Welcome to UpTheAntics.com. The following are terms of a legal agreement between you and FILTER Creative Group. ("FILTER", "we", "us", or "our"). By accessing, browsing, using and/or submitting to the UpTheAntics/ANTICS microsite ("ANTICS"), you acknowledge that you have read, understood, and agree, to be bound by these terms and any amendments thereto (the "Terms and Conditions") and the terms of our Privacy Policy (hyperlink) which is incorporated by reference into these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree to these Terms and Conditions, do not use the ANTICS Site. The material provided on the ANTICS Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. The ANTICS Site is controlled and operated by Filter Creative Group from its offices within the United States.
Filter Creative Group makes no representation that materials available on the ANTICS Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the ANTICS Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. NOTE THAT THESE TERMS AND CONDITIONS ONLY APPLY TO THE USE OF THIS ANTICS SITE, AND OTHER WEBSITES PROVIDED BY FILTER, HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES.
Please return to the ANTICS Site and review these Terms and Conditions from time to time, as they may be amended without notice. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on the ANTICS Site. Please note that your use of certain materials and features of the ANTICS Site may be subject to additional terms and conditions. By using these materials and features, you also agree to be bound by such additional terms and conditions.
Proprietary Rights and License
All materials on the ANTICS Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the ANTICS Site (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us.
You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the ANTICS Site or any part of the Content for any purpose other than its intended purposes is strictly prohibited.
Registration for Certain Features
In order to use certain features of the ANTICS Site, you may be required to install or use equipment and software. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the operation of the ANTICS Site. Any equipment or software causing interference shall be immediately disconnected and we shall have the right to immediately terminate your right to use and access the ANTICS Site. If any upgrade in or to the ANTICS Site or any feature requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augments or enhances the current ANTICS Site, including the release of new products and services, shall be subject to these Terms and Conditions.
If you opt to register for a particular feature of the ANTICS Site, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the ANTICS Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and the ANTICS Site by email, text messaging or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the ANTICS Site.
We may provide you with access to some features of the ANTICS Site without you registering as a user and in each such case your identification is based on means of identification that we deem appropriate.
Products, Services and Advertising ANTICS Site and Linked Sites
The ANTICS Site may contain advertising and information about products, services, events and/or programs, and links to other web sites that are not controlled or maintained by us. You agree that we will not be responsible for the content, advertising, privacy policies, products, services, events, programs or other materials on the ANTICS Site or available from such linked web sites. Use of any products and services advertised or promoted on the ANTICS Site and the web sites linked to the ANTICS Site is at your own risk. We encourage you to note when you leave the ANTICS Site and to read the terms of use of such other web sites.
Music Downloads
Music Downloads provided on the ANTICS Site are provided solely for your personal non-commercial use and should not be used by you for any other purpose. All rights to the Music Downloads are reserved by the applicable rights holders. If you exploit or otherwise make use of any Music Download for any purpose other than for your own personal non-commercial use, you are in violation of criminal and civil laws and we reserve the right to prosecute and seek damages from you to the fullest extent of the law. You acknowledge and agree that the Music Downloads made available as part of the ANTICS Site are protected by intellectual property laws. You further acknowledge and agree that you will not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, or create derivative works of or otherwise use or make available any Music Download other than as specifically permitted above.
Referral Programs; Forward to a Friend Opportunities
We may offer from time to time referral programs that permit you to submit information about other persons (each, a "Referred Person"), including, without limitation, email addresses, wireless telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the ANTICS Site and its features. We will use and store any such information that we collect from you about a Referred Person only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Referred Person consents to the use for such other purpose. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information.
We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the 50 United States or the District of Columbia, who is of legal age of majority in their jurisdiction of residence (and at least 18 years of age, or such other age designated on the sign-up page) and be able to register for the features offered on the ANTICS Site and otherwise use the ANTICS Site. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the ANTICS Site or its features. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he or she appears to be on any of our "do not contact" or "do not e-mail" lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these Terms and Conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, the ANTICS Site, any service or feature, or any third party for any reason. We specifically disclaim any liability for exercising such right.
We may, at our discretion, send you a confirmation using any means available through the ANTICS Site, including email, text and other forms of messaging, to inform you that the Referred Person has registered for the ANTICS Site or a particular feature. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges for messages to your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to deny you further access to the ANTICS Site. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to additional terms and conditions which shall be posted at the time such programs become available and shall be deemed incorporated into, and subject to, these Terms and Conditions. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.
If you are using the ANTICS Site to communicate to a Referred Person (or any third party), you agree not to use the ANTICS Site to harm the Referred Person or any other third party, and/or use the ANTICS Site in violation of any applicable laws, rules or regulations or these Terms and Conditions.
SMS Terms and Conditions
Your "opt in" to ANTICS text-message alerts (the "Program") will constitute your agreement to comply with these terms and conditions.</b> If you cannot agree with these terms and conditions, do not use the Program.
We may modify these terms and conditions from time to time; the date of the most recent revisions will appear on this web page. Continued access to the Program by you will constitute your acceptance of any changes or revisions to these terms and conditions.
Your failure to follow these terms and conditions may result in suspension or termination of your access to the Program, without notice, in addition to our other remedies.
We also reserve the right to discontinue the Program, or change the content or formatting of the Program, at any time without notice to you, and to require the immediate cessation of any specific use of the Program.
You agree that the cell phone number you enter in the Program is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.
Your carrier's standard messaging rates apply to all mobile text messages sent from our website to your cell phone. All charges are billed by and payable by you to your mobile service provider.
It is necessary for you to have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Program available. You will provide all equipment and software necessary to connect to the Program, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Program.
You agree not to modify the format or branding of the content provided in the Program ("Content"), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by FILTER Creative Group, our affiliates or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or the Program except as expressly provided for in this Terms and Conditions.
The Program is provided "as is" and we shall not be held liable for your use of the Content, or the information or material contained therein. We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE PROGRAM, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Sweepstakes, Contests, Games, Promotional Offers
Any sweepstakes, contests, games and/or promotional offers accessible on the ANTICS Site are governed by specific rules and/or terms and conditions (which are hereby incorporated into these Terms and Conditions by reference). By entering such sweepstakes or contests or participating in such games or promotional offers, you will become subject to those rules. We urge you to read the applicable rules and/or or terms and conditions, which are linked from the particular activity.
Privacy
We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of the ANTICS Site is subject to our "Privacy Policy� (hyperlink).
Infringement and Regulatory Complaints
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using the ANTICS Site in violation of any applicable federal, state, or local laws.
We respect the intellectual property of others. If you believe that your work has been copied in any way without your permission (including as part of a User Submission), please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:
An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
A description of the work you claim has been infringed;
Identification of the work you claim infringes the copyrighted work and a description of where it is located on the ANTICS Site;
Your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Alan Sartirana
Filter Creative Group
5908 Barton Ave
Los Angeles, CA 90038
THE ANTICS SITE AND ALL CONTENT, PRODUCTS, SERVICES AND OFFERS INCLUDED ON OR AVAILABLE THROUGH THE ANTICS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE ANTICS SITE AND ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE ANTICS SITE IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY: (I) THAT USE OF THE ANTICS SITE OR ANY CONTENT OR SERVICES ON OR FROM THE ANTICS SITE (INCLUDING ANY USER SUBMISSIONS) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT THE ANTICS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON THE ANTICS SITE WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH THE ANTICS SITE, CONTENT AND SERVICES ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
To the maximum extent allowed by law, neither we (which for the purpose of this paragraph shall include all RELEASED PARTIES AS DEFINED IN THE PARAGRAPH ENTITLED "RELEASE OF LIABILITY" BELOW) nor any other party involved in creating, producing, or delivering the ANTICS site, will be liable for any direct, indirect, incidental, consequential, SPECIAL or punitive damages (including, without limitation, lost profits, cost of procuring substitute service, or lost opportunity), however caused, arising out of your access to, use of, or reliance on any material or content provided on the ANTICS site, even if we have been advised of the possibility of such damages. Without limiting the foregoing, we assume no responsibility, and will not be liable, for any damages relating to or caused by any viruses which may affect your computer equipment or other property on account of your access to or use of the ANTICS site. We cannot and do not guarantee continuous, uninterrupted, or secure access to the ANTICS site.
Release of Liability:
You agree to release, discharge, and hold harmless the FILTER entities,Toyota Motor Sales, USA, Inc., their respective distributors, dealers, dealer associations, advertising and promotions agencies, and each of their respective officers, directors, employees, representatives, contractors and agents (collectively, the "<b>Released Parties</b>") from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages, or losses to any person (including death) or property of any kind resulting in whole or part, directly or indirectly, from your participation in the ANTICS Site or otherwise accessing the ANTICS Site, including, without limitation, your breach of these Terms and Conditions or the use by us or our designees of any rights granted by you.
YOU SPECIFICALLY ACKNOWLEDGE THAT FILTER Creative Group / FILTER MMM, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnification
You agree to defend, indemnify and hold Released Parties harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorney's fees) arising from your breach of any warranties, representations and agreements set forth in these Terms and Conditions, including, without limitation, your unauthorized use of any Content (including the User Submissions).
Disputes
You agree that (a) any and all disputes, claims, and causes of action arising out of, or connected with, the ANTICS Site (including without limitation, any alleged violation of these Terms and Conditions, any controversy relating to the arbitrability of any dispute, or any claim that these Terms and Conditions (or any part thereof) are invalid, illegal, or otherwise voidable (or void)) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Los Angeles, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your participation in the ANTICS Site or otherwise accessing the ANTICS Site, but in no event attorney's fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of the ANTICS Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the ANTICS Site or any content or other material used or displayed on the ANTICS Site.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, your rights and obligations, or our rights and obligations in connection with the ANTICS Site, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
General
You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding this ANTICS Site supercedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these terms and conditions. Any failure by us to enforce any of our rights under these Terms and Conditions or applicable laws shall not constitute a waiver of such right. If any provision of these Terms and Conditions is found to be invalid, you and we shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms and Conditions shall retain their full force and effect.
You agree to follow and comply with any applicable laws in your use of the ANTICS Site.
I ACCEPT THE TERMS AND CONDITIONS
copyright FILTER Creative Group / FILTER MMM, LLC, 2008. All rights reserved.