Thank you for visiting the World Wide Web site (the `Site`) of ThunderBall Films (`ThunderBall`). Please read these Terms and Conditions of Use (the `Terms of Use`) carefully before using this Site. These Terms of Use set forth the terms and conditions that govern your use of this Site. Limited use of the Site is offered to you by ThunderBall subject to and conditioned upon your acceptance of these Terms of Use. Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms of Use. Under these Terms of Use only, ThunderBall grants you a license to view and use the interactive features of this Site. If you do not agree with any provision of these Terms of Use please do not use this Site.

SUBSEQUENT REVISIONS TO AGREEMENT

ThunderBall reserves the right, in its sole discretion, to modify, discontinue, alter or otherwise change, in any manner, any aspect of this Site including, without limitation, the Materials (as defined below) and these Terms of Use, at any time without notice to you. Your continued use of the Site constitutes your legally binding acceptance of and agreement to such modifications, alterations and/or additions. Accordingly, ThunderBall recommends that you periodically visit this page to review the current Terms of Use.

OWNERSHIP AND INTELLECTUAL PROPERTY

ThunderBall as Proprietor. ThunderBall is the exclusive owner and proprietor of the Site. The site content and site code as they exist on the Site are offered to you by ThunderBall for limited use pursuant to these Terms of Use. `Site Content` means any and all human readable audio and/or visual elements of this Site, including, without limitation, any text, graphics, images, illustrations, photographs, animation, video/audio or audiovisual works, designs or logos, information and other content made available through the Site.

`Site Code` means any and all underlying elements of this Site, including, without limitation, source code, script, object code, software, computer programs and other sets of statements or instructions contained in or underlying the Site (collectively, the Site Content and Site Code shall be referred to as `Materials`).

Copyright and Trademark. All the Materials on the Site are copyrighted materials, trademarks and/or other proprietary information, which are owned or controlled by ThunderBall and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. ThunderBall Films, LLC, ThunderBall Productions, LLC, the ThunderBall Logo, www.thunderballfilms.com and www.thunderballproductions.com are the exclusive property and registered name belonging to ThunderBall, L.P. and all rights in such are reserved. Any unauthorized use of this content is strictly prohibited. All other trademarks and service marks appearing on the Site are the property of their respective owners and all rights in such trademarks/service marks are also reserved.

You agree not to display, reproduce, distribute, modify, use, encumber, license, publish, sell, transfer or transmit, or in any way exploit, the copyrights and trademarks of this Site without the express written permission of ThunderBall and any other respective copyright and/or trademark owner. Any violation of copyright and trademark laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Copyright Complaints. If you believe that your copyrightable work of authorship has been copied and is being displayed on the Site in such a way that would give rise to a claim for copyright infringement, please follow the procedure regarding Notice and Claims for Copyright Infringement.

Notice of Claim for Copyright Infringement. Notifications of claimed copyright infringement should be sent to ThunderBall, L.P. designated agent, with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the Site, including any information, documentation or web address(es) which would assist ThunderBall in locating that material;
Your address, telephone number and e-mail address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or permissible by law; and

A statement by you under the penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner`s behalf.

AGENT FOR CLAIMS

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ThunderBall, L.P.
65 Pine Avenue, # 250, Long Beach, CA 90802

USE OF THE SITE

License. ThunderBall grants you a non-exclusive, non-transferable, limited license to access, use and view the Site, by way of one computer connected to the Site over the Internet only and in strict conformity with these Terms of Use.

Restrictions on Use. Unless expressly permitted elsewhere in the Site by ThunderBall, the Site, including, but not limited to, the Materials and any portion of the Site, may not be copied, republished, reproduced, uploaded, downloaded, posted, transmitted or distributed in any way, except that you may `cache` pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site in the future.

In addition, but not in limitation, you may not sublicense, alter, adapt, transmit, publish, publicly perform or display, customize, modify, add to, delete from, create derivative works based upon any portion of the Site, link or forward any web address to this Site, copy, counterfeit or paste the Materials to any other website or web page. You may not publicly display any portion of the Site, or any films or other audiovisual or digital works available at this Site, without a written license signed by a party authorized to legally bind ThunderBall to such a contractual arrangement. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Materials from the Site. You agree that links to the Site are only permitted upon express permission from and arrangement with ThunderBall. You acknowledge and agree that modification of the Materials or use of the Materials for any other purpose is a violation of ThunderBall`s and possibly other third parties` copyright and proprietary rights. You agree to use the Materials and this Site only for purposes which are lawful in every nation and jurisdiction in the world and all subdivisions thereof. If you violate any provision of these Terms of Use, your permission to use the Materials automatically terminates and you must immediately destroy any copy you may have of any of the Materials. Any other use or exploitation of this Site, including the Materials, is strictly prohibited.

Non-Commercial/Personal Use Limitation. ThunderBall grants you this license for the limited purpose of personal use and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. You hereby agree not to use the Site, the Materials, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.

Not Intended for Minors. This Site is not intended for persons under the age of eighteen (18) years of age (`Minors`). The Site Content may be confusing or offensive to Minors. Any Minor should seek consent from his/her legal guardian before using this Site and such legal guardian should strictly monitor such Minor`s use of the Site.

Username/Password. ThunderBall may issue you a username and/or password for access to certain portions of, or services provided via the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family or other persons’ access to or use of such username or password. You shall not post the username or password on any website nor transmit it through insecure sites. ThunderBall shall not be responsible whatsoever in the event that your password is misappropriated by a third party.

Rules for Bulletin Boards and Chatrooms. ThunderBall is not responsible for any material posted on any bulletin board, chat room, or other forum included in this Site (`Forums`) nor does ThunderBall endorse any such material, nor represents or guarantees the truthfulness, accuracy or reliability thereof. You shall not upload, transmit, distribute or otherwise publish through such Forums any material that (a) libels, defames, or is obscene, pornographic, indecent, hateful, abusive, embarrassing or threatening; (b) infringes any intellectual property right or privacy or publicity right of any entity or person; (c) reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential; (d) constitutes harassment or stalking; (d) violates any law; (e) or advocates illegal activity. Additionally, even if such content is legal, you agree that none of your posted material will contain information or content that: (u) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (v) constitutes, contains, or encourages `make-money fast` type messages, `chain letters` or `pyramid schemes` of any type; (w) contains false or misleading information; (x) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); (y) interferes with or slows the operation of the Site; or (z) with respect to `chat rooms` or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed. Additionally, you shall not upload, transmit, distribute or otherwise publish software or materials that contain a virus, corrupted files or similar program that may damage the operation of another`s computer or this Site. ThunderBall shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on such Forums for any reason whatsoever.

ThunderBall reserves the right to expel you from or suspend your access to some or all of the Forums for violating the law or these Terms of Use. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Forums and you acknowledge that ThunderBall may not be monitoring the Forums and you are not relying upon ThunderBall to monitor the Forums. ThunderBall takes violations of its customers` rights and its own rights seriously and makes efforts to report any potential criminal violations to appropriate authorities.

License to Your Postings to the Site; Indemnity. By posting any notes, message/billboard postings, ideas, suggestions, concepts or other material to the Forums, or Emailing them to us, you automatically grant to ThunderBall a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in any form, media, or technology, whether now known or hereafter devised and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You represent, warrant and guarantee that (a) you have the full and unrestricted right to grant such rights to your posted material and that there are no other agreements with any third party in conflict herewith; and (b) ThunderBall`s exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called `Moral Rights` or similar rights under any jurisdiction, now or hereafter recognized with respect to ThunderBall`s (or its assignee`s) exercise of its rights hereunder. Moreover, you agree to indemnify and hold ThunderBall harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against ThunderBall, arising out of or relating to ThunderBall`s exercise of such rights to your posted material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms of Use.

Reservation of Rights. Any rights not expressly granted herein are reserved.

LINKS TO THIRD PARTY SITES/THIRD PARTY COMMUNICATIONS

Hyperlinks. This Site may contain hyperlinks or other references to third party Internet sites that ThunderBall does not own or operate. Such hyperlinks are provided for your reference only. ThunderBall makes no warranties or representations regarding the availability of, or the content located on or through such sites. ThunderBall does not endorse, sponsor, or review the content contained at the sites to which hyperlinks on ThunderBall web sites are directed, nor does ThunderBall represent that such sites are appropriate for children, in compliance with laws, or are what they purport to be. Accordingly, ThunderBall does not accept any responsibility or liability for content contained at such sites. Likewise, the parties who own, control, or operate the sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained at this Site.

Third Party Postings. This Site may contain information or advertising for third parties. ThunderBall expressly denies any endorsement, sponsorship, approval or agreement with any third party communication made available via the Site, including messages, information and advertising of its clients or licensors. ThunderBall shall not be deemed to have considered, reviewed, screened, or approved of any such third party communication. However, ThunderBall reserves the right for any reason to remove without notice any communication made available via the Site and to deny in its sole discretion your access or any user access to communications made available via this Site.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.

As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. ThunderBall does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to ThunderBall will not be stolen or otherwise surreptitiously obtained.

ThunderBall is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Materials contained on this Site. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Use, ThunderBall expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be responsible for all charges related thereto.

NEITHER THUNDERBALL, ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, MANAGERS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS (COLLECTIVELY `THUNDERBALL`) NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES THUNDERBALL, ANY PROVIDER OF CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN `AS IS` AND `AS AVAILABLE` BASIS. THUNDERBALL AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE RESTS SOLELY WITH YOU.

NEITHER THUNDERBALL, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE AND ANY OTHER SUBJECT MATTER OF THESE TERMS OF USE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THUNDERBALL`S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THUNDERBALL, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

GENERAL TERMS.

Use in Other Locations. This site is controlled and operated by ThunderBall from its offices in the State of Arizona, United States of America. ThunderBall makes no representation or warranty that the Materials in this Site are legal, appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

Notices. Notices by ThunderBall to you may be given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail, unless otherwise specified in these Terms of Use as follows:

(i) Electronic mail (e-mail) must be sent to corporate@ThunderBall.com.
(ii) Mail and courier deliveries must be sent to:

ThunderBall, L.P.
65 Pine Avenue, # 250, Long Beach, CA 90802

Force Majeure. ThunderBall shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.

Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Governing Law/Forum Selection. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such State. Any action you bring to enforce this Agreement or any matters related to this Site shall be brought in either the State or Federal Courts located in New York County, New York.

Severability. If any provision of these Terms of Use is held invalid, unenforceable or void, in whole or in part, the remainder of these Terms of Use shall not be affected thereby and shall continue in full force and effect.

No Jury Trial. YOU WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING WITH US.

Relationship Between the Parties. Nothing contained in these Terms of Use shall be construed to constitute you and ThunderBall as partners or joint venturers or to constitute employment or any type of agency.

Descriptive Headings. The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.

Electronic Form of Agreement. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Written Agreement. These Terms of Use constitute a written agreement between you and ThunderBall. A printed version of these Terms of Use and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.

Full Integration. These Terms of Use constitute the entire agreement between you and ThunderBall with respect to the subject matter hereof. No prior or contemporaneous written, oral and electronic representation, negotiation, or agreement form a part of this agreement and these Terms of Use supersede all prior written, oral, or electronic agreements between the you and ThunderBall relating to this Site.

PLEASE NOTE THE FOLLOWING REGARDING OUR POLICY CONCERNING ANY UNSOLICITED MATERIALS

ThunderBall Films does not accept any unsolicited submissions without a signed and dated Submission Agreement (see below), unless prior arrangements have been made or it comes directly from an industry agent, manager or entertainment attorney that has contacted ThunderBall representatives initially.

If you send your material with out written consent, you are subject to the submission agreement listed below:

Submission of Material -release and Agreement

By submitting any material to ThunderBall Films with or without our written permission, you hereby agree to the following. Submission mail in address at the end of this agreement. Once we receive the submission agreement, we may contact you, preferably via e mail, to possibly send in your project information or script.

Re: Submission of Material - Release and Agreement

To ThunderBall Films:

I am submitting to you herewith and under the terms and conditions stated herein the following material entitled (herein the `Material`) described as follows:

I request that you read and evaluate the material and consider the same in connection with the possible development of projects in any and all media of communications based upon the Material, and/or consider the same as a sample of my writing skills in connection with your possible employment of me as a writer. In this connection, you and I agree as follows:

1. In consideration of my execution of this Agreement and for other good and valuable consideration, including your reading and considering the material within a reasonable period of time to determine, whether you wish to acquire my rights in the Protected material as defined below, and/or employ me as a writer, I hereby grant to you, upon the terms and conditions as herein set forth, the non-exclusive right, but not the obligation, to use any or all protected material for any and all purposes, in perpetuity. I acknowledge that because of your position in the entertainment industry you receive numerous submissions of ideas, formats, stories, suggestions and the like, and that many such submissions heretofore or hereafter received by you are simi1ar to or identical to those developed by you or your employees or otherwise available to you. I agree that I will not be entitled to any compensation because of the use of any such similar or identical Material which may have been independently created by you or your employees or otherwise available to you. I acknowledge that no fiduciary or confidential relationship exists between you and me, and I further acknowledge that no such relationships are established between you and me by reason of this Agreement or by reason of my submission to you or said Material.

2. I understand and agree that if you do not undertake to consider the Material in confidence, you may submit the Material to such other persons as you may, in your sole discretion, deem desirable in connection with the rights as herein set forth. You have not made any prior inducements, promises, or representations to me regarding the Material. You shall not be under any obligations whatsoever if you do not desire to use the Material.

3. I hereby represent and warrant that: (a) the Material is wholly original with me and was created and is solely owned by me and that no other person or other entity has any right, title or interest therein or thereto; (b) I have the full right and authorization to submit the Materia1 to you upon all of the terms and conditions herein stated; (c) no person except those, if any, also signing below have collaborated with me in creating the Material; (d) I will indemnify you from and against any and all claims, demands, actions, causes of action, damages, expenses, losses or liabilities that may be asserted against you in connection with said material and/ or by reason of any breach or alleged breach of any representation, warranty or agreement made, by me hereunder; and (e) I will not at anytime execute any further agreement or agreements in conflict herewith nor m any way attempt to encumber the rights herein granted or do or cause or permit to be done any act or thing by which the rights herein granted and purported to be granted may in any way be impaired.

4. As used herein in this Agreement, `Protected Material` means any part of the Material which is protected as literary property under applicable law. You may use without obligation to me any material which is not Protected Material. I hereby grant to you a non-exclusive right to use any or all Protected Material for any and all purposes. If you use any of the Protected Material, then you shall notify me thereof and you shall pay to me the reasonable value of such non-exclusive right to such use of such material and I agree to accept such sum as payment in full for such use. The `Reasonable Value` as used herein shall be determined as of the date of this submission and shall be an amount comparable to the compensation normally paid for similar material or an amount equal to the fair market value.

5. Although I have retained a copy of the Material, you agree that you shall have an obligation to return to me within a reasonable time the copy submitted to you. I agree that you shall not be liable in the even of loss or damage thereto.

6. You may assign your rights under this Agreement to any person, firm or corporation. The word `you` or `your` in this Agreement refers to you. any parent company any company affiliated with you by common stock ownership or otherwise, your subsidiaries, subsidiaries of such affiliates, any person, firm or corporation for which you act as a producer or furnish writing or production services, and the officers, agents, employees, stockholders, licensees, successors and assigns of you and all such persons, firms and corporations referred to in this paragraph. If the Material is submitted by more than one person, the word `I` shall be deemed changed to `we” (and the corresponding verbs changed to the first person plural), and this Agreement will be binding jointly and severally upon all such persons.

7. Any provision or part of any provision which is void or unenforceable shall be deemed omitted, and this Agreement with such provision or part thereof omitted shall remain in full force and effect.

This Agreement shall at all times be construed so as to carry out the purpose as stated herein. This Agreement shall be construed in accordance with the laws of the State of California applicable to agreements executed and wholly to be performed therein. Nothing herein shall be deemed to conflict with applicable law and collective bargaining agreements, contrary to which the parties have no legal right to contract.

However, in the event of any conflict, applicable law and collective bargaining agreements shall be deemed to prevail over the applicable provisions of this Agreement, and the applicable provisions of this Agreement shall be deemed modified, but only to the extent necessary to bring them into compliance with the applicable requirements. a waiver of any breach of this Agreement shall not constitute a waiver of any subsequent breach.

This Agreement may not be changed, modified, terminated or discharged except in writing signal by both you and me.

I HEREBY STATE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT; THAT NO ORAL REPRESENTATION OF ANY KIND HAVE BEEN MADE TO ME; THAT THERE ARE NO PRIOR OR CONTEMPORANEOUS ORAL AGREEMENTS IN EFFECT BETWEEN US PERTAINING TO SAID MATERIAL; AND THAT THIS AGREEMENT STATES OUR ENTIRE UNDERSTANDING.

ACCEPTED AND AGREED TO:

X___________________________

(Signature)
____________________________ Project or Title ____________________
(Name)
_______________________________________________________
(Address)
______________________________________ ____________
(City/ State / Zip )

Phone ____________________ Phone #2 _________________

E mail _______________________ Web site ______________________________


Mail Submission to:

ThunderBall Films, LLC
65 Pine Avenue, #250
Long Beach, CA 90802

© 2007 - 2012 ThunderBall, L.P.