TERMS OF USE AGREEMENT

This site is owned or managed by Incendiary Communications, Inc. (“Incendiary”) and is part of the Incendiary family of companies, which includes other quality entertainment brands as well.

Incendiary provides this Incendiary Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this Incendiary Website. Your use of this Incendiary Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Incendiary Website. This Agreement sets forth Incendiary’s policies with respect to its operation of the Incendiary Websites. Other policies govern Incendiary’s non-Internet operations.

Certain products or services offered by this and/or other Incendiary Websites (each a “Incendiary Internet Service,” and collectively “Incendiary Internet Services”), and certain areas within this and/or other Incendiary Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or Incendiary Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY INCENDIARY WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY INCENDIARY WEBSITE MAY BE TERMINATED IMMEDIATELY IN INCENDIARY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Some parts of this Incendiary website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Incendiary Website content.

Changes to this Agreement
This Agreement is effective as of October 1, 2009. Incendiary reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Incendiary will provide notice of such change on this Incendiary Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the Incendiary Website and/or Incendiary Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Incendiary Website and/or the Incendiary Internet Service to which the changes may apply.

Privacy and Protection of Personal Information
Incendiary has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Statement by clicking here.

Accounts, Security, Passwords
If a particular Incendiary Website or Incendiary Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Incendiary immediately of any unauthorized use of your account. Incendiary is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Incendiary Internet Service.

Fees
Except where otherwise provided, access to and use of this Incendiary Website and the Incendiary Internet Services offered through this site are currently available without charge. Incendiary reserves the right to charge a fee for access to or use of this Incendiary Website, or any Incendiary Internet Service available on this Incendiary Website at any time in the future. Your access to or use of this Incendiary Website before such time does not entitle you to use of this Incendiary Website without charge in the future.

Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS INCENDIARY WEBSITE AND/OR INCENDIARY INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS INCENDIARY WEBSITE OR INCENDIARY INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. INCENDIARY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCENDIARY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. INCENDIARY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS INCENDIARY WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. INCENDIARY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS INCENDIARY WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

INCENDIARY IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR INCENDIARY INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Links
This Incendiary Website may contain links to websites operated by third parties. Incendiary does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Incendiary's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

Software And Downloads Available Through This Website
Any software that is made available to view and/ or download in connection with a Incendiary Internet Service ("Software"), including podcasts, audio streaming, or video streaming, is owned or controlled by Incendiary and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Incendiary accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

Third-Party Merchants
This Incendiary Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Incendiary. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Incendiary does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Incendiary will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Incendiary Internet Service.

Modification/Termination by Incendiary
Incendiary reserves the right, in its sole discretion, to modify, suspend, or terminate this Incendiary Website and/or any portion thereof, including any Incendiary Internet Service, and/or your account, password, or use of any Incendiary Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for a Incendiary Internet Service removes your authorization to use the Incendiary Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Incendiary shall not be liable to you or any third-party for any termination of your access to a Incendiary Internet Service.

Interactive Services
This Incendiary Website may offer certain Incendiary Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively "Incendiary Interactive Services"). Additional terms may cover these services, which appear on the pages where these services are available and can be found here.

Subscription Services
This Incendiary Website may offer certain Incendiary Subscription Services such as newsletters and Real Simple Syndication ("RSS") feeds (collectively "Incendiary Subscription Services"). By registering for a Incendiary Subscription Service, you will be subject to any charges and rules set forth in the description of that service

Premium Services
Some Incendiary Internet Services on this Incendiary Website, including certain Incendiary Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee (“Incendiary Premium Service”). By using the Incendiary Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service. A copy of the Premium Service Additional Terms can be found here.

Contests/Sweepstakes
For Additional Terms applying to all contests or sweepstakes conducted by this Incendiary Website, refer to this site's contest or sweepstakes information.

Limitations on Liability
In no event shall Incendiary, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Incendiary Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Incendiary Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Incendiary Website or any information, software, products, services, and related graphics obtained through the Incendiary Website; (vi) any transactions entered into through this Incendiary Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Incendiary Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Incendiary Website and Incendiary Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Incendiary has been advised of the possibility of damages.

Indemnification
You agree to indemnify, defend, and hold harmless Incendiary, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Incendiary Website and any related Incendiary Internet Service and/or software. Incendiary reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Incendiary in asserting any available defenses.

International Use/U.S. Export Controls
Accessing materials on this Incendiary Website by certain persons in certain countries may not be lawful, and Incendiary makes no representation that materials on this Incendiary Website are appropriate or available for use in locations outside the United States. If you choose to access this Incendiary Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this Incendiary Website. No software or any other materials associated with this Incendiary Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Incendiary Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.