By continuing to use the website after we post any changes, you accept and agree to this Visitor Agreement, as modified.

This Visitor Agreement applies to the website(s) owned and operated by FEARnet on which it is posted. Some FEARnet websites may have different or additional terms for their respective visitor agreements, terms of use, subscriber agreements, privacy policies, or other terms and policies. In these cases, those agreements, terms, and policies apply to those sites. By accessing any other FEARnet website, you agree to abide by each website’s applicable visitor agreement, terms of use, subscriber agreement, privacy policy, or other terms and policies.

Privacy

FEARnet respects the privacy of our visitors to and users of this website. Please review our Privacy Statement.

Feedback

We invite you to send in your questions or comments about this website, or to bring to our attention any material you believe to be inaccurate. You may provide general feedback using the Feedback forms found on the website. If you would like to communicate with us directly, you may do so using the Contact Us forms found on the website, and we will, if appropriate, respond to you.

Content and Linking

FEARnet is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by FEARnet or its licensors.

Although we make this website freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the website. The materials available through this website are the property of FEARnet or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this Visitor Agreement, FEARnet and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on this website in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on this website and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this website should be sent to FEARnet, One Comcast Center, 28th Floor, Philadelphia, PA 19103-2838, Attention: Director of Online Content: FEARnet.com.

We welcome links to the homepage of our website. You are free to establish a hypertext link to the homepage of this site so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by FEARnet. We do not permit framing or inline linking to our website or any portion of it. In addition, the hypertext link may only include the word “FEARnet.com”, and may not include any other trademark, service mark, logo or other source indicator without the prior written consent of FEARnet.

Trademarks

We don't want anyone to be confused as to which materials and services are owned or provided by FEARnet and which aren't. Except as set forth above, you may not use any trademark, service mark, logo or other source indicator appearing on this website without the prior written consent of the owner of the mark. FEARNET and the FEARNET design logo are trademarks and/or service marks of Horror Entertainment, LLC. Other trademarks appearing on this website or other sites linked to from this website are the property of their respective owners and may not be used without the prior written consent of such owners.

Ordering Products and Services

You may in certain instances be able to order certain FEARnet products and services through this website. All orders you make through this website are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice. Please fully read the terms and disclaimers accompanying any products or services that you order through this website.

Submissions and Postings; Disclosure

You are solely responsible for any information or material that you submit or post on this website (each, a “Submission”), and the consequences of posting or publishing such Submissions. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions (including, without limitation, consent and permissions from all identifiable persons in any Submission) to use and authorize FEARnet to use all trademark, copyright and other proprietary rights in and to any and all Submissions. By submitting a Submission to FEARnet, you hereby grant to FEARnet a worldwide, perpetual, non-exclusive, sublicensable, transferable, royalty-free and fully paid up license to use, reproduce, distribute, prepare derivative works of, display and perform the Submission in connection with this website and FEARnet’s business.

By using this website you agree not to submit, post or transmit any defamatory, abusive, obscene, pornographic, profane, scandalous, inflammatory, threatening or illegal material, or any other material that infringes on the ability of others to enjoy this website or that infringes on the rights of others, or any other material that could otherwise constitute or encourage unlawful conduct. In addition to any other rights we may have, we retain the right to deny access to anyone who we believe has violated these terms or any other term of this Visitor Agreement. You further agree not to tamper with the software or functionality of this website and not to introduce any material into this website that contains any viruses, time bombs, trojan horses, worms, cancelbots or other computer programming viruses that may damage, interfere with, intercept or expropriate any system, data or information. You may not take any action which imposes an unreasonable or disproportionately large load on FEARnet’s infrastructure, including, but not limited to, “spam” or other such unsolicited mass e-mailing techniques. You may not take any action which would constitute an invasion of privacy or other violation of proprietary rights of any other user of this website. Use or distribution of tools designed for compromising privacy or security is strictly prohibited. You are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer system.

Any communications you send to this website or otherwise to FEARnet are deemed to be submitted on a non-confidential basis and become the sole property of FEARnet. FEARnet may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All such uses by FEARnet shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any such communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of such communications and without liability to that person.

Requests for Removal

We will remove, without prior notice, any Submission if properly notified that such Submission infringes on the intellectual property rights of another. We will also terminate your access to this website if you are determined to be a repeat infringer. A repeat infringer is someone who has been notified of infringing activity more than twice and/or has had a Submission removed from this Site more than twice. We also may remove, without prior notice, any Submission that comes to our attention that we, in our sole discretion, consider unacceptable or inappropriate, whether for legal or other reasons. We reserve the right (but are not obligated to) monitor any or all activity or information exchange occurring on or through this website, including but not limited to, monitoring to determine compliance with this Visitor Agreement, and monitoring to accumulate economically valuable data about usage and other behavior patterns on or related to this website. For information on privacy, see our Privacy Policy.

It is the policy of FEARnet to respond expeditiously to claims of intellectual property infringement. If you believe that your Submission or any part thereof has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on this website; (iv) your full name, address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. FEARnet’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

DMCA Coordinator
FEARnet
One Comcast Center, 28th Floor
Philadelphia, PA 19103-2838 U.S.A.
Fax: (215) 286-4292
E-mail: dmca@fearnet.com

You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.

Termination

FEARnet reserves the right at any time to terminate your use of this website and/or remove any Submission if you fail to comply in full with any term of this Visitor Agreement, or any other terms, agreements, or policies that apply to this website and the use of it, as we determine in our sole discretion.

Indemnification and Release

You agree to indemnify, defend, and hold harmless FEARnet, including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers (collectively, the “Released Parties”) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this Visitor Agreement, any hypertext link added by you to the website, any Submission made by you by any means or from any person’s use of any password you maintain with FEARnet or the website, regardless of whether such use is authorized by you, or unauthorized use of this website. Your indemnification obligation shall survive the termination of this Visitor Agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with FEARnet in connection with our defense. By using this website, or submitting any Submissions to FEARnet, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through this website or to any disputes regarding use of Submissions submitted to FEARnet.

Disclaimer of Warranties and Liability

YOU AGREE THAT YOUR USE OF THIS WEBSITE AND POSTING OF SUBMISSIONS IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

THIS WEBSITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." FEARNET AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL FEARNET (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF FEARNET AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF FEARNET (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO FEARNET FOR THE USE OF THE WEBSITE.

Miscellaneous

To obtain access to certain services on our website, you may be required to register. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. FEARnet reserves the right to reject or terminate any user name that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.

This Visitor Agreement has been made in and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. By using this website, you consent to the exclusive jurisdiction of the state and federal courts in Philadelphia, Pennsylvania, in all disputes arising out of or relating to this Visitor Agreement or this website. In the event that any portion of this Visitor Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

By using this website, you agree to abide by the terms of this Visitor Agreement. We hope you enjoy using this website, and we welcome suggestions for improvements.