Western Star Entertainment LLC
www.ThePlayChannel.com
WEBSITE TERMS OF USE

Thank you for visiting www.ThePlayChannel.com! Please read these Terms of Use carefully before accessing or using this website (the "Site").

ACCEPTANCE OF TERMS

By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that Western Star Entertainment LLC ("WSE") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, please do not access or use this Site. WSE may change these Terms of Use and other content, guidelines, and rules posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

All content on this Site (collectively the "Content"), as well as the selection and arrangement of the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties (collectively, "Intellectual Property Laws"). Any unauthorized use of any Content may violate such laws and the Terms of Use. Except as expressly provided by the appropriate end-user licenses, WSE does not grant any express or implied permission to use any Content. You agree not to copy, republish, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, license, sublicense or reverse engineer the Site or any or the Content. In addition, you agree not to use any robots or similar automatic archival methods to retrieve downloadable products from the Site.

For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by WSE. Nothing contained herein grants or shall be construed to grant you any rights to use any WSE Trademark, unless expressly conferred by these Terms of Use. You agree that you will not use WSE's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or WSE. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of WSE Trademarks or the rights claimed by WSE.

You agree that you will not use any WSE Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain. The look and feel of the WSE website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of WSE and may not be copied, imitated or used, in whole or in part, without the prior written consent of WSE.

All other trademarks, product names, and company names or logos used or appearing on the WSE website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by WSE, unless expressly so stated.

You agree that you shall not (a) engage in any conduct that shall constitute a violation of any law or that infringes the rights of WSE or any third party, (b) violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use, and (c) remove any watermarks or copyright notices contained in the Content.

LINKS TO THIRD PARTY SITES

In the event that WSE provides links from its website to any third-party website or permits any third party to link from its website to the WSE website, you should be aware that WSE makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of WSE, and WSE provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by WSE.

PERSONAL INFORMATION AND PRIVACY

WSE may use personal information in accordance with the WSE Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

RESTRICTION AND TERMINATION OF USE

WSE may block, restrict, disable, suspend or terminate your access to all or part of the Site and Content at any time in WSE's discretion without prior notice or liability to you. WSE reserves the right to revoke this license at any time for any reason.

DMCA NOTICES

If you believe that any material made available by WSE infringes upon any copyright that you own or control, you may notify WSE's registered agent in the manner set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

WARRANTIES AND DISCLAIMERS

THE SITE, SERVICES AND CONTENTS, ARE PROVIDED BY WSE UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WSE MAKES NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED; (iii) THE QUALITY OF THE SITE OR ITS CONTENT WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless WSE, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the WSE website, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein.

GOVERNING LAW AND JURISDICTION

This agreement is governed by and shall be construed in accordance with the laws of the State of Oregon. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State of Oregon and not elsewhere.

This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.