Terms Of Use

Legal Restrictions and Terms of Use Applicable to this Site

Last Modified: November 29th, 2007

Use of this site signifies your and, if you are a minor, your parent’s or legal guardian’s, agreement to these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

The following Terms of Use apply to zimmertwins.com which is operated by QUBO Venture, LLC and its subsidiaries (collectively, “QUBO”) (the site and entities collectively referred to herein as "zimmertwins.com" and/or “we”, “us” or “our” respectively).

Notice to minors and parents/legal guardians: If you are a minor, please have your parent(s) or legal guardian(s) read these Terms of Use and the Privacy Policy on your behalf so that they can help you to decide whether to use this site, and whether to submit personal information and/or an animated work. If you are the parent or legal guardian of a minor who wishes to use this site, please explain these Terms of Use and the Privacy Policy to your child and ensure they understand them before you agree to allow them to proceed.

You agree to provide proof of parental consent upon our request.

If your animated work is selected for broadcast through the QUBO channels, we will require you to execute an assignment. The assignment must be executed by you and by your parent or guardian if you are a minor before your work will be broadcast.

By using or permitting your child to this site, you signify your consent to these Terms of Use and the site’s Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, please do not use the site or permit your child to use the site.

USE OF MATERIALS

This site is operated by QUBO and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of zimmertwins.com are the property of QUBO or its licensors and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from zimmertwins.com 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 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 QUBO or its licensor’s copyright, trademark, and trade secret rights and others' proprietary rights, as applicable. For purposes of this agreement, the use of any such material on any other web site or networked 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 (together, the "Software") are licensed to you by QUBO. QUBO does not transfer title to the Software to you. As between you and QUBO, QUBO retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

SUBMISSIONS

This site encourages visitors to submit content to create their own animated short film, using elements provided on the site. QUBO will review the content submitted to it, and may select certain visitor submissions for airing on its site and/or for broadcast on QUBO channels and its affiliate stations and licensees. Not all content will be chosen for display on our site, and only a few may be chosen for broadcast. Depending on the quantity of submissions received, we cannot promise that all submissions will be reviewed in time to be considered for broadcast or other use; however, we will use our best efforts to review every submission we receive.

We encourage our visitors to be creative and to use their imagination in creating the animated content initiated at this site. However, we expect all visitors to be respectful of others, and to fully understand the representations and warranties you agree to below. We do not censor your work, but we reserve the right to remove any content from our site at any time, at our own discretion. Please review the Code of Conduct (available [here]) (incorporated by reference into these Terms of Use) prior to making an animated short film, commenting on an animated short film or “flagging” an animated short film (as described below).

Please note that we use a visitor "flagging" system in which visitors and/or their parent(s) or guardian(s) may indicate that they find any particular content to be discriminatory, obscene, defamatory or otherwise objectionable. We may not always agree with these "flags" ourselves; however, if we receive three (3) or more flags on your content, we will remove the content from our site without further notice to you. We reserve the right to remove content whether or not is has been flagged at all. Our flagging system is subject to change in our discretion, and we will post any changes to this site.

You hereby grant QUBO and its licensors, agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on zimmertwins.com, including without limitation via comments to other visitors’ animated films or any other features that may be offered on zimmertwins.com now or in the future, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

USER CONDUCT

Derogatory, harmful or unlawful conduct is not permitted on zimmertwins.com. Users are not permitted to upload to, distribute through, or otherwise publish through zimmertwins.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on zimmertwins.com. Unauthorized collection and/or use of email addresses via zimmertwins.com is also not allowed.

Please be aware that generally, information you post on, upload to or distribute through a comment to an animated short film or any similar feature that may be offered on zimmertwins.com will be accessible by other users of zimmertwins.com. Please be sure that any such information is information that you are comfortable sharing with the public. As outlined more fully in our privacy policy, available here [insert hyperlink], we do not want to post any personal information which might identify a user.

Users are solely responsible for the content of any content they post on, upload to or distribute zimmertwins.com including without limitation comments made about other visitors’ animated short films and/or any other features that may be offered on zimmertwins.com. QUBO is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of zimmertwins.com including without limitation comments made about other visitors’ animated short films and/or any other features that may be offered on zimmertwins.com. You acknowledge that QUBO may or may not pre-screen and/or monitor content posted on zimmertwins.com, and that QUBO shall have the right to remove, edit, move or close, in whole or in part, comment and/or similar feature that may be offered on zimmertwins.com at any time for any reason, in QUBO’s sole discretion.

You hereby agree to comply with all laws that apply or may apply to your use of the site or activities on zimmertwins.com and any rules for conduct on zimmertwins.com or use of specific features and/or services offered thereon that may be posted on zimmertwins.com, whether in these terms of use or otherwise, from time to time.

CONTESTS, SWEEPSTAKES, AND OTHER ACTIVITIES

QUBO provides rules of participation for certain activities on the site including, without limitation, contests and sweepstakes. These rules are incorporated herein by reference. To the extent that any conflict exists between these Terms of Use and specific rules for any sweepstakes, contest or other activity, the rules for such sweepstakes, contest or other activity in which you choose to participate shall govern.

NO PERSONAL ADVICE

Any informational materials provided on zimmertwins.com, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, QUBO makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through zimmertwins.com. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

LINKS AND THIRD PARTIES

Links on the site to third party websites (including, without limitation, advertisers) that you encounter via zimmertwins.com are solely provided as a convenience to you. If you use these links, you will leave the site. You agree that QUBO shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any dealings between you and any such third parties. In addition, you acknowledge that QUBO does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of zimmertwins.com is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on zimmertwins.com, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

CHANGES TO SITE

QUBO may add, change, discontinue, remove or suspend any portion of zimmertwins.com at any time, without notice.

TERMINATION

QUBO reserves the right, without notice and at its sole discretion, to suspend or terminate these Terms of Use and/or your ability to access or use the site, and to block or prevent future access to and use of the site for any reason, including your breach of these Terms of Use or other conduct by you that QUBO considers inappropriate. QUBO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice. Except as otherwise expressly stated in the Terms of Use, you agree that QUBO shall not be liable to you or to any third party for any modification, suspension or discontinuation of the site (or any portion thereof).

DISCLAIMER

QUBO MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO zimmertwins.com OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." QUBO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO zimmertwins.com AND ANY WEB SITE WITH WHICH IT IS LINKED. QUBO DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON zimmertwins.com OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT zimmertwins.com, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF zimmertwins.com OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. QUBO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON zimmertwins.com IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT QUBO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL QUBO BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON zimmertwins.com, EVEN IF QUBO OR A QUBO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. IN NO EVENT SHALL QUBO Venture, LLC TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING zimmertwins.com. YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING zimmertwins.com AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION By using zimmertwins.com, you agree to indemnify, defend and hold harmless QUBO from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on zimmertwins.com; or (3) any material uploaded by you or through your computer to zimmertwins.com or otherwise sent by you to QUBO. You will cooperate as fully and reasonably as required by QUBO in the defense of any claim. QUBO reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of QUBO.

PERMISSION FOR WEB LINKING

If you link to zimmertwins.com, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by QUBO. Any such link must not damage, dilute or tarnish the goodwill associated with QUBO and/or any QUBO intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with QUBO, and you may not “frame” zimmertwins.com. You may not link to zimmertwins.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in QUBO’s sole discretion. QUBO reserves the right, in its sole discretion, to terminate any link from any web site.

COPYRIGHTS AND COPYRIGHT AGENT

QUBO respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied on the site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to QUBO’s Copyright Agent:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and e-mail address;
• 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; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

QUBO’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent
c/o QUBO Venture LLC
ION Media Networks
601 Clearwater Park Road
West Palm Beach, FL 33401

GOVERNING LAW

These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of New York within the United States of America without giving effect to any principles of conflicts of law. QUBO makes no representation that materials contained on the site are appropriate or available for use in jurisdictions outside the United States, or that the Terms of Use comply with the laws of any other country. Visitors who use the site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

CONTACTING US

If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at info@zimmertwins.com. We will address any issue to the best of our abilities as soon as possible.

QUBO reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time. QUBO may, in its sole discretion, modify these Terms of use without notice to you. Therefore, please continue to review the Terms of Use when using the site. The “Last Modified” date at the top of the Terms of Use will indicate when the latest changes were made. By continuing to access and use the site after the Terms of Use have been modified, you are agreeing to such modifications.