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TERMS AND CONDITIONS OF USE
This website (the "Site") is the property of Indigo, Inc. ("Company," or "we," or "us," or "our"). Please read these terms and conditions (the "Terms") before using this Site.
Individuals must be 18 years of age or older to use this Site and you warrant that you are 18 years of age or older. By accessing and using this Site, all users unconditionally agree to be bound by these Terms and all policies herein. If you do not agree to these Terms, do not access or use the Site. All users agree to be bound by any and all revisions and should periodically revisit this page to review the then current Terms.
Copyright and License
The content within this Site, including, without limitation, the design, source code, text, graphics, images, photographs, video and audio files, other files, and data (collectively, the "Content"), and the selection, arrangement, structure, coordination, and "look and feel" thereof, are the property of Company, ALL RIGHTS RESERVED Copyright © 2015 Indigo, Inc. Each user is granted a limited, non-sublicensable right to access this Site, and to print the Content information published on this Site for personal, non-commercial, and informational use in accordance with the Terms herein. The foregoing license grant does NOT include the right to:
- Publicly perform, display, or publish any Content on broadcast, digital media, or commercial print publications media, or make other derivative uses of the Site or the Content;
- Sell, market, distribute, or make commercial use of the Site or any Content;
- Use frame or framing techniques to enclose any portion of this Site (including the images, graphics, or video found at this Site, any text, or the layout/design of any page or form contained on a page); or
- Collect and/or use any Content including the use of any robots, data spiders, or similar data gathering, mining or extraction methods.
Except for the limited license granted above, users are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.
Trademarks and Service Marks
All Company and product names, slogans, and logos on this Site are the property of Company, and may be trademarks, service marks, or registered trademarks of Company or its suppliers and licensors. Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. Unauthorized individuals or entities may not use any metatags or any other "hidden text" utilizing Company or any other name, trademark, or product name of Company without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names or logos mentioned herein are the property of their respective owners.
Reference to any events, media, products, services, or other information, by trade name, trademark, or otherwise, does not constitute or imply endorsement, sponsorship, or administration thereof by us.
Unauthorized items, unauthorized use of name, likeness, image of Mr. Richard Pryor for profit, unauthorized items for sale, not for profit items exploited for personal gain/profit.
Ms. Jennifer Pryor owns the U.S. trademark and service mark ("Mark") in the name "Richard Pryor." The Mark was registered with the United States Patent and Trademark Office in 2005 (Reg. No. 3,035,625), and rights are held in classes 9, 16, 25, 35, 38, 41. The Mark precludes any third party from using the name "Richard Pryor" in connection with merchandise. Ms. Pryor is also the holder of certain copyright rights that were previously held by Richard Pryor, as well as the successor in interest to Mr. Pryor's name and likeness rights, pursuant to Section 3344.1 of the California Civil Code. The use of Mr. Pryor's name, photograph, image and/or likeness constitutes a serious violation of Section 3344.1 of the California Civil Code, which provides as follows:
(a) (1) Any person who uses a deceased personality's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of products, merchandise, goods, or services, without prior consent from the person or persons specified in subdivision (c), shall be liable for any damages sustained by the person or persons injured as a result thereof.
Id., see also, Lugosi v. Universal Pictures, 25 Cal. 3d 813, 603 P.2d 425, 160 Cal. Rptr. 323 (1979) ("The protection of name and likeness from unwarranted intrusion or exploitation is the heart of the law of privacy); see also, Clint Eastwood v. National Enquirer, 149 Cal. App. 3d 409, 198 Cal. Rptr. 342 (1983) ("California has long recognized a common law right of privacy... [which includes protection against] appropriation, for the defendant's advantage, of the plaintiffs name or likeness .... The so-called right of publicity means in essence that the reaction of the public to name and likeness, which may be fortuitous or which may be managed and planned, endows the name and likeness of the person invol exploitable opportunities ...." However, "the appearance of an 'endorsement' is not the sine qua non of a claim for commercial appropriation").
Sales with respect to the use of Mr. Pryor's name, photograph, image and likeness are wrongful, unauthorized and violative of Ms. Pryor's and the Pryor Estate's rights under applicable laws. Under the applicable United States Federal and State statutes, Ms. Pryor has available to her various legal and equitable remedies, including injunctive relief and damages, to compel trademark infringers to cease and desist all infringing uses.
While we are hopeful that Ms. Pryor, the client of Mr. Gary Kohn, Esquire (gkhonlaw.com), will not need to resort to litigation to enforce her rights, please be advised that Ms. Pryor will not hesitate to petition the courts for relief for unlawful sales and promotion.
With specific regards to "The Mack" and "Return Of The Mack" posters.
Blaxploitation movies were released to a small number of theaters, 10-15, in African-American neighborhoods and theaters, not supported by general public. The small number of posters were printed for promotional purposes only, not for sale nor resale, nor reproduction, which was also consistently printed on original movie theater posters. However, there are hundreds of thousands of posters for sale on various sites.
"The Mack" movie was released in 1973 and "Return Of The Mack" released in 1977, making both movie posters 46-years-old and 42-years-old, respectively. The paper quality of that era was distinct, while persons are selling "brand new" posters without reprint permission, while hundreds of thousands of other sellers, on various sites are claiming the dated-era poster item are claiming their advertised item is "original", "authentic", while poster is newly white, printed paper on higher-quality, digital-paper not of the same era.
As such, all "The Mack" replicated posters are unlawful reproductions/reprints, which contain the name, likeness and image of Richard Pryor. Persons are literally exploiting persons who were underpaid then, disregarded by general population, and not being paid now for the use of their work.
You must be 18 years of age to purchase Company's products, services or merchandise.
By submitting a video to the Company, each user hereby grants to the Company: The absolute and irrevocable right and permission, throughout the world, in perpetuity, with respect to the photographs(s), videography, or recording(s) in which the user appears, hereto: (i) to edit, alter, use, reuse, publish and republish the same in whole or in part, individually or in conjunction with other materials, film, television, video tapes, audio tapes, and digital media, in any and all manner, media and channels of distribution known and unknown, including social media, in connection with the Company and its products and services; and (ii) to use the applicant's name, image, photograph, likeness, voice, and signature in connection with the Company and its products and services.
Use of Videos Submitted to Company
In the event that a user submits a video or any other communications to the Company, the user will retain its ownership interest in all communications or files provided by the user to the Company, or this Site, via uploads, postings, and/or by electronic mail, telephone, text messaging, mail, or otherwise, including any text, pictures, videos, audio clips, comments, questions, suggestions, thoughts, or the like (collectively, the "Material"), and in any ideas, concepts, knowledge, or techniques ("Information") contained in the Material. Each applicant hereby grants Company and its parents, subsidiaries, affiliates, agents, successors and assigns, a universal, non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable and transferable license in perpetuity to use and/or edit all submitted Material in any manner and for any purposes. All such Material and Information is, and will be treated as, non-confidential and non-proprietary.
Company retains the right to edit all submitted Material in any manner and for any purpose, but is under no obligation to do so. Company may not be able to review all Material submitted and nothing herein requires Company to use, review or distribute Material provided by a user. Each user hereby represents and warrants that prior to submission: it owns the Material and Information submitted, or otherwise has the right to grant use thereof as set forth in this section; that the posting or use of said Material and/or Information on the Site does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity; and, that the individual seen or depicted in the Material is in fact the user. Company reserves the right to use the Material and Information for any purpose, including, but not limited to, posting, reproduction, disclosure, distribution, transmission, publication, and broadcast. Nothing herein requires Company to use, review, or distribute the aforementioned Material and Information provided by a user. Company reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Material or Information submitted, for any purpose, including, but not limited to, developing and marketing the Company, the Site, products or services, and the user understands there shall be no consideration, royalties or other compensation from the Company, its agents, affiliates or assigns for use of said Material or Information. Further, by providing Material and/or Information to the Company or Site, each user and his/her respective heirs, hereby indemnify, discharge, release, and hold Company, together with its parents, subsidiaries, affiliates, agents, successors and assigns and their respective directors, members, shareholders, officers, employees, agents and representatives (collectively, the "Released Parties"), harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party's rights, inclusive of attorneys' fees and costs in connection to the Material and/or Information. In the event that any submitted Material is embedded or otherwise hosted on a third party server (e.g., a YouTube® video), said content shall be in compliance with the external site's terms and conditions.
Company reserves the right to remove and/or disregard any Material or Information it deems to be offensive, defamatory, indecent, disparaging, obscene, pornographic, abusive, harassing, illegal, or an invasion of privacy, or which in any manner violates these Terms. As applicable, Company reserves the right to remove a user's registered account and terminate user's participation in the Site at any time for violating these Terms. Please report abuse to the Company webmaster at "firstname.lastname@example.org", Subject: Report Abuse.
Unauthorized Use Prohibited
The user will not include any unrelated or otherwise inappropriate commercial advertisements, "spam," or other solicitations in any manner relating to other websites, products, or services in the Material. In addition, a user will not post Material or Information resulting from unauthorized use, or impersonation, of another registered user's identity, name, screen-name, or persona; however, Company is not responsible for screening for any such conduct. Company is not liable for any losses of any kind, including without limitation, consequential or special damages, caused by any unauthorized use of a user's identity, name, screen-name, persona, or account, and you may be liable for the losses of Company or others due to such unauthorized use.
Third Party Links
Company may provide links to websites and other content of third parties as a service to those interested in this information. However, we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site. The linked websites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience to you, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the website's applicable terms and policies, including privacy and data gathering practices, of that website.
THIS SITE, AND THE CONTENT CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE CONTENT OR PRODUCTS OR SERVICES OFFERED OR PURCHASED THROUGH THE SITE. WE DO NOT REPRESENT OR WARRANT THAT CONTENT IN THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED.
WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT, INFORMATION, OR MATERIAL. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL.
RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.
Limitation of Liability
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO A USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SITE, EVEN IF THE RELEASED PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, THE RELEASED PARTIES' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ACCESS TO AND USE OF THE SITE.
In using this Site, users expressly waive any and all claims that they may have against Company. All users agree to indemnify, defend, and hold harmless the Released Parties, together with all of their officers, directors, shareholders, members, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to an user's account (including negligent or wrongful conduct) by a user or any other person accessing the Site using its account. Each user agrees to be solely responsible for payment of all sums owing to any person or entity by virtue of the exposition of the Materials and Information on the Site.
Except to the extent pre-empted by federal or other applicable state law, the Terms shall be governed by the laws of the State of California, without giving effect to any conflict of law provisions thereof. Users agree that all claims, disputes or controversies shall be resolved by final and binding arbitration in the County of Los Angeles, State of California. You and Company are agreeing to forego any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, may also be unavailable or may be limited in arbitration. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the Federal Arbitration Act ("FAA"), and conducted by Judicial Arbitration and Mediation Services, Inc. ("JAMS"), in accordance with the JAMS international arbitration rules. The tribunal will consist of one arbitrator. The prevailing party shall be entitled to an award of its reasonable attorneys' fees and actual costs incurred in such action. The arbitrator shall be bound to apply and enforce the terms of the official rules and the arbitrator's decision will be final, binding, and enforceable in a court of competent jurisdiction. Neither applicant, user, or Company shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class.
Further, in any such dispute, under no circumstances will users be permitted to obtain awards for and hereby waive all rights to claim punitive, incidental or consequential damages (including reasonable attorneys' fees and costs), other than actual out-of-pocket expenses and further waive all rights to have damages multiplied or increased.
You may opt out of the arbitration provision contained in this agreement. You acknowledge and understand that this opt out provision is only effective in the event you notify Company in writing:
16060 Ventura Blvd.
Encino, CA 91436
within 30 calendar days from the date of first use of the Site. Users hereby waive any and all rights to claim punitive, incidental or consequential damages, attorneys' fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with the Terms, subject to the limitations as set forth in Limitation of Liability above.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.
Digital Millennium Copyright Act
Company provides the Site as an interactive service provider and is not liable for any and all claims resulting from the use of Material or Information. Pursuant to the Digital Millennium Copyright Act, if a user feels unauthorized Material or Information has been posted on this Site, please notify us by email at "email@example.com" with the subject line stating "Copyright." The DMCA notice MUST include the following: (i) describe the alleged infringement in detail; (ii) the copyright owner or party who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) contain the following statement:
"I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing."