PLEASE READ THESE TERMS
OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you
of use, please do not use the site. We reserve the right, at our sole discretion,
to change, modify, add, or remove portions of these terms at any time.
Please check these terms periodically for changes. Your continued use of
TARZAN.ORG following the posting of changes to these terms will mean that
you are accepting such changes.
RESTRICTIONS ON USE OF
This site is owned and operated
by Edgar Rice Burroughs, Inc. (referred to as "ERB," "we," "us," or "our"
herein). No material from TARZAN.ORG may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, except that you
may download one copy of the materials on any single computer for your
personal, noncommercial home use only, provided you do not remove or alter
any of the copyright and other proprietary notices. Modification of the
materials or use of the materials for any other purpose is a violation
of ERB's copyright and other proprietary rights. For purposes of these
terms, the use of any such material on any other Web site or networked
computer environment is prohibited. All trademarks, service marks, and
trade names are proprietary to ERB.
ERB'S TRADEMARK AND COPYRIGHT
ERB is the owner and successor
in interest to all existing rights under copyright in the series of literary
works authored by the late Edgar Rice Burroughs, as well as all rights
in and to the literary titles and characters appearing therein, including
rights under the United States Trademark Act and related state laws featuring
the character identified as TARZAN, and is the owner, among other things,
of the trademark TARZAN and to the symbols of origin associated with the
Unless otherwise specified,
the materials in the site are presented solely for informational purposes.
This site is controlled and operated by ERB from its offices within the
State of California, United States of America. ERB makes no representation
that materials in the site are appropriate or available for use in other
locations. Those who choose to access this 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.
THE MATERIALS IN THIS SITE
ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
ERB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ERB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. ERB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU
(AND NOT ERB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR,
OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Further, ERB explicitly disclaims
any responsibility for the accuracy, content, or availability of information
found on sites that link to or from ERB from third parties not associated
with ERB. Because ERB is not able to inspect the materials contained on
the web pages of linked entities, ERB cannot be held responsible for the
accuracy, copyright compliance, legality, or decency of material contained
in third-party sites or the privacy or security of such sites, and you
hereby irrevocably waive any claim against us with respect to such sites.
ERB also does not intend that any of the links provided on this web site
to any other web sites are referrals or endorsements of the linked entities.
ERB provides these links for purely informational purposes and AS IS and
without any warranties, either expressed or implied.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ERB BE LIABLE FOR ANY
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE MATERIALS IN THIS SITE, EVEN IF ERB OR AN ERB AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
NO EVENT SHALL ERB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE.
These terms shall be governed
by and construed in accordance with the laws of the State of New York,
without giving effect to any principles of conflicts of law. You agree
that any action at law or in equity arising out of or relating to these
terms shall be filed only in the state or federal courts located in New
York County and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. If any provision
of these terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and shall
not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between us relating to the subject matter
herein and shall not be modified except in writing, signed by both parties.
EDGAR RICE BURROUGHS, INC.
Regarding Licensing Agreements
RULES, RESTRICTIONS AND REGULATIONS
1. LICENSEE shall
exercise a high degree of care to ensure that the selection of themes for
the LICENSED USE, and the treatment and presentation thereof, are made
in good faith upon the basis of true instructional and entertainment values
and not for the purpose of sensationalism, to shock or exploit the listener,
or to appeal to prurient interests or morbid curiosity.
2. In particular,
without limitation, under no circumstances shall TARZAN be portrayed:
(a) Using profane
or vulgar language or gestures of any kind even when such language is likely
to be understood by only some listeners;
(b) Using words
or engaging in actions derisive of any race, color, creed, nationality,
religion or national origin or derivation even when such words or actions
are likely to be understood by only some listeners;
any lack of reverence to God, His attributes and powers;
(d) As being
insensitive to the sanctity of marriage, religion or the home;
or taking advantage of others;
(f) Being derisive
of the physical or mental afflictions or deformities of others;
(g) Being selfish, greedy
respect for law and order or the institutions which form a part of the
American way of life;
any criminal or immoral traits or characteristics or being sympathetic
to or condoning illegal or immoral conduct of any kind;
in or condoning illicit sexual activities of any kind or possessing anything
less than contempt for those who so engage;
liquor, wine or beer or any alcoholic beverages of any kind or utilizing
any illegal or dangerous drug or possessing less than contempt for those
who drink alcoholic beverages to excess or utilize any such drug;
cigarettes, cigars, pipes or tobacco products of any kind;
(m) Being insensitive
to the feelings and well being of others, particularly women and children;
respect for the comfort and well being of animals or intimidating or brutalizing
animals under any circumstances other than self defense or defense of other
individuals or animals.
image must appear strong, energetic, clean-shaven; and in superb physical
no circumstances shall TARZAN be portrayed as losing life or limb or as
suffering any permanent physical or mental disability.