Terms of Use

Ownership

Welcome to the New Horizons Pictures Web site at NHP.com (Site) which is owned by New Horizons Pictures (ÒNHPÓ). This Site is operated by NHP and materials on the Site are owned, for the most part, by NHP. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and NHP.

NHP has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an Agreement between you and NHP. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at info@newhorizonspictures.com.

NHP reserves the right to modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by NHP on this Site. You agree to be bound by any changes to this Agreement when you use the Site after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes. If you become aware of misuse of this Site by any person, please contact the Site Administrator at info@newhorizonspictures.com with your concerns.

Access and Use

All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is strictly prohibited unless you have obtained the prior written consent of NHP or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting NHP in writing at info@newhorizonspictures.com.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

Bulletin Boards and Chat Rooms

You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials, Òblogging,Óor engaging in any form of communication in connection with this Site) (collectively Messages) to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively Forums). However, NHP accepts no responsibility whatsoever in connection with or arising from such Messages.

NHP does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by NHP prior to posting and do not necessarily reflect the opinions or policies of NHP. NHP makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums.

You are solely responsible for the content of any Messages you submit to Forums or to this Site. Please choose carefully the information you post on this Site and that you provide to other Forum members (ÒMembersÓ).
NHP assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time NHP chooses, in its sole discretion, to monitor the Forums, NHP nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that NHP accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.

In addition, children under the age of 13 are not authorized to post Messages or participate in Forums on this Site.

The following is a partial list of the content that you are prohibited from posting to Forums or elsewhere on this Site. You agree that you will not submit Messages to Forums or to this Site that:

• disclose personally identifiable information, such as your full name, email address, telephone number or street address;
• are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
• include photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter;
• violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to NHP that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
• improperly assume or claim the identity, characteristics or qualifications of another person;
  are for purposes of spamming;
• contain any virus or other harmful component;
• are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
• are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.

Despite these prohibitions on the content of Messages, information provided by other Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and NHP assumes no responsibility or liability for this material. If you become aware of misuse of the Forums by any person, please contact info@newhorizonspictures.com. NHP reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or Message (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Forums at any time, for any or no reason, with or without prior notice, and without liability. You agree to release NHP, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

You agree that any Message whatsoever submitted by you becomes the property of NHP and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as NHP sees fit.

You are solely responsible for your interactions with other Forum Members. NHP.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

Unsolicited Submissions

NHP does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. NHP's policy is to simply delete any such submission without reading it or forwarding it to other NHP staff. Therefore, any similarity between an unsolicited submission and any elements in any NHP creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.

If unsolicited submissions are sent to NHP via this Site, however, these submissions become the property of NHP and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as NHP sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against NHP, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Employment Opportunities

NHP may, from time to time, post NHP employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to NHP in response to employment listings, you are authorizing NHP to utilize this information for all lawful and legitimate hiring and employment purposes. NHP also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the Site shall constitute a promise by NHP to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that NHP will review any or all of the information submitted to it by users.

Linked Sites and Advertising

If you are interested in creating hypertext links to this Site, you must contact NHP at info@newhorizonspictures.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or NHP, including its respective employees, agents, directors, officers and shareholders.

If NHP has provided links or pointers to other Web sites, they are solely as a convenience to you and no inference or assumption should be made and no representation should be implied that NHP is connected with, operates, controls or endorses these Web sites.

Neither NHP, its third party providers or its distributors is responsible for the content or practices of third party Web sites that may be linked to this Site, and makes no representation or warranty regarding such Web sites or their content. If you decide to access other Web sites, you do so at your own risk. This Site may also be linked to other Web sites operated by companies affiliated or connected with NHP. When visiting other Web sites, however, you should refer to each such Web site's individual Terms of Use and not rely on this Agreement.

NHP takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.

Disclaimer of Liability and Warranties

While NHP does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that NHP DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that NHP, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that NHP is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that NHP is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

Indemnity

You agree to defend, indemnify and hold harmless NHP, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

Termination

NHP reserves the right to immediately terminate your use of, or access to, this Site at any time if NHP decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that NHP considers to be inappropriate or unacceptable.

Copyright Infringement

If you believe that any material contained in this Site infringes your copyright, you should notify NHP of your copyright infringement claim in accordance with the following procedure.

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. ¤512(c)(3)):

1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

This Agreement is governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of California.

NHPª is a registered trademark of Twentieth Century NHP Film Corporation, used under license by NHP.