Terms of Use Welcome to the Internet Site for Scream at the Beach. Scream at the Beach is operated by TW Productions LLC (referred to herein as "Scream at the Beach," "we," "us," or "our"). PLEASE READ THESE TERMS OF USE (the "Agreement") CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Scream at the Beach Site following the posting of changes to these terms will mean you accept those changes. RESTRICTIONS ON USE OF MATERIALS. All materials contained on this site are the copyrighted property of Scream at the Beach. All trademarks, service marks, and trade names are proprietary to Scream at the Beach, or its affiliates. No material from any Scream at the Beach Site or any Internet Site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any Scream at the Beach Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us. SUBMISSIONS. Scream at the Beach is pleased to hear from its loyal friends and visitors and welcomes your comments regarding Scream at the Beach products, services and events, including Scream at the Beach's online services. Scream at the Beach welcomes original ideas or any work that may be of benefit for visitors to our site or in developing future attractions. If you send us creative suggestions, ideas, messages, notes, drawings, concepts, or other information of any nature and in any form (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Scream at the Beach and may be used by Scream at the Beach in its sole discretion. None of the Information shall be subject to any obligation of confidence on the part of Scream at the Beach, and Scream at the Beach shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, Scream at the Beach shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information. To the extent that such ownership rights are not enforceable with respect to any of the Information, you hereby grant to Scream at the Beach a perpetual, royalty free, worldwide, sublicensable, non-exclusive, irrevocable license to use, reproduce, perform, display, electronically transmit, and create derivative works based on, any Information you upload or post on the Site, and you hereby warrant to Scream at the Beach that you have full power and authority to grant such a license. To the extent allowed by law, this Section includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights," "artist's rights," "droit moral" or the like (collectively "Moral Rights"). To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to, and provide all necessary ratifications and consents to, any action that may be taken with respect to such Moral Rights by Scream at the Beach; you agree not to assert any Moral Rights with respect thereto. INDEMNIFICATION. You agree to indemnify and hold Scream at the Beach, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using the Account, of any intellectual property or other right of any person or entity, and (ii) all consequences, including personal harm, of your having been exposed to or not exposed to information through the Site. JURISDICTIONAL ISSUES. Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting programs, films, and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Scream at the Beach from a server located within the State of Oregon, United States of America. Scream at the Beach 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. DISCLAIMER. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Scream at the Beach DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Scream at the Beach 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. Scream at the Beach DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT, USE, OR THE RESULTS OF THE USE OF ANY OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU RELEASE Scream at the Beach FROM ALL LIABILITY FOR YOUR HAVING ACQUIRED OR NOT ACQUIRED INFORMATION THROUGH THE SITE OR FOR THE USE BY THIRD PARTIES OF ANY PERSONAL INFORMATION THAT YOU MAY CHOOSE TO DISCLOSE ON THE SITE. YOU (AND NOT Scream at the Beach) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY. Under no circumstances, including, but not limited to, negligence, shall Scream at the Beach be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Scream at the Beach or a Scream at the Beach authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Scream at the Beach'S total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site. OTHER. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of law. Any legal dispute shall be settled by a court of competent jurisdiction in the County of Multnomah, State of Oregon. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. 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. This is the entire Agreement between the parties relating to the subject matter herein and is not subject to modification except as provided herein.
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