terms & conditions RARENYC.COM - TERMS AND CONDITIONS PLEASE READ THESE TERMS OF USE PRIOR TO USING THE RARENYC.COM SITE (the "Site"). By using the Site, you are assenting to these terms of use. If you do not agree with these terms, please do not use the Site. RARE Productions, Inc. ("RARE") reserves the right in its sole discretion, to modify, alter or otherwise update these Terms of Use, and you agree to be bound by these changes. You agree to review these Terms of Use on a periodic basis. COPYRIGHT NOTICE All Materials on the Site, including but not limited to written content, images, illustrations, downloads, audio clips, and video clips ("Materials") are protected by copyrights owned or controlled by RARE. The Materials presented here may not under any circumstances be resold or redistributed for compensation of any kind without prior written permission from RARE. Materials on this site are for informational, publicity and promotional use only. They may be used only as described herein. The Materials contained in the Site are protected under the copyright and trademark laws of the United States and other countries. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTION, OR DUPLICATING OF ANY OF THE MATERIALS (WHETHER FOR COMMERCIAL OR NON-COMMERCIAL PURPOSES) IS PROHIBITED. By submitting Materials of any kind to any area of the Site, you automatically grant, or warrant that the owner of such Materials has expressly granted RARE the perpetual, irrevocable, royalty-free, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such Materials (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Materials. You also hereby grant RARE the right to edit, copy, publish and distribute any Materials made available by you on the Site. RARE is not responsible, and shall have no liability, for any messages or Materials posted by users of the Site on message boards. While RARE does not routinely review or verify messages or Materials posted by users to message boards, RARE reserves the right to remove such messages or Materials in its sole discretion. DISCLAIMERS; LIMITATION OF LIABILITY 1. RARE DOES NOT ENDORSE, OPERATE, CONTROL, ASSUME RESPONSIBILITY FOR OR MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE PRODUCTS CONTAINED ON THIS SITE ("PRODUCTS"), THE MATERIALS OR ANY CLASSES OR SERVICES OFFERED THROUGH THE SITE (COLLECTIVELY, "SERVICES"). ALL SUCH PRODUCTS, MATERIALS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. RARE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCTS, MATERIALS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS AND TIMELINESS. RARE IS FURTHER NOT RESPONSIBLE IN ANY WAY FOR THE CONTENT, CLAIMS, OFFERS, STATEMENTS AND VISUAL ELEMENTS OF ANY SITE THAT IS LINKED TO OR FROM THIS SITE, REGARDLESS WHETHER THE LINK WAS AUTHORIZED BY RARE. RARE USES REASONABLE EFFORTS TO ENSURE THAT INFORMATION CONTAINED IN THE SITE IS ACCURATE AS OF THE DATE OF PUBLICATION, BUT MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE ACCURACY OF SUCH INFORMATION. 2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RARE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PRODUCTS, MATERIALS, SERVICES, THE SITE OR ANY OTHER CONTENTS OF THE SITE; (b) THE COST OF PROCURING SUBSTITUTE GOODS AND/OR SERVICES IN CONNECTION WITH ANY PRODUCTS, MATERIALS, OR SERVICES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (d) ANY OTHER MATTER RELATING TO THE SITE. 3. IF, NOTWITHSTANDING THE FOREGOING, RARE SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OR PURCHASE OF ANY PRODUCT, SERVICES OR ANY USE OF THE SITE OR ITS CONTENT, THE LIABILITY OF RARE SHALL IN NO EVENT EXCEED YOUR PAYMENT TO RARE FOR THE RELEVANT PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE. 4. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS SITE OR ANY PRODUCTS OR CONTENT PROVIDED BY OR THROUGH THIS SITE, MUST BE BROUGHT WITHIN SIX (6) MONTHS OF ACCRUAL OF THE RELEVANT CLAIM. YOU AGREE THAT YOUR REMEDIES AGAINST RARE IN CONNECTION WITH YOUR USE OF THE PRODUCTS, CONTENT AND THIS SITE ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS. By submitting messages and/or Materials to the Site, each user agrees to indem nify, defend and hold harmless RARE from all damages, costs and expenses, including rea sonable attorney's fees and costs arising out of all claims, challenges or actions, including claims for infringement, libel and slander, related to the user's submission. Releases You acknowledge that your use of the Site is at your sole risk and that you assume full responsibility for all risk associated with such use including responsibility for all risks and costs associated with the purchase, use and any necessary servicing or repairs of any Products or Services you may purchase in connection with your use of the Site. You hereby release RARE, its officers, directors, employees and agents from liability for any damages which may arise in connection with the Products sold and Services rendered by RARE and any Materials accessed or information submitted through this Site. RARE is not the manufacturer of any Products sold through the Site. In the event that you have a dispute of any kind arising out of your purchase of any Product listed sold through this Site, you release RARE (and our officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." INDEMNIFICATION You agree to indemnify RARE for any and all claims, damages, losses, and causes of action arising out of your posting of any email, image, or other content on the Site, your unauthorized publication or transmittal of Materials or your failure to comply with these Terms of Use. COPYRIGHT AGENT RARE respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed; 3. a description of where the Materials that you claim is infringing is located on the Site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. RARE's Copyright Agent for notice of claims of copyright infringement on its site is Andrew D. Herz, Esq. who can be reached as follows: By mail: Andrew D. Herz, Esq. Copyright Agent Kay & Boose LLP 1 Dag Hammarskjold Plaza New York, N.Y. 10017 Phone: 212-940-8238 Facsimile: 212-755-0921 JURISDICTIONAL ISSUES This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York as it is applied to agreements entered into and to be performed entirely within such State, without regard to its conflict of law provisions. You agree that any action related to this site must be brought in either the State or Federal Courts located in the State of New York, New York County. OTHER If any provision of this agreement shall be unlawful, void, or for any reason unenforceable in whole or in part, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of RARE to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms and Conditions constitutes the entire agreement between Rare and you with respect to the subject matter hereof and supersedes all prior discussions, documents, agreements and prior course of dealing, and may not be modified except by a written agreement between both parties. copyright © 2002 - rare productions, inc. all rights reserved.