Poscimur Terms and Conditions

Terms of Use
Welcome to the Pocscimur’s Terms of Use section. POSCIMUR web sites are best viewed using a contemporary browser.

Use of POSCIMUR web sites (including but not limited to: www.hitentertainment.com and other web sites affiliated with POSCIMUR) (each a "Site") are offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on the Site. Your use of POSCIMUR Sites, or of any content presented in any and all areas of those Sites, indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy, and other notices posted on the Site. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our information, services, or Site.

POSCIMUR shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on the Site. The most recent version of these Terms of Use may always be found at www.hitentertainment.com/terms/. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Site following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on 4 June 2010.

Restrictions on use of materials
This Site is owned and operated by Poscimur and its affiliates and subsidiaries (referred to as "POSCIMUR" "we," "us," or "our" herein). All content on this Site, including, without limitation, all programs, interface layout, interface text, images, documentation and graphics, animations, audio clips, video clips, and other copyrightable elements, and the arrangement thereof, and all copyrights, trademarks, service marks, trade dress and trade names, are the property of POSCIMUR and/or its affiliates, subsidiaries, assigns, licensors or other stated owners and are protected by international and United States copyright laws. No material from the Site or any web site owned, operated, licensed or controlled by POSCIMUR 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, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of POSCIMUR's (or its licensors') copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or computer environment is prohibited.

In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by POSCIMUR (or our third party licensors) for your personal, non-commercial home use only. POSCIMUR does not transfer title to the Software to you. You own the medium on which the Software is recorded, but POSCIMUR (or our third party licensors) retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

Registration
To access certain areas or features of this Website, you may be asked to register and to provide POSCIMUR with certain information about yourself. Should you choose to register on this Website, you hereby represent, warrant, and covenant that: (i) you have the power and authority to enter into this Agreement; and (ii) you are at least thirteen (13) years old. For information about our privacy practices, click here for our Privacy Policy. You are responsible for providing POSCIMUR with true, accurate, and updated information about yourself. If you provide any information that is untrue or inaccurate, or which POSCIMUR reasonably believes is untrue or inaccurate, POSCIMUR reserves the right to suspend or terminate your use of this Website.

You shall not use a username or password that POSCIMUR, in its sole discretion, deems offensive or inappropriate. POSCIMUR reserves the right to deny creation of your account based on POSCIMUR's inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately email us at privacyadmin@pacifierland.com to notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are fully responsible for all usage and activity on your POSCIMUR account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. If the computer system on which you accessed this Website is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of this Website. You may terminate your account at any time by contacting us at privacyadmin@pacifierland.com. Notwithstanding anything else herein, POSCIMUR reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account at any time and certify that you currently have no other account(s) with this Website.

Submissions
It is POSCIMUR’s company policy not to accept the unsolicited submission of new programme ideas. Projects will only be considered via our online submissions portal and through the following channels:

Agents
Publishers
Content providers for the entertainment industry e.g. production companies, broadcasters etc

If you wish to make a submission on this basis, please email for details of how to submit. Please do not send any materials to this email address.

If you wish to post to the Website or otherwise send us comments, images, video, photographs, contest or sweepstakes entries, messages to other Website users, or unsolicited creative ideas, suggestions, or materials (each a "Submitted Material" and collectively, the "Submitted Materials"), the Submitted Materials shall be deemed, and shall remain, the property of POSCIMUR. None of the Submitted Materials shall be subject to any obligation of confidence on the part of POSCIMUR and POSCIMUR shall not be liable for any use or disclosure of any Submitted Materials. You agree not to make any claim against POSCIMUR as a result of the use or non-use of the Submitted Materials (including, without limitation, any claim that such use invades any right of privacy and/or publicity). You understand that you will not be paid any money or receive any form of compensation for giving POSCIMUR these rights, or for agreeing to this Agreement. YOU HEREBY REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PARAGRAPH AND THAT NO ORAL REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU.

POSCIMUR reserves the right, in its sole discretion, to delete, take down, or refuse to post or otherwise make public any Submitted Materials. Without limitation of the foregoing, POSCIMUR shall have the right to use and change the Submitted Materials in any manner that POSCIMUR may determine. You acknowledge that POSCIMUR may or may not pre-screen Submitted Materials, but POSCIMUR and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Submitted Materials. POSCIMUR may, in its sole discretion, monitor the Submitted Materials of all users, but POSCIMUR cannot be responsible for the views or opinions expressed. POSCIMUR neither endorses the contents of any user communications or Submitted Materials nor assumes responsibility for any material contained therein, any infringement of any intellectual property rights arising there from, or any crime facilitated thereby. POSCIMUR may delete or terminate, in its sole discretion, any and all information and/or Submitted Materials, at any time, without notice, for any reason, including without limitation, online conduct that it believes is harmful to other users, the business of POSCIMUR, its affiliates, or other third-party information providers, or for conduct that violates this Agreement or other policies or guidelines set out by POSCIMUR elsewhere on this Website.

 

 

Contests and Sweepstakes
In the event that POSCIMUR chooses to offer certain activities on this Site, including without limitation, contests and sweepstakes, by POSCIMUR and in conjunction with third parties, POSCIMUR may post rules specifically governing your participation in the offered activity (“Rules of Participation”). This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.

Disclaimer And Limitation of Liability
This Site is for informational and entertainment purposes only. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance or any other uses by you in any form or manner whatsoever. POSCIMUR makes no representation that any materials on a Site are appropriate or authorised for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access a Site, you do so at your own risk, on your own initiative and with sole responsibility for your safety. You are responsible for complying with all applicable laws.

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED, DISTRIBUTED AND TRANSMITTED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. POSCIMUR SHALL NOT BE RESPONSIBLE FOR, AND DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF, FAILURES IN PERFORMANCE, DELAYS OR INTERRUPTIONS, INACURRACIES OR ERRORS IN MATERIALS, VIRUSES OR CONTAMINATION, OR OTHER ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK.

POSCIMUR reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this Site or any information contained thereon without liability or notice to you.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, POSCIMUR, ITS AFFILIATES, RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND PROVIDERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL POSCIMUR'S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT POSCIMUR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY BY YOU.

Privacy Policy
You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at: http://www.poscimur.com/corporate/privacy.html.

Confidentiality and Transmissions over the Internet
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations
You agree to follow all applicable laws and regulations when using this Site. Furthermore, you agree that you shall not:

  1. upload, post or otherwise transmit through or to this web site any content that:
    1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
    2. infringes or violates the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
    3. contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
  2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorised access to any portion of our Site, its computer systems, servers or networks;
  3. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
  4. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
  5. collect information about other visitors to our Site without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
  6. sell access to or the use of this Site, including any content contained on, downloaded or accessed from this Site;
  7. redistribute any content, including, but not limited to, financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other digital, electronic or paper-based service or method; or
  8. intentionally alter the format in which data is provided by us or otherwise circumvent our regular interfaces to such data.

We reserve the right to edit or remove messages or materials submitted by you.

POSCIMUR cannot and does not guarantee that other Website users will comply with the user conduct and obligations above.

Independent Investigation
POSCIMUR reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever POSCIMUR becomes aware of possible violations. Such an investigation may include gathering information from the user and the complaining party and reviewing materials on POSCIMUR’s servers and systems. During an investigation, POSCIMUR may remove any and all disputed material from POSCIMUR’s servers and systems. If POSCIMUR believes, in its sole discretion, that a violation of the terms and conditions of this Agreement has occurred, POSCIMUR may take any action it deems appropriate under the circumstances known to it, which may include removal of material from POSCIMUR’s servers and systems, warnings, and/or suspension or termination of user account(s). Violations also could subject users to criminal or civil liability.

Indemnification by User
You agree to indemnify, defend and hold us and our affiliates, subsidiaries, suppliers, business partners, officers, directors, shareholders, members, employees and agents harmless from any loss, liability, judgment, claim, penalty, settlement, demand, damage, or expense (including reasonable legal fees) arising in any way from your use of this Site, submission of Submitted Materials, registration, or any breach of these Terms of Use. We reserve the right to assume, at our expense, the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. You will use your best efforts to cooperate with us in the defence of any claim.

Third Party Websites, Content and Products and Services
Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organisations that operate such web sites; (ii) the content, privacy policies or other terms of use on such web sites; or (iii) such third-party products and services. As we have no control or responsibility over web sites or content maintained by other organisations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. You agree that POSCIMUR shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such website. Any concerns regarding any third party website should be directed to its respective website administrator, system operator, or web master.

Proprietary Rights
Pacifierman, Pacifiertree, Pacifierland and any other copyrights, trademarks and proprietary rights on this web site are the property of Poscimur unless otherwise stated (e.g., an affiliate of Poscimur and/or a third-party co-owner). Any unauthorized use of these marks is unlawful. All content on this web site, including, without limitation, all programs, interface layout, interface text, documentation and graphics, animations, video clips, downloadables (screensavers and desktop wallpapers), is the copyrighted property of Poscimur(or as otherwise stated) and is protected by international copyright law. The content on this web site may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

Comments
POSCIMUR is pleased to hear from its loyal fans everywhere and welcomes your comments regarding the POSCIMUR Site, products and services.

Please use the CONTACT US form on the Site to submit any comments and feedback.

General
POSCIMUR shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. POSCIMUR reserves the right to deny access to the Site to anyone at any time, and to terminate these Terms of Use at any time without notice in its sole discretion. Upon termination, you must cease all use of the Site and destroy any materials obtained from such Site and all copies thereof. If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Site; provided that, in the event of any conflict between these Terms of Use and such other terms, the terms of these Terms of Use shall control. These Terms of Use contain the entire agreement between you and POSCIMUR with respect to the Site and supersede all prior understandings or agreements with respect to the Site.

You agree that these Terms of Use, our Privacy Policy, and other notices posted on this Site have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

Any rights not expressly granted to you are reserved by us.

These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales without regard to conflict of laws provisions. You hereby consent generally and unconditionally to the exclusive jurisdiction of the English courts.

Contact
If you have any questions or concerns about the Site or these Terms of Use, please use the CONTACT US form on the Site to submit any questions or concerns.

 

 

 

 

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