COLT STUDIO GROUP
THE COLT STUDIO GROUP PROMO SITE IS INTENDED ONLY FOR OUR REGISTERED REVIEWERS, AFFILIATES, MODELS, RETAIL STORES/SITES AND MEMBERS OF THE PRESS. Only those individuals or organizations to which COLT STUDIO GROUP has granted a password are authorized to use this site and be granted the revocable, limited-use license described herein. If you do not have a password, you may apply for access by using the "Create Account" button above and filling our short application.
By accepting the terms of this agreement, you become a licensee and certify that you have read and agree to be bound by the terms that follow.
Grant of License and Permitted Uses. COLT STUDIO GROUP hereby grants you the non-exclusive, limited right to use the COLT STUDIO GROUP PROPRIETARY MATERIALS (as defined in Section 2 below) solely for one of the following permitted uses:
As part of a written review of a particular COLT STUDIO GROUP release, provided that the written review must consist of a minimum of 100 words
As part of news or interest articles substantially about COLT STUDIO GROUP or its releases
For use on a retail website selling COLT STUDIO GROUP releases or other COLT STUDIO GROUP products
For use on the website of a model appearing in a COLT STUDIO GROUP release, provided that the website is either owned or operated directly by the model or his authorized agent.
Notwithstanding the foregoing, you may use the COLT STUDIO GROUP PROPRIETARY MATERIALS only for the specific purposes in the application you submitted to COLT STUDIO GROUP at the time you received your password.
Access to COLT STUDIO GROUP PROPRIETARY MATERIALS containing 300dpi resolution images is expressly limited and may be granted only upon express written request made to COLT STUDIO GROUP and shall be subject to such other conditions as COLT STUDIO GROUP shall require or establish from time to time.
Materials Covered by This License. The materials covered by this license consist of the graphic files made available to you either via this website or by other methods ("COLT STUDIO GROUP PROPRIETARY MATERIALS").
Prohibited Uses. Any use not specifically allowed for herein is expressly prohibited. In no event may the COLT STUDIO GROUP PROPRIETARY MATERIALS be used for any of the following prohibited uses:
Any use as miscellaneous content
In connection with a review of a COLT STUDIO GROUP release of fewer than 100 words
Use on any pay website, including AVS sites without COLT STUDIO GROUP's prior express written consent
Use in any advertisement without COLT STUDIO GROUP's prior express written consent
Any use relating to or promoting live events, charity fundraisers or special promotions without COLT STUDIO GROUP's prior express written consent
Use by models or performers for personal services, interviews or pay websites
Any use in places of public entertainment or exhibition, including theaters, video arcades, bars, bath houses and the like
Engaging in spamming or other forms of unsolicited commercial emailing, IRC postings, newsgroup postings, instant messaging clients, password selling or trading, cyber squatting or typo squatting. Under no circumstances may you send commercial emails messages in violation of the CAN-SPAM ACT of 2003 or any rules and regulations issued by the FTC pursuant thereto, or any others federal, state or local laws applicable to spamming, including the spamming of sexually oriented materials. Violation may subject you to civil and criminal liability.
You may not copy, project, scan or display the COLT STUDIO GROUP PROPRIETARY MATERIALS except as permitted above. In no event shall you have any rights to edit, cut, crop, change, modify, manipulate, retouch, blur, distort, dub, subtitle, create derivative works from, incorporate or insert other materials into, or in any other way alter any aspect of, all or part of the COLT STUDIO GROUP PROPRIETARY MATERIALS, in any form, media or technology. You may use the COLT STUDIO GROUP PROPRIETARY MATERIALS only in the precise forms provided by COLT STUDIO GROUP.
If you have any doubt as to whether the use of COLT STUDIO GROUP PROPRIETARY MATERIALS is authorized under the terms of this license, you must request written clarification and approval from COLT STUDIO GROUP before use.
No License of Intellectual Property Rights. All intellectual property rights in the COLT STUDIO GROUP PROPRIETARY MATERIALS, or any component thereof, shall remain the sole and exclusive property of COLT STUDIO GROUP. For clarity, no right, title, license, or interest in COLT STUDIO GROUP's intellectual property, including copyrights and trademark rights, is intended to be given to or acquired by you under the terms of this license.
Copyright Notice. COLT STUDIO GROUP PROPRIETARY MATERIALS have been watermarked and labeled with relevant copyright and ownership information. You may not remove or alter this information in any way.
Transfer of License Prohibited. Any rights or interests granted to or transferred herewith are non-assignable by you without the express prior written authorization of COLT STUDIO GROUP. You may not license, transfer, sublicense, give, lend, assign or otherwise dispose of the COLT STUDIO GROUP PROPRIETARY MATERIALS to any other person or entity for any reason whatsoever without the prior express written permission of COLT STUDIO GROUP.
Purchase Information Required. If you use COLT STUDIO GROUP PROPRIETARY MATERIALS for any purpose other than to promote sales of COLT STUDIO GROUP products on a retail site, you agree to display information on how to purchase videos or other products from COLT STUDIO GROUP on every page of your website where COLT STUDIO GROUP PROPRIETARY MATERIALS appear. You agree to display such purchase information as is reasonably acceptable to COLT STUDIO GROUP, including, by way of example, an active/live COLT STUDIO GROUP hyperlink that reads "...to purchase this video contact COLT STUDIO GROUP at COLTstudio.com or BuckshotDVD.com or minutemanDVD.com or COLTDVD.com (depending on the COLT STUDIO GROUP brand being utilized) or at 800-445-2568". Retail sites selling COLT STUDIO GROUP products are not required to include such purchase information.
Compensation for Unlicensed Use. For each use of COLT STUDIO GROUP PROPRIETARY MATERIALS other than those authorized by this license, you agree to pay COLT STUDIO GROUP $2,500 per image and $25,000 per video clip as fair and reasonable compensation. You agree that this payment is intended as liquidated damages (and not as a penalty) in view of the difficulty of assessing actual damages for this breach.
Access to Materials. You will be granted access to materials through a password-protected website. The password assigned to you is confidential and you are strictly prohibited from distributing the password to any other individual, business entity or organization. You will be held liable for any unauthorized use of materials resulting from the improper distribution of your confidential password.
Compliance with Law. You will abide by all applicable federal, state, provincial, county and municipal laws, ordinances, rules and regulations in connection with the use of the COLT STUDIO GROUP PROPRIETARY MATERIALS, including all such laws ordinances, rules and regulations applicable to the exhibition of the COLT STUDIO GROUP PROPRIETARY MATERIALS. You are aware that the COLT STUDIO GROUP PROPRIETARY MATERIALS may be in violation of the obscenity laws of certain jurisdictions, and you assume the liabilities arising from the exhibition of these materials in these jurisdictions, in particular all laws pertaining to the exhibition of pornographic materials. You expressly agree to abide by all laws ordinances, rules and regulations applicable to the sending of unsolicited commercial emails messages or spamming, including, without limitation, the CAN-SPAM ACT of 2003 and all rules and regulations issued by the FTC pursuant thereto.
No Warranties. The COLT STUDIO GROUP PROPRIETARY MATERIALS ARE PROVIDED "AS-IS" AND WITHOUT WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation on Liability. COLT STUDIO GROUP WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OR PROCEEDING FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT OR BASED ON ANY OTHER THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COLT STUDIO GROUPBE LIABLE FOR DAMAGES HEREUNDER IN EXCESS OF THE AMOUNT PAID BY YOU FOR USE OF THE COLT STUDIO GROUP PROPRIETARY MATERIALS OR $100 (WHICHEVER IS LESS).
Termination of License. COLT STUDIO GROUP shall have the right to terminate this license and any rights granted hereunder at any time without cause and without notice. Upon termination, you shall immediately discontinue using the COLT STUDIO GROUP PROPRIETARY MATERIALS and shall return to COLT STUDIO GROUP all such materials in your possession.
Jurisdiction and Law. By accepting the terms of the license, you consent to personal jurisdiction and venue in San Francisco, California. This license shall be governed by and construed in accordance with the laws of the State of California without reference to the conflict of law provisions thereof.