Welcome to "Hands
Free Entertainment, Online" (the "Site").
Thank you for visiting and have a great time!
It is important to us that you, and our other
visitors, have the best possible time while
using our Site, and that when you use this Site
you are fully aware of our respective legal
rights and obligations. For that reason, we
have created these Terms of Use as the legally
binding terms to govern your use of this Site.
Please read these Terms of Use carefully before
using the Site, because they affect your legal
rights and obligations.
Your Acceptance of Terms
If you do not agree with any of these Terms
of Use please do not use this Site, because
by using this Site you will be deemed to have
irrevocably agreed to these terms. Areas of
this Site within the proprietary online service
offered by Hands Free Entertainment. Online
may be subject to additional terms and conditions,
which you should read carefully before making
any use of those areas. Any such terms will
not vary or replace these Terms of Use regarding
any use of this Site, unless otherwise expressly
stated.
Please note that these Terms of Use may be revised
and reissued without notice at any time by updating
this posting. You should visit this page regularly
to review the current Terms of Use, since your
continued use of the Site will be deemed as
irrevocable acceptance of any revisions. These
Terms of Use were last updated on August 1,
2007.
How To Contact Us
This Site is controlled and operated by Hands
Free Entertainment Inc., PO Box 25231 Houston,
TX 77265. The phone number is (888) 873-1433.
Please forward any comments or complaints to
service (@) handsfreeentertainment.com. Please
forward any questions regarding privacy to website
(@) handsfreeentertainment.com or (888) 873-1433.
Please forward any questions regarding other
legal matters to legal (@) handsfreeentertainment.com.
Your Registration
To access this Site or some of the resources
it has to offer, you may be asked to provide
registration details. It is a condition of use
of this Site that all the details you provide
will be correct, current, and complete. If we
at Hands Free Entertainment, Inc. believe the
details are not correct, current, or complete,
we have the right to refuse you access to the
Site, or any of its resources, and to terminate
or suspend your account. Unless we have received
a properly completed and acceptable parental
consent form governing your use of this Site,
we will assume (and by using this Site you warrant
that) you have legal capacity to enter into
the agreement set out in these Terms of Use
(i.e., that you are of sufficient age and mental
capacity and are otherwise entitled to be legally
bound in contract).
Online Privacy Notice
Your privacy is important to us. To better protect
your privacy, we provide a notice explaining
our online information practices and the choices
you can make about the way your information
is collected and used at this site. Go to Hands
Free Entertainment’s privacy to show this
notice, which forms part of these Terms of Use.
Trademarks and Copyrights This Site and all
materials incorporated by Hands Free Entertainment
on this Site ("Material") are protected
by copyrights, patents, trade secrets or other
proprietary rights ("Copyrights").
Some of the characters, logos or other images
incorporated by Hands Free Entertainment on
this Site are also protected as registered or
unregistered trademarks, trade names and/or
service marks owned by Hands Free Entertainment
Inc. or others ("Trademarks"). A list
of certain of the Copyrights and Trademarks
can be found here, and that list forms part
of these Terms of Use. Hands Free Entertainment
respects the intellectual property rights of
others and asks users of this Site to do the
same.
Your Use of Material
Your right to make use of this Site and any
Material or other content appearing on it is
subject to your compliance with these Terms
of Use. Modification or use of the Material
or any other content on this Site for any purpose
not permitted by these Terms of Use may be a
violation of the Copyrights and/or Trademarks
and is prohibited. You may access and display
Material and all other content displayed on
this Site for non-commercial, personal, entertainment
use on a single computer only. The Material
and all other content on this Site may not otherwise
be copied, reproduced, republished, uploaded,
posted, transmitted, distributed or used in
any way unless specifically authorized by Hands
Free Entertainment. Any authorization to copy
Material granted by Hands Free Entertainment
in any part of this Site for any reason is restricted
to making a single copy for non-commercial,
personal, entertainment use on a single computer
only, and is subject to your keeping intact
all copyright and other proprietary notices.
Using any Material on any other web site or
networked computer environment is prohibited.
Also, decompiling, reverse engineering, disassembling,
or otherwise reducing the code used in any software
on this Site into a readable form in order to
examine the construction of such software and/or
to copy or create other products based (in whole
or in part) on such software, is prohibited.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. HANDS
FREE ENTERTAINMENT AND ALL THE MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT
IN HANDSFREEENTERTAINMENT.COM OR OTHER SITES
OWNED BY HANDS FREE ENTERTAINMENT 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, HANDS FREE ENTERTAINMENT
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. HANDS FREE ENTERTAINMENT
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT HANDS FREE ENTERTAINMENT 'S WEB SITES
OR THE SERVERS THAT MAKE THEM AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HANDS FREE ENTERTAINMENT DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION,
SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT
IN HANDSFREEENTERTAINMENT.COM OR ANY SITES LINKED
TO HANDSFREEENTERTAINMENT.COM IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
HANDS FREE ENTERTAINMENT MAKES NO WARRANTIES
THAT YOUR USE OF THE MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT
IN HANDS FREE ENTERTAINMENT WILL NOT INFINGE
THE RIGHTS OF OTHERS AND HANDS FREE ENTERTAINMENT
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS
OR OMMISSIONS IN SUCH MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT
OF HANDSFREEENTERTAINMENT.COM. 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.
Limitation of Liability
HANDS FREE ENTERTAINMENT DOES NOT ACCEPT ANY
LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT,
PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM
ANY USE OF, OR INABILITY TO USE, HANDSFREEENTERTAINMENT.COM
OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES,
SERVICES OR OTHER CONTENT ON HANDSFREEENTERTAINMENT.COM,
REGARDLESS OF THE BASIS UPON WHICH LIABILITY
IS CLAIMED AND EVEN IF HANDS FREE ENTERTAINMENT
E HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND
NOT HANDS FREE ENTERTAINMENT) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY
PART OF THE ABOVE LIMITATION OF LIABILITY TO
APPLY TO YOU, THE LIMITATIONS WILL APPLY TO
YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE
LAW.
Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED
AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT
ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS
SITE ("FORUMS") ARE NOT NECESSARILY
THOSE OF HANDS FREE ENTERTAINMENT OR ITS AFFILIATED
OR RELATED ENTITIES OR CONTENT PROVIDERS. HANDS
FREE ENTERTAINMENT DOES NOT UNDERTAKE TO MONITOR
OR REVIEW FORUMS, AND THE CONTENT OF FORUMS
IS NOT THE RESPONSIBILITY OF HANDS FREE ENTERTAINMENT.
HANDS FREE ENTERTAINMENT MAY REMOVE OR MODIFY
ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY
TIME IN ITS SOLE DISCRETION. ANY USE OF THE
FORUMS WILL BE AT YOUR OWN RISK AND WILL BE
SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON
LIABILITY SET OUT ABOVE.
Submissions, Postings and E-mails
Hands Free Entertainment is interested in hearing
from you regarding your questions or comments
about our Site. However, Hands Free Entertainment
Inc. and all of its subsidiaries (including
Throughyoureyesthemovie.com) do not accept unsolicited
submissions of any kind (e.g., scripts, treatments,
concepts or any other materials), in any format,
by any means of transmission (including email).
Any such submissions are either returned to
the sender without being reviewed, or deleted
or discarded without being reviewed. Therefore,
please do not send unsolicited submissions of
any kind to any Hands Free Entertainment. From
time to time, areas on this Site may expressly
request submissions of concepts, stories, or
other potential content from you ('Invited Submissions').
Where this is the case, please carefully read
any specific rules or other terms and conditions
which appear elsewhere on this Site to govern
those submissions ('Additional Terms'), since
they will affect your legal rights. If no Additional
Terms govern those submissions, then these Terms
of Use will apply in full to any Invited Submissions
you make.
In any event, any material you send to us will
not be treated as confidential. Please act responsibly
when using this Site. You may only use this
Site and its contents for lawful purposes and
in accordance with applicable law and you are
prohibited from storing, distributing or transmitting
any unlawful material through this Site. 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 the Site 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 Hands Free Entertainment) or privately transmitted
on or through this Site are the sole responsibility
of the sender, not Hands Free Entertainment,
and that you are responsible for all material
you upload, post or otherwise transmit to or
through this Site.
We at Hands Free Entertainment require that
you do not post e-mails or submit to or publish
through Forums or otherwise make available on
this Site any content, or act in a way, which
in our opinion:
(a) libels, defames, invades privacy, stalks,
is obscene, pornographic, racist, abusive, harassing,
threatening or offensive;
(b) seeks to exploit or harm children by exposing
them to inappropriate content, asking for personally
identifiable details or otherwise;
(c) infringes any intellectual property or other
right of any entity or person, including violating
anyone's copyrights or trademarks or their rights
of publicity;
(d) violates any law or may be considered to
violate any law;
(e) you do not have the right to transmit under
any contractual or other relationship (e.g.,
inside information, proprietary or confidential
information received in the context of an employment
or a non-disclosure agreement);
(f) advocates or promotes illegal activity;
(g) impersonates or misrepresents your connection
to any other entity or person or otherwise manipulates
headers or identifiers to disguise the origin
of the content;
(h) advertises any commercial endeavor (e.g.,
offering for sale products or services) or otherwise
engages in any commercial activity (e.g., conducting
raffles or contests, displaying sponsorship
banners, and/or soliciting goods or services)
except as specifically authorized on this Site;
(i) solicits funds, advertisers or sponsors;
(j) includes programs which contain viruses,
worms and/or ‘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;
(k) disrupts the normal flow of dialogue, causes
a screen to scroll faster than other users are
able to type, or otherwise act in a way which
affects the ability of other people to engage
in real time activities via the Site;
(l) copies any other pages or images on this
Site except with appropriate authority;
(m) includes MP3 format files;
(n) amounts to a ‘pyramid' or similar
scheme;
(o) amounts to ‘data warehousing' (i.e.,
using any web space made available to you as
storage for large files which are only linked
from other sites). You must provide a reasonable
amount of content to accompany such material
in order that at least some of the traffic to
your site comes directly via us;
(p) disobeys any policy or regulations established
from time to time regarding use of this Site
or any networks connected to this Site; or
(q) contains links to other sites that contain
the kind of content, which falls within the
descriptions set out at (a) to (p) above.
In addition, you are prohibited from removing
any sponsorship banners or other material inserted
by Hands Free Entertainment anywhere on this
Site (e.g., on any web space made available
for your use).
System Abuse
Without limitation, you agree not to send, create
or reply to so called "mailbombs"
(i.e., emailing copies of a single message to
many users, or sending large or multiple files
or messages to a single user with malicious
intent) or engage in "spamming"(i.e.,
unsolicited emailing for business or other purposes)
or undertake any other activity which may adversely
effect the operation or enjoyment of this Site
by any other person. You may not reproduce,
sell, resell or otherwise exploit any resource,
or access to any resource, contained on this
Site.
Security
Any passwords used for this Site are for individual
use only. You shall be responsible for the security
of your password (if any). Hands Free Entertainment
shall be entitled to monitor your password and,
at its discretion, require you to change it.
If you use a password that Hands Free Entertainment
considers insecure, Hands Free Entertainment
will be entitled to require this to be changed
and/or terminate your account. You are prohibited
from using any services or facilities provided
in connection with this Site to compromise security
or tamper with system resources and/or accounts.
The use or distribution of tools designed for
compromising security (e.g. password guessing
programs, cracking tools or network probing
tools) are strictly prohibited. If you become
involved in any violation of system security,
Hands Free Entertainment reserves the right
to release your details to system administrators
at other sites in order to assist them in resolving
security incidents.
Investigations
Hands Free Entertainment reserves the right
to investigate suspected violations of these
Terms of Use, including without limitation any
violation arising from any submission, posting
or e-mails you make or send to any Forum. Hands
Free Entertainment may seek to gather information
from the user who is suspected of violating
these Terms of Use, and from any other user.
Hands Free Entertainment may suspend any users
whose conduct or postings are under investigation
and may remove such material from its servers
as it deems appropriate and without notice.
If Hands Free Entertainment believes, in its
sole discretion, that a violation of these Terms
of Use has occurred, it may edit or modify any
submission, posting or e-mails, remove the material
permanently, cancel postings, warn users, suspend
users and passwords, terminate accounts or take
other corrective action it deems appropriate.
Hands Free Entertainment will fully cooperate
with any law enforcement authorities or court
order requesting or directing Hands Free Entertainment
to disclose the identity of anyone posting any
e-mails, or publishing or otherwise making available
any materials that are believed to violate these
Terms of Use. BY ACCEPTING THIS AGREEMENT YOU
WAIVE AND HOLD HARMLESS HANDS FREE ENTERTAINMENT
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN
BY HANDS FREE ENTERTAINMENT DURING OR AS A RESULT
OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER
HANDS FREE ENTERTAINMENT OR LAW ENFORCEMENT
AUTHORITIES.
Service
In order to use this Site, you must obtain access
to the World Wide Web and pay any service fee
associated with that access. You will need to
provide all equipment necessary to connect to
the Site on the World Wide Web (including a
computer, modem and/or other access devices).
Hands Free Entertainment, reserves the right
to modify or discontinue, temporarily or permanently,
all or any part of this Site and/or any software,
facilities and services on this Site, with or
without notice, and/or to establish general
guidelines and limitations on their use.
Local Regulations
Hands Free Entertainment makes no representation
that Materials or other content in the Site
are appropriate or available for use outside
the United States, its territories, possessions
and protectorates. If you choose to access the
Site from other locations you do so on your
own initiative and at your own risk. You are
responsible for complying with local laws, if
and to the extent local laws are applicable.
You specifically agree to comply with all applicable
laws concerning the transmission of technical
data exported from the United States or the
country you reside in.
Indemnity
You agree to indemnify and hold harmless Hands
Free Entertainment and its officers, directors,
employees, agents, distributors and affiliates
from and against any and all claims, demands,
liabilities, costs or expenses, including reasonable
attorney's fees, resulting from your breach
of any of the foregoing provisions, representations
or warranties, and/or from your placement or
transmission of any content onto Hands Free
Entertainment 's servers, and/or from any and
all use of your account.
Our Use of Content
Hands Free Entertainment will consider anything
you provide to Hands Free Entertainment and/or
contribute to this Site as available for our
use free of any obligations to you, except where
we have expressly solicited Invited Submissions
and those submissions are expressly governed
by Additional Terms appearing elsewhere on this
Site (see ‘Submissions, Postings and E-mails'
above), in which event those Additional Terms
will determine how we will treat your Invited
Submissions.
Subject to the provisions of any Additional
Terms, by posting or uploading any content to
this Site and/or providing any communication
or material to Hands Free Entertainment ("User
Content"), you automatically and irrevocably:
(a) grant and assign to Hands Free Entertainment
any and all rights in the User Content throughout
the world including without limitation all copyright,
together with all consents (if any) necessary
to enable its reproduction, distribution, modification,
publishing and/or other exploitation by Hands
Free Entertainment and/or by any person authorized
by Hands Free Entertainment, by any means and
in all media now known or hereafter devised
without payment or other reference to you or
any other person, and to advertise and promote
such exploitation, for the full period of all
such rights (together with any extensions and
renewals) and insofar as possible in perpetuity;
(b) waive all moral rights in the User Content
which may be available to you in any part of
the world and confirm that no such rights have
been asserted; (c) appoint Hands Free Entertainment
as your agent with full power to enter into
any document and/or do any act Hands Free Entertainment
may consider appropriate to confirm the grant
and assignment, consent and waiver set out above;
(d) warrant that you are the owner of the User
Content and entitled to enter into these Terms
of Use; (e) confirm that no such User Content
will be subject to any obligation, of confidence
or otherwise, to you or any other person and
that Hands Free Entertainment shall not be liable
for any use or disclosure of such User Content.
Third-Party Sites
This Site may link you to other sites on the
Internet. These sites may contain information
or material that some people may find inappropriate
or offensive. These other sites are not under
the control of Hands Free Entertainment, and
you acknowledge that (whether or not such sites
are affiliated in any way with Hands Free Entertainment)
Hands Free Entertainment is not responsible
for the accuracy, copyright compliance, legality,
decency, or any other aspect of the content
of such sites. The inclusion of such a link
does not imply endorsement of any site by Hands
Free Entertainment or any association with its
operators.
Hands Free Entertainment cannot ensure that
you will be satisfied with any products or services
that you purchase from any third-party site
that links to or from Hands Free Entertainment
since other shop channels are owned and operated
by independent retailers. Hands Free Entertainment
does not endorse any of the merchandise, nor
has Hands Free Entertainment taken any steps
to confirm the accuracy or reliability of any
of the information contained in such third-party
sites. Hands Free Entertainment does not make
any representations or warranties as to the
security of any information (including, without
limitation, credit card and other personal information)
you might be requested to give any third party,
and you irrevocably waive any claim against
us with respect to such sites. We strongly encourage
you to make whatever investigation you feel
necessary or appropriate before proceeding with
any online transaction with any of these third
parties. For further information about the policies
of online stores in the Hands Free Entertainment
shopping mall, click here.
Proprietary Online Services
Any area of this Site that is accessed through
any proprietary online service is subject to
the rules, policies and guidelines of such proprietary
online service.
Jurisdictional Issues
The Materials and all other content in this
Site are presented solely for the purpose of
providing entertainment and information and
promoting programs, films, music, and other
products available in the United States, its
territories, possessions, and protectorates.
The Site is controlled and operated by Hands
Free Entertainment from its offices within the
State of Texas, United States of America.
These Terms of Use shall be governed by, construed
and enforced in accordance with the laws of
the State of Texas, as they are applied to agreements
entered into and to be performed entirely within
Texas. Any action you, any third party or Hands
Free Entertainment may bring to enforce these
Terms of Use or, in connection with any matters
related to the Site shall be brought only in
either the State or Federal Courts located in
Harris County, Texas, and you expressly consent
to the jurisdiction of said courts.
If any provision of these Terms of Use shall
be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable
for this agreement and shall not affect the
validity and enforceability of any remaining
provisions. This is the entire agreement between
the parties relating to the matters contained
herein.
Claims of Infringement
If you believe that any content appearing on
this Site infringes your copyright rights, we
at Hands Free Entertainment want to hear from
you. Please forward the following information
in writing to the Copyright Agent at the address
listed below.
(a) your name, address, telephone number, and
e-mail address;
(b) a description of the copyrighted work that
you claim has been infringed;
(c) the exact URL or a description of each place
where alleged infringing material is located;
(d) a statement by you that you have a good
faith belief that the disputed use has not been
authorized by you, your agent, or the law;
(e) your electronic or physical signature or
the electronic or physical signature of the
person authorized to act on your behalf; and
(f) a statement by you made under penalty of
perjury, that the information in your notice
is accurate, that you are the copyright owner
or authorized to act on the copyright owner's
behalf.
Copyright Agent
Hands Free Entertainment
PO Box 25231
Houston, TX 77265
Tel: 888 873 1433
Fax: 888 873 1433
Email: legal (@) handsfreeentertainment.com
Hands Free Entertainment seeks to preserve any
and all exemptions from liability that may be
available under the copyright law, but does
not necessarily stipulate that it is a service
provider as defined in USC section 512(c) or
elsewhere.
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