OPERATION OF SITE

Welcome to the Rocky Horror Picture Show Official Fan Site at http://www.RockyHorror.com ("Site") which is operated by the Rocky Horror Picture Show Official Fan Club ("RHPSOFC"). Materials on the Site are primarily owned by RHPSOFC. The Site also includes materials owned by 20th Century Fox and may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and RHPSOFC.

RHPSOFC has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an Agreement between you and RHPSOFC. Please read these Terms of Use carefully. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent using the E-mail form on this Site.

RHPSOFC reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of this Site by any person, please contact the Site Administrator using the E-mail form with your concerns.

ACCESS AND USE

All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior consent of RHPSOFC or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting RHPSOFC using the E-mail form on this Site.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise, unless you have obtained the prior consent of RHPSOFC or unless it is expressly permitted by this Site. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

BULLETIN BOARDS AND CHAT ROOMS

You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively "Messages") to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively "Forums"). However, RHPSOFC accepts no responsibility whatsoever in connection with or arising from such Messages.

RHPSOFC does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by RHPSOFC prior to posting and do not necessarily reflect the opinions or policies of RHPSOFC. RHPSOFC makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, RHPSOFC reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.

RHPSOFC assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time RHPSOFC chooses, in its sole discretion, to monitor the Forums, RHPSOFC nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that RHPSOFC accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.

You agree that you will not submit Messages to Forums that:

* are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
* violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to RHPSOFC that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
* improperly assume or claim the identity, characteristics or qualifications of another person;
* are for purposes of spamming;
* contain any virus or other harmful component;
* are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
* are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.

You agree that any Message whatsoever submitted by you becomes the property of RHPSOFC and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as RHPSOFC sees fit.

You agree to release RHPSOFC and its affiliates together with their respective volunteers from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

UNSOLICITED SUBMISSIONS

If unsolicited submissions are sent to RHPSOFC via this Site, these submissions become the property of RHPSOFC and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as RHPSOFC sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against RHPSOFC or its affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

LINKED SITES AND ADVERTISING

In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or RHPSOFC, including its respective volunteers, unless express consent has been granted to you by RHPSOFC or its affiliates.

If RHPSOFC has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that RHPSOFC is connected with, operates or controls these web sites. RHPSOFC is not responsible for the content or practices of third party web sites that may be linked to this Site.

This Site may also be linked to other web sites operated by companies affiliated or connected with RHPSOFC. When visiting other web sites, however, you should refer to each such web site's individual "Terms of Use" and not rely on this Agreement.

RHPSOFC takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.

DISCLAIMER OF LIABILITY AND WARRANTIES

While RHPSOFC does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that RHPSOFC DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that RHPSOFC and its affiliates together with their respective volunteers, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that RHPSOFC is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that RHPSOFC is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

INDEMNITY

You agree to defend, indemnify and hold harmless RHPSOFC and its affiliates together with their respective volunteers, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

TERMINATION

RHPSOFC reserves the right to immediately terminate your use of, or access to, this Site at any time if RHPSOFC decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that RHPSOFC considers to be inappropriate or unacceptable.

OTHER

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

SWEEPSTAKES AND/OR CONTESTS

Sweepstakes, contests, games and other promotions run on RHPSOFC's web sites may require the visitor to provide some personally identifiable information such as full name, address, e-mail address, and phone number, in order to participate. RHPSOFC may use a reputable third party to manage and administer some or all of its sweepstakes and/or contests. This third party may have access to some or all of the personally identifiable information that is provided by the visitor in order to participate in the sweepstakes and/or contest. In those instances, the third party will be instructed by RHPSOFC to use the personally identifiable information only for the specific sweepstakes and/or contest related purpose for which it was requested. Most often this information is used only to select and contact winners of the sweepstakes and/or contests. Any other use of the personally identifiable information by the third party is strictly prohibited. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate. RHPSOFC requires proof of age in order for an individual to collect any prizes awarded. Individuals may only be a prize winner once in any ninety (90) day period.

MISCELLANEOUS

If any of these terms of use are held to be invalid, illegal or unenforceable, the remaining portions of the terms of use shall continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid, illegal or unenforceable term will be amended and limited to the extent necessary to permit the maximum enforceability and/or validation of such term or provision under applicable law.

COPYRIGHTS / TRADEMARKS

"The Rocky Horror Picture Show," "Shock Treatment," "Twentieth Century Fox," "Fox," and their associated logos are ™ and © Twentieth Century Fox Film Corporation. All Rights Reserved. All materials contained in RHPSOFC's web sites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited.