PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.
LAST UPDATED: November 1, 2014
As used herein, “Site” refers to www.the7sisters.com (including without limitation versions of the Site accessed through tablets, wireless and/or mobile devices) and other sites on the World Wide Web originating in the United States which are owned and/or operated by Seven Sisters Productions, LLC (hereinafter “SSP”). By using this Site, you indicate your acceptance of these Terms & Conditions. If you do not agree to these Terms & Conditions, you have no right or license to access this Site and you should not do so.
SSP reserves the right, in its sole discretion, to change, modify or otherwise update these Terms & Conditions at any time, or to impose new conditions. Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of this Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions.
SSP may change, suspend or discontinue any aspect of this Site at any time, including the availability of any feature or content. SSP may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability.
USE OF THIS SITE
In using this site, you acknowledge and accept that:
a. SSP cannot ensure the security or privacy of information that you provide in public forums, whether or not such forums are restricted to use by registered users of the Site. You should use caution in selecting the personal information you provide to others, whether on the Site or otherwise. See PRIVACY POLICY for more information. SSP is not responsible for the use by others of any information that you provide to them, and you release SSP from any and all liability in connection with the use of such information.
b. In no event will SSP be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Site, even if SSP or its agents or representatives know or have been advised of the possibility of such damages.
c. Notwithstanding anything to the contrary contained herein, SSP’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to SSP for the service during the term of membership.
EXPERT INFORMATION DISCLAIMER
The contents of the Site, including without limitation any text, graphics, images, information obtained from SSP’s contributors, public message boards and blogs on the Site, and other content and materials contained or linked to on the Site, (hereinafter, “Content”) are for general information purposes only. The Content is not intended to be a substitute for professional advice or treatment. Always seek the advice of your physician and other professionals with any questions you may have about a medical or other condition. Never disregard medical or other professional advice, or delay seeking such advice, because of something you have read on the Site.
Reliance on any information provided by the Site and SSP is solely at your own risk.
USE BY CHILDREN
Use of this Site by children under the age of 13 is prohibited. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for a user account. No one under the age of 13 is allowed to provide personal information to us or on the Site. In the event that we learn that we have collected personal information from a child under 13 without verification of parental consent, we will delete that information as soon as possible.
USE OF CONTENT LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All Content in this Site is protected by copyrights which are owned and controlled by SSP or the party credited as the provider of the Content. The entire contents of the Site are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such Content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through this Site. Except as otherwise provided on the Site, no Content from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Contents on any single computer (or other electronic device) for your personal, noncommercial home use, and may print one hard copy of the Content on this Site for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted Content. Except as otherwise provided on the Site, modification of the Contents or use of the Contents for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. Without prejudice to the generality of the foregoing, the linking to, republication or reproduction of any such Content on any other web site, networked computer environment, or publication without SSP’s express permission is prohibited.
All trademarks, service marks, and trade names are proprietary to SSP or the other designated owner of a posted mark. Elements of this Site are protected by trade dress and other laws and may not be used, copied or imitated in whole or in part.
All rights not expressly granted herein are reserved to SSP. If you violate any of these Terms & Conditions, your permission to use the Content automatically terminates, and you must destroy any copies you have made of any portion of the Content.
Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk, and are responsible for compliance with the laws of your jurisdiction.
SUBMISSIONS AND PUBLIC FORUMS
This Site may include social media, chat areas, message boards, e-mail and other interactive functions (“Forums”) which allow feedback and submissions to SSP and real-time interaction between users. Only users who agree to these Terms & Conditions may use any of these Forums. We may also require that you register with the site, or with a comment system such as LiveFyre in order to post to the Forums. Registration, if required, consists of identifying oneself, creating a screen name and password, and expressly indicating by means of clicking on an applicable box or boxes the guest’s acceptance of these Terms & Conditions, and is subject to SSP’s prior approval and your continued compliance with the terms of these Terms & Conditions. SSP reserves the right to refuse participation to any applicant or participant at any time in our sole discretion. You are solely responsible for keeping your e-mail address and other contact information updated.
Terms & Conditions directly applicable to use of such Forums include the following:
1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other Contents, whether publicly posted or privately transmitted, that you submit to any of the Forums (“Submitted Content”), are your sole responsibility. This means that you, and not SSP, are entirely responsible for all Submitted Content that you upload, post, e-mail or otherwise transmit via the Forums.
2. SSP does not endorse or control the Submitted Content delivered to this Site, and SSP has no obligation to monitor such Submitted Content. As such, SSP does not guarantee the accuracy, integrity or quality of any such Submitted Content. However, SSP reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Submitted Content, in whole or in part, that is in violation of these Terms & Conditions or that it deems to be objectionable or unacceptable for any reason whatsoever.
3. SSP further reserves the right at all times to preserve any Submitted Content or to disclose any Submitted Content as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any Submitted Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SSP, its guests and the public.
4. You understand that by using this Site, including its Forums, you may be exposed to Submitted Content that is offensive, indecent or objectionable. Under no circumstances will SSP be liable in any way for any Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or for any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, emailed or otherwise transmitted via this Site, including its Forums.
5. You understand that the comments of others displayed in connection with your Submitted Content as used herein (“Third Party Comments”), may be disparaging, defamatory, embarrassing, or otherwise be of an unfavorable nature and may expose you to public ridicule, humiliation or condemnation. Subject to any mandatory legal rights you may have, SSP expressly disclaims any liability for any Third Party Comments. You acknowledge and agree that SSP shall have the right (a) to include any Third Party Comments on the Site and in any and all forms of advertising, promotion, and publicity for the Site and/or the Submitted Content, and (b) to broadcast and otherwise exploit the Submitted Content with or without Third Party Comments in any manner, and in any media, whether now existing or hereafter developed.
6. By registering, accepting these Terms & Conditions, and uploading Submitted Content, you represent and warrant to SSP the following: (a) you are at least 13 years of age, (b) all of the information provided by you to SSP to enroll and participate in the Forums is correct and current; (c) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in the Submitted Content to enter into this Agreement and to grant the rights granted herein; (d) you are the creator of the Submitted Content you upload to this Site (or are specifically authorized to upload the Submitted Content by the copyright holder), and did not take any of its elements from a source such as another Web site, publication, recording, film, or video; (e) you have made any required payments to guilds, performing rights societies, or to any other body or group representing authors, composers, musicians, artists, and other participants in the production of the Submitted Content, or other entities having legal or contractual rights of any kind to payments as a result of distribution or exhibition of the Submitted Content; and (f) you have the legal right and authority to agree to, perform the acts required of you, and to grant the rights and licenses described in these Terms & Conditions.
7. It is a condition of your access and use of this Site that you do not:
a. Restrict or inhibit any other guest from using and enjoying this Site;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, an employee or representative of SSP, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submitted Content transmitted by means of this Site;
e. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site any Submitted Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site any unlawful, harmful, threatening, abusive, harassing, invasive of another’s privacy, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
g. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site any Submitted Content that either involves nudity (including partial or complete nudity of any person under age 18); exploits persons under age 18, or discloses any personally identifying information about persons under age 18;
h. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
i. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site any information, software or other material which contains a virus 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, or any other harmful component; or
j. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site or in any way exploit any information, software or other material for commercial purposes or which contains any form of solicitation (including, but not limited to, “junk mail,” “spam,” “chain letters,” and “pyramid schemes”), advertising, promotion, marketing for goods or services, or any form of lottery, sweepstakes, or gambling;
k. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other guests of this Site are able to type, or otherwise act in a manner that negatively affects other guests’ ability to engage in real time exchanges;
l. Interfere with or disrupt this Site or servers or networks serving this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
m. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
n. “Stalk” or otherwise harass another; or
o. Collect or store personal data about other guests.
8. By posting or submitting any materials (including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content) to this Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to SSP a royalty-free, non-exclusive, perpetual and irrevocable worldwide right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed, and you unconditionally and irrevocably waive and agree not to assert any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You further grant SSP a non-exclusive, worldwide, royalty-free license to use your name in connection with the Submitted Content, and to use the Submitted Content for any and all purposes, including without limitation advertising and promotional purposes, without additional compensation.
9. You warrant that any materials you upload, post, e-mail or otherwise distribute, publish or transmit on this Site do not infringe or violate the rights of any party, and contain nothing that will give rise to civil liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another’s privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone’s patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto.
NO RESALE OF SERVICE
You agree not to resell the Site’s Service (hereinafter “Service”) or use of or access to the Service.
PURCHASE OF PRODUCTS FROM THIS SITE
The purchase of any products from this Site is governed by the terms and conditions of the sales transaction with the provider of the product. SSP MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SSP does not have any responsibility for the processing or delivery of products purchased from this Site.
LINKED SITES
The Site may contain links and pointers to Internet sites maintained by others (“Third Party Sites”). The appearance of a link does not imply SSP’s endorsement. SSP has not reviewed all of the Third Party Sites linked to this Site and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.
LINKING TO THE WEBSITE
You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, Contents or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you, including notice delivered by electronic mail.
JURISDICTIONAL ISSUES
This Site is controlled and operated by SSP from its headquarters in Connecticut, United States of America. SSP makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Fairfield County, Connecticut and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in this Site, constitute the entire agreement between you and SSP in connection with your access and use of this Site.
SSP may, in its sole discretion, terminate or suspend your access to all or part of this Site for any reason, including, without limitation, failure to comply with any of these Terms & Conditions. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use this Site, and the restrictions imposed on you with respect to materials downloaded from this Site and the disclaimers and limitations of liabilities set forth in this agreement shall survive.
DISCLAIMERS
Your access to and use of this Site is at your sole risk. If you are dissatisfied with any of the materials contained in this Site, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using this Site.
SSP assumes no responsibility for any interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission, unauthorized access to, theft or destruction, or alteration of, members and/or users and/or guest communications. This includes personal injury or damage to users, members, guest, or anyone else or to any person’s computer related to or resulting from participating or downloading materials in connection with the Site or SSP and its parents, affiliates, officers or employees.
SSP cannot guarantee and does not promise any specific results from use of the Service and/or the Site.
SSP does not guarantee the accuracy of any statements provided to SSP from any of its members and SSP is not responsible for the conduct, whether online or offline, of any of its members, or for the conduct of any persons who access or otherwise use the Site.
THE CONTENT (INCLUDING WITHOUT LIMITATION SUBMITTED CONTENT) IN THIS SITE AND ALL DOWNLOADABLE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SSP AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED. SSP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THIS SITE. SSP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO LIABILITY
To the fullest extent permitted by applicable law, SSP and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the “Indemnified Parties”) shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if SSP or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.
You hereby agree to indemnify, defend and hold harmless SSP and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by SSP and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms & Conditions (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in this Site. You shall cooperate as fully as reasonably required in the defense of any claim. SSP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Because you have acknowledged that, at its sole discretion and for any reason, SSP may edit, refuse to post or to delete any Submitted Content that you post, in whole or in part, and may terminate or suspend your access to all or part of this Site, that you have granted (or warranted that the owner of such rights has expressly granted) to SSP a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, or incorporate such materials into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Submitted Content, you hereby agree that if you unsuccessfully prosecute a claim against SSP and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Submitted Content that you post, to terminate or suspend your access to all or part of this Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse SSP and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) – INFRINGEMENT NOTIFICATION
SSP has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If SSP removes material to comply with the DMCA, we will attempt to contact the provider of any Submitted Content so removed to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. It is our policy to document all notices of alleged infringement on which we act. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any users (including terminating their login and password) and/or block access to the Site of any users who repeatedly infringe the copyrights of others.
To file a notice of infringement, you must provide us with a written notice that includes each of the following items:
– Detailed identification of the copyrighted work that you believe has been infringed.
– Detailed identification of the material you claim infringes this copyrighted work.
– Information reasonably sufficient to permit SSP to contact you (e-mail address is preferred).
– The statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
– Your signature.
Send the Infringement Notification to the following address:
By email: admin@the7sisters.com
By mail:
COPYRIGHT AGENT
Seven Sister Productions, LLC
c/o Withers Bergman LLP
Attn: Philip R. DiGennaro, Jr.
660 Steamboat Road
Greenwich, CT 06830-7150
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) – COUNTER NOTIFICATION
The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.
To file a counter notification, you must provide us with a written notice that includes each of the following items:
– Detailed identification of the material SSP has removed.
– Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Fairfield County, Connecticut if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
– The statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
– Your signature.
Send the Counter Notification to the following address:
By email: admin@the7sisters.com
By mail:
COPYRIGHT AGENT
Seven Sister Productions, LLC
c/o Withers Bergman LLP
Attn: Philip R. DiGennaro, Jr.
660 Steamboat Road
Greenwich, CT 06830-7150
COMPLETE AGREEMENT
Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and SSP with respect to use of the Site and Content.