Shadows Fall gets Down and Dirty!!!

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AGREEMENT BETWEEN USER AND NO GOOD ENTERTAINMENT, INC.

These Terms of Use govern your use of all web sites owned or operated by NO GOOD ENTERTAINMENT, INC., including the Web site currently located at www.ngtv.com (collectively, the "Site").

Please read these Terms of Use carefully before using the Site. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

NO GOOD ENTERTAINMENT, INC. reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site. Your continued use of the Site constitutes your agreement to abide by the Terms of Use as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.
LINKS TO THIRD PARTY SITES

The Site may contain links to other third-party Web Sites ("Linked Sites"). The Linked Sites are not under the control of NO GOOD ENTERTAINMENT, INC. and NO GOOD ENTERTAINMENT, INC. is not responsible for the availability or contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NO GOOD ENTERTAINMENT, INC. is not responsible for webcasting or any other form of transmission received from any Linked Site. NO GOOD ENTERTAINMENT, INC. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NO GOOD ENTERTAINMENT, INC. of the site or any association with its operators. You acknowledge and agree that NO GOOD ENTERTAINMENT, INC. 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 content, products, or services available on or through any Linked Site.
NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to NO GOOD ENTERTAINMENT, INC. that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

USE OF COMMUNICATION SERVICES

The NO GOOD TV/NGTV.com web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

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

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

3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

5. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

6. Conduct or forward surveys, contests, pyramid schemes or chain letters.

7. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

8. 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.

9. Restrict or inhibit any other user from using and enjoying the Communication Services.

10. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations.

NO GOOD ENTERTAINMENT, INC. has no obligation to monitor the Communication Services. However, NO GOOD ENTERTAINMENT, INC. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. NO GOOD ENTERTAINMENT, INC. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

NO GOOD ENTERTAINMENT, INC. reserves the right at all times to disclose any information as 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, in NO GOOD ENTERTAINMENT, INC.'s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. NO GOOD ENTERTAINMENT, INC. does not control or endorse the content, messages or information found in any Communication Service and, therefore, NO GOOD ENTERTAINMENT, INC. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NO GOOD ENTERTAINMENT, INC. spokespersons, and their views do not necessarily reflect those of NO GOOD ENTERTAINMENT, INC. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO NO GOOD ENTERTAINMENT, INC. OR POSTED AT ANY NO GOOD TV/NGTV.COM WEB SITE

NO GOOD ENTERTAINMENT, INC. does not claim ownership of the materials you provide to NO GOOD ENTERTAINMENT, INC. (including feedback and suggestions) or post, upload, input or submit to any NO GOOD TV/NGTV.com web site or its associated services, including the Communications Services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting NO GOOD ENTERTAINMENT, INC., its affiliated companies and sublicensees permission to use your Submission in connection with the operation of each of their Internet businesses including, without limitation, the rights to: copy, distribute, syndicate, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission in any medium for any purposes; and to publish your name in connection with your Submission. NO GOOD ENTERTAINMENT, INC. reserves the right to display advertisements in connection with your Submissions and to use your Submissions to advertise and promote your Submissions, the Site, and NO GOOD ENTERTAINMENT, INC. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any Submission. NO GOOD ENTERTAINMENT, INC. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in NO GOOD ENTERTAINMENT, INC.'s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that:
1. You own all rights in your Submissions (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to NO GOOD ENTERTAINMENT, INC. the rights in your Submissions described herein;

2. You have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions;

3. You are the individual pictured or heard in your Submissions, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears or is heard in your Submissions to enable you to grant the rights to NO GOOD ENTERTAINMENT, INC. described herein;

4. You will make such permissions available to NO GOOD ENTERTAINMENT, INC. upon request; and

5. Your Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party.
6. You will keep all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available to NO GOOD ENTERTAINMENT, INC. at its request.

DIGITAL MILLENNIUM COPYRIGHT ACT
NO GOOD ENTERTAINMENT, INC. respects the intellectual property rights of others. Upon proper notice, NO GOOD ENTERTAINMENT, INC. will remove Submissions or other applicable content that violate copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, NO GOOD ENTERTAINMENT, INC. has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send NO GOOD ENTERTAINMENT, INC.'s copyright agent (listed below) a notification of claimed infringement with all of the following information:

1. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

2. identification of the claimed infringing material and information reasonably sufficient to permit NO GOOD ENTERTAINMENT, INC. to locate the material on the Site;

3. information reasonably sufficient to permit NO GOOD ENTERTAINMENT, INC. to contact you, such as an address, telephone number, and, if available, an email address;

4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

5. a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

6. your physical or electronic signature.

Please send all of the above enumerated information to the following NO GOOD ENTERTAINMENT, INC. copyright agent:
Kourosh Taj
9944 Santa Monica Blvd
Beverly Hills, CA 90212
Tel. 310.556.8600
Fax 310.556.8655
copyright@ngtv.com
Please do not send notices or inquiries unrelated to alleged copyright infringement to NO GOOD ENTERTAINMENT, INC.'s designated agent.
LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NO GOOD ENTERTAINMENT, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. NO GOOD ENTERTAINMENT, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NO GOOD ENTERTAINMENT, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NO GOOD ENTERTAINMENT, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NO GOOD ENTERTAINMENT, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

INDEMNITY
You agree to indemnify, defend, and hold harmless NO GOOD ENTERTAINMENT, INC., its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submit, post, or transmit on or through the Site; (b) your (or anyone using your account's) use of the Site; (c) your (or anyone using your account's) violation of these Terms of Use; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, other intellectual property, or proprietary rights of any person or entity. NO GOOD ENTERTAINMENT, INC. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with NO GOOD ENTERTAINMENT, INC. in asserting any available defenses.
TERMINATION/ACCESS RESTRICTION

NO GOOD ENTERTAINMENT, INC. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NO GOOD ENTERTAINMENT, INC. as a result of this agreement or use of the Site. NO GOOD ENTERTAINMENT, INC.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NO GOOD ENTERTAINMENT, INC.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NO GOOD ENTERTAINMENT, INC. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NO GOOD ENTERTAINMENT, INC. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NO GOOD ENTERTAINMENT, INC. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Ownership

The content on the Site, other than Submissions, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like and the NO GOOD ENTERTAINMENT, INC. word marks and NO GOOD ENTERTAINMENT, INC. design marks, as well as certain other of the names, logos, and materials displayed on or through the Site that constitute trademarks are owned by or licensed to NO GOOD ENTERTAINMENT, INC. and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws.


Last Updated on December 1st, 2011.

NO GOOD ENTERTAINMENT, INC. is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Privacy Policy applies to the Site (the "Site") and governs data collection and usage. By using the Site, you consent to the data practices described in this statement.

Collection of your Personal Information

NO GOOD ENTERTAINMENT, INC. collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number only if you choose to share such information with us. You may review, correct, update, or change your personal information at any time by visiting your profile or account page on the Site, or by contacting us at:

9944 Santa Monica Blvd
Beverly Hills, CA 90212
Tel. 310.556.8600
Fax 310.556.8655
privacy@ngtv.com
NO GOOD ENTERTAINMENT, INC. also may collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. There is also non-personally identifiable information about your computer hardware and software that is automatically collected by NO GOOD ENTERTAINMENT, INC. This information may include: your IP address, browser type, domain names, access times and referring Web site addresses. This information may be used by NO GOOD ENTERTAINMENT, INC. for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Site.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data on the Site (e.g., through the NO GOOD ENTERTAINMENT, INC. public message boards), this information may be collected and used by others. NO GOOD ENTERTAINMENT, INC. encourages you to review the privacy statements of web sites you choose to link to or visit from the Site so that you can understand how those web sites collect, use and share your information. NO GOOD ENTERTAINMENT, INC. is not responsible for the information collection, use and disclosure practices of web sites other than the Site or any content available on such other web sites.

Use of your Personal Information

NO GOOD ENTERTAINMENT, INC. collects and uses your personal information to operate the Site and deliver the services you have requested. NO GOOD ENTERTAINMENT, INC. also uses your personally identifiable information to inform you of other products or services available from NO GOOD ENTERTAINMENT, INC. and its affiliates. NO GOOD ENTERTAINMENT, INC. may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

NO GOOD ENTERTAINMENT, INC. does not sell, rent or lease personal information to third parties and we will not otherwise disclose your personal information to third parties, without your express permission or as expressly disclosed in this Privacy Policy. NO GOOD ENTERTAINMENT, INC. may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party.

NO GOOD ENTERTAINMENT, INC. may share data with trusted partners to perform services on our behalf, including to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to NO GOOD ENTERTAINMENT, INC and each must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your information from unauthorized access, destruction, use, modification, or disclosure.
NO GOOD ENTERTAINMENT, INC. does not use or disclose sensitive personal information, such as your race, religion, or political affiliations, to third parties without your explicit consent.
NO GOOD ENTERTAINMENT, INC. may share personal information and non-personal information with entities controlling, controlled by, or under common control with NO GOOD ENTERTAINMENT, INC. In the event that NO GOOD ENTERTAINMENT, INC. is merged, sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer personal information and non-personal information in connection with such transaction.
NO GOOD ENTERTAINMENT, INC. keeps track of the web sites and pages our customers visit within the Site in order to determine what NO GOOD ENTERTAINMENT services are the most popular. This data is used to deliver customized content and advertising within NO GOOD TV/NGTV.com to visitors whose behavior indicates that they are interested in a particular subject area.

NO GOOD ENTERTAINMENT may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with law or comply with legal process served on NO GOOD ENTERTAINMENT, INC. or the Site; (b) protect and defend the rights or property of NO GOOD ENTERTAINMENT, INC.; and, (c) act under exigent circumstances to protect the personal safety of users of NO GOOD ENTERTAINMENT, INC., or the public.

Regardless of the forgoing, if you provide false, inaccurate or misleading information to NO GOOD ENTERTAINMENT, INC. or its affiliates regarding your identity or billing telephone number (BTN) for which services are billed, you hereby consent and authorize NO GOOD ENTERTAINMENT, INC., its affiliates, employees, officers, and customer service agency to disclose all information gathered by NO GOOD ENTERTAINMENT, INC. to an appropriate law enforcement agency and/or the individual or party associated with the contact information and/or BTN.

Use of Cookies

The Site uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize web pages on the Site, or register with the Site or services, a cookie helps NO GOOD ENTERTAINMENT, INC. to recall your specific information on subsequent visits. When you return to the Site, the information you previously provided can be retrieved, so you can easily use the Site features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the features of the Site.

Security of your Personal Information

NO GOOD ENTERTAINMENT, INC. secures your personal information from unauthorized access, use or disclosure. NO GOOD ENTERTAINMENT, INC. secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. However, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Site, we cannot and do not guarantee or warrant the security of any information you transmit on or through the Site, and you do so at your own risk.
Children's Privacy Statement

NO GOOD ENTERTAINMENT, INC. does not knowingly collect personal information from children under the age of 13. If we become aware that we have inadvertently received personal information from a child under the age of 13, we will delete such information from our records.
Changes to this Statement

NO GOOD ENTERTAINMENT, INC. will occasionally update this Privacy Policy to reflect company and customer feedback. NO GOOD ENTERTAINMENT, INC. encourages you to periodically review this Privacy Policy to be informed of how NO GOOD ENTERTAINMENT, INC. is protecting your information. Your continued use of the Site constitutes your agreement to abide by the Privacy Policy as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.
Contact Information
NO GOOD ENTERTAINMENT, INC. welcomes your comments regarding this Privacy Policy. If you wish to make comment or if you believe that NO GOOD ENTERTAINMENT, INC. has not adhered to this Privacy Policy, please contact NO GOOD ENTERTAINMENT, INC. at privacy@ngtv.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.


Last Updated on December 1st, 2011.