These Terms of Use for Content Providers are binding on any person who accesses and uses the interactive features of Creed Memories on the Creed.com or WindupList.com websites (hereafter referred to as "CREED MEMORIES").

CREED MEMORIES is an interactive Internet communication system provided by Wind-up Entertainment, Inc., enabling users to submit photographs and stories. Users are responsible for complying with all federal, state and local laws and regulations applicable to such content, including intellectual property laws, copyright, trademark, defamation and libel laws.

By posting any content on CREED MEMORIES, you hereby grant us a non-exclusive, fully-paid, royalty-free, world-wide right and license to use such content in the form submitted to CREED MEMORIES, you agree to indemnify us for any damages we may suffer as a result of your wrongful acts (including, without limitation, your posting of content that infringes the copyright, trademark or other intellectual property rights of, or defames or libels, any other person or entity).

Wind-up Entertainment, Inc. respects all Federal, State, local and administrative law including, but not limited to, copyright and trademark law, as well as laws governing libel and defamation, and expects our users to do the same. Unauthorized commercial usage of copyrighted works may be an infringement of the copyright holders' rights; unauthorized commercial use of trademarks may be an infringement of the trademark owner's rights; and any use of words or images to portray any person in a false, misleading, derogatory or otherwise negative manner may defame or libel that person. As a condition to your use of CREED MEMORIES, you agree that you will not use the CREED MEMORIES service to post or otherwise display or distribute copyrighted works or trademarks of others without their approval or otherwise infringe the intellectual property rights of others in any way and you further agree not to defame or libel others.

In accordance with the Digital Millennium Copyright Act of 1998, Wind-up Entertainment, Inc. will respond expeditiously to claims of copyright, trademark or any other intellectual property infringement as well as claims of defamation or libel committed using CREED MEMORIES. If you are the owner or exclusive licensee of a copyright, trademark or other intellectual property right, or are authorized to act on behalf of such a person, and you believe such copyright or trademark rights have been infringed by any content posted on the CREED MEMORIES pages, or if you believe you or someone you are authorized to represent has been defamed or libeled by any content posted on the CREED MEMORIES pages, please notify us of such infringement, defamation or libel by contacting NewMedia@winduprecords.com via e-mail.

1. an electronic or physical signature of the owner or exclusive licensee (or such person's authorized representative) of the copyright, trademark or other intellectual property right concerned or, in the case of defamation or libel, an electronic or physical signature of the defamed or libeled individual (or his or her authorized representative);

2. in the case of infringement, a description of the copyrighted work, trademark or other intellectual property that you claim has been infringed;

3. a direct link of the content in question (the direct link is in the form of a URL; an example of a direct link is(http://www.creed.com/creedmemories/default.asp?page=1&cat= 0);

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use infringes your (or the person you represent) intellectual property rights or that such use defames or libels you or the person you represent;

6. a statement by you, [made under penalty of perjury,] that the information provided by you is complete, true and accurate in all material respects and that you are either the owner of the infringed upon intellectual property rights, the authorized representative of the owner or exclusive licensee of the infringed upon intellectual property rights, or the person or authorized representative of the person who has been defamed or libeled by the relevant content.

Email is the quickest way to contact us regarding the above matters; any notices or other communication sent via e-mail should be sent to the attention of NewMedia@winduprecords.com .

By using the interactive functionality offered at CREED MEMORIES, you agree that you will not post any material which is knowingly false, libelous and/or defamatory, inaccurate, abusive, vulgar, hateful, pornographic, harassing, threatening, invasive of a person's privacy, or otherwise violative of any law. You agree not to post any copyrighted material or trademarks unless the copyright or trademark is owned by or exclusively licensed to you. You agree not to post any photos containing nudity or partial nudity. You agree to comply with all other laws and regulations that apply to the use of the website or any content posted on the website, including without limitation laws and regulations governing intellectual property rights, defamation and libel.

We are not responsible for the content of any of the messages posted in CREED MEMORIES. We reserve the right to edit and delete messages and/or photographs at our sole discretion.

We also reserve the right to reveal your identity (or whatever information we know about you) in responding to any complaint or legal action arising from any message posted on CREED MEMORIES by you.

By using CREED MEMORIES, you expressly authorize us to disclose any and all information you provide us, including without limitation personal indentifying information, in defending against any claim relating to content posted by you or in complying with, participating in or defending against any other legal process to which we are subject that arises in connection with content posted by you or any other activity engaged in by you through CREED MEMORIES.

If you believe a posted photograph and story or any other content appearing on CREED MEMORIES is in violation of these Terms of Use, you may email us at NewMedia@winduprecords.com.

WIND-UP RECORDS MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WIND-UP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.

While Wind-up Entertainment, Inc. has taken every precaution to ensure the safety of the user's provided personal information, no security system is infallible and Wind-up Entertainment, Inc. is not liable for damages incurred from stolen information or information otherwise obtained by 3rd party hacking.

Last Modified: November 15, 2004