VULCANPRODUCTIONS.COM TERMS OF USE

Except as otherwise provided in a written agreement signed by Vulcan Productions Inc., these Terms of Use represent the entire understanding between you and Vulcan Productions Inc. and its affiliates (collectively, "Vulcan") regarding your use of www.vulcanproductions.com (the "Site") and your submission of any materials to us. Vulcan is providing you access to the Site subject to these Terms of Use and the vulcanproductions.com Privacy Policy. By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.

Vulcan reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. We will post any changes to these Terms of Use on this page so you can readily review the current version. We will alert you that changes have been made by indicating on the bottom of the Terms of Use the date it was last updated. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.

Personal and Non-Commercial Use Only
Unless otherwise specified in writing by Vulcan, the Site is available for your personal and non-commercial use only. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained through this Site.

Disclaimer
ANY USE OF THIS SITE IS AT YOUR OWN SOLE RISK. THE SITE AND ALL CONTENT CONTAINED WITHIN THE SITE IS PROVIDED ON AN "AS-IS" BASIS. VULCAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VULCAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, VULCAN DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VULCAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT YOU UPLOAD, EMAIL OR OTHERWISE POST USING THE SITE.

Limitation of Liability
IN NO EVENT SHALL VULCAN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF VULCAN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VULCAN'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.

Links
The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than Vulcan. Vulcan provides these links solely as a convenience. These Terms of Use and the Privacy Policy are applicable only when you are on the Site. Once you choose to link to another website, you will be bound by the terms of use and privacy statement applicable to such website. The appearance of a link does not imply Vulcan's endorsement, nor is Vulcan responsible for the content of any linked site. YOU ACCESS LINKED SITES AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL VULCAN BE LIABLE IN ANY WAY FOR ANY ASPECT OF THE LINKED SITE, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LINKED SITE.

Eligibility
You must be 18 years or older to use the Site.

Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein. Vulcan controls and operates this Site from its headquarters in the United States of America and makes no representations that the Site is appropriate or available for use in other locations. If you use this Site from outside of the United States of America, you are entirely responsible for compliance with local laws. Unless otherwise explicitly stated, all information or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.

Submissions
Vulcan does not accept requests for funding or submissions regarding film projects through the Site. Submission information can be found at the Site's "Contact us" tab.

Except as otherwise agreed by Vulcan in writing, all requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to Vulcan, using the Site or otherwise, (collectively, "Submissions") will not be treated as confidential or proprietary and Vulcan will have no nondisclosure obligations or use prohibitions related to the Submissions. Vulcan does not claim ownership of the Submissions; however, by posting, uploading, inputting, providing or submitting your Submission you are granting Vulcan, its affiliates and necessary sublicensees permission to use the Submission in connection with the operation of Vulcan's businesses, including without limitation the license rights to display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.

No Commitments
Vulcan reserves the right, at any time, to modify, alter, update, or remove portions of its submission information without notice to you. Notwithstanding anything to the contrary on the Site or otherwise, Vulcan reserves the right to reject any Submission or request for information for any reason, or for no reason, in Vulcan's sole discretion.

No Unlawful or Prohibited Use; Indemnity
You warrant that you will not use the Site or any of the content obtained from the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden or impair any Vulcan server or the network(s) connected to any Vulcan server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any materials or information through any means not intentionally made available through the Site, including without limitation through hacking or any other means. You will indemnify, defend and hold harmless Vulcan, its subsidiaries and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or any violation of these terms.

General Proprietary Rights
The Site is owned by Vulcan and contains material that is derived in whole or in part from Vulcan and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without Vulcan's express written permission.

Copyright
All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of Vulcan or Vulcan's content suppliers and licensors, and are protected by U.S. and other international copyright laws, © 2004-2005, Vulcan Productions Inc. ALL RIGHTS RESERVED. Prior written permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Trademarks
Vulcan Productions and all logos associated with such term are trademarks of Vulcan Productions Inc. Other names and logos contained on the Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Vulcan or others. They may not be used in connection with any product or service other than those services offered by Vulcan, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Vulcan.

Notice of Potential Infringement
Notifications of claimed copyright infringement should be sent through the "Contact Us" page on the Site.

Applicable Law
Vulcan operates the Site from Seattle, Washington, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Washington without reference to its conflict of law provisions.

Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the state or federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

Termination
These Terms of Use shall remain in force until terminated by Vulcan. Vulcan may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that Vulcan, in its sole discretion, believe is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

Miscellaneous
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 this agreement and shall not affect the validity and enforceability of any remaining provisions.

All rights not expressly granted herein are reserved.

Last Updated: August 25, 2005