Terms of Use

Please read these Terms of Use carefully before using the Website operated by 5ive By 5ive Studios ("5by5 Sites"). By accessing or using the 5by5 Sites, you agree to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use the 5by5 Sites.

Trademarks, Copyrights, and Restrictions
The 5by5 Sites are controlled and operated by 5ive By 5ive Studios ("5ive By 5ive ," "we," "us," or "our"). If you wish to contact us, you may contact us. The 5by5 Sites were created to be both useful and entertaining. All materials on the 5by5 Sites ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, illustrations, audio clips, and video clips, are protected by copyrights and other intellectual property rights owned and controlled by 5ive By 5ive or by other parties that have licensed their material to 5ive By 5ive. You may download and retain only a single copy of the Online Materials, solely for your personal, non-commercial use. No Online Material may be copied, reproduced, republished, modified, uploaded, posted, transmitted, distributed in any way, or otherwise used for any purpose without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the contents on the 5by5 Sites. Any unauthorized attempts to modify any Online Material, to defeat or circumvent our security features, or to utilize the 5by5 Sites for other than their intended purposes are prohibited. Please report any material on any 5by5 Site which you believe may infringe your copyright by following the standard Copyright Notice and Takedown Procedure.

Linked Sites
We have provided links to related sites for your convenience ("Linked Sites"). We do not review or endorse Linked Sites in any way whether or not 5ive By 5ive is affiliated with the sponsors of a site. We are not responsible for the content of Linked Sites or any off-site pages linked to the 5by5 Sites. You access such linked sites and off-site pages at your own risk. It is up to you to take precautions to ensure that such linked sites that you visit and the information you select on them are free of viruses, worms, vermin, trojan horses, and other items of a destructive nature. Visitors to any Linked Sites are urged and expected to abide by the Terms of Use and Privacy Policies of that particular Linked Site.

Submissions to 5by5 Sites
You may only use 5by5 Sites and their contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through 5by5 Sites. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to 5by5 Sites is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by 5ive By 5ive) or privately transmitted on or through 5by5 Sites are the sole responsibility of the sender, not 5ive By 5ive, and that you are responsible for all material you upload, post or otherwise transmit to or through 5by5 Sites.

Any notes, message/bulletin board postings, ideas, suggestions, concepts, or other material submitted to us will become the property of 5ive By 5ive and 5ive By 5ive shall be entitled to use such material for any type of use forever, including in any media whether now known or hereafter devised. You agree that any submission you make to us is original with you and accurate. You agree that you will not submit or otherwise publish through the 5by5 Sites any content, or act in any way, which in 5ive By 5ive's opinion:

(A) may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
(B) may infringe any intellectual property or other right of any entity or person;
(C) may violate any applicable law or advocates illegal activity;
(D) advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;
(E) disrupts the normal flow of dialogue or otherwise act in a way which affects the ability of other people to engage in real time activities via 5by5 Sites;
(F) includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
(G) includes MP3 format files;
(H) disobeys any policy or regulation established from time to time regarding use of 5by5 Sites or any networks connected to 5by5 Sites; or
(I) contains links to other sites that contain the kind of content which falls within the descriptions set out in (A) to (H) above.

We are not responsible for any material posted on the bulletin boards or in the chat areas conducted on the 5by5 Sites. We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone posting materials in violation of any applicable federal, state, or local laws. We reserve the right in our sole discretion to remove or disable access to any material posted on or to our site, including without limitation material posted by you to an 5by5 Site message board or chat room if we believe that material violates any of the above policies or infringes any intellectual property rights. Furthermore, if we believe in our sole discretion that you have violated any of the terms of these Terms of Use, including specifically but without limitation by posting or providing links to material which infringes intellectual property rights, we reserve the right to terminate your access to the 5by5 Sites.

Applicability of Online Materials
Unless otherwise specified, the Online Materials are presented solely for the purpose of Entertaining users of this site in the United States and its territories, and for promoting programs, films, and other products. The 5by5 Sites are controlled and operated by 5ive By 5ive from its offices within the States of California and Nevada. We make no representation that the Online Materials are appropriate or available for use in other locations outside the United States. Those who visit the 5by5 Sites from other locations do so on their own initiative and are responsible for compliance with all applicable local laws. You specifically agree to comply with all applicable laws, including without limitation those concerning the transmission of technical data exported from the United States or the country in which you reside.

DISCLAIMER OF WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE 5BY5 SITES, THE ONLINE MATERIALS, AND ANY PRODUCTS OR SERVICES PURCHASED ON THE 5BY5 SITES IS AT YOUR SOLE RISK. ALL ONLINE MATERIALS AND THE PRODUCTS AND SERVICES OFFERED ON THE 5BY5 SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 5IVE BY 5IVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER 5IVE BY 5IVE, NOR ITS AFFILIATED AND SUBSIDIARY COMPANIES, NOR THEIR RESPECTIVE VENDORS, AGENTS OR EMPLOYEES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF 5IVE BY 5IVE'S WEB SITES WARRANT THAT THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT 5IVE BY 5IVE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU MAY READ ON 5IVE BY 5IVE'S WEB SITES IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. 5IVE BY 5IVE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL IN NEW LINE'S WEB SITES OR LINKED SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 5IVE BY 5IVE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN 5IVE BY 5IVE SITES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND 5IVE BY 5IVE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT OF 5IVE BY 5IVE SITES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING DISCLAIMER, YOU EXPRESSLY AGREE THAT 5IVE BY 5IVE, ITS AFFILIATED AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS, EMPLOYEES, AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF 5IVE BY 5IVE'S WEB SITE SHALL NOT BE LIABLE FOR: (A) ANY CLAIMS, LIABILITY, OR DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES RESULTING FROM YOUR PURCHASE OF ANY PRODUCT OR SERVICES ON THE 5BY5 SITES OR FROM YOUR USE OF ANY ONLINE MATERIALS; (B) YOUR USE OR INABILITY TO USE OR ACCESS THE 5BY5 SITES; OR (C) DEFECTS, DELAYS IN OPERATION, TRANSMISSION FAILURE, OR OTHER FAILURE OF PERFORMANCE ON THE 5BY5 SITES OR THE INTERNET. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT ENDORSE ANY MATERIAL, INFORMATION OR OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON THE BULLETIN BOARDS, IN THE CHAT AREAS OR OTHER FORUMS CONDUCTED ON THE 5BY5 FORUMS ("FORUMS") AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH MATERIAL, INFORMATION OR OPINIONS. WE DO NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF 5IVE BY 5IVE. 5IVE BY 5IVE MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF ANY 5BY5 SITE OR THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATION ON LIABILITY SET OUT ABOVE.

Indemnification
You will indemnify and hold harmless 5ive By 5ive, its affiliated and subsidiary entities, and the successors, licensees, assigns, officers and directors of each from and against any and all claims, losses and damages (including reasonable attorney's fees) constituting and arising out of a breach of any of the provisions of these Terms of Use, including without limitation from your placement or transmission of any content onto 5ive By 5ive's servers, and/or from any and all use of any 5by5 Sites.

Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to its provisions regarding conflicts of law. You agree to submit to the exclusive jurisdiction of the federal, state, and local courts located within the State of California. If any provision of these Terms of Use is unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. These Terms of Use set forth the entire agreement regarding all of the matters discussed herein. Because these Terms of Use are subject to change and you will be legally bound by such changes, you should periodically visit this section to review the current Terms of Use. We reserve the right to terminate this agreement at any time without notice for any reason. These Terms of Use were last updated on June 14, 2006.

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