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THE TERMS OF USE AGREEMENT

Welcome to the Internet sites of Roddenberry Entertainment. This Terms of Use Agreement ("Agreement") constitutes a legally binding contract between Roddenberry Entertainment Inc., a California corporation ("Roddenberry," "we," "us," "our"), on the one hand, and you, on the other hand, with respect to your use of our websites, which include, the websites located at http://www.roddenberry.com; http://www.genesjournal.com/; http://www.daysmissing.com/; http://www.rodandbarry.com/; http://www.treknationmovie.com/; and http://whiteroom02b3.com and the Information and Services (each as defined below) (collectively, the “Website”). It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Website, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Website or any of the Information or Services. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.

We reserve the right at any time, with or without cause, to:

  • change the terms and conditions of this Agreement;
  • change the Website, including eliminating or discontinuing any Information or Services
  • or other feature of the Website; or
  • deny or terminate your use of and/or access to the Website.

Any change(s) we make will be effective immediately upon our making such change(s) available on the Website or otherwise providing notice thereof. You agree that your entering, re-entering, or continuing to use the Website thereafter constitutes your acceptance of such change(s). You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy (which can be accessed below) (“Privacy Policy”) and agree to all such terms and conditions, which are hereby incorporated by reference into this Agreement. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

Eligibility

By using the Website, you represent and warrant that all registration information is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the Website does not violate any law or regulation in the United States or any other applicable jurisdiction.

Permitted Use of Services and Information

The services made available on, by or through the Website, which include or may include, without limitation, registration with Roddenberry, message boards, blogs, public forums, subscription to the newsletters, and online purchases (collectively, the "Services"), as well as any information provided on, by or through the Website or as part of or in connection with the Services or otherwise, including but not limited to news updates, articles, data, text, graphics, designs, logos, images, audio/visual materials, links and references (collectively, the "Information"), are provided for personal use only and not for any for-profit or commercial purpose or for resale. You may access the Services and Information for your information and personal use solely as intended through the provided functionality of the Website and as permitted under this Agreement. Without the written consent of Roddenberry, no Information or any other Roddenberry materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way.

Roddenberry will allow you to view and print a reasonable number of copies of information, documents and web pages located on the Website for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that (i) you must retain all trademark, copyright, and other proprietary notices contained in the original materials, (ii) you must provide attribution to Roddenberry, and if possible provide a reference to the Website, (iii) the material must be printed in its entirety without modification, reformatting or adaptation of any kind, (iv) any such copies are subject to the terms and conditions of this Agreement and remain the property of Roddenberry, and (v) you agree to advise any person to whom you share the materials as to this Agreement and they must agree to abide by this Agreement. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Roddenberry promptly of any such unauthorized use(s) of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/ or trademarks and other proprietary rights of Roddenberry or others.

Registration

Browsing of the Website’s public pages is provided free of charge to any person. However, access to certain functionalities of the Website will require you to register with and/or provide certain information to Roddenberry. We reserve the right to decline to provide Services to any person for any or no reason. If and when you register with or provide information to Roddenberry, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to remove such information from the Website and terminate this Agreement and your use of the Website, Services, and/or Information. You understand that any information you provide will be treated by Roddenberry in the manner described in this Agreement and our Privacy Policy.

User Content

As part of your use of the Website, you may participate in certain message boards, blogs or other public forums. Your participation is voluntary; however, by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any messages, text, images, photos, information, suggestions, feedback, or any other content whatsoever (collectively, “Content”) provided by you may be viewed by the general public and will not be treated as private, proprietary or confidential, and you authorize us and our affiliates and licensees, without compensation to you or others, to copy, adapt, reproduce, incorporate, distribute, publicly display or otherwise use such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any and all copyright, trademark, patent, trade secret or any other proprietary rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you. By posting or providing such Content on the Website, you represent to Roddenberry that you own or have any and all necessary rights, consents, licenses, and permissions to publish and to permit us to publish or otherwise use such Content in the manner stated above. By way of example and not limitation, if you post or otherwise provide a picture of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image and you must be the owner or licensee of the copyright in the photograph. You agree not to post or provide any Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness in furtherance of our operations throughout the world, and such permission shall be perpetual cannot be revoked for any reason.

You further agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any Content submitted by you or others. We cannot and do not guarantee that we will post all Content submitted or that such Content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content or Information posted via the Services and as such do not guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on any message board, blog or other public forum.

By registering with the Website, you grant to Roddenberry, its affiliates, subsidiaries, assigns, agents and licensees a non-exclusive license to use and to permit others to use throughout the universe your name, sobriquet, professional name, likenesses, other identifications, and biographical material posted concerning you in connection with the Website and the advertising and promotion of Roddenberry. You will not be compensated for use of your name or likeness used in accordance with the above.

Third Party Links

The Website may contain links to other websites for your convenience. We do not control the linked websites or the content provided through such websites, and we have not reviewed, in their entirety, and we assume no responsibility for, such websites. By using the Website, you expressly relieve Roddenberry of any and all liability arising from your use of any third party website. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third party products, services, or publications within the Website do not imply endorsement of, and we are not responsible for and disclaim any endorsement of, any such product, service, or publication. Further, it is up to you to take precautions to ensure that whatever links you select are free of such items as viruses, worms, Trojan horses, date or time bombs and other items of a destructive nature. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website, and we encourage you to be aware of when you leave the Website and read the terms and conditions and privacy policy of any and all such third party websites.

Acceptable Use Policy

You agree not to use the Information, Services or the Website to take any action(s) that:

  1. are contrary to Roddenberry’s public image, goodwill, or reputation;
  2. infringe on our or any third party’s copyright, patent, trademark, trade secret or other >proprietary rights or rights of publicity or privacy;
  3. express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
  4. violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
  5. are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
  6. transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
  7. restrict or inhibit any other visitor from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
  8. modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information;
  9. remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Website, or Services;
  10. sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Website, or any portion thereof, in any manner whatsoever;
  11. “frame” or “mirror” any part of the Website without our prior written authorization;
  12. distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
  13. interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Roddenberry or its licensors or suppliers;
  14. involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
  15. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures;
  16. forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
  17. execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website’s servers or any data not intended for you; and/or
  18. harvest or collect information about Website visitors or members without their express consent.

Improper use of the Information, Services and Website may result in termination of your access to and use of the Website, and/or civil or criminal liabilities.

Purchases

In order to purchase products from the Website, you must submit the necessary contact and payment information, which includes or may include, without limitation, your name, billing and shipping addresses, credit card or other payment information and email address. You understand that any such information will be treated by us in the manner described in our Privacy Policy. By providing such information to us by any means (e.g., email, fax, telephone, mail, etc.), you agree that all such information will be accurate, current, and complete and that you have the lawful right to provide such information to Roddenberry for use in processing your orders via the Website. In order to purchase products, you must be 18 years of age or older. By using the Website’s payment methods (e.g., VISA, Mastercard, etc.), you confirm that you possess the legal authority to enter into the conditions of use for the Website, including without limitation, instructing us or our authorized vendors to collect any payments from a credit or debit card, and to use the Website in accordance with this Agreement. You agree that you are responsible for all charges incurred by your use of the Website and you expressly authorize us or our authorized vendors to charge the credit card (or other applicable payment mechanism) provided by you for any outstanding fees or costs due to us submitted online via the Website. You will also be responsible for paying any applicable taxes relating to your purchases.

Descriptions or images of, or references to, products or services on the Website do not imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to change the prices, fees and charges associated with any product or service, to cancel or limit the order quantity on any product or service, to reject, correct, cancel or terminate any order, and/or to refuse service to you for any or no reason. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

All sales of merchandise through the Website are subject to our standard sales terms and conditions as set forth in this Agreement and/or on the Website, which can be found at: http:/ /www.roddenberry.com/customer-service. We reserve the right, without prior notification, to change our standard sales terms and conditions at any time.

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL PRODUCTS PURCHASED THROUGH THE WEBSITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RODDENBERRY’S SOLE AND EXCLUSIVE LIABILITY FOR BREACH OF ANY WARRANTY OR OTHERWISE IN CONNECTION WITH ANY PRODUCT SHALL BE TO REPLACE THE ITEM OR REFUND THE PURCHASE PRICE IN ACCORDANCE WITH THE TERMS SET FORTH ABOVE OR ELSEWHERE ON THE WEBSITE.

Ownership

The Website is owned and operated by Roddenberry, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Roddenberry. The Information and Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service or Information without our prior written permission. The Information, Website, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Roddenberry or, if so indicated in writing by Roddenberry, its licensors or suppliers. Use of the Website or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or any Services or Information. All rights not expressly granted hereunder in and to the Website, Services and/or Information are hereby expressly reserved to Roddenberry.

The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered trademarks of Roddenberry, Roddenberry licensors and suppliers, and/or others. Nothing contained in this Agreement or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Roddenberry, Roddenberry licensors or suppliers, or the third party owner of any such Trademark.

Parental Consent

You hereby warrant and represent that you are over the age of 13, as this Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under eighteen (18) years of age, you further warrant and represent that you either: (i) are an emancipated minor, or (ii) possess legal parental or guardian consent.

Roddenberry does not knowingly solicit data from children or knowingly market to children. We are concerned about the safety of children and their use of the Internet and, in accordance with the U.S. Children’s Online Privacy Protection Act; we do not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that we receive actual knowledge that we have collected such personal information without the requisite and verifiable parental consent, we will delete that information from the Website as quickly as reasonably practical.

It is up to parents to properly supervise their children’s online activities. Roddenberry wishes to inform you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website of GetNetWise.org (http://www.getnetwise.org/).

Claims of Copyright Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Roddenberry infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (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 copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Roddenberry to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Website should be sent to:

Copyright Designated Agent c/o Roddenberry Entertainment 4400 Coldwater Cyn Ave. Suite 100 Studio City CA 91604

By email: info@roddenberry.com.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Sweepstakes, Contests, and Games

Any sweepstakes, contests, or games that are or may be accessible through the Website are governed by specific rules. By entering such sweepstakes or contests or participating in such games you agree to and will be subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such sweepstakes, contests, and games.

Term & Termination

This Agreement is effective from the date that you first access the Website or submit any information to Roddenberry, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Roddenberry may immediately terminate this Agreement, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Roddenberry rights of ownership shall survive any termination. All of your representations, warranties and indemnification obligations hereunder shall also survive any termination hereof

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Roddenberry to maintain and support the Website, or any part or portion thereof, during the term of this Agreement.

Disclaimers

THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED "AS IS" AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

YOU AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, SHALL BE AT YOUR SOLE RISK. THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE, OR YOUR USE OF THE WEBSITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATABILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.

Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER RODDENBERRY NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES, ANY LINKED WEBSITE AND/OR ANY MERCHANDISE PURCHASED THROUGH THE WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, SERVICES, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, OR LINKED WEBSITE, AS APPLICABLE. RODDENBERRY’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION AND/OR SERVICES, SHALL BE THE TOTAL OUT-OF-POCKET AMOUNT ACTUALLY PAID TO RODDENBERRY BY YOU FOR USE OF THE WEBSITE, INFORMATION, SERVICES AND/OR MERCHANDISE.

Indemnification

You agree to fully indemnify, defend, and hold Roddenberry, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any Content you submit to us or transmit to the Website infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party and/or causes damage to any third party; (c) your activities in connection with the Website, Services and/or Information or other websites to which the Website is linked; and/or (d) your willful misconduct or gross negligence. This defense and indemnification obligation will survive this Agreement and your use of the Website.

Jurisdictional Issues

The Website is managed in the State of California, United States of America, and the Information, Website, and Services are solely directed to individuals residing in the United States. Roddenberry makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website, or any content or functionality of the Website or portion thereof, is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Dispute Resolution/Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Los Angeles County, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in Los Angeles County, California. For the sake of clarity, nothing in this paragraph shall affect Roddenberry’s ability to seek from a court injunctive or equitable relief at any time.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

YOU AND RODDENBERRY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Miscellaneous

If any provision of this Agreement is found to 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. This Agreement together with the Privacy Policy and any other legal notices published by Roddenberry on the Website is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and Roddenberry (or any of its agents, directors, or employees) with respect to such subject matter. This Agreement may not be changed, waived or modified except by Roddenberry as provided herein or otherwise by written instrument signed by Roddenberry. This Agreement or any right, obligation, or remedy hereunder is not assignable, transferable, delegatable, or sublicensable by you except with Roddenberry’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Roddenberry may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. 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. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Contacting Roddenberry

If you have any questions, comments or complaints about this Agreement or our Website, please contact us:

Phone : 818-487-9431 Email: info@roddenberry.com

Address: 4400 Coldwater Cyn Ave. Suite 100 Studio City CA 91604

Effective November 7, 2011

 

THE PRIVACY POLICY

At Roddenberry (“Roddenberry”, “we”, “us”, “our”) we value your support and respect your privacy rights. As a demonstration of our commitment to protecting your rights, we created this privacy policy (“Privacy Policy”) to explain how we treat the information collected and received from your use of our Website (as such term is defined in the Terms of Use). This Privacy Policy is provided to help you make an informed decision regarding whether to continue to visit and use the Website, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy applies only to the Website, and we are not responsible for the practices of persons, companies, or websites that Roddenberry does not control, manage, or employ. This Privacy Policy is incorporated into and subject to our Terms of Use Agreement, as applicable (“Terms of Use”). Both this Privacy Policy, our Terms of Use, and any other legal notices published by Roddenberry on the Website govern your interaction with the Website, and your registration to and use of the Website.

Notice Concerning Children

PLEASE NOTE: This Website and any information, products, or services provided therein are limited to audiences thirteen (13) years of age or older. The Website does not direct any content specifically at children. If we learn or have reason to suspect that a user is underage, we will promptly delete any Personally Identifiable Information in that user’s account.

What Information This Privacy Policy Covers

Most of our Website’s functionality can be used without revealing any personal information, though for some specific features or services personal information may be required. If you do not use these specific features or services on the Website, then the only information we collect will be “Non-Personal Information” (i.e., information that cannot be used to identify you). Non-Personal Information includes information such as the web pages that you have viewed. In order to access certain features and benefits on our Website, you may need to submit “Personally Identifiable Information” (i.e., information that can be used to identify you). Personally Identifiable Information can include information such as your name, home address, telephone number and email address. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to Roddenberry. Inaccurate information may affect your ability to use the Website, the information you receive when using the Website, and our ability to contact you. For example, your email address should be kept current because that is one of the primary manners in which we communicate with you.

What You Consent to by Using Our Website

Please understand that by submitting any Personally Identifiable Information to us, you consent and agree that we may collect, use and disclose such Personally Identifiable Information in accordance with this Privacy Policy and our Terms of Use, and as permitted or required by law. If you do not agree with these terms, then please do not provide any Personally Identifiable Information to us. If you refuse or withdraw your consent, or if you choose not to provide us with any required Personally Identifiable Information, we may not be able to provide you with the products or services that can be offered on our Website.

What Information We Collect

We gather two types of information about users through the Website:

  1. Non-Personal Information. When users come to our Website, we may track, collect and aggregate Non-Personal Information indicating, among other things, which pages of our Website were visited, the order in which they were visited, and which hyperlinks were “clicked,” etc. Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Website. Although such information is not Personally Identifiable Information, we may be able to determine from an IP address a user’s Internet Service Provider and the geographic location of his or her point of connectivity.

    We also use or may use Cookies to help us determine, without limitation, the type of content and sites to which a user of our Website links, the length of time each user spends at any particular area of our Website, and the specific functionalities that users choose to use. Essentially, Cookies are a user’s identification card for the Roddenberry servers. Cookies allow Roddenberry to serve you better and more efficiently, and to personalize your experience at our Website. Cookies are not used to retain Personally Identifiable Information.

    You should be able to control how and whether Cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject Cookies in the "Help" section of the toolbar. If you reject our Cookies, certain of the functions and conveniences of this Website may not work properly, but you do not have to accept our Cookies in order to productively use many functionalities of the Website.
  2. Personally Identifiable Information. We collect Personally Identifiable Information that you provide to us when using the Website, such as when you register with the Website, participate in our public forums, send us email messages, participate in contests/ sweepstakes and make purchases on our Website. Among other things, we may collect and use the Personally Identifiable Information that you provide to respond to your questions, provide you the specific services you select, send you the products that you order, send you updates about Roddenberry, send you email messages about Website maintenance and updates and inform you of significant changes to this Privacy Policy.
    1. Updates/Newsletter. Roddenberry may offer you the ability to receive email updates or newsletters either via email or another subscription service such as Facebook or Twitter. In order to subscribe to these services, you may be required to provide us with Personally Identifiable Information such as your name and email address.
    2. Registration. Roddenberry offers you the ability to register with the Website. In order to register, you are required to provide us with Personally Identifiable Information such as your name, address, phone number and email address. In the event that you elect to register with the Website, please refer to the “Safety Tips” Section below. Entering your email address at this stage may pre-selectively enroll you in our email updates; however, you can choose to opt-out of this service at the time of registration or at any time in accordance with the terms set forth herein.
    3. Forums. Roddenberry may offer certain message boards, blogs or other public forums from time to time (the “Forums”) where you can share comments and thoughts or post other Content. In order to participate in the Forums, you may be required to register with us and/or provide us with Personally Identifiable Information such as your name and email address. Personally Identifiable Information shall not include any information posted or sent by or to you via any public Forum or the Website.
    4. Join the Dive Team. In order to join the Roddenberry Dive Team, you may be required to provide Personally Identifiable Information such as your name, address, phone number, email address, date of birth, and dive certification information. Entering your email address at this stage will pre-selectively enroll you in to receive the Dive Team email updates; however, you can choose to opt-out of this service in accordance with the terms set forth herein.
    5. Purchases. When purchasing products through our Website, you are required to provide us with Personally Identifiable Information, such as your name, address, billing information (i.e., credit card information and billing address) (“Billing Information”), shipping address, and email address.
    6. Participation in Contests, Sweepstakes, and Other Promotions. From time to time, Roddenberry may offer you the opportunity to participate in a contest, sweepstakes, or other promotions on or through the Website. If you desire to participate in any such contest, sweepstakes, or other promotion, you will be asked to provide us with certain information necessary to conduct such contest, sweepstakes, or other promotion. This information may include, among other things, your name, age, mailing address, email address, and phone number.
    7. Communications with Roddenberry. We may receive Personally Identifiable Information when you send us an email message or otherwise contact us.

How We Use the Information

Please take some time to familiarize yourself with the different ways Roddenberry uses the information that we gather.

  1. Non-Personal Information. We use Non-Personal Information in aggregate form to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Website.
  2. Personally Identifiable Information. This Privacy Policy serves as notice that we collect Personally Identifiable Information in the manners described herein. Except as set forth in this Privacy Policy or as specifically agreed to by you, Roddenberry will not disclose any Personally Identifiable Information we gather from you on the Website. If you submit Personally Identifiable Information to us, we may use that information to operate, maintain, and improve the features and functionality of the Website. Also, we may archive this information and/or use it for future communications with you. In addition to the other uses set forth in this Privacy Policy, we may disclose and otherwise use Personally Identifiable Information as described below.
    1. Updates/Newsletters. We use Personally Identifiable Information collected when you sign-up for our various newsletter or update services to send you the messages that you request us to send. We may also archive this information and/or use it for future communications with you.
    2. Registration. We use Personally Identifiable Information collected during the registration process solely to fulfill orders purchase orders. Billing Information may be archived by us or our providers. We may archive Personally Identifiable Information other than Billing Information and/or use it for future communications with you.
    3. Forums. We use Personally Identifiable Information collected during your use of the Forums to facilitate your use of the Forums. In addition we may publish this information either on the Website and/or in other publications. We may also archive this information and/or use it for future communications with you and/or your designee(s). This policy does not protect any information or content that you may publish to any online Forum in connection with our Website.
    4. Join the Dive Team. We use Personally Identifiable Information input when you apply to join the Dive Team to respond to your request. We may also archive this information and/or use it for future communications with you.
    5. Purchases. We use Personally Identifiable Information collected during the purchasing process to fulfill the order. Billing Information may be archived by us or our providers. We may archive Personally Identifiable Information other than Billing Information and/or use it for future communications with you.
    6. Communications with Roddenberry. When you send us an email message or otherwise contact us, we may use the information provided by you to respond to your communication and/or as described in this Privacy Policy. We may also archive this information and/or use it for future communications with you.
    7. Participation in Contests, Sweepstakes and Other Promotions. We use the Personally Identifiable Information that we collect from you when you participate in a contest, sweepstakes, or other promotion through the Website for processing purposes. Also, we may archive this information and/or use it for future communications with you. If a third party administers the contest, sweepstakes or other promotion, your participation may be subject to that third party's terms and conditions, and privacy policy. Detailed information about these terms will be provided in the applicable Official Rules for such contest, sweepstakes or other promotion.
    8. Disclosure to Roddenberry Operations and Maintenance Contractors. Our operations and maintenance contractors sometimes have limited access to your Personally Identifiable Information in the course of providing products or services to us. These contractors may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of the Website. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for us.
    9. Government Authorities, Legal Rights and Actions. Roddenberry may share your Personally Identifiable Information with various government authorities in response to subpoenas, court orders, or other legal processes; to establish or exercise our legal rights or to protect our property; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us. We also may share your Personally Identifiable Information when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of Roddenberry, the Website, our users, customers, or others; and in connection with our Terms of Use and other agreements.

External Links

For your convenience we may provide links to websites operated by companies other than Roddenberry (“Third Party Sites”) that we believe may be of interest to you. We do not disclose your Personally Identifiable Information to these Third Party Sites without obtaining your consent. We do not endorse and are not responsible for the privacy practices of these Third Party Sites. If you choose to link to one of these Third Party Sites, you should review the privacy policy posted on the other website to understand how that Third Party Site collects and uses your Personally Identifiable Information. Further, it is up to you to take precautions to ensure that whatever links you select are free of such items as viruses, worms, Trojan horses, date or time bombs and other items of a destructive nature.

Confidentiality & Security of Personally Identifiable Information

We consider the confidentiality and security of your information to be of the utmost importance. We will use commercially reasonable efforts to keep your Personally Identifiable Information private and will not share it with third parties, except as otherwise provided in this Privacy Policy, or unless we have good faith belief that such disclosure is necessary in special cases, such as a physical threat to you or others, as determined by Roddenberry in its sole reasonable discretion. Roddenberry takes reasonable measures to protect your Personally Identifiable Information from disclosure to or access by third parties. Please note that we do not guarantee the security of Personally Identifiable Information, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmissions of your information over the internet will be intercepted.

Updating or Deleting Your Personally Identifiable Information

We maintain a procedure in order to help you confirm that your Personally Identifiable Information remains correct and up-to-date or choose whether or not you wish to receive material from us or some of our partners.

You may change, update, delete, or otherwise modify your Personally Identifiable Information at any time using the functionalities of the Website. You may also email us at info@roddenberry.com in order to delete or update your Personally Identifiable Information on our systems. We try to answer every email promptly, but may not always be able to do so. Keep in mind, however, that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your Personally Identifiable Information.

If you have any privacy-related questions or unresolved problems, you may contact Roddenberry using the information provided below.

Changing Our Privacy Policy

Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting on our Website. We will notify you of any material change to this Privacy Policy by posting a notice on our Website’s homepage for a reasonable period of time following such update, and by changing the effective date (located at the bottom of this page). Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.

International Users

Our Website is hosted in the United States and is intended for and directed to users in the United States. If you access the Website from any region or country with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law, this Privacy Policy, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.

Roddenberry makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website, or any content or functionality of the Website or portion thereof, is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

Protecting Children’s Privacy

Roddenberry strongly believes in protecting the privacy of children. In line with this belief, we do not knowingly collect or maintain Personally Identifiable Information on our Website from persons under 13 years of age, and no part of our Website is directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access this Website at any time or in any manner. We will take appropriate steps to delete any Personally Identifiable Information of persons less than 13 years of age that has been collected on our Website without verified parental consent upon learning of the existence of such Personally Identifiable Information.

California Privacy Rights

Under California Law, California residents can request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of Personally Identifiable Information and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes and (b) the names and addresses of all such third parties. To make such a request from Roddenberry, if entitled, please use the contact information listed below. We will respond to such properly addressed written requests. Please note that we are only required to respond to each customer once per calendar year.

Safety Tips

Roddenberry is committed to protecting the privacy and safety of our users, especially those who are minors. Accordingly, we remind you that the Website and any Personally Identifiable Information that you elect to post to the Website are publicly available to anyone using the internet. We recommend that you use caution in electing what Personally Identifiable Information to make publicly available on the Website, if any. We also recommend against meeting in person with someone you “meet” through your use of the Website without parental or other adult consent and supervision.

Contacting Roddenberry

If you have any questions, comments or complaints about the Terms of Use, Privacy Policy or our Website, please contact us:

Phone: 818.487.9431

Email: info@roddenberry.com

Address:
4400 Coldwater Cyn Ave.
Suite 100
Studio City CA 91604

Effective October 7, 2011