- Last Updated: Tuesday, 12 November 2013 13:07
- Written by Ethan Falk
Welcome to the Cine Movie, a web site operated by A La Brava Entertainment, with offices located at 2700 Arlington Ave. Suite 101, Torrance, CA 90501 (the "Site"). This document explains the terms and conditions for using our Site (the "Agreement"). By using our Site, you consent to this Agreement and any new version of it posted since your last visit. If the Agreement is not acceptable, then please do not use our Site. This Agreement was last updated on: June 5, 2008.
YOUR ACCOUNT & PASSWORD.
If you register an account, you represent that you are at least 13 years old and that, to the best of your knowledge and belief, your registration information is truthful, accurate and complete. A user name and password will be assigned by us or chosen by you. You are responsible for maintaining the secrecy of your password and for activities occurring under your account. Be sure to change your password promptly and notify us if you believe your account is being accessed by others. Each user must register separately. You may not loan your user name and password to others.
USING OUR CONTENT & SITE.
Our Proprietary Rights. Our Site may contain an assortment of information, data, software, images, video clips, music, links, logos and other material ("Content") that are the copyright, trademark or other intellectual property of the owners of this Site or third party suppliers. The Content in this Site is copyrighted individually and as a collective work. All rights are reserved. The name "Cine Movie" and other names appearing herein are the trademarks or registered trademarks of the Site or the respective third party owners. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible. All licenses are non-exclusive.
Linking to Our Site. You may not display our Content within a frame or border, or "deep link" or harvest Content located below our top-most URL. You will not link to our Site or Content in a manner that suggests an endorsement or affiliation between our sites. You will remove any link to our Site that we find objectionable promptly upon request.
Reservation of Rights. All content, communications, software applications, digital products, updates and features of this Site are copyrighted by the Site, its owners, suppliers or other third parties. We reserve all rights not specifically granted to you. This means permission to use the Site and related intellectual property rights will be narrowly interpreted by a court in our favor. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Site. You may not reverse engineer our Site or any software obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could be irreparably injured and may obtain a court order without necessity of posting bond to enjoin you from further mischief.
YOUR CONTENT & SUBMISSIONS.
Your Public Messages. Our Site includes certain interactive features that allow users to post, transmit and receive messages or content on discussion forums, weblogs, newsgroups, chat areas, calendars or other online channels ("Communications"). Cine Movie reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that A La Brava Entertainment. deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, A La Brava Entertainment. shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community. You use the Communities solely at your own risk and A La Brava Entertainment. neither endorses nor controls user Postings available, delivered or displayed in the Communities and A La Brava Entertainment. assumes no duty to monitor or endorse Postings within the Communities, nor does A La Brava Entertainment. represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement and you should never rely upon any Posting as being true, accurate or reliable. You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not us or Cine Movie, are entirely responsible for the consequences of all your Postings on the Communities or otherwise on the Cine Movie sitek. Postings do not reflect the views of A La Brava Entertainment. or any Affiliates. In no event shall A La Brava Entertainment. or any Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the Cine Movie network; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on A La Brava Entertainment. and/or the Communities. We reserve the right (but do not assume the responsibility) to block or remove any Communications brought to our attention which we consider in violation of this Agreement or detrimental to the Site or to any person.
Permission to Publish. Our Site does not claim ownership in the content of your Communications. If you make Communications, you irrevocably grant our Site (and any affiliates and sublicensees) the worldwide, perpetual, royalty-free, sublicensable right and license to store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display and perform such Communications through the Site and to make such incidental and additional uses as may be needed to operate the Site and any affiliated sites through any media or technology now known or hereafter created. You irrevocably grant us the right to obtain a copyright in the "thread" or compilation of Communications on the Site generally, including your own Communications.
Your Personal Web Page. Our Site allows registered users to create personal web pages and to upload and manage content for those pages ("Personal Pages"). Personal Pages are for personal and family use. The amount of storage space for Personal Pages is limited. Please view the applicable FAQs or instructions to determine storage limitations. Personal Pages may not be used to carry on a business or commercial enterprise for profit. You may not create any password-protected areas on your Personal Page.
Data Management & Disclosure. We reserve the right to manage and operate our system resources and to archive or delete any files stored on our Site at any time. You are responsible for making back-up copies of any files that you wish to preserve. We may archive or delete files stored in accounts that have not been logged into and are inactive for an extended period of time, as determined by the Site. We do not claim any ownership rights in the contents under your account. We may disclose the contents of your account (a) as required by law or legal process, (b) to protect or defend the rights of the Site, (c) to enforce this Agreement, or (d) to protect the interests of any other user.
Prohibited Behavior. You will not upload, store or disseminate any Content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, profane, hateful, racially or ethnically offensive, which are defamatory or harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of the Site. You will not use the Site to violate any applicable law, including domestic or foreign securities laws or regulations. In order to protect itself, the Site may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed or affected by your violation of this Agreement and to any law enforcement agency conducting an investigation. You also agree not to make any Communication that encourages users to terminate their use of the Site or to use a competitor's service.
Anti-Spam Restriction. You will not use our Site to make any Communications which are unsolicited bulk advertising or promotional messages ("spam"), so-called "chain letters," pyramid schemes, or make Communications of a promotional nature other than through channels authorized by the Site. You may not harvest email addresses or instant messaging identifiers. Because the damage incurred by us in connection with spam campaigns may be difficult to ascertain, you agree to pay liquidated damages of USD$3 per individual recipient of spam messages transmitted under your account if you knowingly cause spam to be sent.
THIRD PARTY LINKS AND ADVERTISERS.
Content, goods or services may be offered by third parties through hotlinks or advertisements contained on our Site or through private-branded areas that are controlled by third party providers. These are offered as a convenience to you. We have no control over and do not endorse third party content, goods or services. We act as a distributor and not as a republisher of third party content and as an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
Video Submission Service Agreement
IMPORTANT NOTE: You must meet the Age Requirements of this Agreement and the Content Requirements in Section 1 of this Agreement .
We will use the term "video" to mean and refer to any and all content, media and materials you submit to or for the Service, through third parties, including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world.
To submit videos to the Service you must upload your video (transmit a copy of the digital video file) through the Internet third party websites that will allow you to upload your videos through their web site. We have arrangements with, each time you upload or submit your video (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Agreement. The instructions for uploading your video are on the web page provided for the upload of your video. To be considered for posting and display to the public, your video must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission and these can be found on the web page for uploading your videos. In order to submit videos, you will also need to meet our Age Requirements (See Section 2 below) and your video must meet our Content Requirements (See Content & Submissions section). When submitting videos to or with any third party viral website, you may also be required to comply with certain requirements and agree to terms and conditions that they may separately require or impose and you should check with them for these requirements, terms and conditions, since they, not us, control their own web sites and submission and display requirements, as well as the information they may obtain about you during that process.
When you submit a video to the Service, you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the content, length, your location and/or similar information. By submitting your video, you are also agreeing and you understand that the term "video" also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your video and your submission. Always keep a copy of anything you send because we shall not be responsible for lost, damaged, misdirected, unusable or unreadable videos. Proof that you submitted a video does not constitute proof that we or Cine Movie received anything.
You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any. Videos do not reflect the views of Cine Movie nor represents or guarantees the truthfulness, accuracy, or reliability of any video, nor endorses or supports any opinions expressed in any videos, and except for attempting to prevent Unauthorized Content from being displayed, we do not filter or screen any videos. In no event shall Cine Movie have or be construed to have any responsibility or liability for or in connection with any of your videos. If we determine, in our sole discretion, you have not met the Age Requirement (See Section above) or our Content Requirements or if, in our judgment, you or any video you submit violates this Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Agreement, at law or in equity, to (a) refuse to allow you to submit further videos, (b) remove and delete your videos, (c) revoke your registration and right to use the Service and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password.
We make no claim the Service or any video is appropriate for any particular purpose or audience, or that any video, software or our Service may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any videos, information, software, materials, products or services to countries or persons prohibited under the export control laws and regulations.
- causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying our Service;
- unauthorized access to the Service or information of other users;
- the modification, impairment, disruption, alteration or interference with the use, features, functions, operation or maintenance of the Service; or
- any requirements, rules, terms or conditions that may be applicable to Cine Movie in connection with the Service.
Neither Cine Movie or it's affiliates controls any video submitted and, although we may use both automated and manual means of reviewing videos in order to prevent Unauthorized Content from appearing and being displayed on Cine Movie, we do not have any obligation to you to review, evaluate or monitor videos for that or any other purpose. Cine Movie reserves the right to review any submitted video and to delete, remove, move, edit or reject, without notice to you, any video that Cine Movie deems, in its sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Agreement or to be unacceptable to Cine Movie, for any reason or for no reason whatsoever; provided, however, that Cine Movie shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If Cine Movie receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law, Cine Movie may remove videos associated with such claim. Cine Movie reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Service or to comply with legal, regulatory, audit and compliance obligations.
In connection with each and every video you submit to or through the Service, you grant to Cine Movie the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, supplement, enhance, excerpt, extract, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your video on Cine Movie, for not-for-profit, commercial, educational or any purpose whatsoever without accounting, notification or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Cine Movie, in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to A La Brava Entertainment, these rights include, without limitation, the right to create derivative works of, distribute and synchronize all or any portion of your video in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your video; to encrypt, encode and decode, and compress and decompress all or any portion of your video; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your video; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your video; and to excerpt and/or extract portions of your video in order to host, store, index, categorize and display your video on or through the Platforms.
By submitting your video to the Service, in addition to the rights, licenses and privileges referred to above, you are also granting A La Brava Entertainment. the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Service, the Platforms, and any products, goods, features, functions, capabilities and/or services associated with Cine Movie and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your video, for any purpose whatsoever, without any compensation or accounting to you, in products or services developed by Cine Movie, without limitation or restriction whatsoever.
The rights, licenses and privileges described in this Agreement and granted to Cine Movie shall commence immediately upon submission of a video to or through the Service (by upload or any other means we make available to you) and continue thereafter perpetually and indefinitely, regardless of whether you continue or remain a registered user or not, unless and until terminated, in whole or in part, by Cine Movie on notice to you. Notwithstanding the foregoing, you acknowledge and agree that Cine Movie, nor any Entity, shall be required or have any obligation to host, index, display, accept or use any submitted video (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and Cine Movie may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any video. Once you submit or attempt to submit your video to or through the Service, whether to or through Cine Movie you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to Cine Movie. You are not entitled to and you will not receive any compensation or other consideration for your video or any use made of your video once submitted to or through the Service. You also understand and agree that neither all or any portion of your video, nor any commercial, advertisement, promotional, marketing or other material associated with your video, need to be submitted for approval prior to use.
You hereby release Cine Movie from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your video, including, without limitation, any and all liability for any use or nonuse of the your video, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. Cine Movie has the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with the video and the rights granted to Cine Movie hereunder.
You acknowledge that other persons may have submitted videos to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your video or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof and the submission of a video, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any video you or anyone else submits to or through the Service, that is purely coincidental and unavoidable.
Cine Movie reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and operating the Service, Cine Movie or other Platforms and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your video may be displayed on or otherwise used by or in connection with the Service, Cine Movie or other Platforms.
Contests, Sweepstakes, Auctions and Promotions
From time to time, Cine Movie, the Site's operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
The Site may provide podcasts ("Podcasts") consisting of selected audio content from the Site that is provided over the Internet using an XML feed and an associated audio file so that the audio file may be downloaded and played from a user's computer or transferred to a portable listening device. Certain software and hardware is required for users to download and play Podcasts. Podcasts are protected by United States Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Podcasts are reserved A La Brava Entertainment. or the content provider. Podcasts are available for personal, noncommercial use only and you may download, copy and/or transfer to a portable listening device or a computer the Podcasts for your personal, non-commercial use only. You shall not, nor will you allow any third party to reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Podcasts except as expressly authorized in this Section 13. By your access to and use of Podcasts, you understand, acknowledge and agree that the Site, A La Brava Entertainment., the Parent Companies and their Affiliates do not warrant that its podcasting service will operate on all user equipment.
OUR ONLINE MATCHING SERVICE (MOVIE MATES PAGE)
Eligibility. Areas designated as online auctions or "Matching Services"(Movie Mates) are available only to persons 18 years and older who have the legal capacity to enter into legally binding contracts. This means minors may not use the Matching Service. By using the Matching Service/Movie Mates, you represent and warrant that you are of legal age and capable of entering into binding contracts.
Nature of Relationship. Our Matching Service may offer certain features that can be used to match buyers and sellers of goods and services. The Matching Service is offered solely as a venue for you and other users to list items offered and to exchange bids or other information about such items. You and other members of this Site are solely responsible for all aspects of such exchange, including the accuracy and legality of such listings and communications exchanged, the selection of trading partners and the performance or non-performance of any resulting agreement. We are not a party to these transactions. We cannot give any assurance that a buyer or seller will perform or pay for any goods or services.
Fee Schedule. Bidding on specific items in the Matching Service is free. We reserve the right to impose new or different fees by posting a new Fee Schedule. New Fee Schedules are effective on the date posted, or such other effective date identified in the Fee Schedule.
Listings & Bids. When you upload a listing, make a bid or other communication via the Matching Service, you irrevocably grant our Site the worldwide, perpetual, royalty-free, sublicensable right and license to store, copy, reproduce, adapt, create derivative works of, transmit, disseminate, perform and display the listing through the Matching Service and to make such incidental and additional uses as may be needed to operate the Matching Service through any media or technology now known or hereafter created. You irrevocably grant us the right to obtain a copyright in the compilation of listings, bids and communication threads, including your own.
Prohibited Behavior on Matching Service. Listings, bids and communications regarding items or participants in the Site may not: (a) contain any information that is knowingly false, misleading or materially inaccurate; (b) infringe any third party intellectual property or privacy rights; (c) offer any item that is counterfeit (unless specifically designated as such); (d) violate any law or regulation (including securities laws, export laws and technology transfer laws); (e) contain any information that is defamatory, harassing or patently offensive; (f) contain any obscene material (including child pornography); (g) upload any virus or other deliberately destructive file or code; (h) make repetitive bids or interfere with normal operations; (i) advertise other web sites, services or match-making services, (j) link to any content or service that violates this Agreement; (k) use any robot or other automatic device to access, copy, retrieve or use any content obtained from the Matching Service (this means you must actually be present at your computer terminal and use the Matching Service manually), (l) use any program or device to meta-search or consolidate listings or bids from our Service with listings or bids from other matching services. WE RESERVE THE RIGHT TO REMOVE ANY LISTING OR COMMUNICATION AND SUSPEND OR TERMINATE ANY MEMBER THAT VIOLATES THE FOREGOING PROVISIONS OR OTHERWISE ENGAGES IN BEHAVIOR THAT WE IN OUR SOLE JUDGMENT CONSIDER TO BE INAPPROPRIATE.
Taxes. You are responsible for the timely filing of any required returns and the payment of all applicable taxes or levies, including interest and penalties imposed thereon ("Tax Claims") arising from or relating to your use of the Matching Service or any goods or services bought, sold or exchanged as a result of using the Service, and you agree to defend, indemnify and hold our Site harmless from any and all Tax Claims.
No Endorsement. We do not review or endorse the truth, accuracy, reliability, integrity or quality of any information posted in the Matching Service, or any goods, services or other things bought, sold or exchanged as a result of such activities.
Outage Policy on Matching Service. We are not responsible for any outage or disruption in your use of the Matching Service, including any system outages. We reserve the right, but do not assume the obligation, of extending the bidding time for an item as a result of a system outage.
Disputes Among Users of Matching Service. Our Site is not a party to any exchange of information or to any subsequent agreement to buy, sell or exchange goods or services resulting from members' participation in the Matching Service. You agree to hold us harmless from and release our Site (including our officers, directors, owners, agents and employees) from any and all liability arising out of any dispute that may result from your use of the Matching Service or any good or service obtained thereby (including any claim for direct, indirect, incidental or consequential damages or attorney fees, even if we are advised of the possibility of such damage, and whether arising in contract, tort or otherwise). This limitation is independent of remedy limits. If you nevertheless try to involve us in a dispute, you will comply with the Governing Law provision of this Agreement and pay our costs and expenses, including reasonable legal fees.
California Residents: if you reside in California, you waive the protection of California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
We offer secure web pages to collect certain kinds of information from users and we store certain kinds of sensitive information in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures implemented by our Site reduce the likelihood of security problems to a level appropriate to the type of data involved.
WARRANTIES & LIABILITIES.
Warranty Disclaimer. THIS SITE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SITE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SITE. THE SITE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.
Limitation of Liability. IN NO EVENT IS THE SITE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS.
Indemnification. You agree to defend, indemnify and hold harmless the Site and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Site, your conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement.
Limitation of Remedies. You agree that if the Site breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Site. This applies regardless of whether the remedy fails of its essential purpose.
Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SITE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.
The Site is not responsible for any delay or failure in performance of the Site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.
NO OUTSIDE CONTACTS.
Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as applied to Internet sites), it is important to agree that our Site operates solely in Los Angeles county, California (our "Locality"). You are using the Internet as your own agent to access and use our Site from the local Internet point of presence (POP) here in our Locality and you are using the Internet or public carrier as your local agent to take delivery of any information, products or services in our Locality. This means all operations, services, deliveries, performance and contacts of our Site occur solely in our Locality. Our Site does not submit to personal jurisdiction anywhere else and you irrevocably waive any claim to the contrary.
If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your from further mischief.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF CALIFORNIA (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN SUCH DESIGNATED JURISDICTION AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you irrevocably accept legal notices and papers by electronic mail at your last known email address (we would also attempt to send you a backup copy by regular mail).
TECHNOLOGY & DATA TRANSFER.
Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the U.S. and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Site that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of our Agreement.
European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and our Site is governed by the European Union Data Protection Directive or national laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Site.
U.S. GOVERNMENT RESTRICTED RIGHTS.
To the extent used by U.S. government personnel: this is a computer data base that constitutes restricted computer software and is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor is A La Brava Entertainment, a corporation with offices located at 2700 Arlington Ave. Suite 101, Torrance, CA 90501.
RELATIONSHIP OF PARTIES.
There are no third party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. This Site is not a party to any transaction between you and any third party advertisers or suppliers. You will look solely to the third party for all claims regarding their goods, services or information.
RIGHT TO RELY ON INSTRUCTIONS.
The Site may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Site's automated criteria or which is believed by the Site's personnel to be genuine. For any password protected areas, the Site may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Site may assume the latest email addresses and registration information on file with the Site are accurate and current. When programmed to do so, the Site may take prescribed actions in the absence of receiving proper and complete contrary instructions.
CHANGES TO SITE.
We reserve the right to modify, change or discontinue the Site or any feature at any time without notice. You agree that the Site is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Site can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions.
Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of this Site, or any feature of this Site, at any time upon notice. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Content obtained from the System, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.
NOTICE TO CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.
Pricing Information: Current rates for using the Site may be obtained by calling (***Enter Site Phone Number Here***). The Site reserves the right to change fees, surcharges or to institute new fees at any time, as provided in this Agreement.
Complaints: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.
This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Site. Your continued use of this Site after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of performance or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES.
If you believe content on our Site infringes your copyrighted work and you want the Site to take down the offending material, you will need to complete the following Notice of Copyright Infringement and mail or fax it to our Registered Agent (do not use this procedure for any other kind of communication):
Mail or Fax it to us:
Patricia Vanegas, Consumer Relations
A La Brava Entertainment
2700 Arlington Ave. Suite 101, Torrance, CA 90501
Notice of Copyright Infringement
I certify under the penalty of perjury that I own or am authorized to act on behalf of the owner of the copyrighted work identified below. I believe in good faith that the copyrighted work has been used on your Site without authorization by the owner, its agents or according to law. I ask that you remove or block access to the infringing material.
Name of Copyright Owner:
Description of Copyrighted Work:
Description of Infringing Material:
Location of Infringing Material:
I can be contacted as follows:
I certify under the penalties of perjury that the foregoing is true and correct to the best of my information, knowledge and belief.
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