Introduction

Welcome to Ghost House Pictures online! This Internet site (the “Site”) is owned, controlled, and maintained by New GHP, LLC (“New GHP”, “we”, “us”, or “our”). By accessing and using the Site, you hereby agree to be legally bound by the following terms of use (the “Terms of Use”). If you do not agree to the Terms of Use, please do not use the Site.

Terms

1. Intellectual Property: All materials on the Site, including, without limitation, all text, logos, images, designs, software, audio and video clips, and other content (collectively called the “Content”) are owned by us and/or our licensors. This Content is protected by copyright and trademark laws of the United States and other countries, as well as any other applicable laws. You may use and access the content on this Site on any one (1) computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices and comply fully with the Terms of Use.

You may not copy, reproduce, transmit, create derivative works from, sell, license, distribute, manipulate, or in any way exploit any portion of the Site for any use, unless expressly permitted in writing by New GHP. You agree not to use the Content in a manner which falsely implies that we endorse or are in any way connected with you or any third party. You also agree not to download any of the Content to directly or indirectly create a compilation, directory, or database, unless expressly permitted in writing by New GHP. In addition, any use of the Site’s Content for any purpose not expressly permitted by us in the Terms of Use is strictly prohibited and constitutes a violation of the Terms of Use.

We are pleased to hear from our Site visitors and welcome your comments regarding our services. However, it is our policy not to accept or consider unsolicited submissions of creative materials, suggestions, or ideas. It is our intention to avoid any possible future misunderstandings should your unsolicited ideas seem similar to projects developed independently by New GHP. We therefore request that you do not submit to us any creative works (including ideas, formats, stories, suggestions, screenplays, original artwork, etc.). In the event that you disregard this request and send us unsolicited creative materials, they will become the exclusive property of New GHP and may be used for any purpose whatsoever.

By agreeing to the Terms of Use, any material which you submit or post on the Site, or which you supply to us for use on the Site will, without limitation, belong exclusively to us as our property (collectively called the “Submissions”). The Submissions shall be deemed a non-exclusive, irrevocable, unrestricted license by you to us, and we shall be entitled to use the Submissions for any purpose, commercial or otherwise, in all media now known or later developed. Your Submissions constitute a waiver of any rights, including “moral rights,” or any other rights in any jurisdiction. We shall exclusively own all rights now known or hereafter existing of every kind and nature, in perpetuity, throughout the universe, without compensation to the provider of the Submissions or any other person or entity.

Your Submissions must not violate any third party’s copyright or other rights under any laws in the United States or any other country. In the event that we become aware your Submissions violate a third party’s rights we will remove the Submissions from the Site. You are solely responsible for your Submissions and violations of any third party’s rights. By agreeing to the Terms of Use, you warrant that your Submissions do not violate any third party’s rights.

2. Forums and Public Communications: New GHP may provide to Site users chat rooms, message boards, bulletin boards, or other interactive services (collectively called the “Forums”). We are not responsible for any material in the Forums, including the content and accuracy of any information posted. You acknowledge that you have no expectation of privacy in these Forums or in any communications made to or through the Site, as they are public and thus are not intended for private communications. In addition, you acknowledge that no contractually implied, fiduciary, or other relationship is created as a result of your communications with us. We reserve the right, but have no duty, to edit or remove any material which we believe violates the Terms of Use or is in any way inconsistent with New GHP policy.

3. Rules for use of the Site and Site Services: You assume sole responsibility for the content of your transmissions to the Site or any materials you add to the Site. You agree that you will only use appropriate language when communicating with and through the Site, and will not make any insulting, obscene, racist, or sexually explicit remarks. You shall not submit any content to or through the Site which in our opinion:
Is vulgar, harmful, abusive, bigoted, slanderous, libelous, defamatory, threatening, indecent, pornographic, or sexually explicit;
Is for commercial purposes of any kind, including advertisements and solicitations;
May violate any applicable law, rule, regulation, or encourages illegal activity in any way;
May infringe or violate the intellectual property rights or any other rights of any third party;
Contains false or misleading statements of fact, including misrepresentations of identity or affiliation;
Contains software viruses or any other harmful component.
We reserve the right to remove without notice any content that we consider to be in violation of these Terms of Use.

We have not reviewed all of the sites linked to the Site and are not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

4. Changes to the Terms of Use, the Site, and/or Site Ownership: We reserve the right to modify, add, or delete any portion of the Terms of Use or the Site at any time, at our sole discretion. Any changes will become effective immediately upon being posted to the Site. In addition, we reserve the right to suspend or discontinue any portion of the Site at our sole discretion. Continued use of the Site by you shall be conclusively considered an acceptance of, and agreement to be bound by, any and all such changes. We also reserve the right to place limitations on certain features and/or services or to restrict access to any portion or to the entire Site without notice.

In the event of a change in Site ownership through an acquisition, merger, assignment, or sale, you agree to the disclosure and use of any information we have about you in our records. Continued use of the Site by you shall be conclusively considered an acceptance of, and agreement to be bound by, the Terms of Use of any subsequent owner and/or operator.

5. Privacy: We respect the privacy of the users of this Site. Certain information such as the type of browser being used, its operating system and domain name along with other customary information may be collected by us. Such information may be provided to other parties for marketing, advertising or other uses.

6. Indemnification: You hereby agree to indemnify, defend, and hold harmless New GHP, its parent and affiliated companies, as well as the successors, licensees, assigns, and any connected officers/directors from and against any and all claims, liability, and costs (including reasonable attorneys fees) arising out of any breach or alleged breach of any of the provisions in the Terms of Use, including any transmissions by you of any material over our servers and/or Site. We reserve the right, at our own expense, to exclusively assume the defense and complete control of any matter otherwise subject to your indemnification and you shall not in any circumstance settle any matter without our express written consent.

7. Disclaimer of Warranty: YOUR USE OF THE SITE IS AT YOUR OWN RISK. EVERYTHING ON THE SITE, INCLUDING, BUT NOT LIMITED TO, THE SITE, THE SITE CONTENT, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABLILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, TITLE, COMPATABILITY, ACCURACY, AND SECURITY. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER WHICH OPERATES THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. Limitation of Liability: YOU ASSUME FULL RISK AND RESPONSIBILITY FOR ANY LOSS THAT MAY RESULT FROM YOUR DOWNLOADING AND/OR USE OF INFORMATION, CONTENT, FILES, OR OTHER MATERIAL ACCESSED THROUGH THE SITE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES THAT RESULT, DIRECTLY OR INDIRECTLY, FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ITS CONTENT OR SERVICES, EVEN IF NEW GHP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL YOU BE ENTITLED TO ANY INJUNCTIVE OR EQUITABLE FORM OF RELIEF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE TOTAL LIABILITY OF NEW GHP TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO NEW GHP FOR ACCESSING THE SITE. YOU HEREBY RELEASE NEW GHP, ITS PARENT, AND ITS AFFILIATED COMPANIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS EXCEEDING THIS LIMITATION.

9. General: These Terms of Use set forth the entire agreement between you and New GHP with respect to the Site. The Terms of Use shall govern and supersede all previous agreements between you and us with respect to the Site. Failure by us to enforce any provision set forth above shall not be considered a waiver of any provision or right. These terms of use shall be governed by and enforced in accordance with the laws of the State of California and the laws of the United States without giving effect to its choice of law principles. You irrevocably agree to submit to personal jurisdiction in the federal, state, and local courts located within Los Angeles County in the State of California for any action arising out of or relating to your use of the Site. The courts in Los Angeles County in the State of California shall have exclusive jurisdiction over any and all such actions. The prevailing party in any such action shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, taxable and non-taxable, as well as reasonable attorney’s fees. If any portion of these Terms of Use is held unlawful, void, or unenforceable, then that portion shall be deemed severable from the Terms of Use, and it will not affect the validity and enforceability of any other provision. We reserve the right to terminate this agreement at any time without notice for any reason. These Terms of Use were last updated on September 19, 2005.

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