Terms of Use

CinoFusion LLC
Website Terms of Use
April 2007

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE
These terms and conditions (the "Site Terms") apply exclusively to your access to, and use of, this Website (the "Site") and do not alter in any way the terms or conditions of any other agreement you may have with CinoFusion, LLC ("CinoFusion") for products, services or otherwise.
CinoFusion reserves the right to amend at any time any policies governing this Site, including these Site Terms and CinoFusion's Privacy Policy, by posting the amended terms and indicating the date of the last revision. The amended terms shall be effective immediately after they are initially posted on this Site. If you do not accept the amended terms, you must cease using this Site.

Privacy Policy��

CinoFusion believes strongly in protecting user privacy. Please refer to our Privacy Policy for information on how CinoFusion collects and uses information from our customers.

Limited License��
CinoFusion grants you a limited license to make personal use only of the Site. Such license is subject to the Site Terms and does not include: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site or any information contained on the Site, except as expressly permitted on the Site; or (f) any use of the Site other than for its intended purpose. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in under any patent, trademark, or proprietary right of CinoFusion or any third party.

Copyright��

Unless otherwise indicated, all Website materials and content, including, without limitation, the CinoFusion logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of CinoFusion or its licensors. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational, non-commercial, personal use only. Any other use of the materials in this Website-including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance-without the prior written permission of CinoFusiont is strictly prohibited.

Repeat Infringer Policy��

CinoFusion respects the intellectual property of others, and we ask our users to do the same. CinoFusion may, in appropriate circumstances and at its own discretion, limit access to this Website and/or terminate the access of any users who infringe the intellectual property rights of others.

Intellectual Property

CinoFusion, the CinoFusion logo, and any product or service name or slogan contained in this Website, are the exclusive intellectual property of CinoFusion, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CinoFusion. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of CinoFusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CinoFusion. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

Hyperlinks��

You are granted a limited, non-exclusive right to create a hyperlink to this Website for noncommercial purposes provided such link does not portray CinoFusion or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any CinoFusion trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page without CinoFusion's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of CinoFusion or any third party. CinoFusion makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Websites accessible by hyperlink from this Website, or Websites linking to this Web site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. CinoFusion is providing these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement, or adoption of the site or any information contained therein.

Third Party Content & Services

CinoFusion may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. CinoFusion does not monitor nor has any control over any Third Party Content or third party Websites. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Furthermore, we do not represent or warrant the accuracy of any information contained therein, and undertake no responsibility to update or review any Third Party Content. If you use these links and Third Party Content, you do so at your own risk.

Submissions��

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, potential game terms, plans, notes, drawings, photographs, original or creative materials or other information, provided by you in the form of e-mail or other submissions to CinoFusion, or postings on this Website, are non-confidential and shall become the sole property of CinoFusion. CinoFusion shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to CinoFusion, including the posting of materials to any forum or interactive area, irrevocably waives any and all legal and "moral" rights in such materials.

Indemnification��

You agree to defend, indemnify and hold harmlessCinoFusion, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorney's fees) arising our of your use of the CinoFusion Website, including without limitation any actual or threatened suit, demand, or claim made against CinoFusion and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these Site Terms, or your violation of the rights of any third party.

Disclaimer��

THIS WEBSITE AND THE MATERIALS IN THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PFF ENTERTAINMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PFF ENTERTAINMENT DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR FREE OF ERRORS. PFF ENTERTAINMENT DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. We reserve the right to change any and all content contained on this Website at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CinoFusion.

Limitation of Liability��

IN NO EVENT SHALL CinoFusion, IT OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PFF ENTERTAINMENT, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CINOFUSION'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CINOFUSION (WHETHER IN CONTRACT, WARRANTY TORT-INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED-PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF CINOFUSION'S WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CINOFUSION FOR ACCESS TO OR USE OF THIS WEBSITE.

Applicable Law��

These Site Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Wilson County, Tennessee and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

Termination��

Notwithstanding any of these Site Terms, CinoFusion reserves the right, without notice and in its sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website.

Severability��

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Questions & Contact Information��

Phone: 888-617-7382
Fax: (615) 469-4329
Email: legal@cinofusion.com
Address: P.O. Box 1602 Mount Juliet, TN 37121