This Internet web site, http://www.cliffhangerfalls.com (hereinafter the “Site”) is designed, maintained and published by Brazen Webdesign, Inc., a company having its registered offices at 312740 S. Pflumm, Olathe, Kansas 66062. This website is owned by Cliffhanger Falls, LLC, a company having its registered offices at 312740 S. Pflumm, Olathe, Kansas 66062. This Site is accessible via the Internet to all Internet users (hereinafter “Users”). Users’ use of this Site is subject to the following terms and conditions (hereinafter “Terms”). If you do not agree with all of these Terms, please exit this Site now. By using this Site, you agree to comply with, and to be bound by these Terms. These Terms may from time to time be revised by updating this posting, with the revised terms taking effect for all Users as of the date of posting. Consequently, Users should consult the Terms regularly for any changes.
A. Intellectual Property The Site in its entirety, as well as its component parts, including but not limited to software, code, text, photographs, structures, graphics, images, illustrations, icons, texts, video clips, video episodes, active desktops, audio files, trademarks, written and other materials, etc (hereinafter “Site Material”) are creative works protected by copyrights, trademarks, and/or other intellectual property rights worldwide, and are, unless otherwise noted, the sole property of the Site. Videos that are submitted or uploaded to the Site by Users are herein referred as “User Submissions”. Users retain all ownership rights in User Submissions. However, by submitting User Submissions to the Site, Users grant the Site a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and the Site’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. Users also hereby grant all other Users of the Site a non-exclusive license to access the User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Site and under this Terms of Use Agreement. The above licenses by Users terminate within a commercially reasonable time after a User removes or deletes a User Submission from the Site.
B. Trademarks In general, all trademarks, logos and service marks (collectively “Trademarks”) which appear on this Site are registered and unregistered trademarks of the Site or its affiliates or are licensed for use by the Site by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Reproduction, distribution, transmission, modification or use of any Trademark displayed on the Site, or any other content on the Site except as provided herein, is strictly prohibited.
E. Links Links to other web sites operated by third parties not affiliated with this Site may be indicated on the Site. The inclusion of any link to such third party sites does not imply endorsement by this Site of those sites. Users may not create and/or establish a link to the Site or any pages of the Site without prior written authorization from the Site. Any third-party site with links to this Site shall not be under the control of this Site. The Site declines any liability concerning access to and content of such sites. Linking to any other off-site pages or third party sites is at Users’ own risk.
F. Privacy Policy This Site has established a Privacy Policy in respect of the confidence its Users place in it and in conformity with high standards of data protection to which it is committed. By accessing and using this Site, you consent to the collection, use and disclosure of your information by the Site, as disclosed hereinafter: 1. The Personal Information the Site Collects The pages of this Site are displayed for informational, promotional and entertainment purposes only. The Users can use this Site without providing their identity or any personal information. The Site may however request Users personal information, when they are making a request, submission or registration for services from the Site, including but not limited to, Users submission of video clips, video episodes, audio, text, written material or other uploaded data. The term “personal information” shall apply to all personal information, including but not limited to the Users’ legal name, e-mail address, telephone number, postal address, city, state, password and/or Site user name, disclosed by the User to the Site. Any personal information Users make available to the Site is done so voluntarily, with Users’ knowledge and consent when making a request, submission or registration for services from the Site. Registration forms contain both mandatory fields (indicated with an asterisk (*)) and non-mandatory fields; if Users choose not to complete the mandatory fields then the Site may not be able to respond to User requests or activate User option choices. 2. The Use of Personal Information Provided by Users Personal information provided by Users on the registration form will be made accessible to duly authorized Site personnel and occasionally to persons or companies who carry out internal operations in relation to the Site’s business. All such persons are subject to confidentiality agreements and the respect of Users’ privacy. The Personal information made available by Users will be used to provide the requested services and may be used both for marketing research purposes relating to the Site’s business and to provide information relating to its products, events and video episodes. 3. Sharing by the Site of Users’ Personal Information with other Entities Other than as stated above, the Site will not utilize Users’ personal data for unsolicited communications. The Site, or its affiliates, will not sell, rent or otherwise make available any personal data submitted to us to any third parties unless it is to our legal advisors or where so required by law or a court decision. The Site will use its best endeavors to ensure that such data is kept secure at all times. 4. Removal of Personal Information In all cases and on request, the Site will remove a User’s personal information from its database thereby cancelling the User’s registration to any of the Site’s services. 5. Modification and Update of Privacy Policy From time to time, the Site may amend this Privacy Policy in accordance with United States Law. Our Privacy Policy can be consulted at any time from our Site.
G. Users Submissions Any communication or material Users transmit to the Site by electronic mail or otherwise, excluding personally identifiable data about themselves, including, but not limited to, any data (video submissions, video episodes, audio, photographs, text or other written materials, etc.), questions or answers, comments, suggestions, or the like (“Submission”) will be treated as non-confidential and non-proprietary by the Site. By sending Submissions to the Site, Users automatically grant the Site a royalty-free, perpetual, irrevocable non-exclusive license under all their intellectual property rights in the Submission, to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such Submission(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything Users transmit may be used by the Site and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information. THE SITE OR ANY OF ITS EMPLOYEES OR AFFILIATES DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN THE SITE’S MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO THE SITE. SO, PLEASE DO NOT SEND UNSOLICITED IDEAS TO THE SITE OR ANYONE AT THE SITE OR ITS AFFILIATES. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT YOU WILL LOSE ANY CONFIDENTIAL OR PROPRIETARY RIGHTS TO SUCH IDEAS AND MATERIALS.
H. Disclaimer The information on this site is intended for information, promotional and entertainment purposes only. Site material may not be suitable for all ages. The Site tries to ensure that the information on this website is accurate and complete. The Site does not warrant or represent that Site Material is accurate, error-free or reliable or that Users prohibited use of Site Material will not infringe rights of third parties. Users’ use of the Site is at Users’ risk. The Site does not warrant that the functional aspects of the Site or Site Material will be error free or that this Site, Site Material or the server that makes it available will at all times be free of viruses or other harmful components. If Users’ use of this Site, or Site Material results in the need for servicing or replacing property, material, equipment or data, the Site is not responsible for those costs. Without limiting the foregoing, everything on the Site is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. The Site makes no warranties about Site Material, software text, downloads, graphics, and links, or about results to be obtained from using the Site.
I. Termination Users agree that the Site may terminate, at any time, Users’ use of the Site if the Site reasonably believes that Users have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of the Site or of any third party, or for any reason without prior notice to Users. Users agree that the Site may modify or discontinue this Site, with or without notice to Users. Users agree that the Site or its affiliates will not be liable to Users or any third party as a result of such modification or discontinuation. The provisions entitled “Disclaimer”, “Limitation of Liability” and “General Provisions” will survive termination of this Agreement. Users further understand that should the Site sale, transfer, or otherwise assign the Site to any third party, the rights held by the Site to all User Submissions and videos shall fully transfer to such third party. All rights waived by Users in this Terms of Use Agreement shall continue to be waived upon such transfer.
J. Limitation of Liability Under no circumstances whatsoever shall the Site be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, even if the Site has been previously advised of the possibility of such damages, whether in an action under contract, tort (including negligence) or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on this Site. Under no circumstances whatsoever shall the Site be liable for any injuries or damages that result from individuals performing, filming, stunt work or other production of videos submitted or to be submitted to the Site. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Users.
K. Waiver The waiver by the Site of a breach of any provision of this Agreement will not operate to be interpreted as a waiver of any other or subsequent breach.
L. Severability If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with United States law to the greatest extent possible. If any of the terms of this Agreement become or are declared to be illegal or otherwise unenforceable by any Court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect.
M. General Provisions Unless otherwise specified, the information and materials in the Site are presented solely for the purpose of promoting products and services of the Site. The Site makes no representation that Site Material is appropriate or available for use in every country of the world. Users use this Site at Users’ own risk and are responsible for compliance with applicable local laws, keeping in mind that access to Site Material may not be legal by certain persons or in certain countries.
N. Disputes Between the Site and Users, any cause of action one party may have with respect to this Site must be commenced within two years after the claim or cause of action arises or such claim or cause of action is barred.
O. Jurisdiction These terms will be governed by and construed in accordance with the laws of the United States without regard to its conflicts of law provisions. All disputes will be submitted to the exclusive jurisdiction of the competent courts of Johnson County, Kansas, United States.
