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TERMS OF USE

Welcome to the Internet site of Todd McFarlane Productions Inc., TMP International Inc., and Todd McFarlane Entertainment Inc. (together, the "McFarlane Companies"). Please read these Terms of Use carefully before using this site. By using our site, you signify your agreement to our Terms of Use. If you do not agree to these terms, do not use our site. Please be sure to check this page periodically in the future, since we reserve the right to change, add or delete portions of our terms. Your continued use of this site after we post a change to these Terms of Use will mean that you agree to abide by the change.

RESTRICTIONS ON USE OF MATERIALS
All materials contained on this site are protected by the United States copyright and trademark laws. All copyrights, trademarks, service marks and trade dress are the property of the McFarlane Companies or the parties designated on this site as the owners of those rights.

The contents of this site are intended solely for your personal, noncommercial use. Accordingly, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way other than the downloading of one copy of the materials on a single computer for your personal, noncommercial use. If you choose to download any material from our site, the following additional restrictions apply: (1) you must keep intact all copyright, trademark and other proprietary notices, (2) you must not make any modifications to the materials, and (3) you must not use the materials in a manner that suggests any association or approval or endorsement by any of the McFarlane Companies or their principals.

As a condition of your use of McFarlane Companies Services, you will not use McFarlane Companies Services for any purpose that is unlawful or prohibited by the terms and conditions and notices. You may not use McFarlane Companies Services in any manner that could damage, disable, overburden or impair McFarlane Companies Site/McFarlane Companies Services or interfere with any other party's use and enjoyment of any McFarlane Companies Site/McFarlane Companies Services. You may not attempt to gain unauthorized access to any McFarlane Companies Site/McFarlane Companies Services, other accounts, computer systems or networks connected to any McFarlane Companies Site/McFarlane Companies Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the McFarlane Companies Site/McFarlane Companies Services.

You agree to use McFarlane Companies bulletin board services, chat areas and other message communication services only to post, send and receive messages and material that are proper and legal. By way of example and not limitation, you agree you will not:

  • Use the McFarlane Companies Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, scamming or any duplicative or unsolicited messages (commercial or otherwise).

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence toward one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

  • Upload or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

  • Use any material or information, including images or photographs, which is made available through the McFarlane Companies Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.

  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the operation of another's computer or property of another.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless McFarlane Companies Services specifically allows such messages.

  • Download any file posted by another user of McFarlane Companies Services that should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying McFarlane Companies Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular McFarlane Companies Service.

  • Harvest or otherwise collect information about others, including e-mail addresses.

  • Violate any applicable laws or regulations.

  • Create a false identity for the purpose of misleading others.

  • Harm minors in any way.

  • Use, download or otherwise copy or provide (whether or not for a fee) to a person or entity any directory users of an McFarlane Companies Site/Service(s) or other user or usage information or any portion thereof.

If any service of McFarlane Companies requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted with the applicable registration form. You are entirely responsible for maintaining the confidentiality of any passwords you might create and your account. You agree to notify McFarlane Companies immediately of any unauthorized use of your account or any other breach of security. McFarlane Companies will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by McFarlane Companies or another party due to someone else using your account or password.

McFarlane Companies has no obligation to monitor the McFarlane Companies Services. However, McFarlane Companies reserves the right to review materials posted to an Mcfarlane Companies Service and to remove any materials at its sole discretion. McFarlane Companies reserves the right to terminate your access to any or all of the McFarlane Companies Services at any time, without notice, for any reason whatsoever.

McFarlane Companies reserves the right at all times to disclose any information as McFarlane Companies deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at McFarlane Companies' sole discretion.

Furthermore, you cannot reproduce, modify, create derivative works from, display, perform, publish, distribute or circulate any of the material on this site to any third party (including the display and distribution of the material on a Web site) without written permission from the McFarlane Companies or the copyright holder identified in the copyright notice. Any unauthorized or prohibited use of the material on this Web site may subject you to civil liability and criminal prosecution.

LINKS TO OTHER SITES
McFarlane Companies may provide, or third parties may provide, links to other Internet web sites or resources. Because the McFarlane Companies has no control over such sites and resources, you acknowledge and agree that McFarlane Companies is not responsible for the availability of such external sites and resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that McFarlane Companies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

SPECIAL CONSIDERATIONS FOR INTERNATIONAL USERS
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. In addition, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

SUBMISSIONS
While we are pleased to hear from you, we do not solicit or accept submissions of creative ideas or stories, suggestions, original artwork, marketing concepts and the like (together, "Submissions"). This is because we want to avoid the possibility of future misunderstandings when projects and ideas created by our staff might seem to others to be similar to their own creative work. Thus, please do not send us unsolicited Submissions.

If despite this request, you do send us a Submission, please be advised of the following: Under no circumstances will the McFarlane Companies be required to treat any Submission as confidential. Furthermore, the McFarlane Companies will not be liable for any use they make of any Submission in their business (including products and creations); nor will they be liable as a result of any similarities to any Submission that may appear in the future business of one of the McFarlane Companies. Without limitation, the McFarlane Companies will be entitled to use the Submission for any purpose whatsoever without compensation to you or any other person involved in creating or sending the Submission.

FORUMS AND POSTINGS
The public forums and other portions of this Web site provide users with the opportunity to submit, post and exchange information, ideas, opinions, images and other materials (together, "Postings"). If you participate in any Forum, chat area, message board or e-mail function offered on this Web site, you must not (1) defame abuse or harass others, (2) make any bigoted or racially offensive statements, (3) advocate illegal activities, (4) post or distribute any material that violates or infringes the rights of others, or (5) use the site for commercial purposes of any kind. We reserve the right to remove or edit Postings at any time and for any reason.

By submitting a Posting, you automatically grant the McFarlane Companies a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify adapt, publish, translate and display such materials or incorporate such materials into any form, medium or technology now known or later developed.

DOWNLOADS
If you choose to download any material from our site, the following restrictions apply:

  1. you must not use the materials in a manner that suggests any association or approval or endorsement by Todd McFarlane or any of the McFarlane companies (McFarlane Toys, TMP International Inc., Todd McFarlane Productions Inc., or Todd McFarlane Entertainment Inc);

  2. you may only use the materials for personal, noncommercial purposes;

  3. you must not make any modifications to the materials; and

  4. you must keep intact all copyright, trademark and other proprietary notices.

Finally you must display the following legend: "ALL SPAWN AND SPAWN-RELATED NAMES, CHARACTERS, IMAGES AND LOGOS ARE PROTECTED BY TRADEMARK, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. ALL RIGHTS ARE OWNED BY TODD McFARLANE PRODUCTIONS INC., TMP INTERNATIONAL INC., TODD McFARLANE ENTERTAINMENT INC., OR THE PARTY DESIGNATED AS THE OWNER OF THE RIGHTS."

Any material downloaded or otherwise obtained through the use of this site is done at your own discretion and risk. You acknowledge and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

DISCLAIMERS
By using this Web site and/or posting material, you agree to indemnify McFarlane Companies Services, its officers, directors, employees, agents, distributors and affiliates for any and all claims, damages, losses and causes of action arising out of your breach of the foregoing agreement. The materials on this site are transmitted and distributed "as is" and without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability, or fitness of a particular purpose. McFarlane Companies Services makes no warranty as to the quality, accuracy, completeness and validity of any materials on this Web site and does not warrant that the functions contained on the Web site will be uninterrupted or error-free, or that defects will be corrected. Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.

The material provided on this web site is for entertainment and promotional purposes only. Information and opinions expressed in Bulletin Boards or other Forums are not necessarily those of McFarlane Companies Services. Neither McFarlane Companies Services, nor its officers, directors, employees, agent, distributors and affiliates are responsible or liable for any loss, damage (including, but not limited to, actual, consequential or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on this Web site.

JURISDICTION
This site is controlled and operated by McFarlane Companies Services with its headquarters in Arizona. McFarlane Companies Services does not represent or warrant that materials on this Web site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.

This agreement shall be governed by and construed in accordance with the laws of the State of Arizona, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to this site shall be brought only in the State or Federal Courts located in Phoenix, Arizona. For the purpose of such legal action, the parties (a) consent to the jurisdiction of the Arizona federal and state courts, (b) waive personal service of process, and (c) consent to service of process by overnight courier. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and McFarlane Companies Services and the agreement shall not be modified, except in writing, signed by both parties.

CONTEST RULES
Click here for our contest rules.

updated April 15, 2003

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