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Terms of Service 1. Your Acceptance BY USING Lizardo Productions Services AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Lizardoproductions.com domain name, the "Lizardo Productions Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF LIZARDO PRODUCTIONS'S PRIVACY NOTICE. If you do not agree to any of these terms, then please do not use the Lizardo Productions Website or services. 2. Lizardo Productions Website These Terms of Service apply to all users of the Lizardo Productions Website, including users who are also contributors of video content, information, and other materials or users of Lizardo Productions services on the Website. The Lizardo Productions Website may contain links to third party websites that are not owned or controlled by Lizardo Productions. Lizardo Productions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Lizardo Productions will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Lizardo Productions from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Lizardo Productions Website and to read the terms and conditions and privacy policy of each other website that you visit. 3. Website Access A. Lizardo Productions hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Website in any medium without Lizardo Productions's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Lizardo Productions immediately of any breach of security or unauthorized use of your account. Although Lizardo Productions will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Lizardo Productions or others due to such unauthorized use. C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Lizardo Productions servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Lizardo Productions grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Lizardo Productions reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. 4. Services Lizardo Productions hereby grants you permission, upon receipt of payment for said services, to use recording and other performance capturing services as outlined on the Website to create your User Submissions. These services are intended to assist you in capturing and packaging your own original material (User Submissions) and making it suitable for distribution in popular formats. 5. Intellectual Property Rights The content on the Lizardo Productions Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Lizardo Productions, subject to copyright and other intellectual property rights under Canadian, United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Lizardo Productions reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Lizardo Productions Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Lizardo Productions Website or the Content therein. 6. User Submissions A. The Lizardo Productions Website may now or in the future permit the submission of videos, audio, or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Lizardo Productions does not guarantee any confidentiality with respect to any submissions. B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Lizardo Productions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Lizardo Productions, you hereby grant Lizardo Productions 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 Lizardo Productions Website and Lizardo Productions's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Lizardo Productions Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Lizardo Productions Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Lizardo Productions Website. C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Lizardo Productions all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Lizardo Productions or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Lizardo Productions does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Lizardo Productions expressly disclaims any and all liability in connection with User Submissions. Lizardo Productions does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Lizardo Productions will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Lizardo Productions reserves the right to remove Content and User Submissions without prior notice. Lizardo Productions will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Lizardo Productions also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Lizardo Productions may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. D. You understand that when using the Lizardo Productions Website, you will be exposed to User Submissions from a variety of sources, and that Lizardo Productions is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Lizardo Productions with respect thereto, and agree to indemnify and hold Lizardo Productions, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. F. Lizardo Productions permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Lizardo Productions provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Lizardo Productions website on the pages containing the Embeddable Player. Lizardo Productions reserves the right to discontinue any aspect of the Lizardo Productions Website at any time. 7. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE LIZARDO PRODUCTIONS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LIZARDO PRODUCTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LIZARDO PRODUCTIONS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LIZARDO PRODUCTIONS WEBSITE. LIZARDO PRODUCTIONS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LIZARDO PRODUCTIONS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LIZARDO PRODUCTIONS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 8. Limitation of Liability IN NO EVENT SHALL LIZARDO PRODUCTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LIZARDO PRODUCTIONS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LIZARDO PRODUCTIONS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Lizardo Productions from its facilities in Canada. Lizardo Productions makes no representations that the Lizardo Productions Website is appropriate or available for use in other locations. Those who access or use the Lizardo Productions Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 9. Indemnity You agree to defend, indemnify and hold harmless Lizardo Productions, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Lizardo Productions Website and Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Lizardo Productions Website and Services. 10. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Lizardo Productions Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Lizardo Productions Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. 11. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lizardo Productions without restriction. 12. General You agree that: (i) the Lizardo Productions Website shall be deemed solely based in Ontario; and (ii) the Lizardo Productions Website shall be deemed a passive website that does not give rise to personal jurisdiction over Lizardo Productions, either specific or general, in jurisdictions other than Ontario. These Terms of Service shall be governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. Any claim or dispute between you and Lizardo Productions that arises in whole or in part from the Lizardo Productions Website and Services shall be decided exclusively by a court of competent jurisdiction located in Ottawa, Ontario. These Terms of Service, together with the Privacy Notice below and any other legal notices published by Lizardo Productions on the Website, shall constitute the entire agreement between you and Lizardo Productions concerning the Lizardo Productions Website and Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Lizardo Productions's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Lizardo Productions reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Lizardo Productions Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND LIZARDO PRODUCTIONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LIZARDO PRODUCTIONS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13. YOUTUBE.COM AND RELATED SITES IF YOU HAVE CHOSEN A LIZARDO PRODUCTIONS PACKAGE WITH A MUSIC VIDEO UPLOAD ON YOUTUBE.COM, YOU HEREBY AGREE WITH THE TERMS OF SERVICE at http://www.youtube.com/t/terms. YOU AGREE THAT LIZARDO PRODUCTIONS IS NOT RESPONSIBLE IN ANY WAY, SHAPE, OR FORM, FOR ANY AND ALL ASPECTS OF YOUTUBE.COM. YOU ALSO AGREE THAT LIZARDO PRODUCTIONS CAN NOT GUARANTEE ANY AMOUNT OF SUCCESS OR ANY NUMBER OF VIEWS ON YOUTUBE.COM OR OTHER SITES AND YOU IDEMNIFY AND HOLD LIZARDO PRODUCTIONS HARMLESS FROM ANY ACTIONS OR INACTIONS RESULTING FROM UPLOADS TO YOUTUBE.COM OR OTHER WEB SITES.
14. DISCRETION LIZARDO PRODUCTIONS RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REJECT ANY ARTIST(S), REFUSE TO POST ANY CONTENT DEEMED INAPPROPRIATE FOR ANY OR NO REASON, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY.
LIZARDO PRODUCTIONS'S PRIVACY NOTICE Lizardo Productions, Inc. ("Lizardo Productions") recognizes that its customers, visitors, users, and others who use www.lizardoproductions.com or other web sites owned or operated by Lizardo Productions (the "Lizardo Productions Sites") (collectively or individually "Users") value their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the Lizardo Productions Sites. Lizardo Productions provides this Privacy Notice to help you make an informed decision about whether to use or continue using the Lizardo Productions Sites. The Information Lizardo Productions Collects
The Way Lizardo Productions Uses Information
When Lizardo Productions Discloses Information
Your Choices You may, of course, decline to submit personally identifiable information through the Lizardo Productions Sites, in which case Lizardo Productions may not be able to provide certain services to you. You may update or correct your personal profile information and email preferences at any time by visiting your account profile page. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times. Please contact Lizardo Productions with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices. Third-party Advertisers, Links to Other Sites Lizardo Productions allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Lizardo Productions Sites. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Lizardo Productions Sites. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see. Lizardo Productions does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks Lizardo Productions to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Lizardo Productions Sites, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. Lizardo Productions's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.
Our Commitment To Data Security Lizardo Productions uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Lizardo Productions and you do so at your own risk. Once we receive your transmission of information, Lizardo Productions makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Lizardo Productions learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Lizardo Productions may post a notice on the Lizardo Productions Sites if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. Our Commitment To Childrens' Privacy Protecting the privacy of young children is especially important. For that reason, Lizardo Productions does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Lizardo Productions Sites from persons under 13 years of age, and no part of our website is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Lizardo Productions Sites at any time or in any manner. If Lizardo Productions learns that personally identifiable information of persons under 13 years of age has been collected on the Lizardo Productions Sites without verified parental consent, then Lizardo Productions will take the appropriate steps to delete this information. Special Note to International Users The Lizardo Productions Sites are hosted in Canada and are intended for and directed to Users in Canada and the United States. If you are a User accessing the Lizardo Productions Sites from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Canadian laws, please be advised that through your continued use of the Lizardo Productions Sites, which are governed by Canadian Law. You are transferring your personal information to Canada and you consent to that transfer. In the Event of Merger, Sale, or Bankruptcy In the event that Lizardo Productions is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used. Changes and updates to this Privacy Notice This Privacy Notice may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the Lizardo Productions Sites constitutes your agreement to this Privacy Notice and any future revisions. For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information. January 2007 |
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