Terms and Conditions of Use

These terms and conditions govern your use of this website, which is brought to you by Ethyrea Media Group (“Ethyrea,” “EMG,” “Ethyrea Films”, “we”, “our” or “us”);  by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 There may be times when we offer special features that have their own terms and conditions that apply in addition to these terms and conditions.  In those cases, the terms specific to the special feature, control to the extent there is a conflict with these terms and conditions

License to use website

Unless otherwise stated, Ethyrea Media Group, et al, Danica Fontaine, and/or its licensors (collectively, “Ethyrea Parties”) own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  You may not: - republish material from this website (including republication on another website); - sell, rent or sub-license material from the website; - show any material from the website in public unless through a duly authorized social media share; - reproduce, duplicate, copy or otherwise exploit material on this website; - edit or otherwise modify any material on the website; or redistribute material from this website, except for content specifically and expressly made available for redistribution.

Acceptable use

This website is intended for informational and entertainment purposes only.

- You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. - You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. - You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website. - You must not use this website to transmit or send unsolicited commercial communications. - You must not use this website for any purposes related to marketing without EMG’s express written consent. 

Your Content

We may provide certain features on this web site that allow you to provide content to us (“Content”). If you provide us Content or otherwise post Content on this web site, you grant to us an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed and to use your name and likeness in connection with the same. You represent and warrant that you own or otherwise have appropriate permission to upload and share your Content and license it to us in accordance with these terms and conditions; that your Content is accurate; and that use of your Content does not violate these terms and conditions or the rights of any third party and will not cause injury to any person or entity. We will have the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to, your Content that violates these terms and conditions or the standards for this web site, as we determine in our sole discretion. We take no responsibility and assume no liability for your Content or any content submitted by any third party. It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, we do not accept unsolicited materials or ideas, and take no responsibility for any materials or ideas so transmitted.  If, despite our policy, you send us the content addressed in the prior sentence, you agree that we will be free to use any such content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you.

You agree that your Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to your Content and the right to grant all of the rights and licenses in these terms and conditions; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these terms and conditions and grant Ethyrea the license below above. Upon Ethyrea’s request, you will furnish Ethyrea any documentation, substantiation or releases necessary to verify your compliance with these terms and conditions.

You authorize Ethyrea to publish your Content in a searchable format that may be accessed by users of this web site and the Internet. Except as prohibited by law, you waive any moral rights you may have in your Content you submit, even if such Content is altered or changed in a manner not agreeable to you.

You agree that Ethyrea has no obligation to monitor or enforce your intellectual property rights to your Content but has the right to protect and enforce its and its licensees' rights to your Content. You further acknowledge and agree that Ethyrea will not have any obligation to you with regard to Content and that Ethyrea may or may not monitor, display or accept your Content and may delete it at any time. 

User Interactions and Disputes

You agree that you are solely responsible for your interaction with other users of this web site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

Community Usage Rules

When you contribute, upload, post or otherwise provide Content to this web site, you agree to comply with the following Usage Rules ("Rules"):

Content must be yours please. All Content must be original with you or in the public domain, not copied from someone else's protected work, and you must have all rights in the Content; OR, all persons who contributed in any way or have any rights to your Content or otherwise appear in the Content have given you permission to upload and distribute the Content on this web site and elsewhere.
No pictures or images of anyone but you and your friends and family. If you choose to upload photos to this web site, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.


Don't upload third party materials. Your Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.


No music please. Your Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.


Keep it relevant. Your Content should relate to the content on this web site and should be intended to add to the discussion and community on this web site - it should not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters).

Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a community for everyone to enjoy. If you think your Content might offend someone, chances are it probably will and it doesn't belong on this web site. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your Content may not threaten, abuse or harm others. Your Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.

Do not use this web site for commercial purposes. Your Content may not advertise or promote a product or service except those provided on this web site. You may not use your Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.

Do not upload Content that is inappropriate or illegal. Your Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your Content, don't upload or post it. If you do upload or post Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.

No violence. Your Content may not promote violence or describe how to perform a violent act.
Be honest and do not misrepresent yourself or your Content. Do not impersonate any other person, user or company or upload or post Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.

Public forum. We hope that you will use the community portions of this web site to exchange information and content and have discussions with other members. However, please remember that those portions of this web site are public forums and Content that you post will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).

Don't share other people's personal information. Your Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.

Don't damage this web site or anyone's computers. Your Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of this web site or any computer system.

Reporting Copyright and Other Intellectual Property Violations

You may not use this web site for any purpose or in any manner that infringes the rights of any third party. Ethyrea encourages you to report any content on this web site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on this web site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Ethyrea has a designated agent for receiving notices of copyright infringement and Ethyrea follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Ethyrea’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 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 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.

If you believe that any content on this web site violates your rights other than copyrights, please provide Ethyrea with at least 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 material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

Please send your notice of claims of copyright infringement on or regarding this web site or other complaint regarding alleged violation of rights to Ethyrea’ s copyright agent, who can be reached as follows:

Minter & Associates, LLC
5398 E. Mountain Street
Stone Mountain, GA. 30083


NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.

We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

Ethyrea will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.

Viral Distribution and Widgets.  Ethyrea may allow you – but only through expressed permission after receipt of written request.

Promotions

This web site may contain or offer contests, sweepstakes or other promotions, which may be governed by a separate set of rules that describe the contest, sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable contest, sweepstakes or promotion.

Third Party Links, Content and Applications

There may be links from this web site, or from communications you receive from us, to third party web sites or online features. This web site also may include third party content that we do not control, maintain or endorse. Functionality on this web site may also permit interactions between this web site and a third party website or online feature, including applications that connect this web site or your profile on this web site with a third party site, service, application  or other online feature.  For example, this web site may include a button enabling you to indicate, on your social networking page, that you “like” this web site, or a feature that lets you post to your social networking page a link to this web site, or the ability to share content from this web site or your own content with a third party, which may be publicly posted on that third party’s web site. Using this functionality typically requires you to login to your account on the third party site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. Your correspondence and business dealings with third parties found through this web site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party.

No warranties

YOU AGREE THAT This website is provided “as is” without any representations or warranties, express or implied.  Ethyrea makes no representations or warranties in relation to this website or the information and materials provided on this website.  Without prejudice to the generality of the foregoing paragraph, EMG does not warrant that: - this website will be constantly available, or available at all; or - that the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.

Limitations of liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE ETHYREA PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THIS WEB SITE; (B) ANY CONTENT YOU UPLOAD TO OR SHARE ON THIS WEB SITE; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THIS WEB SITE; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ETHYREA PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THIS WEB SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THIS WEB SITE; OR (G) ANY DAMAGE TO YOUR OR ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ETHYREA PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS WEB SITE).  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ETHYREA’S' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE,  MOTION PICTURE, PROPERTY, PRODUCT OR SERVICE OWNED OR CONTROLLED BY THE ETHYREA PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, MOTION PICTURE, PROPERTY, PRODUCT OR SERVICE OWNED OR CONTROLLED BY THE ETHYREA PARTIES.

Exceptions

Nothing in these terms and conditions will exclude or limit Ethyrea Films liability in respect of any: - death or personal injury caused by EMG’s negligence; - fraud or fraudulent misrepresentation on the part of Ethyrea Films; or - matter which it would be illegal or unlawful for Ethyrea Films to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, EMG has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Ethyrea Films officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect EMG’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Ethyrea Media Group.

No Third Party Beneficiaries.

Nothing expressed or implied in these terms and conditions is intended to confer upon any person other than the parties and their respective successors or permitted assigns, any rights, remedies, obligations or liabilities whatsoever.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify the Ethyrea Entities and undertake to keep the Ethyrea Entities indemnified against any losses, damages, costs, liabilities, injuries and expenses (including without limitation legal expenses and any amounts paid by the Ethyrea Entities to a third party in settlement of a claim or dispute on the advice of Ethyrea Entities legal advisers) incurred or suffered by an Ethyrea Entity arising out of: (i) any breach or alleged breach by you of any provision of these terms and conditions; (ii) any content you upload to or otherwise share on this web site; (iii) you use of this web site; (iv) any misrepresentation made by you; and (iv) the use by an Ethyrea Entity by any content you upload to or otherwise share on this web site.  The Ethyrea Entities reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Ethyrea Entities.

Breaches of these terms and conditions

Without prejudice to EMG’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Ethyrea may take such action as Ethyrea deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Ethyrea may revise these terms and conditions from time-to-time. Your use of this web site after we have posted the updated terms and conditions (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the updated terms and conditions. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Ethyrea Films may transfer, sub-contract or otherwise deal with Ethyrea Films rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Ethyrea Media Group in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Location and Territorial Restrictions.

The information provided through this web site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control and operate this web site from offices located in the United States and make no representations or warranties that the use of this web site are appropriate for use or access in other locations.  Anyone using this web site from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws apply. We reserve the right to limit the availability of this web site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide. Software related to or made available by this web site may be subject to United States export controls. Thus, no software from this web site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this web site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Governing Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Nevada State Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of Nevada. Ethyrea Media Group is a Nevada Limited Liability Company. It is a private, member managed American Entity, that’s primary purpose is the Production of Feature films. It is a registered, business license exempt entity. For more information contact Legal at Ethyrea dot com,