PRIVACY POLICY AND OTHER LEGAL STUFF

Last updated: September 11, 2020

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Cliffhangers Production, LLC, 227 E. Lockwood Ave.

Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

Country refers to: Missouri, United States

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Personal Data is any information that relates to an identified or identifiable individual.

Service refers to the Website.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Website refers to Cliffhangers, accessible from http://www.cliffhangerspro.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Email address

Address, State, Province, ZIP/Postal code, City

Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.

We use both session and persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.

We may share your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
  • For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Stripe

Their Privacy Policy can be viewed at https://stripe.com/us/privacy

Your California Privacy Rights (California’s Shine the Light law)

Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.

If you’d like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

  • By email: cliffhangerspro@gmail.com

People are people in the perspective of CliffHangers. Sure, everyone has their struggles and we do not pretend to even begin to understand everyone’s plight. And although we do have respect for most people, we do not necessarily agree with every cause or even remotely share the same viewpoints. And that is okay. Tolerance and intolerance is a healthy thing. Again, the characters in our stories are fictional that’s because the stories aren’t real. If you read into anything more than what is written, then maybe the issue rests within your sensitive candy ass. We make no apologies for what has been written. Deal with it like a reasonable adult and not as some whiny entitled baby that uses negativity around the first amendment to get your way. We don’t care what you have to say, and chances are, the people that you pop off to in 280 characters or less don’t either. So, kick your terroristic ego to the curb, grit up and just be in the present and enjoy the entertainment.

 

Welcome to CLIFFHANGERSPRO.com! CLIFFHANGERSPRO.com includes this web site (including its sub-domains) and associated applications (such as mobile and other device applications) and other associated offerings that are owned, offered or operated by or on behalf of CLIFFHANGERS PRODUCTION, LLC. (or its parent or affiliate entities). Please read these terms and conditions of use (“Terms of Use”) carefully before using CLIFFHANGERSPRO.com. Your access to and use of CLIFFHANGERSPRO.com is subject to the following terms and conditions (including the CLIFFHANGERSPRO.com Privacy Policy, which can be located at http://www. CLIFFHANGERSPRO.com /guides/privacy/) and all applicable laws. By accessing and using CLIFFHANGERSPRO.com, you signify your assent to these Terms of Use and the Privacy Policy (collectively, the “Agreement”). If you do not agree to these Terms of Use or the Privacy Policy please do not use CLIFFHANGERSPRO.com. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of CLIFFHANGERSPRO.com following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes.

TABLE OF CONTENTS

    * Definitions

    * General

    * Change in Terms

    * Equipment

    * Intellectual Property Rights of CHP and Cliffhangers

    * Interactive Areas

    * Submissions

    * Publicly Available Participation

    * User Conduct

    * Disclaimer of warranties and damages; Limitation of liability

    * Indemnification

    * Termination

    * Miscellaneous

    * Notice of Copyright Infringement

1. Definitions. CLIFFHANGERSPRO.com is operated by CLIFFHANGERS PRODUCTION, LLC. As used in this document, “CHP” refers to CLIFFHANGERS PRODUCTION, LLC. As used in this document, CHP and Cliffhangers and their respective parents and affiliates and the officers, directors, employees, advisors and agents of the foregoing. As used in this document, (i) “Visitor” means a CLIFFHANGERS.com user that accesses the CLIFFHANGERSPRO.com web pages without registering and/or logging-in, (ii) “Member” means a CLIFFHANGERSPRO.com user that is registered with and has an account (an “Account”) with CLIFFHANGERSPRO.com, and (iii) “User” and/or “you(r)” means and includes Members and Visitors.

2. General. These Terms of Use set forth the terms and conditions that apply to your use of CLIFFHANGERS.com. By using CLIFFHANGERSPRO.com (other than to read these Terms of Use for the first time), you agree to comply with all of the terms and conditions hereof. In addition, you agree that any information collected in connection with your use of CLIFFHANGERSPRO.com is subject to the CLIFFHANGERSPRO.com Privacy Policy. The right to use CLIFFHANGERSPRO.com is personal to you and is not transferable to any other person or entity. Without limiting the generality of the foregoing, if CLIFFHANGERSPRO.com offers you applications (e.g., mobile device application) or other features to download, you may only use the application or feature on a device that you own or control and such right to use the application or other feature shall be limited, non-exclusive, non-sublicensable and non-transferable. You are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any. You agree not to use the account, username, or password of another User at any time. You agree to notify CHP immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account and/or password.

3. Changes in Terms. CHP shall have the right at any time to change or discontinue any aspect or feature of CLIFFHANGERSPRO.com, including, but not limited to, content, hours of availability, and equipment needed for access or use. CHP shall have the right at any time to change or modify the terms and conditions applicable to your use of CLIFFHANGERSPRO.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means determined by CHP, including, but not limited to, posting on and/or through CLIFFHANGERSPRO.com, or by electronic or conventional mail, or by any other means by which you obtain notice. Any use of CLIFFHANGERSPRO.com by you after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions.

4. Equipment. You shall be responsible for obtaining and maintaining all telecommunication devices, computer hardware and other services and equipment needed for access to and use of CLIFFHANGERSPRO.com and all charges related thereto. In addition, certain features that make up CLIFFHANGERSPRO.com may operate on or in connection with various products and services provided by various third parties, such as third-party handsets, tablet devices, televisions, set top devices and other devices, and third party-provided Internet access services. Without limiting the generality of the disclaimers and limitations of liability stated elsewhere in this document, you acknowledge that CHP and Cliffhangers do not control such third parties or their products or services and that CHP and Cliffhangers shall not be responsible for such third parties or their products or services.

5. Intellectual Property Rights of CHP and Cliffhangers and CLIFFHANGERSPRO.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of CLIFFHANGERSPRO.com are copyrighted as a collective work under the United States copyright laws. Cliffhangers and CHP (and/or their respective, parents and/or affiliates) own copyrights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works of, or in any way similarly exploit, any of the content, in whole or in part. To the extent expressly permitted at certain parts of CLIFFHANGERSPRO.com (if any), you may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of CHP and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by viewing or downloading copyrighted material. Cliffhangers and CHP and their respective parents, affiliates and content suppliers expressly reserve all ownership and other rights (including, but not limited to, intellectual property rights) in their respective materials and no such rights are transferred to you. Cliffhangers and CLIFFHANGERSPRO.com, and each of their logos, are trademarks of CHP. All rights reserved. All other trademarks appearing on Cliffhangers and CLIFFHANGERSPRO.com are the property of their respective owners.

6. Interactive Areas. Cliffhangers and CLIFFHANGERSPRO.com may contain comments sections, discussion forums, bulletin boards, fantasy games or other interactive features (“Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other content, materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, participate on CLIFFHANGERSPRO.com, and fulfill the obligations set forth in these Terms of Use, which form a binding contract between you and CHP.

7. Submissions. By submitting Materials (defined below) to and/or via Cliffhangers and CLIFFHANGERSPRO.com, and in exchange for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to CHP and Cliffhangers and CLIFFHANGERSPRO.com a non-exclusive, perpetual, royalty-free, fully-paid, worldwide license to edit, telecast, rerun, reproduce, use, create derivative works of, modify, syndicate, license, print, sublicense, distribute and otherwise exhibit the Materials you submit, or any portion thereof, in any manner and in any medium or forum, whether now known or hereafter devised. For the purposes of these Terms of Use, “Materials” means and includes all data, information, images, video, audio, pictures, sounds, files and/or any other content, materials and/or intellectual property.

Please choose carefully the Materials you post or otherwise submit to Cliffhangers and CLIFFHANGERSPRO.com and/or that you provide to other Users. Except with respect to personal information (e.g., DOB, address) that you submit as part of registering for an account on Cliffhangers and CLIFFHANGERSPRO.com (which shall be maintained in accordance with the Cliffhangers and CLIFFHANGERSPRO.com Privacy Policy, available at http://www.cliffhangerspro.com/guides/privacy/), your submissions are non-confidential and CHP and CLIFFHANGERS have no obligation to maintain the confidentiality of any Materials you submit. Without limiting the generality of the foregoing, Materials you choose to post and/or upload to CLIFFHANGERSPRO.COM will be viewed by other Users, so please do not post information, content or other Materials to which you do not wish other Users to have access.

You represent and warrant to CHP and CLIFFHANGERS that: (i) you have the full legal right, power and authority to grant to CHP and CLIFFHANGERS the license provided for in these Terms of Use; (ii) you own or control, or the owner(s) of such materials (and of all rights therein) has/have expressly granted you the right to submit and use, the Materials you submit; (iii) neither the Materials you submit nor the exercise of the rights granted herein shall infringe upon or violate any rights of any third party, including, but not limited to, any intellectual property rights and/or any rights of privacy or publicity and that you have the consent of each and every identifiable natural person in any submission to use such person’s name and/or likeness in the manner contemplated by CLIFFHANGERSPRO.COM; (iv) any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other similar rights society or organization is not entitled to compensation by CLIFFHANGERSPRO.COM; and (v) neither the Materials you submit nor the exercise of the rights granted herein shall defame any other person or entity. Without limiting the foregoing, you agree to pay all royalties, fees, and any other monies owing any person or entity by reason of any Materials posted by you, to or through CLIFFHANGERSPRO.COM.

Any opinions, views, advice, statements, services, offers or other information or content expressed or made available by you or any third parties (e.g., other Users, professional information providers, etc.) are those of the respective author(s) or submitter(s) and not of the CHP /CLIFFHANGERS Parties. THE CHP /CLIFFHANGERS PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. The CHP /CLIFFHANGERS Parties do not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments. CHP and CLIFFHANGERS reserve the right, in their sole discretion, to reject, to refuse to post and/or to remove any posting (including private messages) by you, for any or no reason, with or without prior notice, and without liability on the part of CHP and CLIFFHANGERS.

CHP and CLIFFHANGERS do not accept or consider business and/or programming proposals and/or similar suggestions and/or materials (“Proposals”) other than those they have specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by CHP and CLIFFHANGERS might seem to others to be similar to their own proposals or suggestions. If you do send or post any Proposals, including related ideas, notes, drawings, concepts or other information, or if you transmit them through CLIFFHANGERSPRO.COM by electronic mail or otherwise, the Proposals shall be deemed, and shall remain, the property of CHP. None of the Proposals shall be subject to any obligation on the part of CHP and/or CLIFFHANGERS to use the Proposals or keep them confidential and none of the CHP /CLIFFHANGERS Parties shall be liable for any use or disclosure of any Proposals. CHP shall exclusively own any now known or hereafter existing rights to the Proposals of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Proposals for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Proposals.

8. Publicly Available Participation.

A. By participating in an Interactive Area, you acknowledge that the fact and elements of your participation will be publicly available on CLIFFHANGERS.COM to other CLIFFHANGERSPRO.COM Users. For example, if you comment on a story, play a fantasy game, enter a public chat or interact with CLIFFHANGERSPRO.COM in any other way, unless otherwise noted, your interactions will be published live on the CLIFFHANGERSPRO.COM newsfeed and maintained in your public profile. If you do not want your participation listed on the news feed, do not interact with CLIFFHANGERSPRO.COM.

9. User Conduct. By viewing CLIFFHANGERSPRO.COM or participating in the Interactive Areas, you agree to the following:

A. Lawful Use. You shall use CLIFFHANGERSPRO.COM for lawful purposes only. You shall not post or transmit through CLIFFHANGERSPRO.COM any material that violates or infringes in any way the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without CHP’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that, as determined by CHP in CHP’S discretion, restricts or inhibits any other User from using or enjoying CLIFFHANGERSPRO.COM will not be permitted. User shall not use CLIFFHANGERSPRO.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with CLIFFHANGERSPRO.COM.

B. Naming Policy. When selecting a display name for use on CLIFFHANGERSPRO.COM web sites, you must abide by the following Naming Policy set forth below (and if CLIFFHANGERSPRO.COM changes it, you will abide by all changes after it is posted here.)

    * Names may not be offensive, sexually explicit, vulgar, racist, hateful, obscene, defamatory, or any other language that is offensive in nature (including common swear words, names concerned with anatomical references, and intentional misspellings, anagrams, combinations, and homonyms of these words).

    * Names may not be used that harass or damage the reputation of another user, CLIFFHANGERSPRO.COM employees or agents, or CLIFFHANGERS employees or agents.

    * Names may not be a name or handle of any CLIFFHANGERSPRO.COM employees or agents or CLIFFHANGERS employees or agents.

    * Names may not include any unlawful reference to trademarked names, materials or products.

    * Names may not incorporate names of other people, including drivers, crew chiefs, broadcast talent, actors, celebrities, or other personalities or individuals in a manner that creates confusion or false affiliation.

    * Names may not be religiously or historically sensitive.

    * Names may not have a title or rank within them suggesting affiliation with CLIFFHANGERS or CLIFFHANGERSPRO.COM.

    * Names may not contain a phrase, sentence, or any fragment of a sentence.

    * Names may not include any telephone numbers, credit card numbers, social security numbers, street addresses, or email/instant message addresses other than your own (and CLIFFHANGERSPRO.COM strongly recommends that you not use your own either).

    * Names may not use misspellings or alternative spellings of names that violate any of the rules above.

C. User Content. You shall not upload, post or otherwise make available on CLIFFHANGERSPRO.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, intellectual property or proprietary rights, or any other harm resulting from such a submission.

D. User Rules of Conduct. Without limiting any other term herein, if you submit any User Content (including, but not limited to, any screen name) or participate in an Interactive Area within or in connection with CLIFFHANGERSPRO.COM, you agree to abide by the following Rules of Conduct:

    * You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way the rights of others, including any statements that may defame, harass, stalk or threaten others.

    * You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.

    * You agree not to upload, post or otherwise transmit any material that contains or advocates profane or obscene material as determined in CHP’s discretion.

    * You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability.

    * You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them.

    * You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area.

* You agree not to interfere with any other User’s right to privacy, including by harvesting or collecting personally-identifiable information about CLIFFHANGERSPRO.COM Users or posting private information about a third party.

    * You agree not to upload, post or otherwise transmit any User Content, software or other materials that contain a virus or other harmful or disruptive component.

    * You agree not to interfere with or disrupt CLIFFHANGERSPRO.COM or the servers or networks connected to CLIFFHANGERSPRO.COM, or disobey any requirements, procedures, policies or regulations of networks connected to CLIFFHANGERSPRO.COM.

    * You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

    * You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of CLIFFHANGERSPRO.COM, use of CLIFFHANGERSPRO.COM, or access to CLIFFHANGERSPRO.COM.

Any conduct that CHP determines, in CHP’s sole discretion, restricts or inhibits anyone else from using or enjoying CLIFFHANGERSPRO.COM will not be permitted. CHP reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. CHP and CLIFFHANGERS are not responsible for User Content submitted to CLIFFHANGERSPRO.COM or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas (Social Media sites) by users of CLIFFHANGERSPRO.COM.

E. Monitoring. CHP and CLIFFHANGERS reserve the right, but have no obligation, to monitor the User Content and/or any other Materials posted in the Interactive Areas or any other areas of CLIFFHANGERSPRO.COM, including chat rooms, comments, newsfeeds and forums. CHP and CLIFFHANGERS shall have the right in their sole discretion to remove or edit any User Content that violates or is alleged to violate any applicable law or the spirit of these Terms of Use. Notwithstanding this right of CHP and CLIFFHANGERS, YOU REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT AND OTHER MATERIALS YOU POST IN THE INTERACTIVE AREAS AND/OR OTHER AREAS OF CLIFFHANGERSPRO.COM AND/OR IN YOU PRIVATE MESSAGES. In no event shall any CHP / CLIFFHANGERS Party assume or have any liability or responsibility for any User Content or other User-submitted Materials or for any claims, damages or losses resulting from destruction, display, misuse or other use of such User Content or Materials.

F. Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that: (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by CHP, CLIFFHANGERS, or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release the CHP /CLIFFHANGERS Parties and their respective licensees, successors and assigns, from any claims that you could otherwise assert against any of them by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.

G. Spamming is not allowed. CHP and CLIFFHANGERS reserve the right to restrict the number of emails and/or other messages that a Member may send to other Members in any twenty-four-hour period via CLIFFHANGERSPRO.COM features. If you breach these Terms of Use by sending unsolicited bulk email, comments, instant messages or other unsolicited communications of any kind through CLIFFHANGERSPRO.COM, you acknowledge that you will have caused substantial harm to CHP and CLIFFHANGERS, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, and without limiting any other rights or remedies available to CHP (whether at law, in equity or otherwise) you agree to pay CHP fifty dollars ($50) for each such unsolicited email or other unsolicited communication you send through CLIFFHANGERSPRO.COM features.

10. Disclaimer of Warranty; Limitation of Liability.

A. YOUR USE OF CLIFFHANGERSPRO.COM IS AT YOUR SOLE RISK. NEITHER THE CHP / CLIFFHANGERS PARTIES NOR ANY OF THEIR RESPECTIVE THIRD-PARTY CONTENT PROVIDERS OR LICENSORS; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CLIFFHANGERSPRO.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED BY OR THROUGH CLIFFHANGERS.COM.

B. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CLIFFHANGERS.COM IS PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

C. USER SPECIFICALLY ACKNOWLEDGES THAT THE CHP /CLIFFHANGERS PARTIES SHALL NOT IN ANY EVENT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

D. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY CHP/ CLIFFHANGERS PARTY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CLIFFHANGERSPRO.COM BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE CLIFFHANGERSPRO.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL CONTENT AND FEATURES COMPRISING CLIFFHANGERS.

E. UNLESS AND EXCEPT AS OTHERWISE SPECIFICALLY STATED WITHIN CLIFFHANGERSPRO.COM, AWARDS, SUCH AS BADGES, AND SIMILAR ITEMS PROVIDED BY CLIFFHANGERSPRO.COM, ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND DO NOT HAVE MONETARY OR SIMILAR VALUE.

11. Indemnification. You shall defend, indemnify and hold harmless the CHP / CLIFFHANGERS Parties from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of the use of CLIFFHANGERSPRO.COM by You, and/or arising out of use of Your Account (whether or not by You), and/or arising out of Your other acts or omissions.

12. Termination. CHP may change, suspend or discontinue any aspect of CLIFFHANGERSPRO.com at any time, including the availability of any Site feature, database, or content. CHP may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in CHP’s sole discretion, without prejudice to any legal or equitable remedies available to CHP, for any reason or purpose, including, but not limited to, conduct that CHP believes violates these Terms of Use or other policies or guidelines posted on CLIFFHANGERSPRO.com or conduct that CHP believes is harmful to other customers, to CHP ‘s business, or to other information providers. Upon any termination of these Terms of Use, you shall immediately discontinue your use and access of CLIFFHANGERSPRO.com and destroy all materials obtained from it.

13. Miscellaneous. These Terms of Use, including the Privacy Policy, and any operating rules for CLIFFHANGERSPRO.COM established by CHP and CLIFFHANGERS, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms of Use shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules and the courts in the State of Georgia shall be the exclusive forum for any disputes. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

14. Notice of Infringement of Copyright.

CHP and CLIFFHANGERS respect the rights of all copyright holders and in this regard, CHP and CLIFFHANGERS have adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CHP’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

D. Information reasonably sufficient to permit us to contact the complaining party;

E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To summarize, if you reproduce my stuff, I’ll come after you with my legal team of “Dewey, Cheatem and Howe®” on loan from Columbia Pictures®. Who by the way are like pit vipers, hungry for their next meal. Ruthless, relentless and not afraid to offer a beat down at any given moment.