Terms and Conditions

LEGAL

1. Proprietary Rights Restrictions

All material on our websites (each the “Site”), including, without limitation, all informational text, photographs, graphics, audio, video, messages, files, documents, images, or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, is owned by Rush Creek Studios, Inc. or its respective affiliates (collectively “Rush Creek Studios,” “we,” or “us” ) or other parties that have permitted us to use their material and is protected by copyright, trademark, and other intellectual property laws. We disclaim any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than our own. Trademarks, logos, images, and service marks displayed on the Site are either our property or the property of other third parties. You agree not to display or use such marks without our or the respective owner’s prior written permission.

The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without proper authorization. Any modification of the Materials, use of the Materials on any website or networked computer environment, or use of the Materials for any unauthorized purpose is expressly prohibited. Additionally, the use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.

The Materials on the Site are provided for lawful purposes only. Any third-party software made available for downloading, copying, or use through the Site is proprietary to the individual or entity making such software available. Unless otherwise noted, neither the title nor the intellectual property rights of the software, including all files and images contained in or generated by the software, are transferred to you. Downloading, copying, or other use of such software is subject to the terms and conditions of the software licensing agreement relating to such software.

2. Links to Other Websites

If any link is offered connecting you to a third-party website, it is as an accommodation to you or the respective third-party website owner. Websites linked to or from the Site are not necessarily under our control, and we shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked website or any link or linking program at any time. The privacy policies and terms and conditions of linked websites may differ from ours. We do not necessarily endorse companies (or related products or services) to or from which the Site is linked. Also, the existence of a link does not constitute a relationship between us and the owner of the linked website. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk.

3. User Content

We may monitor or review discussions, chats, postings, blogs, and other user-created content on the Site. We do not assume liability or responsibility for such content nor any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained within. You are prohibited from transmitting or posting unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, infringe upon the intellectual property or other rights of third parties, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law-enforcement authorities or court order requesting or directing the disclosure of the identity of anyone posting such material.

4. Unsolicited Ideas

Please note that our policy is not to accept or consider unsolicited creative, production-related, or other materials of any kind. We develop the concepts and ideas for use in advertising, promotion, and public relations to promote the products and services of our clients. We will not consider suggestions or ideas submitted to us without solicitation because of the potential misunderstandings that may result. If, despite this statement, you choose to submit unsolicited creative, production-related, or other materials of any kind, please be advised that all such remarks, suggestions, ideas, graphics, or other information communicated to us through the Site (together, “Submission”) will be subject to the following terms: We will not be required to treat any Submission as confidential and will not be liable for using any ideas for our business (including, without limitation, product or advertising ideas for our clients) and will not incur any liability as a result of any similarities that may appear in our future operations or work and the use of any Submission for any purpose will be without compensation to you or any other person sending the Submission.

5. Governing Laws

The laws of the State of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern these Terms and Conditions. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Site must be instituted within two (2) years from the date on which such claim or cause arose or was accrued. Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in Dallas County, Texas, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You agree to waive any objection that the state or federal courts of Dallas County, Texas, are an inconvenient forum.

6. Disclaimer of Warranties

THE SITE AND THE CONTENTS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

WE ARE NOT RESPONSIBLE FOR DAMAGE OR LOSS CAUSED BY ERRORS OF THE SITE, CONTENT ON THE SITE, OR THE INTERNET. ADDITIONALLY, THE SITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND OUR CONTROL.

7. Additional Terms

We are not liable for any viruses or damages that may infect your computer software, hardware, or other equipment due to your usage of the Site or downloading of any material (text, images, video, audio, etc.) from the Site.

We may suspend your access to the Site for any reason. Suspension and/or termination of your usage does not affect these Terms and Conditions.

These Terms and Conditions may be modified at any time. Your continued usage of the Site after such changes have been made constitutes acceptance of the changes. You should review these Terms and Conditions periodically to note any updates and/or changes.

If you have questions or comments about our Terms and Conditions, you can contact us at 214-814-0508.