WEBSITE TERMS OF USE AND NOTICES

Terms of use


WEBSITE TERMS OF USE AND NOTICES


LAST UPDATE: July, 2005


1. AGREEMENT BETWEEN YOU AND SCHUPIE PRODUCTIONS, INC.


The Schupie Productions Inc. Web Site is made up of various Web sites and Web Pages created and operated by Schupie Productions, 13 Bonnie Briar Road, Yonkers, New York, 10710. The Terms of Use and Notices applies to all Schupie Productions, Inc. Web Sites [hereinafter "Schupie Sites"] and does not apply to the content or scope of any third parties.


Schupie Sites are offered only upon condition of your total acceptance of the within Terms and Conditions and Notices, without modification or alteration of any kind. The payment of any registration fee or charge or your use of Schupie Sites constitutes your express agreement with all Terms and Conditions and Notices stated herein. You also agree with any updates, or additional terms as may be incorporated hereafter. This agreement contains DISCLAIMERS OF WARRANTIES AND LIABILITY [paragraph 13] and these provisions form an essential basis of the bargain between you and Schupie Productions, Inc. (also simply referred to as “Schupie”).


Schupie Productions reserves the right to change, modify or alter, without prior notice, the Terms, Conditions and Notices under which Schupie Sites are offered/provided to users; including but not limited to any registration, or user, fee. You are responsible to review, from time-to-time, all terms and conditions, including any additional terms posted on any Web Site. Your continued use and payment of any registration fee constitutes your full acceptance of, and agreement with, such new or different terms or conditions.

2. GENERAL


This agreement is governed by and under the laws of New York State, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Westchester County, New York, U.S.A. in all disputes arising out of or related to the use of Schupie Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Schupie as a result of this agreement or use of Schupie Sites/Services. You agree to, and shall, indemnify and hold harmless Schupie, its officers, employees and related companies (subsidiaries, if any), from any claim, liability, demand, action, award, cost or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on Schupie Sites/Services. Schupie reserves the right to disclose any personal information about you or your use of Schupie Sites/Services, including its contents, without your prior permission if Schupie has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Schupie or its related companies; (3) enforce the terms of use; (4) act to protect the interests of any party it deems advisable. Schupie’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement will prevent Schupie from exercising its right to comply with any governmental, court and law enforcement request or requirement relating to your use of Schupie Sites/Services or information provided to or gathered by Schupie with respect to such use. Schupie, its officers, employees and related companies shall not be responsible for any failure, delay in, or maintenance of, anything in connection with its Sites/Services caused or created by any act of G-d, natural disaster, war or any enemy. Any waiver or failure to enforce any section or provision of this Agreement shall not constitute a continuing waiver and Schupie shall have the right at all times to insist and enforce all terms and conditions of this Agreement. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision shall be deemed omitted and shall have no effect on the validity or enforceability of this Agreement, or any remaining provision. Unless otherwise specified, this constitutes the entire Agreement between the User and Schupie. In addition, this Agreement supercedes all prior agreements or understandings. A printed version of this agreement and of any notice given in electronic form shall be admissible in any judicial or administrative proceeding based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

3 . PERSONAL AND NON-COMMERCIAL USE LIMITATION


Unless otherwise stated, Schupie Sites/Services are intended for your personal and non-commercial use. You may not copy, keep, distribute, transmit, display, reproduce, license, create derivative works from, transfer or sell any information whatsoever, including but not limited to, software, programs, products or services obtained from this or any Schupie Productions Sites/Services of whatever kind. Under no circumstances, except with the expressed prior written consent of Schupie Productions, may you send, or cause to be sent, any automated queries of any sort to Schupie Productions Sites/Services in any commercial manner. "Automated queries" shall include but not be limited to using any software, or program, that sends any queries to any Site to determine "rank" or any other information concerning Schupie Sites.


4 . LINKS TO THIRD PARTY SITES


It is the current intent of Schupie Productions not to have any links whatsoever. However, Schupie Productions reserves the right, without further notice, to have its Sites contain images of, and links to, third party Web Sites ("Linked Sites"). Such Linked Sites will not be under the control of Schupie Productions and Schupie Productions, Inc. will/is not responsible for the contents of any Linked Sites, including without limitation any link contained in any Linked Site, or any changes or updates to a Linked Site. Schupie Productions is not responsible for web casting or any other form of transmission received from any Linked Site, nor is Schupie Productions responsible for any content, form, material/information or operation in such Linked Sites. Schupie Productions will/is provide these links to you only as a convenience, and inclusion of any links shall not imply endorsement by Schupie Productions of such Site or its contents, nor association with such operators. You are solely responsible for viewing and abiding by the privacy, statements and terms of use posted at such Linked Sites.


Any dealings with the Linked Sites or any third party (including advertisers) included within Schupie Sites/Services or participation in promotions, including the delivery of, and the payment for, goods and services, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties (including advertisers) and Schupie shall not be liable or in any way responsible for any part of any such dealings (for any goods or services) or promotions.


5 . NO UNLAWFUL OR PROHIBITED USE


As a condition, to which you expressly agree, of using any Schupie Site/Service(s), you shall not use Schupie Sites/Service(s) for any purpose that is unlawful or prohibited by these terms, conditions and notices. You shall/may not use any Schupie Site/Service(s) in any manner that may damage, disable, overburden, or impair in any manner whatsoever, any Schupie Site/Service(s) or the network(s) connected to any Schupie Site/Service(s) or interfere with any other party’s use and enjoyment of any Schupie Site/Service(s). You shall/may not attempt to gain unauthorized access to any Schupie Site/Service(s), other registrations or accounts, computer systems or networks connected to any Schupie Site/Service, through hacking, password mining or any other means. You shall/may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Schupie Sites/Service(s).


6 . USE OF SERVICES


Currently, there is no intention to carry services on Schupie Sites. However, as an accommodation, or as a modification of such Sites, services may be provided, including but not limited to news groups, forums, calendars, and/or other message or communication facilities designed to enable you to communicate with others (collectively referred to as "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example and not as a limitation, you agree that when using a Communication Service, you will not:


* Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise).


* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as privacy or publicity) of others.


* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.


* Publish, post, upload, distribute or disseminate any topic, name, material, or information that incites discrimination, hate or violence towards one person or group of persons because of their race, religion, or national origin, or that insults victims of crimes against humanity by contesting the existence of those crimes.


* Upload, or otherwise make available, files that contain images, photographs, software or other material protected by law, including but not limited to copyright, trademark, or privacy, unless you own or control the rights thereto or have received all necessary consents to do the same.


* Use any material or information, including images or photographs, which is made available through Schupie Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.


* Upload files that contain "viruses", "Trojan horses", "worms", "time bombs", "cancelbots", corrupted files, or any other similar software or program that may damage, or intend to damage, the operation of this Site, related Sites, another’s computer or property of another.


* Use of Meta tag searches on Schupie Sites.


* Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows it.


* Download, any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.


* Falsify or delete any author attributions, legal or other notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.


* Restrict or inhibit any other user from using and enjoying the Communication Services.


* Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.


* Harvest or otherwise collect information about others, including but not limited to e-mail addresses.


* Violate any applicable laws or regulations.


* Use, download or otherwise copy, or provide (whether or not for a fee or other remuneration) to a person or entity any directory of users of an Schupak Site/Service or other user or usage of information or any portion thereof.

Schupie Productions has no obligation to monitor the Communication Services. However, Schupie Productions reserves the right to review materials and/or information posted to a Communication Service and to remove any materials in its sole discretion. Schupie Productions also reserves the right to terminate your access to any and all of the Communication Services at any time, without notice, and for whatever reason whatsoever through any of its Sites.


Always use caution when giving any personal information about you or your family to any Communication Service. Schupie does not control or endorse the content, messages or information found in any Communication Service and therefore, Schupie specifically disclaims any liability with regard to a Communication Service and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitation if you download materials.


7 . DISCLOSURE OF INFORMATION


Schupie Productions reserves the right, at all times, to disclose any information as Schupie deems necessary to satisfy or comply with any law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Schupie’s sole discretion.


8 . SOFTWARE AND CONTENT AVALIABLE THROUGH SCHUPIE SITES/SERVICES


All content and software (if any) that is made available to view and/or download in connection with Schupie Sites/Services, excluding content and/or software that may be available by end-users through Communication Services, ("Software") is owned or licensed by Schupie Productions and/or its suppliers and is protected by copyright laws and international treaties. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the terms thereof.


For any Software not accompanied by a License Agreement, Schupie Productions hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Schupie Site/ Service in accordance with the Terms of Use, and for no other purpose provided you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software of an Schupie Site is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent of the law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the content, Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the content and/or Software, directly or indirectly, to any country that is subject to United States export restrictions.


9 . WARRANTY AND LIABILITY DISCLAIMER


THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVALIABLE THROUGH SCHUPIE SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO SCHUPIE SITES/SERVICES AND THE INFORMATION THEREIN. SCHUPIE AND/OR ITS RESPECTIVE SUPPLIERS, IF ANY, MAY MAKE IMPROVEMENTS AND/OR CHANGES IN SCHUPIE SITES/SERVICES AT ANY TIME WITHOUT NOTICE. ADVICE OR SUGGESTIONS RECEIVED VIA SCHUPIE SITES/SEERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, BUSINESS OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL OF YOUR CHOOSING FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR CIRCUMSTANCES OR SITUATION.


SCHUPIE PRODUCTIONS, INC., ITS OFFICER, SHAREHOLDERS AND EMPLOYEES, AND/OR ITS RESPECTIVE SUPPLIERS AND RELATED ENTITIES MAKE NO REPRESENTATIONS OR GUARANTEES ABOUT THE SUITABILITY, RELIABILITY, AVAILIABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN SCHUPIE SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SCHUPIE AND/OR ITS RESPECTIVE SUPPLIERS OR RELATED ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION OR CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT SCHUPIE PRODUCTIONS, INC. OFFERS ITS SITES ON AN “AS IS” BASIS, ”WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.


YOU SPECIFICALLY AGREE THAT SCHUPIE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERAION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT NOR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A SCHUPIE OR RELATED SITE/SERVICE. YOU SPECIFICALLY AGREE THAT SCHUPIE OR ANY RELATED ENTITY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY PARTY WHATSOEVER OR ANY INFRINGEMENT OF ANOTHER’S PROPERTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SCHUPIE OR ANY RELATED ENTITY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION SENT USING AND/OR INCLUDED IN ANY SCHUPIE SITE/SERVICE BY ANY THIRD PARTY.


IN NO EVENT SHALL SCHUPIE, ITS OFFICERS, SHAREHOLDERS AND EMPLOYEES, OR ITS RELATED ENTITIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER EVEN IF SCHUPIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATION ARE NOT PROHIBITED BY APPLICABLE LAW. SUCH DAMAGES MAY OR COULD INCLUDE WITHOUT LIMTATION, DAMAGES RESULTING FOR ANY LOSS OF USE, DATA OR PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED TO OR WITH, THE USE OR PERFORMANCE OF SCHUPIE SITES/SERVICES OR WITH THE DELAY OR INABILITY TO USE A SCHUPIE SITE/SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE OR CONTINUE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS OBTAINED THROUGH SCHUPIE SITES/SERVICES. IF YOU ARE DISSATISIFIED WITH ANY PORTION OR PART OF SCHUPIE SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST SCHUPIE PRODUCTIONS, INC OR ANY RELATED OR AFFILIATED PARTY OR ENTITY WITH RESPECT TO THIS AGREEMENT OR SCHUPIE SITE(S), THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SCHUPIE SITES/SERVICES.


10. INDEMNIFICATION


YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SCHUPIE PRODUCTIONS, INC. ITS RELATED PARTIES AND AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPOLYEES, SHAREHOLDERS, AGENTS OR OTHER REPRESENTATIVES FROM AND AGAINST ALL CLAIMS, LIABILITY, AND EXPENSES, INCLUDING ALL LEGAL FEES AND COSTS ARISING FROM OR RELATING TO (a) YOUR BREACH OF THESE TERMS OF USE; AND (b) YOUR USE OF ANY OF SCHUPIE’S SITES INCLUDING TRANSMISSION OR PLACEMENT OF INFORMATION OR MATERIAL BY YOU ON ANY SITE. This provision shall survive the termination of your right to use this or any Schupie Site.


11. STORAGE SPACE AND OTHER LIMITAIONS


When applicable, you agree that Schupie may establish limits concerning use of any Service offered on any Schupie Web Site, including without limitation the maximum number of days that e-mail messages may be retained by any Schupie Service, the maximum number of e-mail messages that may be sent from or received by a registrant/account on any Schupie Service, the maximum size of any e-mail message that may be sent from or received by any registrant/account on any Schupie Service, the maximum disk space that may be allotted on Schupie Servers on your behalf, and the number of times and duration you may access any Schupie Service in any given period of time.


You agree that Schupie has no responsibility or liability for the deletion, corruption or failure to store any message or other content maintained or transmitted by any Schupie Service. You acknowledge that Schupie reserves the right to log off registrants/accounts that are inactive for an extended period of time (to be determined solely by Schupie).


12. SCHUPIE MAKES NO WARRANTY THAT ANY SCHUPIE SERVICE WILL BE UNINTERUPTEED, TIMELY, SECURE OR ERROR-FREE.


13. TERMINATION/ACCESS RESTRICTION


Schupie reserves the right, in its sole discretion, to terminate your access to any or all Schupie Sites/Services and the related services or any portion thereof at any time, without any notice.


Schupie may also terminate or suspend your access to Schupie Sites/Services for inactivity, which is defined as failing to log into a particular Site/Service for an extended period of time, to be determined by Schupie. The amount of time that Schupie currently considers as an "extended" period of time is 90 days. This may change at any time without notice. Upon termination of the Schupie Site/Service, your right to use the Schupie Site/Service immediately ceases.


Schupie shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.


14. NO SPAM; DAMAGES

Schupie may immediately terminate any registration/account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. In addition, because damages from such causes are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Schupie liquidated damages of $5.00 (five dollars) for each separate piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your registration/account, otherwise you agree to pay Schupie actual damages, to the extent such actual damages can be reasonably calculated.