Abbot Entertainment LLC Terms of Service
The http://www.abbotent.com Web Site (the "Site") is an online information service provided by Abbot Entertainment LLC ("http://www.abbotent.com"), subject to your compliance with the terms and conditions set forth below. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. http://www.abbotent.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. (Last modified on June 15, 2009)
1. Copyright, Licenses and Idea Submissions. The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are http://www.abbotent.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You agree to grant to http://www.abbotent.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to distribute, transmit, and publicly display any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to the Site or by e-mail to http://www.abbotent.com by all means and in any media now known or hereafter developed. Screenplay Submissions are covered under our Screenplay Submission Agreement. You also grant to http://www.abbotent.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against http://www.abbotent.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to http://www.abbotent.com.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of http://www.abbotent.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site. You understand that, except for information, products or services clearly identified as being supplied by http://www.abbotent.com, http://www.abbotent.comdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for http://www.abbotent.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with http://www.abbotent.com. You also understand that http://www.abbotent.com cannot and does not guarantee or warrant that the Site and it's contents will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. http://www.abbotent.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND http://www.abbotent.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. http://www.abbotent.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. http://www.abbotent.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
3. LIMITATION OF LIABILITY IN NO EVENT WILL http://www.abbotent.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF http://www.abbotent.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, http://www.abbotent.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
http://www.abbotent.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-http://www.abbotent.com web site, please understand that it is independent from http://www.abbotent.com, and that http://www.abbotent.com has no control over the content on that web site. In addition, a link to a http://www.abbotent.com web site does not mean that http://www.abbotent.com endorses or accepts any responsibility for the content, or the use, of such web site.
4. Indemnification. You agree to indemnify, defend and hold harmless http://www.abbotent.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
5. Intellectual Property This Agreement does not transfer from abbotent.com to you any abbotent.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with abbotent.com. Abbotent.com logo, and all other trademarks, service marks, graphics and logos used in connection with abbotent.com are trademarks or registered trademarks of abbotent.com or abbotent.com's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any abbotent.com or third-party trademarks.
6. Responsibility of Website Visitors. By operating the Website, abbotent.com does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. abbotent.com disclaims any responsibility for any harm resulting from the use by visitors of the Website.
7. Copyright Infringement and DMCA Policy. As abbotent.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by abbotent.com violates your copyright, you are encouraged to notify abbotent.com in accordance with common DMCA policies. abbotent.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of abbotent.com or others, abbotent.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, abbotent.com will have no obligation to provide a refund of any amounts previously paid to abbotent.com.
8. Contribution to Website. If you leave comments anywhere on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to abbotent.com for inclusion on our Website, you grant abbotent.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
Without limiting any of those representations or warranties, abbotent.com has the right (though not the obligation) to, in abbotent.com's sole discretion (i) refuse or remove any content that, in abbotent.com's reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in abbotent.com’s sole discretion. abbotent.com will have no obligation to provide a refund of any amounts previously paid under these circumstances.
9. Changes abbotent.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. abbotent.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination abbotent.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SocialEngine.net client account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by abbotent.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from abbotent.com's notice to you thereof; provided that, abbotent.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties The Website is provided "as is". abbotent.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither abbotent.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability In no event will abbotent.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to abbotent.com under this agreement during the twelve (12) month period prior to the cause of action. abbotent.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14.Miscellaneous This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between http://www.abbotent.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court in Los Angeles County, California, in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. http://www.abbotent.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. http://www.abbotent.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Abbot Entertainment Development Department Software - End User License Agreement
Hereafter, "Software" refers to the SocialEngine application, "Licensor" refers to abbotent.com, "License" refers to this document, and "Licensee" refers to the party that received this license after having downloaded this Software and paying the required fee as determined by the Licensor.
This License governs use of the accompanying Software, and your purchase and use of the Software constitutes your acceptance of this License and all of its contents and stipulations.
THIS SOFTWARE IS NOT FREEWARE NOR SHAREWARE. IT IS A COMMERCIALLY LICENSED PRODUCT. IT MUST BE PURCHASED FROM THE LICENSOR FOR USE BY ANY INDIVIDUAL OR PARTY, AND IS SUBJECT TO THE FOLLOWING TERMS:
The Software may under no circumstances be distributed to any third party or individual.
The Software may be used to serve multiple users, but they must not be given access to its source code or other internal resources. Distribution of these resources is illegal.
The Software may not be resold by any means without expressed permission from the abbotent.com.
The software may only be used for one (1) installation, with the exception of a single development copy. The development installation must be accessible only to the license holder and commissioned developers, and not accessible to the general public.
Licensee is entitled to create derivative works of Software, however they may NOT resell nor distribute their derivative work in any way, nor offer any form of service where Software is provided to clients as a hosted solution.
The purchase of Software entitles the Licensee to 30 days of technical support from abbotent.com. The support shall be provided mainly by means of an electronic ticketing system, or at the sole discretion of abbotent.com may be provided by other means of communication such as telephone and/or electronic mail (E-Mail).
Support shall ONLY be provided for the following issues:
Initial Software installation
Initial plugin installation, provided plugins are not third-party.
Errors encountered during the normal use of unmodified Software
Requests for professional installation, provided a prespecified fee has been transferred by Licensee and received by abbotent.com Group. Installations will be made on a best-effort basis and performed as quickly as feasibly possible, however no guarantee of timeliness is made
Support, at its sole discretion, may provide assistance with other issues on a case-by-case basis.
Support will NOT be liable for requests involving the customization of our software including but not limited to:
The integration of third-party modules
The addition of functionality to the Software package
The customization of the graphical interface
Assistance in locating resources out of Support's realm of expertise
Support for modified Software will be provided at Support's sole discretion.
REFUSAL OF SERVICE AND BUSINESS RELATIONS abbotent.com reserves the right to cease support and/or terminate business relations in instances of libel, defamation, abuse, or harassment.
abbotent.com will terminate all support and business relations in instances of software piracy. This includes, but is not limited to "cracked", "nulled", or otherwise unlicensed versions of SocialEngine scripts or plugins.
UPGRADES abbotent.com shall provide to Licensee any new, corrected or enhanced version of the Software as created by Developer, provided the main version number (1.xx) is the same. Such enhancement shall include all modifications to the Software which increase the speed, efficiency, security or ease of use of the Software, or add additional capabilities or functionality to the Software, but shall not include any substantially new or rewritten version of the Software.
Major version upgrades (ie v1.xx to v2.xx) shall be provided at a reduced cost.
If this software is found to be stolen, distributed without permission, illegally obtained, or if the users of this software are found to be breaching any of the terms herein, the Licensor has the unconditional right to prosecute them to the fullest extent of the law.
The Licensor, its management, or any of its employees, associates, or partners cannot be held liable for any damages that this Software may cause. As the Licensee and user of the Software, you agree to accept full liability for any damages, risk, and losses involved with or incurred by the use of the Software. THE SOFTWARE AND ALL ASSOCIATED MATERIALS AND SERVICES ARE PROVIDED SOLELY ON AN "AS-IS" BASIS WITH ABSOLUTELY NO WARRANTY OF FITNESS OR MERCHANTABILITY, EXPLICIT OR IMPLIED.
Licensor shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Licensor was advised of the possibility of such losses in advance. In no event shall Licensor's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, product liability or otherwise.
This Agreement shall be construed and enforced in accordance with the laws of the state of California.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
This license must be left completely intact when this software is used, or copied for approved multi-user use. The Licensor reserves all rights not expressly granted to you in this license.
If there are any questions regarding our Terms of Service you may contact us using the information below.
PO Box 430
South Pasadena, CA 91031