MOVIE PLAN WEB SITE USER AGREEMENT
AGREEMENT BETWEEN USER AND MOVIE PLAN / TED CHALMERS
SOFTWARE / CHALMERS ENTERTAINMENT CORP. This Web site is
offered to you by TED CHALMERS SOFTWARE / CHALMERS
ENTERTAINMENT CORP., 8306 Wilshire Blvd., #710, Beverly
Hills, California 90211 (referred to as the
"Company") on the condition that you accept the
terms, conditions, and notices contained on this page and on
other pages of this Web site. YOU AGREE TO READ THESE TERMS,
CONDITIONS AND NOTICES CAREFULLY BEFORE USING THIS COMPANY'S
WEB SITE. YOU MAY NOT ACCESS OR USE THIS WEB SITE UNLESS YOU
AGREE TO THEM. By using this Web site, you acknowledge that
you have read the terms, conditions and notices in this
Agreement and you agree to accept them. The Company reserves
the right to change the terms, conditions and notices under
which this Web site is offered at any time in its sole
discretion.
PERSONAL AND NON-COMMERCIAL USE
This Web site is for your personal, non-commercial use. You
may download and copy information on this Web site for your
own personal use as long as you maintain all copyright and
other notices contained in the content. You may not
download, copy, reproduce, modify, distribute, publish,
transmit, transfer, sell, license, display, perform or adapt
any information, products or services obtained from this Web
site.
UNLAWFUL AND PROHIBITED USE
You warrant to the Company that you will not use this Web
site for any purpose that is unlawful or prohibited by the
terms, conditions or notices in this Agreement and on this
Web site.
PROHIBITED ACTIVITIES
If this Web site contains chat areas, forums, communities,
bulletin board services, news groups, e-mail service or
other message or communication facilities, you agree not use
the Web site to:
- Post or otherwise transmit any communication or
material that is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene,
invasive of another's privacy,
disruptive to the site, hateful, or racially, ethnically
or otherwise objectionable;
- Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any communication
transmitted through the Web site;
- Upload, post or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials,
"junk mail," "spam," "chain
letters," "pyramid schemes," or any other
form of solicitation except as
otherwise expressly authorized by the Company;
- Disrupt or interfere with the operation of the Web
site or any servers or networks connected
to the Web site service;
- Violate any applicable local, state, national or
international law;
- Collect or store personal data about other users.
ACCESS RESTRICTION
The Company may, in its sole discretion, deny any user
access to this Web site or any portion of the site without
notice.
INDEMNITY
You agree to indemnify and hold the Company harmless from
any and all claims, losses, damages, liabilities, costs and
expenses (including reasonable attorney's fees) which arise
out of, are connected with or directly relate to your
wrongful or unlawful use of this Web site or any breach of
any representation or warranty made by you in this
Agreement.
USE OF INFORMATION
The Company may monitor your use of this Web site. It may
use and disclose any information and material received from
you, or collected through your use of the site, for any
lawful reason or purpose.
USE OF MESSAGES
By posting messages or engaging in other communication to
the Company Web site, you grant to the Company a perpetual,
worldwide, irrevocable, non-exclusive, royalty-free license
to use, download, copy, reproduce, modify, distribute,
publish, transmit, transfer, sell, license, display,
perform, adapt and otherwise exploit such communication in
all media now known or hereafter devised. You waive all
rights to any claim against the Company for any alleged or
actual infringement of any proprietary, privacy, publicity,
moral or attribution rights in connection with such
communication.
LINKS TO OTHER WEB SITES
This Web site may contain links to Web sites operated by
parties other than the Company. The links are provided for
your convenience only. The Company does not control the Web
sites and is not responsible for the content on such Web
sites. By offering links, the Company is not implying that
it endorses anything contained on such Web sites or has any
association with the operators of the Web sites.
LIABILITY DISCLAIMER
Information or advice received from this Web site should not
be relied upon for personal, medical, legal or financial
decisions. You should consult an appropriate professional
for specific advice tailored to your situation. THE COMPANY
AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
RELIABILITY, ACCURACY, SUITABILITY OR TIMELINESS OF THE
INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THIS WEB
SITE. ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY
AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS AND
SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES
WHATSOEVER. WITHOUT LIMITING THE FOREGOING SENTENCE, THE
COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY
DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS OR LOSS OF USE IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB
SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR
ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS
WEB SITE. THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE
FOR ANY SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB
SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
FURTHER DISCLAIMER
The information presented on this Web Site is not to be
construed as legal or accounting advice in any matter or
form. The examples used are not based on any actual project,
and the hypothetical dollar amounts are shown for placement
and layout purposes only.
This Web Site does not intend to replace the necessity of
having a qualified attorney and accountant working closely
with you on the final draft of any Investment Memorandum
that you decide to submit to potential investors.
IT IS IMPERATIVE THAT BEFORE YOU SUBMIT ANY KIND OF
SOLICITATION FOR FUNDS THAT YOU SERIOUSLY CONSULT A
QUALIFIED ATTORNEY AND ACCOUNTANT. IT IS HIGHLY RECOMMENDED
THAT YOU SUBMIT ANY INVESTMENT MEMORANDUM CREATED BY THE
PRODUCT DESCRIBED ON THIS WEB SITE TO A QUALIFIED ATTORNEY
AND ACCOUNTANT BEFORE SUBMITTING IT TO ANYONE ELSE.
This Web Site may not be current in recent changes with
regard to laws relating to Investment Memorandums and
limited partnership offerings.
This Web Site does not aid or assist in any way the
preparation of a Limited Partnership Agreement.
This Web Site does not aid or assist in any way with the
creation of an actual prospectus or written offering. These
items should be created with the help of a qualified
attorney and accountant.
RELATIONSHIP
You acknowledge and agree that communications and
transmission to and from the Company Web site are not
confidential. There is no confidential, fiduciary,
contractually implied or other relationship created between
you and the Company other than as stated in this Agreement.
You agree that no joint venture, partnership, employment or
agency relationship exists between you and the Company as a
result of this Agreement or use of this Web site.
GENERAL
This Agreement is governed by the laws of the United States
and of the State of California. You consent to the exclusive
jurisdiction and venue of courts in Los Angeles County,
California U.S.A. in all disputes arising out of, or
relating to, use of this Web site. Use of this Web site is
unauthorized in any jurisdiction that does not give effect
to all provisions of the terms, conditions and notices of
this Web site and this Agreement, including this paragraph.
In the event any provision of this Agreement is determined
to be invalid, illegal or otherwise unenforceable, such
provision shall be deemed to have been deleted from this
Agreement. The remainder of this Agreement shall remain in
full force and effect according to its terms.
This Agreement contains the entire understanding and
agreement of the parties with respect to the use of this Web
site. It supersedes all prior oral or written understandings
and agreements relating to use of this Web site. Company's
waiver of any provision of this Agreement shall not be
deemed to waive it for the future.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of this Web site are Copyright © 2005-2006 Movie Plan / Ted Chalmers Software / Chalmers Entertainment
Corp. and/or its suppliers. All rights reserved. Movie Plan
and other names of The Company's products and/or services
referred to on this Web site are trademarks or registered
trademarks of The Company. Other product and company names
mentioned on this Web site may be the trademarks of their
respective owners.
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