Welcome to the gorgon-video.com Web site and such other Web sites (collectively, the "Site") owned and operated by Gorgon-Video (“GORGON”), including www.darkskyfilms.com. The following terms and conditions govern your relationship with GORGON when you visit the Site.
These Terms and Conditions may be changed in the future without notice to you, so please continue to review these Terms and Conditions as often as you believe necessary. Except as expressly provided, nothing contained in these Terms and Conditions shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
When you create an account with GORGON you represent and warrant to GORGON that (i) the information you provide to GORGON is true, complete, correct and current, and that you will maintain and update that information as circumstances require; (ii) if you are purchasing a product which requires you to be at least 18 years old or older, you are, in fact, at least the required age; (iii) you have the right to purchase and use the products you have selected; and (iv) you are using your actual identity. You understand that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer so that others may not access the password protected portion of the Site using your name in whole or in part. You will notify GORGON immediately if you believe your password has been compromised by others. You agree to accept responsibility for all activities that occur under your account or password, and you agree not to sell, transfer or assign your membership or any membership rights. If you provide any information to GORGON through the Site or otherwise (including in the form of customer reviews), you are responsible for such information and are responsible for the consequences of any information you provide. Such information shall not: (i) be false, misleading or fraudulent; (ii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance or regulation; (iv) be defamatory, libelous, unlawfully threatening, unlawfully harassing or hateful; (v) be obscene, pornographic or contain a sexually explicit image; (vi) contain any "spam" or any viruses, worms, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any software, hardware, network connection, system, data or personal information; (vii) create liability for GORGON or cause GORGON to lose the services of any of GORGON’s service providers or other suppliers; or (viii) link directly or indirectly to or include descriptions of goods or services that are prohibited hereunder or that you do not have a right to link to or include. You understand that GORGON reserves the right in its sole discretion to edit, restrict or remove any information you provide for any reason at any time. You understand that GORGON does not prescreen, approve or control the information provided by other users that is made available through the Site. GORGON does not guarantee the accuracy or quality of such information or of the Content (defined below), nor shall GORGON be in any way liable for such information or Content. You may find other user's information or the Content to be offensive, indecent, harmful, inaccurate, or deceptive. You agree that you will independently evaluate and bear all risks associated with such information and Content.
Please note that the Site does not accept unsolicited materials or ideas for use or publication. The Site is not responsible for the similarity of any of its Content or programming in any media to materials or ideas transmitted to the Site. In addition, you agree that, subject only to GORGON’s Privacy Policy: (i) transmitting, submitting or posting any communication or material to the Site, GORGON or the GORGON Affiliates (defined below) by electronic mail, in user forums, bulletin boards, chat rooms or otherwise, including submitting any data, questions, comments, suggestions, personally identifying information or the like is, and will be treated as, non-confidential and non-proprietary; (ii) anything you transmit, submit or post to the Site, GORGON or the GORGON Affiliates may be modified, altered, displayed, archived, stored, distributed, reproduced, disclosed, transmitted, published, broadcast and posted in any form, media, software or technology of any kind now known or developed in the future for any purposes; and (iii) GORGON is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site, GORGON or the GORGON Affiliates, for any purpose whatsoever including developing, manufacturing and marketing products using such information. You waive any moral rights you may have in having any material you submit altered or changed in a manner not agreeable to you.
Any user forums, bulletin boards, chat rooms or other interactive areas that GORGON may offer on the Site are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. GORGON does not and cannot review every message that may be posted by users in these interactive forums. GORGON is not responsible for the content of these messages and these messages and the views they express are not the views of GORGON or the GORGON Affiliates. To protect your safety, please use your best judgment when using these interactive forums, and carefully consider whether you want to disclose any information that can be used to identify or locate you.
Please use caution when using our Site, and be aware that there is the risk of dealing with persons acting under false pretense.
All elements of the Site, including the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with GORGON or one of its subsidiaries, no portion or element of this Site or its Content may be copied or retransmitted via any means and this Site, its Content and all related rights shall remain the exclusive property of GORGON or its licensors unless otherwise expressly agreed.
All content included or viewable on this Site and the products or services provided, offered or sold on the Site including the text, graphics, logos, icons, images, audio and video clips and software ("Content") is the property of GORGON or its Content suppliers or licensors, and is subject to the copyright or other intellectual property rights of GORGON and to the terms of licenses held by GORGON. This Content is protected by United States federal, state and international copyright and other laws and does not constitute material in the public domain. The manner in which the Content is collected, arranged, assembled and compiled on the Site is the exclusive property of GORGON and is protected by United States federal, state and international copyright and other laws. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the Content is strictly prohibited. By submitting any information or other material to GORGON, you automatically grant GORGON a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, perform, publish, create derivative works, and distribute such materials or portions of such materials in any form or medium now known or later developed. Except as otherwise provided herein, GORGON does not grant any right to you in any of the Content.
GORGON values the intellectual property rights owned by it and others. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. We reserve the right, in our sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by GORGON or others. We may immediately terminate your use of, or access to, the Site if we believe that you have violated these Terms and Conditions, any relevant law, rule or regulation or that you have infringed or appear to have infringed the intellectual property rights of GORGON or others. If you believe that any material contained in the Site infringes your intellectual property, please promptly notify the Copyright Agent via the email address set forth above of the alleged copyright infringement claim in the following manner:
Send the Copyright Agent a written description which includes the following information: (i) physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; (ii) identification and description of the allegedly infringed work and the identification and description of the material that is claimed to be infringing and where it can be found on the Site; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the challenged use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.
GORGON grants you a limited license to access and make personal use of the Site. You have permission to temporarily download one copy of the Content for transitory viewing only. This is the grant of a limited, revocable license, and you may not without the express written approval from GORGON: (1) modify or copy the materials, use the materials for any commercial purpose, or for any public display (commercial or noncommercial); (2) attempt to decompile, reverse engineer or disassemble any software contained on the Site; (3) remove any copyright, trademark or other proprietary notations from the materials; (4) transfer the materials to another person; or (5) “mirror” the materials on any other server. Your misuse of the Content on the Site is strictly prohibited. This license shall automatically terminate if you violate any of these restrictions, and may be terminated by GORGON at any time, in its sole discretion. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You may not frame any portion of the Site or utilize any type of metatag or other type of hidden text, code or product in connection with the Site. The Site, any portion thereof, and any Content may not be modified, published, performed, reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by GORGON in writing. Prohibited commercial use includes collection or use of product listings or prices, derivative use of Content, or any use of any type of data mining tools. We reserve the right to refuse service, terminate relationships, and cancel orders in our sole discretion, including if we believe that a user's conduct violates applicable law or is harmful to the interests of GORGON. If we terminate your account, you shall remain liable for any orders placed through such account prior to such termination. We may suspend or discontinue any aspect of the Site at any time without prior notice.
Because of the possibility of human and mechanical error as well as other factors, GORGON is not responsible for any errors in or omission from the information contained in or accessed through the Site. GORGON shall not be liable for any damages or injury resulting from your access to or your inability to access the Site or from reliance on any information at the Site. GORGON may make improvements and changes to its features, functionality or Content at any time.
We welcome any feedback you may have about the Site, however, any feedback or other materials submitted by you to GORGON including customer reviews (“Submission") is disclosed to GORGON without any obligation of confidentiality on GORGON’s part. By sending GORGON your Submission, you agree that we shall be entitled to unrestricted use of the Submission for any purpose, and GORGON shall exclusively own, and you hereby assign to GORGON without compensation or further obligation, all rights known or unknown with respect to such Submission.
Sweepstakes rules: Winners will be selected at random from all eligible entries. Winners will be notified by e-mail. To be eligible, all entries must have a valid e-mail address. Entries are accepted through this World Wide Web Internet site. All of the required fields of the entry form must be filled out. Representatives of gorgon-video.com are not responsible for any claims, liabilities or damages in conjunction with the prizes and/or services of this contest or the depositing of entries. No prize substitutes or transfers can be made. By submitting an entry, the participant acknowledges and agrees to all of the contest rules. Decisions made by gorgon-video.com are final in all matters relating to this contest. All prizes will be shipped within 4 business days of winner notification
LINKING POLICY AND LINKS TO OTHER WEB SITES AND SERVICES
GORGON is not responsible for, and makes no claims with respect to, the quality, reliability, availability, content or accuracy of any other Web sites or pages linked via this Site, including advertisements or to any products or services available thereon. To the extent that portions of this Site contain links to other Web sites and outside products, services and resources, all relationships are between users and outside providers and do not involve GORGON. Any concerns about such products, services or resources should be directed to the particular outside provider. GORGON does not endorse any such outside providers. When leaving this Site, please be aware that our Terms and Conditions and other policies no longer govern.
If you link to this Site, GORGON requires that you abide by the following guidelines: The link to this Site must not damage, dilute or tarnish the goodwill associated with any GORGON Affiliates’ names or intellectual property, nor may the link create the false appearance that your Web site or organization is sponsored, endorsed by, affiliated or associated with GORGON. You agree that you will not link to the Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. If you do link to the Site, you may link only to the home page, and not to any other page, directory or subdomain of the Site. Under no circumstances may you “frame” this Site or alter its intellectual property or Content in any way. GORGON reserves the right, in its sole discretion, to terminate a link with any Web site that it deems inappropriate or inconsistent with the Site or these Terms and Conditions. Neither GORGON nor the GORGON Affiliates are responsible for the content or performance of any portion of the Internet including other World Wide Web sites to which this Site may be linked or from which this Site may be accessed.
Certain areas or services offered via the Site may at some point require registration or may otherwise ask you to provide information subject to the Site’s Privacy Policy to participate in certain features or to access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas or services offered via the Site. You may also provide information to the Site in other contexts, including, for example, to enter a sweepstakes, contest or promotion. Please note that sweepstakes, contests or promotions offered via the Site may be governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain ages or geographic areas. It is your responsibility to read such rules to determine whether or not your participation, registration or entry is valid. When you register or become a member of the Site or provide information to the Site in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages.
If you become a member of the Site or any portion thereof at any time, you agree to accept responsibility for all activities that occur under your account or password, and that you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the password protected portion of the Site using your name in whole or in part. The Site reserves the right to terminate membership and deny access to the Site to any person who violates these Terms and Conditions.
Your privacy is important to GORGON. Please see our Privacy Policy for more information.
Although we make every effort to insure that products are in stock when so indicated and that information and prices concerning products and services listed on the Site are accurate, THE PRICES AND AVAILABILITY OF SUCH PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. If a product or service has been listed at an incorrect price, we reserve the right to refuse or cancel your order for that product or service even if your order has been confirmed. Your receipt of a confirmation of an order from GORGON does not signify GORGON’s acceptance of that order, and GORGON may cancel such order or supply less than the quantity you ordered. Certain products or services listed for sale may not be available to users located in certain areas, and GORGON may reject your order for this or any other reason. If you have any questions or require more detailed specifications concerning a product or its use, you should contact the product's manufacturer.
DISCLAIMERS/LIMITATIONS OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GORGON AND ITS PARENT COMPANY AND ITS AND THEIR SUBSIDIARIES, DIVISIONS, AFFILIATES, DIRECTORS, OFFICERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS (THE “GORGON AFFILIATES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ISSUES OR THAT THE SAME WILL BE CORRECTED OR THAT THE INFORMATION CONTAINED ON THE SITE OR THE CONTENT IS ACCURATE, CORRECT, TIMELY OR OTHERWISE RELIABLE. ALL PRODUCTS AND SERVICES PURCHASED ON THIS SITE ARE SUBJECT ONLY TO THE WARRANTIES (IF ANY) FROM THEIR RESPECTIVE MANUFACTURERS OR OTHER SUPPLIERS, AND YOU AGREE THAT WE HAVE NO LIABILITY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE GORGON AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE GORGON AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, ARISING FROM THE USE OF THIS SITE, INABILITY TO USE THE SITE, OR FROM THE CONTENT, PRODUCTS OR SERVICES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, ATTORNEYS’ FEES, LOST PROFITS, OR LOST OPPORTUNITY EVEN IF THE GORGON AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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. IN SUCH CASE, YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO THE GREATER OF ONE DOLLAR OR THE MONETARY AMOUNT WE RECEIVED FROM YOU WITH RESPECT TO THE TRANSACTION THAT GAVE RISE TO THE CLAIM. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEM YOU MAY HAVE REGARDING THIS SITE OR ITS CONTENT IS TO DISCONTINUE YOUR USE OF THE SITE.
Reference on the Site to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply GORGON’s or the GORGON Affiliates’ endorsement or recommendation. In the event that you have a dispute with one or more users of the Site, you release the GORGON Affiliates from all actual and alleged claims, demands and damages of every kind and nature arising out of or in any way related to such disputes.
BY USING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE GORGON AFFILIATES FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY OR INTELLECTUAL PROPERTY INFRINGEMENT (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THE FOREGOING REPRESENTATIONS; (B) YOUR VIOLATION OF THESE TERMS AND CONDITIONS; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS SITE OR THE CONTENT IN VIOLATION OF THESE TERMS AND CONDITIONS; (D) THE GORGON AFFILIATE’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE; (E) YOUR USE OF ANY PRODUCTS YOU MAY HAVE PURCHASED; AND (F) YOUR VIOLATION OF ANY LAW, ORDINANCE, REGULATION, ORDER OR OTHER LEGAL MANDATE, OR THE RIGHTS OF ANY THIRD PARTY.
Any controversy or claim arising out of or relating to these Terms and Conditions, or GORGON’s products or services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Such arbitration involving a controversy or claim must be filed with AAA within ninety (90) days after the occurrence of the facts giving rise to the controversy or claim, otherwise the controversy or claim shall be forever barred. The arbitration shall be conducted in Chicago, Illinois, and you consent to the personal jurisdiction of said arbitration panel. Any judgment on the arbitration award may be entered in any court having proper jurisdiction.
GORGON operates the Site in the United States. Information contained on the Site may not be appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you access the Site from other locations, you do so of your own initiative and choice and you are solely responsible for compliance with applicable local laws. If you submit information to GORGON from a location other than the United States, you expressly consent to GORGON’s collection and use of the information as set forth in the Site’s Privacy Policy. You may not use the Site or export the Content in violation of U.S. export laws and regulations.These Terms and Conditions shall be construed and enforced in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable.
All notices in connection with these Terms and Conditions should be sent in writing to Gorgon-Video at: Gorgon-Video, Inc. Attn: Legal Department 16101 S. 108th Ave. Orland Park, IL 60467
These Terms and Conditions and any other policies or guidelines on the Site (including our Privacy Policy) are incorporated herein by reference and constitute the sole agreement between GORGON with respect to the subject matter hereof. The term “including” is a term of enlargement, and not a term denoting exclusivity. Whenever the term “including” is used in these Terms and Conditions, it is meant as an illustrative application of the general principle and means including without limitation. Failure to insert language such as “without limitation” or “but not limited to” after each use of the term “including” will have no limiting or excluding affect. This Site is created and controlled by GORGON in Illinois, USA. The laws of Illinois will govern these Terms and Conditions, without giving effect to its conflicts of laws principles. If any provision hereof is held to be invalid or unenforceable, the other provisions hereof shall be enforced. Headings are for reference purposes only and in no way define or limit the scope of a section. Any failure by GORGON to act with respect to a breach by you will not waive GORGON’s right to act with respect to subsequent or similar breaches. These Terms and Conditions shall be binding on and inure to the benefit of your and GORGON’s respective successors, heirs and permitted assigns. GORGON may make changes to these Terms and Conditions, the Site or any of the information contained therein at any time.
GORGON will determine your compliance with these Terms and Conditions in its sole discretion. Any violation of these Terms and Conditions may result in restrictions on your access to all or part of the Site and may be referred to appropriate enforcement authorities. You are advised that GORGON will aggressively enforce its rights to the fullest of the law, including the seeking of criminal prosecution.
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