Meherio Productions
This Site (as defined below) is owned and operated by Meherio Productions ("MEHERIO"). These terms of service (the "Terms of Service" or "TOS") apply to and govern your use of this site. By using this Site you warrant that you have legal capacity to enter into the agreement set out in the Terms of Service (i.e. that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). Your use of the Site signifies your agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Site. Before using the Site, please review the related MEHERIO Privacy Policy (the "Privacy Policy").
License to the Site
MEHERIO grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with this TOS. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this TOS.
Changes to Site and/or Terms and Conditions of Service
MEHERIO reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this TOS, in whole or in part, at any time. Changes to this TOS will be effective when posted. You agree to review this TOS periodically to be aware of any changes. You can determine when this TOS was last revised by referring to the "Last Revised" note at the top of this TOS. Your continued use of the Site after any changes to this TOS are posted will be considered acceptance of those changes.
Trademarks, Copyrights & Restrictions
All trademarks, service marks, and trade names are proprietary to MEHERIO. You should assume that everything you see or read on the Site is protected under federal and state law unless otherwise noted. Except as otherwise provided herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any materials from this Site without the prior written permission of MEHERIO. However, you may download or make one copy of the Site Materials, and other downloadable items displayed on the Site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Site Materials are left intact. Any modification of the Site Materials, or any portion thereof, or use of the Site Materials for any other purpose constitutes an infringement of MEHERIO's copyrights and other proprietary rights. Use of the Site Materials on any other website or other networked computer environment is prohibited without prior written permission from MEHERIO.
No Resale/Exploitation
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.
Non-United States Residents
MEHERIO makes no representation that the Site Materials, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access the Site from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
Jurisdictional Issues
The Site is controlled and operated by MEHERIO from its offices within the State of California, United States. MEHERIO makes no representation that materials in the Site are appropriate or available for use in other locations.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MEHERIO BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SITE MATERIALS EVEN IF MEHERIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MEHERIO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. es listed at such site.
Miscellaneous
This TOS constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. This TOS may not be amended, nor any obligation waived, without MEHERIO's written authorization. Any failure to enforce any provision of this TOS shall not constitute a waiver thereof or of any other provision thereof.
This TOS shall be governed and construed in accordance with the laws of the State of California applicable to contracts entered into and fully performed in California. Any dispute or claim arising out of or relating to this TOS shall be submitted to and settled by binding arbitration conducted before a single arbitrator in Los Angeles in accordance with the Federal Arbitration Act, to the extent that such rules do not conflict with any provisions of this TOS. Said arbitration shall be under the jurisdiction of Judicial Arbitration and Mediation Services, Inc. in Los Angeles, California. Any award, order, or judgment pursuant to such arbitration shall be deemed final and binding and may be entered and enforced in any state or federal court of competent jurisdiction. Each party agrees to submit to the jurisdiction of any such court for purposes of the enforcement of any such award, order, or judgment.
You hereby irrevocably waive any right to seek and/or obtain rescission, equitable and/or injunctive relief related to MEHERIO's production, distribution, license, and/or exploitation of any of their motion pictures, television shows, commercials and/or other content; and your exclusive remedy in connection therewith shall be an action for damages.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
This Site may contain "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements reflect our current views with respect to future events and are based on assumptions and are subject to risks and uncertainties. Except for our ongoing obligation to disclose material information as required by federal securities laws, we undertake no obligation to update you concerning any future revisions to any forward-looking statements. Factors that could cause actual results to differ materially from those expressed or implied by the forward-looking statements include, but are not limited to, those risk factors contained in our filings with the Securities and Exchange Commission.