Attention: open in a new window. PDFPrintE-mail

Terms and Conditions of Use

IMPORTANT! PLEASE READ CAREFULLY. These Terms of Service constitute a legal agreement between you and Switchblade Pictures and spell out the terms and conditions to which users of any Switchblade Pictures website are expected to adhere. Switchblade Pictures, Unio Mystica Holdings, L.L.C., and their affiliates and subsidiaries (SBP", "we" or "us") provide their services to you subject to the following terms and conditions ("TOU"). Please read it carefully because by clicking "I Agree" or by using the Website, you agree to be bound by the terms set forth here, as well as (i) the terms of our Privacy Statement and (ii) any supplemental terms of the Website, all of which are hereby incorporated by reference into these TOU (collectively referred to as the "Agreement"). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use the Website.

YOU MAY ONLY USE THE SITE AND ALL OTHER WEBSITES OWNED, OPERATED, LICENSED, OR CONTROLLED BY SBP FOR LEGAL PURPOSES. ADDITIONALLY, YOU MUST ABIDE BY ANY POLICIES POSTED ON SBP WEBSITES. NEITHER SBP NOR ANY OF ITS SUPPLIERS, LICENSORS, SUBSIDIARIES, OR AFFILIATES MAKE ANY REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH INFORMATION, DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

SBP AND ITS RESPECTIVE SUPPLIERS, LICENSORS, SUBSIDIARIES AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL SBP OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, ORCONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.

ALL DOCUMENTS, GRAPHICS AND OTHER ELEMENTS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. SBP OR ITS LICENSORS OR SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITH OR WITHOUT NOTICE.

The Website is hosted within the United States and allows registered with the Website ("Members") to shop, participate in public forums, view content [streaming?] ("Website Services").

SBP provides the Website Services to you (whether you are a visitor to the Website or a Member) (visitors and Members are hereinafter collectively referred to as "you" or "your") subject to the following conditions. If you wish to become a Member and use the Website Services, you must indicate your acceptance to the TOU during the registration process.

In order to participate in certain Website Services, you may be notified that you must download software or content and/or agree to additional terms and conditions (for example, when accessing areas of the Website containing sexually graphic images). Unless otherwise provided in the additional terms and conditions applicable to the Website Services in which you elect to participate, those additional terms and conditions are hereby incorporated into this Agreement.

SBP may modify the TOU from time to time and such modification shall be effective at the time SBP posts the modification on the Website. Your continued use of the Website Services after such modification is posted signifies your acceptance to the revisions. It is your responsibility to regularly review the TOU to ensure that you are updated on any revisions thereto.

SBP expressly reserves the right to deny, restrict, suspend, or terminate your access to all or any past of the Website Services at any time, for any reason (including no reason), with or without prior notice or explanation, and without any liability. SBP also expressly reserves the right to deny, restrict, suspend, or terminate your access to any or all parts of the Website Services if SBP determines, in its sole discretion that you have violated the Agreement or pose any threat to SBP or its Members or visitors. Accordingly, please choose carefully the information you post on or through the Website Services. If you become aware of misuse of the Website Services or violation of any of these TOU by any visitor or Member, please report the misuse via the Report Abuse link at the bottom of each page on the Website.

ALL DOCUMENTS, GRAPHICS AND OTHER ELEMENTS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. SBP OR ITS LICENSORS OR SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITH OR WITHOUT NOTICE.

  1. MEMBERSHIP. Use of the Website Services and registration to become a Member for the Website Services ("Membership Services") is void where prohibited by law. By using the Website Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eighteen (18) years of age or older; and (d) your use of the Website Services does not violate any applicable law or regulation. SBP may delete your profile and your Membership may be terminated without warning if SBP believes: (1) that you are under eighteen (18) years of age and you represent yourself as eighteen (18) years of age or older; or (2) if SBP otherwise believes you have not been truthful about any of the information you submit or transmit at any time on or via the Website, including in your profile, or other communication you transmit, including through the forums. Further, SBP may terminate your Membership at any time, for any reason, for no reason, with or without prior notice or explanation and without any liability.
  2. FORUMS/CHAT ROOMS. This Website makes available chat rooms, forums, message boards, and/or news groups to its users ("Public Forum(s)").
    1. You shall not upload to, or distribute or otherwise publish through a Public Forum any information, feedback, questions, comments and/or submissions ("Submission") which is libelous, defamatory, threatening , obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language, or is otherwise in the sole and exclusive discretion of SBP determined to be unacceptable. Public Forums within the Website and the Website Services available therein are provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas. SBP does not endorse the opinions placed on these Public Forums.
    2. In addition to restrictions set forth above, any of following types of Submissions are expressly prohibited: (1) any Submission that solicits personal information from anyone under 18; (2) any Submission that posts information that poses or creates a privacy or security risk to any person; (3) any Submission that constitutes or promotes information that is known (or should be known by the Member) to be false or misleading, or promotes illegal activities; (4) any Submission that constitutes or promotes an illegal or unauthorized copy of another person’s copyright work (such as providing pirated computer programs or links to them); (5) any Submission that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating a party’s privacy, or creating or distributing computer viruses, and/or (6) any Submission without SBPs prior written approval, that involves commercial activity and/or sales, such as contests, sweepstakes, solicitation of funds, advertising or solicitation for goods or services or websites that compete with SBP, and pyramid schemes. You are solely responsible for that you any Submission you post on anywhere on Website, including any Public Forum.
    3. SBP reserves the right to move or edit, reject, refuse to post, or delete any Submission you post for any reason or no reason, including any Submission that in the sole and exclusive judgment of SBP violates these TOU, or which is, as determined by SBP in its sole and exclusive judgment, offensive, illegal, harmful, posing a threat to the safety of any person or entity, or violates the rights of any person or entity, or in violation of a local, state, federal or international law or treaty. Notwithstanding any of the foregoing, SBP is not responsible and assumes no responsibility for monitoring or removing any Submission or the conduct of any person submitting the Submission.
    4. You agree that any Submission to any of the Public Forums or the like that you provide to us in connection with the Website or our Website Services will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
    5. SBP does not claim any ownership rights in any Submission that you post on or through the Website Services. By publishing any Submission on or through a Public Forum, you hereby grant to SBP a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and distribute such Submission, including without limitation, distributing part or all of the Website in any media formats and through any media channels, except Submissions marked private will not be distributed outside of the Website.
    6. The license you grant to SBP is a worldwide, non-exclusive, royalty-free license that SBP may sublicense to its affiliates, subcontractors, and other partners such as internet content delivery networks and wireless carriers who offer the Website Services to their customers.
  3. TERM OF MEMBERSHIP. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account page.
  4. FEES. SBP reserves the right to charge fees for any portion of the Website Services, including, but not limited to, the right to view streamed programming. SBP further reserves the right to change any such fees from time to time in its sole and exclusive discretion. If SBP terminates your Membership because you have breached any of this Agreement, you will not be entitled to any refund of any unused portion of the fees.
  5. PASSWORD. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, user name or password of another Member at any time any you are solely responsible for any and all liability arise from or in connection with the disclosure by you of your user name and password to any third party. You agree to notify SBP if you suspect any unauthorized use of your account or access to your password. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL USE OF YOUR ACCOUNT.
  6. PROPRIETARY RIGHTS IN CONTENT. All materials published by SWP on the Website (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content")) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Unio Mystica, LLC or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Website Services. Except as otherwise set forth in Section 8 below, you may not copy, modify, edit, publish, transmit, perform, display, sell or otherwise distribute any such third party Content appearing on or in connection with the Website and Website Services. Any Content is protected by copyright, trademark, patent, trade secret and other laws, and SBP owns and retains all right in the SBP Content and the Website.

    SBP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ACCURACY OR RELIABILITY OF ANY OF THE CONTENT POSTED ON OR THROUGH THE WEBSITE SERVICES BY MEMBERS AND SUCH CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS AND POLICIES OF SBP. COMMENTS IN FORUMS POSTED BY MEMBERS MAY CONTAIN LINKS TO OTHER WEBSITES. SBP IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESS ON SUCH WEBSITES AND SBP IS NOT RESPONSIBLE FOR MONITORING OR INVESTIGATING SUCH WEBSITES FOR THE ACCURACY OR COMPLETENESS OF ANY STATEMENTS OR OPINIONS EXPRESSED ON SUCH SITES.
  7. DCMA. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any person or entity. SBP has the right to terminate the Membership of any infringers. If you believe your work has been copied and posted on or through the Website Services in a way that constitutes infringement, please send SBP a notification of claimed infringement with all of the following information: (a) identification of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Website Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. SBP’S Contact for claimed infringement can be reached as follows: SBP,, c/o 5750 Bintliff, Suite 216, Houston, TX 77036; Facsimile: (713) 341-7199 Phone: (713) 341-7100; Attn: SBP. SBP's Contact for notification of claimed infringement can also be reached electronically by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
  8. COPYRIGHTS. All materials and content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of SBP or its content suppliers and protected by United States and international copyright laws and international treaties. The compilation of all content on this Website is the exclusive property of SBP and is protected by U.S. and international copyright laws and treaties. SBP materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without the prior express written permission of SBP. Use for any other purpose or without SBP permission is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. All rights not expressly granted herein are reserved. Permission to use elements (such as product information, press releases, schedules, announcements, news and FAQs) from this Website and/or Website Services is granted, provided that (1) the copyright notice at the bottom of the TOU appears in all copies and that both the copyright notice and this notice regarding SBP's permission appear, (2) you include any other non-SBP copyright notice appearing in the text; (3) use of such elements or Content from the Website or the Website Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer, broadcast in any media, or otherwise published unless expressly authorized otherwise, (4) no modifications of any elements are made; and (5) SBP may withdraw its license at any time for any reason.
  9. LICENSE TO USE SITE. SBP grants you a limited license to access and make personal use of this Website and the Website Services in accordance with the Agreement. This license does not include any use not expressly authorized herein. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SBP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SBP and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing SBP's name or trademarks without the express written consent of SBP. Any unauthorized use terminates the permission or license granted by SBP.
  10. TRADEMARKS AND TRADE DRESS. The trademarks and logos appearing on SBP owned, operated or affiliated websites, including but not limited to the Website, the SBP logo(s), the and any other trademarks and logos appearing on the Website and all other websites owned, operated, licensed, or controlled by SBP or its subsidiaries and affiliates are the property of their respective owners. SBP'S trademarks may be used publicly only with the express written permission of SBP. The design and layout of the Website and all other websites owned, operated, licensed, or controlled by SBP or its subsidiaries and affiliates and the Website Services, are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from any of the Website and Website Services may be copied or retransmitted unless expressly permitted by SBP. Other product and company names mentioned herein may be the trademarks of their respective owners, and all such other trademarks are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SBP or its affiliates and subsidiaries.
  11. MEMBER DISPUTES. You are solely responsible for your interactions with other Members. SBP reserves the right, but has obligation, to become involved in any way with disputes between you and other Members.
  12. PRICING. Except where noted otherwise, the list price ("List Price") displayed for products on our Website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent an "open-stock" price, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. With respect to items sold on the Website, we cannot confirm the price of an item until you order; however, under most circumstances we do NOT charge your credit card until we begin to prepare your order for shipment. Despite established practices, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
    • If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
    • If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by SBP. Your purchases from third-party sellers of SBP products may be charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
    ALL PRICES CHARGED BY SBP NOW OR IN THE FUTURE FOR MEMBERSHIPS, OR ANY OTHER SERVICES SET FORTH ON THE WEBSITE (INCLUDING THE WEBSITE SERVICES) ARE AT THE SOLE DISCRETION OF SBP. SBP RESERVES THE RIGHT TO CHANGE THE FEES CHARGED AT ANY TIME, FOR ANY REASON WITH OUR WITHOUT PRIOR NOTICE.
  13. JURISDICTION. This Website and the Website Services are controlled and operated by SBP from its offices in Houston, Texas. SBP makes no representation that the materials available on this Website and the Website Services are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. These terms and conditions are to be governed and construed exclusively by Texas law. You agree that the state and federal courts sitting in Houston, Harris County, Texas shall be the sole and exclusive forum and situs for the resolution of any and all disputes, controversies or matters arising out of or relating to these terms and conditions, or your use of or access to the Website and the Website Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THESE TOU. FURTHER EACH PARTY HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF LITIGATION SEEK TO ENFORCE THIS WAIVER OF RIGHT OF TRIAL BY JURY PROVISION.
  14. UNITED STATES EXPORT CONTROLS. Software available in connection with the Website Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website Services or otherwise exported or re-exported in violation of United States export controls. Downloading or using the Software is at your own risk.
  15. DISCLAIMERS. SBP is not responsible for any technical or other problems of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Website Services or combination thereof, including any injury or damage to any person or entity’s computers related to or resulting from participation or downloading materials in connection with the Website Services. SBP disclaims any and all liability for and under no circumstances shall be liable for any loss or damages, including personal injury, physical damage, or death arising from or in connection, directly or indirectly, with the use of the Website Services.
  16. LIMITATION ON LIABILITY. IN NO EVENT SHALL SBP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE SERVICES, EVEN IF SBP HAS BEEN SBPISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SBP’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SBP FOR THE WEBSITE SERVICES WHILE A MEMBER.

© 2009 Unio Mystica, LLC. All rights reserved.