ALL RIGHTS RESERVED. ALL MATERIALS CONTAINED IN THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMAGES, ILLUSTRATIONS, AUDIO CLIPS, AND VIDEO CLIPS INCLUDING BUT NOT LIMITED TO TRAILERS, TV SPOTS AND ANY AND ALL AUDIO VISUAL MATERIALS (COLLECTIVELY 'THE MATERIAL') ARE PROTECTED BY COPYRIGHT AND TRADEMARK AND SHALL NOT BE USED FOR ANY PURPOSE WHATSOEVER OTHER THAN PRIVATE, NON-COMMERCIAL VIEWING PURPOSES. REPRODUCTION, DUPLICATION, DISTRIBUTION, DERIVATIVE WORKS, POSTING, AND OTHER UNAUTHORIZED COPYING OR USE OF THE MATERIAL CONTAINED HEREIN IS EXPRESSLY PROHIBITED.
Kaxan Media Group grants Participant a non-exclusive, non-assignable, and non-transferable license to use and display, for personal and noncommercial use only, one copy of any material that Participant may download from this site, including, but not limited to, any files, codes, audio, or images incorporated in or generated by the software (collectively 'Downloaded Material') provided, however, that Participant maintains all copyright and other notices contained in such Downloaded Material. Participant acknowledges and agrees not to sublicense, assign, or otherwise transfer this license or the Downloaded Material. Participant also agrees not to alter, disassemble, decompile, reverse engineer, or otherwise modify the Downloaded Material.
USER'S AGREEMENT AND RULES OF CONDUCT FOR KAXAN MEDIA GROUP SITE:
Use and participation in Kaxan Media Group Internet site is contingent upon Participant´s acceptance of the following terms and rules. By using this web site, Participant accepts these terms. For purposes of this agreement, "Participant" refers to you. "Kaxan" refers to Kaxan Media Group, its parent, subsidiary and affiliated companies.
1. RULES OF CONDUCT:
(a) Participant shall not post or transmit through Kaxan Media Group any defamatory, threatening, obscene, harmful, pornographic or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation.
(b) Participant shall not upload post or otherwise make available on the Kaxan Media Group site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right.
2. SUBMISSIONS POLICY:
(a) Notwithstanding the above, Participant hereby waives any and all rights to any stories, ideas, drawings, opinions, and any other creative materials posted to the Kaxan Media Group site. Participant authorizes Kaxan Media Group to utilize, in any manner it sees fit and for eternity, the materials posted on the site, which shall become the property of Kaxan Media Group. Participant releases Kaxan Media Group from any and all claims or liability (now known or hereafter arising) in connection therewith, and agrees to indemnify Kaxan Media Group in connection therewith pursuant to the terms of Paragraph 3 below. Participant agrees and acknowledges that participation in the Kaxan Media Group site shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between Kaxan Media Group and Participant (other than the contractual relationship between Kaxan Media Group and Participant entered into by virtue of Participant´s agreement to these Rules of Conduct.)
3. RIGHTS OF KAXAN MEDIA GROUP / DISCLAIMER OF LIABILITY:
(a) Kaxan Media Group is a distributor only (and not a publisher) of Kaxan Media Group Chat Room and Bulletin Board content which is supplied by Participant with occasional responses from Kaxan. Kaxan Media Group shall not be responsible for policing, monitoring, or editing such content, exercises no more editorial control over such content than would a public library, bookstore, newsstand, or other distributor of content, and accordingly, shall not be responsible for exercising editorial control over such content. Notwithstanding the foregoing, Kaxan Media Group shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by Participants and in order to determine compliance with the foregoing Rules of Conduct. Kaxan Media Group shall have the right and sole discretion to edit, to refuse to post or to remove any content whatsoever which it finds to be in violation of the provisions hereof or which it finds in its sole discretion to be otherwise objectionable for any reason.
The opinions expressed in the chat rooms and bulletin boards are not necessarily (and in some cases not at all) those of Kaxan Media Group. Kaxan Media Group is not responsible for any materials provided by users which are deemed harmful or offensive to others. Kaxan Media Group is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in these sections of the site.
(b) Kaxan Media Group makes no warranties, express or implied, as to the content in the Kaxan Media Group site or the accuracy or reliability of any information or statements contained therein. All statements, advice and opinions made by Participants in Kaxan Media Group Chat Rooms and Bulletin Boards are those of such Participants only, and Kaxan Media Group neither endorses nor shall be held responsible for the reliability or accuracy of same.
(c) Kaxan Media Group is not responsible for the content or practices of third party Web sites that may be linked to a Kaxan Media Group site. This site may also be linked to Web sites operated by companies affiliated with Kaxan Media Group. Visitors to those sites should refer to each sites separate privacy policies and practices.
4. PARTICIPANT'S INDEMNIFICATION / OBLIGATIONS:
Participant agrees to defend, indemnify and hold harmless Kaxan Media Group, its parent, subsidiary and affiliated companies and their respective directors, officers, employees and agents from and against all claims, losses, costs and expenses (including attorneys fees) arising out of Participant's use of Kaxan Media Group sites, or arising out of any violation of these Rules of Conduct by Participant including, without limitation, any communication by Participant which is claimed to be defamatory, obscene or otherwise unlawful, which is claimed to violate the copyright, trademark, proprietary or other rights of third parties, or which constitutes a submission of materials.
Kaxan Media Group shall have the right to immediately terminate any Participant's use of the Kaxan Media Group site if Kaxan Media Group determines in its sole discretion that Participant has violated the Rules of Conduct set forth herein or otherwise breached this agreement, or has engaged in conduct which Kaxan Media Group determines in its sole discretion to be unacceptable.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. This Agreement shall be construed in accordance with the laws of the State of Jalisco, and parties consent to the jurisdiction of the courts in Mexico, without regard to its conflict of laws rules.
The Kaxan Media Group site contains neither expressed no implied warranties for use. Kaxan Media Group does not warrant that the site will be without viruses or defects, and Kaxan Media Group is not responsible for any repair or maintenance visitor's system may require as a result of using the Kaxan Media Group site.
This site is operated by Kaxan Media Group from its headquarters in Jalisco, Mexico. Participants attempting to access this site from other locations do so of their own volition and shall comply with any applicable local laws governing interactive sites.
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