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This agreement (the "Agreement") governs your access and use of Movie Prop Sites, LLC d/b/a
"The Dented Helmet"¯, a Delaware Limited Liability Company, (the "Domain") facilities and service (the "Service"). In consideration for your right to access and use the Service, you and the Domain agree as follows:
1. ACCEPTANCE OF TERMS
By registering or use of this site, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 17 below.
2. THE SERVICE
You understand and agree that the Service is provided "AS-IS" and that the Domain assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular forums, features or services, (3) the inability to access the Service, (4) the failure or inability to post, email, private message, upload, or otherwise transmit ("Transmit" or "Transmitted") information, data, messages, directions, computer programs, pictures, audio/visual works, and or other materials (the "Content") through the Service, (4) the deletion of materials Transmitted through the Service or (5) the failure to store materials Transmitted through the Service.
3. REGISTRATION
If you choose to register, you agree that you will supply the Domain with the information requested in the registration process, ensure that the information supplied is accurate, and update the information as necessary to ensure that it remains accurate. Information supplied in the registration process, as well as other information provided to the Domain during your use of the Service is governed by the Domain's Privacy Statement. You are solely responsible for maintaining the confidentiality of your password and agree not to authorize use of your account by another. If you learn of any unauthorized use of your account or password, you agree to notify the Domain immediately and further agree you may be held liable for the conduct of those using your account and password. You are encouraged to and may change your password at any time by visiting the "Settings"¯ link.
4. CONTENT ACCESSIBLE ON THE SERVICE
Users of this Service are individually responsible for ensuring their compliance with all applicable laws, including those governing intellectual property. To the fullest extent permitted under all applicable laws, the owners and administrators of this Service disclaim all warranties and responsibilities related to the access or use of this site, which is provided on an "AS-IS" basis.
Please use caution and common sense when using the Message Board/Service.
You understand and agree that any Content Transmitted through the Service is the exclusive responsibility of the person who Transmitted it, and that you will be solely responsible for any Content that you Transmit through the Service. You acknowledge that the Domain is not responsible for, does not control, does not endorse and does not verify the Content Transmitted through the Service or available through the Service, and that it makes no guarantee regarding the reliability, privacy, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will the Domain be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content Transmitted through the Service. . You acknowledge there is no guarantee of privacy and no reasonable expectation of privacy for any Content on the Service. You acknowledge that the Domain does not pre-screen Content, but agree that the Domain shall have the right (but not the obligation) to access any Content, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, the Domain shall have the right to access any Content and remove or restrict access to any Content that violates this Agreement or that the Domain believes is otherwise objectionable.
You acknowledge and agree that the Domain may preserve or disclose any Content if it reasonably believes disclosure is required by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Domain, its users and the public.
You specifically acknowledge and agree that you shall not Transmit through the Service any Content which infringes the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights. In the event that such Content (that Content which infringes the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights) is Transmitted in any way through the Service, you shall Indemnify and hold the Service harmless for any said violation.
5. LICENSE GRANTED TO THE DOMAIN
You grant the Domain the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you Transmit through the Service, for the purposes of displaying such information on the Domain's sites and for the promotion and marketing of the Domain's services. However, the Domain will not resell, attempt to resell, or otherwise convey these rights to any third party.
6. USER CONDUCT
You agree to not use the Service to:
(a) violate or solicit the violation of any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
(c) Transmit any Content that:
(1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy;
(2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking;
(3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork;
(4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws;
(5) is the private information of another such as their addresses, phone number, Social Security number or credit card number;
(6) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(7) you do not have a right to Transmit due to contractual or other legal obligation;
(d) impersonate any person or entity, including, but not limited to, a Domain official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any
Content Transmitted through the Service;
(f) interfere with or disrupt the Service, computer servers or software accessible through the
Service;
(g) disseminate off-topic messages on forums promoting any product, service, web site, board or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties.
If you do use the Service to commit any of the above, the Domain may, at its sole discretion, terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service.
7. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE
You agree that the Domain may establish, in its sole discretion, any limitations, conditions or
rules concerning use of the Service, including, for example, the maximum number of messages a user may post to a given board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that the Domain has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
8. MODIFICATION AND TERMINATION OF SERVICE
The Domain reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that the Domain shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that the Domain, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that the Domain shall not be liable to you or any third-party for any termination of your use or ability to access the Service and that The Domain shall not be required to delete or otherwise remove accounts or Content at any time. The Domain reserves the right to take any action it deems necessary with respect to your user account and ability to use the Service.
9. OTHER WEB SITES AND RESOURCES
Third parties using the Service may provide links or access to other web sites and resources.
Because the Domain has no control over such sites and resources, you acknowledge and agree that the Domain is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Domain shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE DOMAIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
(B) THE DOMAIN MAKES NO WARRANTY THAT:
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; and
(iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY THE DOMAIN.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DOMAIN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE DOMAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS, CONDUCT, POSTINGS, EMAILS, UPLOADS, OR TRANSMISSIONS OF ANY THIRD PARTY OR OTHER USER ON THE SERVICE (including any potentially defamatory or tortious statements, or the infringement of any intellectual property rights by any third prty or other user);
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. INDEMNITY
You agree to indemnify and hold the Domain harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you Transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.
15. NOTICES
Notices to you may be made via personal messages, email, or regular mail. The Domain may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.
16. LEGAL DISPUTES
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. MODIFICATION
The Domain may amend this Agreement at any time. All amendments shall automatically be effective 30 days after they are initially posted on the site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in writing by a proven officer of the Domain. This Agreement was last modified on April 12, 2010.
18. GENERAL
This Agreement constitutes the entire agreement between you and the Domain with respect to the Service and supersedes all prior agreements and understandings between you and the Domain. The Domain's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
19. COMMUNICATIONS
All communications to Movie Prop Sites d/b/a The Dented Helmet regarding this
Agreement shall be addressed as follows:
Registered Agent
Movie Prop Sites, LLC
225 South State Street
Dover, Delaware 19901
20. INTEGRATION
This Agreement, including its attachments, if any, represents the entire and integrated Agreement between the User and Movie Prop Sites, LLC d/b/a The Dented Helmet, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both User and Movie Prop Sites, LLC, and is binding upon the Parties, their successors and assigns.
21. SEPARABILITY
If any section, paragraph sentence or clause of this Agreement is determined or declared to be invalid or unenforceable by any court of competent jurisdiction, the remainder hereof shall remain in full force and effect.
22. BINDING EFFECT
This Agreement shall be binding upon the Parties hereto, their administrators, successors, principals, agents, and assigns. In the event that this Agreement is entered into by an Agent or Employee of any Artificial Entity, said Agent or Employee shall be deemed to have Actual and Apparent Authority to enter into this Agreement on behalf of the Principal/Employer/Artificial Entity, and this Agreement shall be binding on the Principal/Employer/Artificial Entity.
23.CONTRA PROFERENTUM
The fact that one party has drafted this Agreement shall in no way be used against that party in construing the terms, condition, and obligations hereunder.
24. GOVERNING LAWS
For the purpose of this Agreement the governing laws of the State of Delaware, USA, shall apply notwithstanding the fact that one or more Parties may now or later become a resident of another state.
25. JURISDICTION AND VENUE
By signing of this Agreement, the Parties hereto consent to the exclusive jurisdiction and venue of courts in Kent County, Delaware, USA, in all disputes arising out of or relating to this Agreement.
26. HEADINGS
Headings and captions used herein are solely for the convenience of the Parties and shall have no legal significance in construing the terms of this Agreement.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS, AND FURTHER AGREE TO HOLD THE OWNERS AND ADMINISTRATORS OF THIS SITE HARMLESS FROM ANY LIABILITY WHATSOEVER RELATED TO THE ACCESS OR USE OF THIS SITE, OR ANY INFORMATION OR MATERIALS APPEARING ON THIS SITE.
Thedentedhelmet.com is committed to respecting and protecting your privacy. Should you choose to provide your Email address or any other personal information on any of the forms found on our site, you can be assured that it will only be used to support your relationship with thedentedhelmet.com. This privacy policy is intended for all users of thedentedhelmet.com.
1. WHAT INFORMATION DOES THE DENTED HELMET COLLECT?
The Dented Helmet collects information from you when you register on The Replica Prop Forum or fill out a form. Like most websites, The Dented Helmet uses cookies and/or web beacons to enhance your experience, gather general visitor information, and track visits to our website. Please refer to the ‘does The Dented Helmet use cookies' section below for information about cookies and how we use them.
2. WHAT DOES THE DENTED HELMET USE YOUR INFORMATION FOR?
Any of the information The Dented Helmet collects from you may be used in one of the following ways:
• To personalize your experience
(your information helps us to better respond to your individual needs)
• To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
• To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
• To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
3. HOW DOES THE DENTED HELMET PROTECT YOUR INFORMATION?
The Dented Helmet implements a variety of security measures to maintain the safety of your personal information when you access your personal information. After a transaction, your private information will not be stored on our servers.
4. DOES THE DENTED HELMET USE COOKIES?
Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information). The Dented Helmet uses cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. The Dented Helmet may use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. The Dented Helmet chooses to include information about Google and the DoubleClick DART cookie in its privacy policy. Google, as a third party vendor, uses cookies to serve ads on our site, thedentedhelmet.com. Google's use of the DART cookie enables it to serve ads to our users based on their visit to thedentedhelmet.com and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
5. DOES THE DENTED HELMET DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?
The Dented Helmet does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
6. THIRD PARTY LINKS
Occasionally, at our discretion, The Dented Helmet may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
7. CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE
The Dented Helmet is in compliance with the requirements of COPPA (Children's Online Privacy Protection Act),we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
8. ONLINE PRIVACY POLICY ONLY
This online privacy policy applies only to information collected through our website and not to information collected offline.
9. TERMS AND CONDITIONS
Please also visit The Dented Helmet’s Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at The Dented Helmet Terms of Service
10. YOUR CONSENT
By using thedentedhelmet.com you consent to our web site privacy policy.
11. CHANGES TO OUR PRIVACY POLICY
If The Dented Helmet decides to change its privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below. This policy was last modified on 04/22/2010
12. CONTACTING THE DENTED HELMET
If there are any questions regarding this privacy policy you may contact us using the information below.
www.thedentedhelmet.com
admin@thedentedhelmet.com
