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Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SECRET WIDGET.
Access to and use of this device (the “Secret Widget”) is provided by TS Production LLC subject to the following terms:
- ACCEPTANCE OF TERMS:
By using the Secret Widget, you agree to be legally bound by all of the terms of this Agreement. We reserve the right to change the terms of this Agreement or to change, modify or otherwise alter any features of the Secret Widget at any time and for any purpose without notice. You should visit this section regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the Secret Widget will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. - REPRESENTATIONS:
By using the Secret Widget you represent and warrant that you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). You represent that you have read and agree to abide by this Agreement, and that you have read and agree to abide by the Terms of Use and Privacy Policy contained on the thesecret.tv website. - COPYRIGHTS AND TRADEMARKS:
The Secret Widget and all materials incorporated on the Secret Widget (including, but not limited to any text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the characters, logos or other images incorporated by TS Production on the Secret Widget may also be protected as registered or unregistered trademarks, trade names and/or service marks owned by TS Production or others, including, without limitation, The Secret wax seal logo. - RESTRICTIONS ON USE OF MATERIALS:
- You may not copy, reproduce, distribute, publish, enter into a database, submit to a catalogue or directory, display, perform, modify, create derivative works, transmit or in any way exploit the Secret Widget or any part of the information displayed on (or the intellectual property contained in) the Secret Widget, except that you may access and display material and all other content displayed on the Secret Widget for non-commercial, personal use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of the Secret Widget over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Any authorization to copy material granted by TS Production LLC in any part of the Secret Widget for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other device, website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Secret Widget into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
- TS Production LLC respects the intellectual property rights of others and asks users of the Secret Widget to do the same.
- DISCLAIMER OF WARRANTIES:
YOUR USE OF THE SECRET WIDGET IS AT YOUR OWN RISK. THE SECRET WIDGET AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SECRET WIDGET ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TS PRODUCTION LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TS PRODUCTION LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SECRET WIDGET WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TS PRODUCTION LLC’S WEBSITES (OR THOSE OF ITS LICENSEES) OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TS PRODUCTION LLC RESERVES THE RIGHT TO DISABLE OR DISCONTINUE ACCESS TO THE SECRET WIDGET AT ANY TIME AND FOR ANY REASON AT ITS SOLE ELECTION. TS PRODUCTION LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SECRET WIDGET, THE THESECRET.TV WEBSITE OR ANY SITES LINKED TO THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TS PRODUCTION LLC MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SECRET WIDGET OR THE TS PRODUCTION LLC WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND TS PRODUCTION LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SECRET WIDGET OR THE THESECRET.TV WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. - LIMITATION OF LIABILITY:
TS PRODUCTION LLC DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SECRET WIDGET OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE THESECRET.TV WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF TS PRODUCTION LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT TS PRODUCTION LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. - SYSTEM ABUSE:
- You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, made available on the Secret Widget.
- You are prohibited from using any services or facilities provided in connection with the Secret Widget to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited.
- LOCAL REGULATIONS:
The material on the Secret Widget and the thesecret.tv website is intended for viewing solely in the United States. TS Production LLC makes no representation that materials or other content made available through the Secret Widget are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Secret Widget or the TS Production LLC website from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in. - INDEMNITY:
You agree to indemnify and hold harmless TS PRODUCTION LLC, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from any and all use of the Secret Widget in violation of this Agreement or the failure to fulfill any obligations incurred by you or any other person to whom you give access to the Secret Widget. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us. - APPLICABLE LAW AND JURISDICTIONAL MATTERS:
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, as they are applied to agreements entered into and to be performed entirely within Illinois. Any action you, any third party or TS Production LLC may bring to enforce this Agreement or, in connection with any matters related to the website shall be brought only in either the State or Federal Courts located in Chicago, Illinois, and you expressly consent to the jurisdiction of said courts. - SEVERABILITY:
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE SECRET WIDGET.
Last revised July 14, 2008
