Welcome to the When Pigs Fly ("us", "our", or "we") Internet Site ("Site"). The following are the Terms of Use ("Terms and Conditions" or "Guidelines") of the services and content on the Site, and how they apply to you ("Collectors", "Members", "you", "your", "yourself").
By registering to become a Member of the Site or accessing, browsing, or using the Site you accept the following Terms and Conditions:
The Site is provided to you under these Terms and Conditions or Guidelines, and amendments thereto and any operating rules or policies. We reserve the right to update and change these Guidelines from time to time with or without notice to you.
The Site is offered at our sole discretion. We reserve the right to modify or discontinue, temporarily or permanently, the Site any Site features, benefits, rules or conditions, and any other terms or conditions, all without notice. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Site.
We have created a privacy policy setting forth how information collected about you is collected, used and stored. Your use of the Site constitutes acknowledgment and agreement with our privacy policy. You further acknowledge and agree that we may use your personal information in the manner described in our Privacy Policy. For more information, please see our full Privacy Policy at the Site.
All materials on this Site including, but not limited to, logos, images, text, illustrations, audio and video files (collectively "intellectual property"), are protected by copyrights, trademarks, servicemarks, or other proprietary rights which are either owned by us, or owned by other parties who have licensed their intellectual property to us. Material from this Site and from any other web Site owned, operated, controlled, or licensed by us may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our intellectual property in any form, including but not limited to use on any other web Site or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.
We have no control over and are not responsible for the content of or claims made on websites that may be linked to or from the Site, whether or not they may be affiliated with us. Any websites linked to or from our Site are for your convenience only, and you access them at your own risk.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SITE OR ANY THIRD PARTY MATERIAL, GOODS OR SERVICES ADVERTISED, PROMOTED, OR MADE AVAILABLE THROUGH THE SITE. FURTHERMORE, THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS – WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, QUALITY, OR PERFORMANCE OF THE MATERIALS, GOODS, OR SERVICES LINKED TO, ADVERTISED OR PROVIDED BY OUR PARTICIPATING SUPPLIERS, BUSINESSES OR SPONSORS OR PROMOTED IN CONJUNCTION WITH THE SITE.
YOU EXPRESSLY WARRANT AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY WARRANT AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM USING THIS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE THE SITE. You accept all responsibility for, and hereby indemnify and hold harmless us from and against, any actions taken by you or by any Member authorized to use your account, including but not limited to disclosure of passwords to third parties.
Notices to you may be made via either email or regular mail. We may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Florida, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or the State of Florida bring to enforce these Terms and Conditions or, in connection with, any matters related to your use of the Site shall be brought only in either the state or Federal Courts located in State of Florida, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms and Conditions constitute the entire agreement between you and us and govern your use of this Site, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The other provisions of the Terms and Conditions remain in full force and effect. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms and Conditions to info@whenpigsflythemovie.com
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession. Furthermore, if any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Copyright 2007 BreitRed Productions. All Rights Reserved.