TERMS OF USE
THIS WEBSITE IS A MARKETING CAMPAIGN FOR THE FICTIONAL AUDIO-DRAMA PODCAST “THE METAL DETECTIVE” PRODUCED AN DISTRIBUTED BY VELOCITY STUDIOS.
Updated: April 4, 2023
Thank you for visiting this website. Please carefully read these Terms of Use (“Terms of Use”) and our Privacy Policy, which is incorporated into these Terms of Use by this reference. These Terms of Use apply to the website at HotelBradbury.com (which may be redirected from TheHotelBradbury.com and other websites) (the “Site”).
This Site is the wholly-owned property of Velocity Studios, Inc. (herein referred to as “Velocity Studios”). “Bradbury Hotel” is copyrighted by, a trade name of, Velocity Studios. By using the Site, you agree to these Terms of Use, our Privacy Policy and all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT BROWSE, VISIT, CONSUME THE CONTENT OF, AND/OR USE THE SITE.
The Site is not intended for the use of children under 18. By using the Site, you are representing that you are at least 18 years old and of legal age to enter into legal agreements.
Velocity Studios reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes indicates your agreement to and acceptance of the changes.
Privacy and Data Security
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Site may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. Please do not send us any sensitive personal information.
Content
Unless otherwise noted, 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 in the Site is owned, controlled or licensed by or to Velocity Studios and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
The characters and incidents portrayed and the names herein are fictitious, and any similarity to the name, character, or history of any actual persons living or dead is entirely coincidental and unintentional. No assumption should be made that any of the persons, companies, or products mentioned have endorsed the Site or any associated audio-drama and/or other media production(s).
User Submissions, Feedback and Information
You acknowledge and agree that any submission, feedback, comments, photos, videos or suggestions you may provide regarding the Site either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms of Use. Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of Velocity Studios and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and Velocity Studios shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses. With respect to all other Submissions, you hereby grant Velocity Studios an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms of Use.
Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by Velocity Studios. You consent, for yourself and on behalf of any other person or child whose information or likeness you submit to Velocity Studios to the use by Velocity Studios of the information and that it is submitted in compliance with all applicable laws. You are responsible for any Submission you provide and for any consequences arising therefrom.
Your Use of the Site
In connection with your use of the Site, you agree that you will not:
post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use the Site to transmit, distribute, post or submit any information concerning any other person or entity;
violate any local, state, provincial, national, or other law or regulation, or any order of a court;
“scrape,” “crawl” or “spider” any web pages or other services contained in the Site;
display, mirror or frame the Site, or any individual element within the Site, Velocity Studios and the Bradbury Hotel name, any trademark, logo or other proprietary information of Velocity Studios or the layout and design of any page or form contained on a page, without Velocity Studios’ express written consent;
access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of Velocity Studios’ providers;
attempt to probe, scan, or test the vulnerability of any Velocity Studios system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Velocity Studios or any of Velocity Studios’ providers or any other third party (including another user) to protect the Site or any of the content on the Site;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Any conduct by a User that in our discretion restricts or inhibits any other user from using or enjoying the Site is expressly prohibited.
Velocity Studios reserves the right, 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.
Copyright Policy
We do not permit copyright infringing activities and infringement of intellectual property rights on the Site and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
description of the copyrighted work that you claim has been infringed;
description of the material that you claim is infringing and where it is located on the Site;
identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
your address, telephone number, and email address;
statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at hello@velocity-studios.com. Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.
Links to Other Sites
The Site contains links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Certain Linked Sites are not under Velocity Studios’ control, and Velocity Studios is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
Disclaimer; Limitation of Liability
THE SITE AND ALL SERVICES, ITEMS AND CONTENT OFFERED THROUGH THE SITE ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
EXCEPT WHERE PROHIBITED BY LAW OR AS MAY BE OTHERWISE AGREED IN A SEPARATE AGREEMENT WITH VELOCITY STUDIOS: IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL VELOCITY STUDIOS OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF VELOCITY STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
Indemnity
You agree to indemnify and hold Velocity Studios harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against you by any third party due to or arising out of or in connection with (1) your access to or use of the Site and the services and items offered through the Site; (2) your violation of these Terms of Use or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.
Violation of These Terms of Use
Velocity Studios 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) Velocity Studios’ rights or property, or the rights or property of visitors to or users of the Site. Velocity Studios reserves the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. Velocity Studios also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Velocity Studios may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will cause irreparable harm to Velocity Studios for which monetary damages would be inadequate, and you consent to Velocity Studios obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Velocity Studios may have at law or in equity.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site and our products and services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.
You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms of Use and the use of the Site and our products and services (collectively, “Disputes”), shall be exclusively brought in the courts located in the County of Los Angeles, State of California. The parties will not raise in connection therewith, and hereby waive, any defenses based upon venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action, suit or proceeding brought in the State of California.
A Dispute cannot be brought as a class or other type of representative action or on behalf of any other individual or group of individuals.
Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.
Users Outside of the United States
Velocity Studios and the Site are operated in the United States. 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 the United States. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may preserve these Terms of Use in written form by printing it for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document. 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 United States export laws and regulations.
All provisions of these Terms of Use are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms of Use, together with our Privacy Policy and any other legal notices published by Velocity Studios constitute the entire agreement between you and Velocity Studios with regard to your use of the Site and our products and services. Our failure to insist on or enforce strict performance of these Terms of Use shall not be deemed a waiver by us of any provision or any right we have to enforce these Terms of Use. Any such waiver must be in writing in order to be effective. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Canada
The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Questions and Contact Information:
Electronic Message via the Velocity Studios website Contact Us page.