CineCapture LLC – T. Nelson Taylor
Terms and Conditions
Our litigious society compels us to set forth below an awful lot of sharp words, but hey, you wouldn’t be here if you hated reading. Uh, back to the serious …
These Terms and Conditions (“Terms”) apply to this website, other websites, applications, or other online services (“site” or “sites”) that link to these Terms, however accessed and/or used, that are operated or otherwise made available by CineCapture LLC and/or T. Nelson Taylor. CineCapture LLC (DBA “CineCapture Press” (“CineCapture” “we”, “us”, and/or “our”) Reserves the right at our discretion, to remove, change, delete and/or otherwise modify these Terms at any time. Users of our sites are encouraged to review these Terms and Conditions for changes. Any use of this site or any site linked to these Terms means acceptance of all Terms. Continued use of our sites means acceptance of any changes. Additional Terms and Conditions apply to the purchase of products, such as Returns and Refunds policy and our Privacy Policy.
Our Terms constitutes a legal agreement between you (“you”, “user”) and us, stating material terms and conditions that govern your use of our sites. This agreement, inclusive of updates, supplemental terms, and all of CineCapture’s policies shall be referred to as the “Agreement” between you and CineCapture. BY ACCESSING OUR SITES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE STATED HEREIN, DO NOT USE OUR SITES AND LEAVE.
NOTICE OF ARBITRATION: You agree that any disputes between you and us shall be resolved by binding, individual arbitration, and you waive any and all rights to participate in an individual or class-action lawsuit(s), or class-wide arbitration.
The “©” our site’s footer is the internationally-recognized symbol for Copyright Ownership. Yeah, some lawyers thought we should say a little more about it.
SITE CONTENT OWNERSHIP
Unless otherwise specified, our sites are owned and operated by CineCapture LLC. All content displayed or offered for sale on our sites, including, but not limited to, trademarks, logos, text, graphics, photographs, source and object code, images, moving images, sound, illustrations, software and any other content, “look and feel” (“content”), is owned by CineCapture LLC and/or its subsidiaries or affiliates, licensors, vendors and content providers, and is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express written permission of CineCapture LLC as is provided in these Terms. Any unauthorized use of our content is prohibited.
COPYRIGHT and INTELLECTUAL PROPERTY VIOLATIONS
We respect and adhere to the Digital Millennium Copyright Act of 1998. Suspected violations on our site(s) may be reported to:
CineCapture LLC
ATTN: Copyright Agent
PO Box 263701
Tampa, FL 33685
We may also be contacted for email information in order to expedite your concern.
Your correspondence must include:
– The copyrighted material’s description.
– The exact location of the infringement(s), including page URL and location within page.
– Signature of owner or authorized agent of owner to act on their behalf.
– Documentation granting authorization of agency on owner’s behalf.
– Statement by owner or authorized agent that they have a good-faith belief that the material disputed is not authorized by the by the claimed copyright owner, its assigns or law.
– Statement by you (owner or authorized agent), under penalty of perjury, of their notice’s information is accurate, that you are the copyright holder or authorized to act on their behalf.
– Contact information: Mailing address, telephone number and email address.
And now, your fun card …
YOUR ACCESS AND USE LICENSE
Unless specifically prohibited or restricted, CineCapture LLC grants you a personal, limited, non-exclusive, non-commercial, revocable and non-transferable license to access, download, view and play site content. Your license is subject to full compliance with our Terms. When you download or otherwise use our content, you must keep all copyright and other proprietary notices intact, make no modifications, and not retain or otherwise copy site source and/or object code, nor allow, assist, or utilize any third party in doing so.
THIRD PARTY SITES
Any content made available in connection with your website or otherwise by embedded code is our exclusive property, and no grant of any intellectual property rights is made by us. CineCapture LLC retains the right to demand that you cease any use of our content upon notice.
Links to Third Parties AND INDEMNIFICATION
Our site may contain source code and links to other websites and/or domains owned and operated by third parties (exs. Woocommerce, WordPress, Facebook, Twitter). Any provided links are solely as a convenience to you and do not imply CineCapture endorsement. CineCapture LLC and T. Nelson Taylor are not responsible for the contents or use of any linked site, or any consequence of making the link. Use of such third party services is subject to the terms and policies of those services.
ENDORSEMENTS
Unless by written agreement, you are prohibited from CineCapture LLC’s (including its subsidiaries and affiliates) logos, trademarks, code, text, photos, graphics, or any symbols which could, by our determination, imply our endorsement.
BLOG ACCEPTABLE USE RULES
When you contribute, upload or otherwise provide user comment and/or content to our site, you agree to comply with the following Rules (“rules”):
- It’s Policed. All commentary is subject to review before posting. We make no guarantees your commentary will be posted, publicly or otherwise.
- Keep it CLEAN. Although we greatly value free speech, we will not allow, at our determination, explicit, vulgar, or otherwise indecent language or other content.
- Be RESPECTFUL. We will allow no commentary that, at our determination, disrespects us, other site users, and our site’s visitors. No personal insults or condemnation, including those regarding race, religion, political affiliation, gender, sexual orientation, and/or physical disposition. No stalking, harassing, libel, personal gossip or attacks. No comments threatening violence, harm, or otherwise abuse others.
As a popular movie maxim goes, “Be nice.” - Keep it RELEVANT. Any comment found to be completely off-topic will fail acceptance.
- Be FACTUAL. Demonstrated falsehoods will be rejected. We realize that politics, religion, science, and other categories routinely attract a degree of subjectivity where facts are concerned. Our facts, your facts, her facts, his facts, their facts, partial facts, omitted facts. Undefended facts before adjudication are opinions, not necessarily facts, or truth . . .
As a disclaimer, opinions from persons of authority may contain facts, and be factual, yet be demonstrated and proven completely false. - No Photos or other Images. Links to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it. (Many social networks include share links as a part of their allowed Terms of Service)
- No external PLUGS. Unless expressly agreed, no comments may advertise or otherwise promote a product, service, marketing scheme or charity except those provided on this site.
- No inappropriate or ILLEGAL ACTIVITIES. Do not post any comment that elicits illicit activities. Submitting content that is illegal or constitutes dangerous behavior may result, at our sole discretion, your report to the proper authorities.
- No personal MISREPRESENTATION. No impersonations of another user. No fraudulent misrepresentations of another company or other entity.
- No PERSONAL INFORMATION. This is a PUBLIC SITE. Do not post full name, passwords, phone numbers, addresses, email, or other personal information. DO NOT share others’ personal information, either.
BE NICE!
PRIVACY POLICY
Data collection and use, including personal information, is governed by our Privacy Policy which is incorporated into this agreement.
FEES, COMMERCE
CineCapture LLC and/or its vendor affiliates will charge your credit card or an alternative payment method for products and/or services purchased by you, inclusive of applicable taxes and shipping charges. When you provide payment information to us and/or our vendors, you represent to us that you are the authorized user of the said payment. If legal action becomes necessary to collect any due balance, you agree to reimburse CineCapture LLC and its affiliate vendors for all expenses relevant to payment recovery, including all legal expenses.
TERMINATION
We may suspend or terminate any user’s site access, without notice, for any reason, at CineCapture LLC’s discretion. Your obligations under these Terms will continue after termination.
(What follows is ALL-CAPS, meaning more important and shouty)
WARRANTIES WAIVER
OUR SITE CONTENT AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. CINECAPTURE LLC AND ITS AFFILIATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE SITE’S CONTENT, THE PRODUCTS SOLD, USER CONTENT, AND/OR THE SECURITY OF INFORMATION TO OR FROM THE SITE. CINECAPTURE LLC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM ELECTRONIC ILLS, INCLUDING VIRUS OR ATTACKS.
WE DO NOT REPRESENT OR WARRANT AGAINST ERRORS OR INTERRUPTION, CORRECTION OF DEFECTS, OR FREEDOM FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, ELECTRONIC SECURITY ISSUES. CINECAPTURE LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION WITHIN ITS SITE(S) ARE ACCURATE, COMPLETE, OR PARTICULARLY USEFUL. YOU AGREE THAT YOUR USE OF OUR SITE(S) IS AT YOUR RISK. WE DO NOT WARRANT THAT USERS OF OUR SITE ARE LAWFUL, AND WE DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING OUR SITE(S), YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN ALL JURISDICTIONS. CINECAPTURE LLC DOES NOT ENDORSE USER CONTENT AND IS NOT RESPONSIBLE FOR USER CONTENT.
LIABILITY DISCLAIMER
CINECAPTURE LLC SHALL NOT BE LIABLE TO USERS OR OTHERS FOR INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES RELATED TO SITE(S) CONTENT, USER CONTENT, YOUR USE OF, INABILITY TO USE, OR SITE PERFORMANCE, ACTIONS TAKEN DURING AN INVESTIGATION BY US OR LAW ENFORCEMENT REGARDING YOUR USE OF OUR SITE(S), ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, ERRORS AND/OR OMISSIONS IN THE SITE(S) OPERATION, AND/OR DAMAGE RESULTING FROM EVENTS BEYOND OUR CONTROL, AND IN NO EVENT SHALL CINECAPTURE LLC AND ITS AFFILIATES BE LIABLE TO YOU FOR DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO US FOR A PRODUCT ORDERED THROUGH THE SITE(S) IF RECOVERABLE PURSUANT TO APPLICABLE LAW.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES INCURRED AS A RESULT OF OUR ACTS OR OMISSIONS, THE DAMAGES ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY CONTENT OWNED OR CONTROLLED BY CINECAPTURE, LLC, AND YOU RELEASE ANY AND ALL RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISEMENT, EXHIBITION OR EXPLOITATION OF ANY WEB SITE(S), PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CINECAPTURE, LLC.
BY ACCESSING OUR SITE(S), YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
RELEASE
If you incur a dispute with another user, legal or otherwise, you release CineCapture LLC, et al, from any claims, demands and damages, arising out of or in any way connected with such disputes.
INDEMNIFICATION
You agree to indemnify and hold CineCapture LLC, et al harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to your user content; your use of our site(s), or connected activities, your breach of these Terms, violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any government, including, without limitation, all regulatory, administrative and legislative authorities, information or material transmitted through your computer, including content submitted by you that infringes, violates or misappropriates any intellectual property, publicity, privacy or other right of any person or defames any person, any misrepresentation made by you, or CineCapture LLC’s use of your information permitted under these Terms, our Privacy Policy, or any other written agreement between you and CineCapture, LLC. You will cooperate as fully required by the CineCapture LLC to defend any such claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of CineCapture LLC.
GOVERNING LAW
With exception to utilized third-party software, the site(s) are designed and administered CineCapture LLC in the State of Florida, USA. All Terms and Conditions used are governed by the laws of the State of Florida. Site users hereby consent to the exclusive jurisdiction and venue of courts in Tampa, Florida in all disputes. Any portion of the Terms held as unenforceable shall be construed in accordance with applicable law and the remainder of the provisions shall remain in effect. Failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as CineCapture LLC’s waiver of any provision or right.
TERMS UPDATE RIGHTS
CineCapture LLC reserves the right to add, update, or otherwise modify these Terms at any time without prior notice. Users agree to being notified by available updated Terms and Conditions link posted on our site(s). Your use of our site(s) after posting of updated Terms and Conditions constitutes agreement to the updated Terms and Conditions. All users are encouraged to review the posted Terms and Conditions before use of our site(s). All updated Terms and Conditions become effective once publicly posted.
I fell asleep before the mic-drop. Are we done?