Safe Harbor Statement
This website includes forward-looking statements intended to qualify for the safe harbor from liability established by the Private Securities Litigation Reform Act of 1995. These forward-looking statements generally can be identified by phrases such as “Takedown,” “we,” “us,” “our” and the “Company” “believes,” “expects,” “anticipates,” “foresees,” “forecasts,” “estimates,” “projects,” “plans,” “intends,” “targets,” and other similar expressions that indicate trends and future events.
Similarly, statements herein that describe our business strategy, outlook, objectives, plans, intentions, goals and any statements of belief also are forward-looking statements. Because such statements deal with future events, they are subject to various risks and uncertainties and actual results for the fiscal year could differ materially from current expectations and assumptions regarding anticipated developments and other factors.
Factors that could cause the Company’s results to differ materially from those expressed in forward-looking statements include, without limitations, variation in demand and acceptance of the Company’s products and services, the frequency, magnitude and timing of cost changes, general business and economic conditions beyond the Company’s control, timing of the completion and integration of acquisitions and investments, the consequences of competitive factors in the marketplace including the ability to attract and retain customers, and the Company’s success in attracting and retaining key personnel.
Any unreleased services or features referenced here or in press releases or public statements are not currently available and may not be delivered on time or at all. Customers who purchase our services should make the purchase decisions based upon features that are currently available.
Additional information concerning factors that could cause actual results to differ materially from those projected is contained in the Company’s filings with The Securities and Exchange Commission, including our most recent Form 10-K and Form 10-Q. The company undertakes no obligation to revise or update forward-looking statements as a result of new information since these statements may no longer be accurate or timely.
The Site located at www.takedownentertainment.com is the property of Takedown Entertainment Inc. By using this site, you agree to these terms; if not, please do not use this site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Takedown Entertainment Inc. and/or its owners, subsidiaries, affiliates and partners, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Takedown Entertainment Inc. purposely made available by Takedown Entertainment Inc. for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Takedown Entertainment Inc. reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Takedown Entertainment Inc. server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Takedown Entertainment Inc., including any Takedown Entertainment Inc. account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Takedown Entertainment Inc. systems or networks, or any systems or networks connected to the Site or to Takedown Entertainment Inc.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Takedown Entertainment Inc. on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Links to Third-Party Websites and Content
The Takedown Entertainment Inc. site contains links to other websites that are not owned or controlled by Takedown Entertainment Inc. (“Third-Party Websites”) as well as photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third-parties (the “Third-Party Content”). Takedown Entertainment Inc. has no control over, and assumes no responsibility for any Third-Party Websites accessed through Takedown Entertainment Inc., or any Third-party Content posted on Takedown Entertainment Inc., including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third-Party Websites or the Third-Party Content. Takedown Entertainment Inc. does not investigate, monitor, edit, or censor any Third-Party Websites or Third-Party Content. Inclusion of or linking to any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by Takedown Entertainment Inc. When clicking on coupon codes or other links to merchants on the Takedown Entertainment Inc. site, you may be sent, via a new Web browser window, directly to the merchant’s site to complete your transaction.
We encourage you to be aware when you leave Takedown Entertainment Inc., and access any Third-Party Websites. If you leave Takedown Entertainment Inc. and access any Third-Party Websites, be mindful that our terms and policies no longer govern, and that you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites that you visit.
TAKEDOWN ENTERTAINMENT INC. DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TAKEDOWN ENTERTAINMENT INC. CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TAKEDOWN ENTERTAINMENT INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TAKEDOWN ENTERTAINMENT INC. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TAKEDOWN ENTERTAINMENT INC. SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TAKEDOWN ENTERTAINMENT INC. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Takedown Entertainment Inc. reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Takedown Entertainment Inc. be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Takedown Entertainment Inc. has been advised of the possibility of such damages.
You agree to indemnify and hold Takedown Entertainment Inc., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, owners, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Takedown Entertainment Inc. by any third party due to or arising out of or in connection with your use of the Site.
Takedown Entertainment Inc. may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Takedown Entertainment Inc. rights or property, or the rights or property of visitors to or users of the Site, including Takedown Entertainment Inc. customers. Takedown Entertainment Inc. reserves the right at all times to disclose any information that Takedown Entertainment Inc. deems necessary to comply with any applicable law, regulation, legal process or governmental request. Takedown Entertainment Inc. also may disclose your information when Takedown Entertainment Inc. determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Takedown Entertainment Inc. may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Void Where Prohibited
Takedown Entertainment Inc. administers and operates the www.takedownentertainment.com Site from its location in Las Vegas, Nevada, USA; other Takedown Entertainment Inc. related sites may be administered and operated from various locations outside the USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada and the United States. Takedown Entertainment Inc. reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada or the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation American export laws and regulations.
Takedown Entertainment Inc. provides access to Takedown Entertainment Inc. international data and, therefore, may contain references or cross references to Takedown Entertainment Inc. products, programs and services that are not announced in your country. Such reference does not imply that Takedown Entertainment Inc. in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Takedown Entertainment Inc. shall be free to use such information on an unrestricted basis.
Why We Collect Personal Information
We collect your personal information because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest product announcements, software updates, special offers, and events that you might like to hear about.
What Information We Collect and How We May Use It
There are a number of situations in which your personal information may help us give you better products. For example:
- When you interact with Takedown Entertainment Inc., we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact preferences.
- We also collect information for market research purposes – such as your occupation and where you use your computer – to gain a better understanding of our customers and thus provide more valuable service.
- We collect information regarding customer activities on our website. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites, products, and Internet services are of most interest to them.
Publicly Displayed Information is Public
If you comment on Takedown Entertainment Inc. you should be aware that any information you share is visible to other users. Personally identifiable information you submit can be read, collected, or used by other individuals to send you unsolicited messages. Takedown Entertainment Inc. is not responsible for the personally identifiable information you choose to submit. For example, if you choose to make information, which was previously non-public, available by enabling certain user features, Takedown Entertainment Inc. will collect that information from your interaction and the information will become publicly available.
When We Disclose Your Information
Takedown Entertainment Inc. takes your privacy very seriously. Takedown Entertainment Inc. does not sell or rent your contact information to other marketers.
Within the Takedown Entertainment Inc. Group
With Our Service Providers, Vendors, and Strategic Partners
There are also times when it may be advantageous for Takedown Entertainment Inc. to make certain personal information about you available to companies that Takedown Entertainment Inc. has a strategic relationship with or that perform work for Takedown Entertainment Inc. to provide products and services to you on our behalf. These companies may help us process information, extend credit, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with Takedown Entertainment Inc.’s policies, except if we inform you otherwise at the time of collection.
At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.
How We Protect Your Personal Information
Takedown Entertainment Inc. takes precautions – including administrative, technical, and physical measures – to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser like Firefox, Chrome or Safari.
Integrity of Your Personal Information
Takedown Entertainment Inc. has safeguards in place to keep your personal information accurate, complete, and up to date for the purposes for which it is used. Naturally, you always have the right to access and correct the personal information you have provided.
Cookies and Other Technologies
Information such as your country and language helps us provide a more useful online shopping experience. If, however, you prefer not to enable cookies, you can disable cookies in your browser. Please note that certain features of the Takedown Entertainment Inc. website will not be available once cookies are disabled.
As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. Takedown Entertainment Inc. will not use the information collected to market directly to that person.
In some of our email messages we use a “click-through URL” linked to content on the Takedown Entertainment Inc. website. When customers click one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.
In addition we use pixel tags – tiny graphic images – to tell us what parts of our website customers have visited or to measure the effectiveness of searches customers perform on our site.
Pixel tags also enable us to send email messages in a format customers can read. And they tell us whether emails have been opened to ensure that we’re sending only messages that are of interest to our customers. We may use this information to reduce or eliminate messages sent to a customer. We store all of this information in a secure database.
Our Company Wide Commitment to Your Privacy
As we said, Takedown Entertainment Inc. takes protecting your privacy very seriously. To make sure your personal information is secure, we communicate these guidelines to Takedown Entertainment Inc. employees and strictly enforce privacy safeguards within the company. In addition, Takedown Entertainment Inc. supports industry initiatives to preserve privacy rights on the Internet and in all aspects of electronic commerce.
Third Party Websites
Takedown Entertainment Inc.’s website has links to the sites of other companies. Takedown Entertainment Inc. is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.
Copyright © 2010 Takedown Entertainment Inc. All rights reserved. Last Updated December 3, 2010