Copyright and Intellectual Property Policy

STICKMAN Entertainment, Inc. (“STICKMAN”) respects the intellectual property of others, and expects you to do the same.  The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works hosted on the service provider’s network. Upon receipt of a properly filed complaint that satisfies DMCA requirements, STICKMAN will remove or block access to the allegedly infringing material. If a customer or user of STICKMAN’s services believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter notice to STICKMAN.  STICKMAN will not be a party to disputes over alleged copyright infringement. 

This information should not be construed as legal advice to our customers or visitors. If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek legal counsel. We provide this information to you for informational purposes only.

It is STICKMAN’s policy, in appropriate circumstances and at its discretion,  to (1) block access to or remove material that we believe in good faith to be copyrighted or otherwise protected material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, or users; (2) notify the content provider, member, or user that we have removed or disabled access to the material; and (3) remove and discontinue service to those who may infringe or repeatedly infringe on the copyrights or intellectual property rights of STICKMAN and/or others.

Notification of Claimed Copyright Infringement

If you believe that material or content residing on or accessible through the STICKMAN website or any of STICKMAN’s services violates your rights under U.S. copyright law, or your other intellectual property rights, you may file a copyright infringement complaint with STICKMAN’s designated agent in the manner described below.

By Mail:

            STICKMAN Entertainment, Inc.
            468 North Camden Drive, 2nd Floor
            Beverly Hills, CA 90210

By Email:

             support [at] tractionradio.com

By Fax:

            (310) 494-0346

For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

            1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

            2. Identification of the copyrighted work claimed to have been infringed.

            3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit STICKMAN to locate the material.

            4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.

            5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.

            6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

            For more details on the information required for valid notification, see 17 U.S.C. §512(c) (3). You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.

Counter Notification to Claimed Copyright Infringement

            If a notice of copyright infringement has been filed against you, you may file a counter notification with STICKMAN’s designated agent at the address listed above. Such counter notification must contain the following information:

            1. Physical or electronic signature.

            2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

            3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

            4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.

            If STICKMAN receives a valid counter notification, the DMCA provides specific guidelines by which the removed material may be restored or access re-enabled. Please be advised that U.S. copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement.

Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE STICKMAN WEBSITE OR ITS SERVICES.  BY USING THE STICKMAN WEBSITE OR ITS SERVICES, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE STICKMAN WEBSITE OR ITS SERVICES.  STICKMAN’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.  IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY STICKMAN, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

The Web pages available at www.TRACTIONRADIO.com (“Site”) are owned and operated by STICKMAN Entertainment, Inc. (“STICKMAN”), and are accessed by you (“Subscriber”) under the following terms and conditions:

1.         ACCESS TO THE SERVICES.  Subject to the terms and conditions of this Agreement, STICKMAN may offer to provide certain services, as described more fully on the Site, and which are selected by Subscriber through the process provided on the Site (“Services”), solely for Subscriber’s own use, and not for the use or benefit of any third party.  Services shall include, but not be limited to, any services STICKMAN performs for Subscriber, as well as the offering of any content on the Site.  STICKMAN may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content.  STICKMAN may also impose limits on certain features and services or restrict Subscriber’s access to parts or all of the Services without notice or liability.  STICKMAN reserves the right, at its sole discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending Subscriber a notice via email or postal mail.  Subscriber shall be responsible for reviewing and becoming familiar with any such modifications.  Use of the Services or the Site by Subscriber following such notification constitutes Subscriber’s acceptance of the terms and conditions of this Agreement as modified.

Subscriber certifies to STICKMAN that if Subscriber is an individual (i.e., not a corporation), Subscriber is at least 13 years of age.  Subscriber also certifies that Subscriber is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site.  This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service.  Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services. 

2.         SITE CONTENT.  The Site and its contents are intended solely for the use of STICKMAN subscribers and may only be used in accordance with the terms of this Agreement.  All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright.  Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.  Subscriber may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

Images of people or places displayed on the Site are either the property of, or used with permission by, STICKMAN.  The use of these images by Subscriber, or anyone else authorized by Subscriber, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on the Site.  Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of STICKMAN and others.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of STICKMAN or such third party that may own the Trademarks displayed on the Site other than as set forth in this Agreement.  Subscriber’s misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited.  Subscriber is also advised that STICKMAN will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Subscriber may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that Subscriber maintains all copyright and other notices contained in such Content.  Subscriber shall not store any significant portion of any Content in any form.  Copying or storing any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from STICKMAN, or from the copyright holder identified in such Content’s copyright notice.  STICKMAN neither warrants nor represents that Subscriber’s use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with STICKMAN.

While STICKMAN is always happy to hear from its subscribers, it is STICKMAN’s policy not to accept or consider creative materials, ideas, or suggestions other than those STICKMAN specifically requests.  This is to avoid any misunderstandings if Subscriber’s ideas are similar to those STICKMAN has developed independently.  Therefore, Subscriber should not send to STICKMAN any original creative materials such as audio clips, screenplays, stories, original artwork, etc.  Any communication or material Subscriber does transmit to the Site by email or otherwise will be treated as non-confidential and non-proprietary.  Anything Subscriber transmits or posts may be used by STICKMAN or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.  Furthermore, STICKMAN is free to use any ideas, concepts, know-how, or techniques contained in any communication Subscriber sends to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Subscriber acknowledges and agrees that if Subscriber uses any of the Services to contribute Content to the Site, STICKMAN is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so.  To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “Moral Rights.”  To the extent Subscriber retains any such Moral Rights under applicable law, Subscriber hereby ratifies and consents to any action that may be taken with respect to such Moral Rights by STICKMAN and agrees not to assert any Moral Rights with respect thereto.  Subscriber warrants, represents and agrees that Subscriber will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, unlawful, threatening, scandalous, inflammatory, profane, abusive, offensive, or otherwise violates any law or right of any third party, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  STICKMAN reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if STICKMAN is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.  STICKMAN will fully cooperate with any law enforcement authorities or court order requesting or directing STICKMAN to disclose the identity of anyone posting any such information or materials.

Although STICKMAN may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and other communications on the Site and delete any material STICKMAN deems inappropriate, STICKMAN is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.

3.         RESTRICTIONS.  Subscriber is responsible for all of Subscriber’s activity in connection with the Services and accessing the Site.  Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Subscriber’s right to Services or to access the Site.  Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any STICKMAN user.

Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.  Subscriber will not run Maillist, Listserv, any form of auto-responder, or “SPAM” on the Site, or any processes that run or are activated while the Subscriber is not logged on.

4.         WARRANTY DISCLAIMER.  STICKMAN has no special relationship with or fiduciary duty to Subscriber.  Subscriber acknowledges that STICKMAN has no control over, and no duty to take any action regarding:  which users gain access to the Site; what Content Subscriber accesses via the Site; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content.  Subscriber releases STICKMAN from all liability for Subscriber having acquired or not acquired Content through the Site.  The Site may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate.  STICKMAN makes no representations concerning any content contained in or accessed through the Site, and STICKMAN will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.  THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.

STICKMAN has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site.  Subscriber’s linking to any other off-site pages or other sites is at Subscriber’s own risk.

Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2712):  STICKMAN MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE.  STICKMAN will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on STICKMAN’s equipment, transmitted over networks accessed by the Site, or otherwise connected with Subscriber’s use of the Services.

5.         REGISTRATION AND SECURITY.  As a condition to using Services, Subscriber may be required to register with STICKMAN and select a password and Subscriber name (“User ID”).  Subscriber shall provide STICKMAN with accurate, complete, and updated registration information.  Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber’s account.  Subscriber may not:  (a) select or use as a User ID a name of another person with the intent to impersonate that person; or (b) use as a User ID a name subject to any rights of a person other than Subscriber without appropriate authorization.  STICKMAN reserves the right to refuse registration of, or cancel, a User ID in its sole discretion.  Subscriber shall be responsible for maintaining the confidentiality of Subscriber’s STICKMAN password. 

6.         INDEMNITY.  Subscriber will indemnify, hold harmless, and at STICKMAN’s request, defend STICKMAN, its parents, subsidiaries, licensors, suppliers, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and reasonable attorneys’ fees, of every kind and nature made by any third party due to or arising out of Subscriber’s access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber’s account, of any intellectual property or other right of any person or entity.  STICKMAN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber, and in such case, Subscriber agrees to cooperate with STICKMAN’s defense of such claim.

7.         LIMITATION OF LIABILITY.  IN NO EVENT SHALL STICKMAN BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES:  (a) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY SUBSCRIBER THEREFOR; OR (b) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.  IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON STICKMAN, THEN STICKMAN AGREES THAT STICKMAN’S AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF STICKMAN IN SHALL NEVER EXCEED ONE HUNDRED U.S. DOLLARS AND NO CENTS ($100.00.).

8.         FEES AND PAYMENT.  Some of the Services require payment of fees.  Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber.  STICKMAN reserves the right to change its prices and to institute new charges at any time, upon ten (10) days prior notice to Subscriber, which may be sent by email or posted on the Site.  Use of the Services by Subscriber following such notification constitutes Subscriber’s acceptance of any new or increased charges.

9.         TERMINATION.  STICKMAN may terminate the Services at any time by notifying Subscriber by any means.  STICKMAN may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement.  Any fees paid hereunder are non-refundable.  Upon termination of the Subscriber’s account, Subscriber’s right to use the Services and access the Site and any Content will immediately cease.  All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. 

10.       MISCELLANEOUS.  (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of STICKMAN.  (b) The Site is controlled and operated by STICKMAN from its offices within the State of California, United States of America.  STICKMAN assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, Subscriber’s computer equipment or other property on account of Subscriber’s access to, use of, or browsing in the Site or Subscriber’s downloading of any materials, data, text, images, video, or audio from the Site.  STICKMAN makes no representation that materials in the Sites are appropriate or available for use in other locations and other countries.  Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  (c) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of California, United States of America, excluding its conflict of law provisions.  (d) Subscriber expressly agrees that jurisdiction for any claim or dispute relating to or arising out of this Agreement resides exclusively in the federal and state courts of the State of California in Los Angeles County and expressly consents to the personal jurisdiction thereof.  (e) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.  (f) If any provision in this Agreement should be held illegal or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect, or STICKMAN may at its option instead terminate this Agreement.  (g) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.  (h) Subscriber may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein.  STICKMAN may assign this Agreement to any entity at its sole discretion.  (i) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.  (j) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.  (k) STICKMAN may, upon reasonable notice, audit Subscriber’s use of the Site and/or Services to verify Subscriber’s compliance with the terms of this Agreement.  In particular, and without limiting STICKMAN’s audit rights, Subscriber shall retain and provide upon request information to substantiate Subscriber’s use of the Site and/or Services and the license grant. (l) No delay or failure to take action under this Agreement shall constitute any waiver by STICKMAN of any provision of this Agreement.  (m) Nothing in this Agreement waives or limits extra-contractual rights or remedies available to STICKMAN to protect its rights or property, including, but not limited to, those available under U.S. copyright law, international treaties, or copyright or intellectual property laws of the countries in which the Site or Services are used.

To review the STICKMAN Privacy Policy, please click here.