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USER
AGREEMENT AND DISCLAIMER
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS
SITE.
Access to and use of this site are subject to the following terms
and conditions and all applicable laws. Please review these terms
and conditions on a periodic basis, as they are subject to modification,
alteration, or update at any time and at the sole discretion of
Cinema Perfecto. If you do not agree to any term or condition, you
should not use this site.
I. COPYRIGHT NOTICE.
This World Wide Web site and all of its content, including but not
limited to the text and images used herein and their arrangement,
is copyright ©2011 - 2012 Cinema Perfecto, LLC.
II. TRADEMARKS NOTICE.
CinemaPerfecto.com, Cinema Perfecto, The Online Home for Digital
Filmmakers & Professional Videographers, Cinema Perfecto, LLC,
businesses, and products referenced herein are trademarks or registered
trademarks. All other products and company names referenced herein,
if any, may be the trademarks of their respective owners. Cinema
Perfecto does not authorize the use of any trade name, trademark,
registered trademark, logo, or any copyrighted material referenced
herein for any purpose whatsoever, including non-commercial applications.
III. RESTRICTIONS ON USE.
In consideration of being allowed to use the Website, you agree
that the following actions shall constitute a material breach:
· Collecting information about the Website or users of the
Website without our written consent;
· Modifying, framing, rendering (or re-rendering), mirroring,
truncating, injecting, filtering or changing any content or information
contained in the Website, without our written consent.
· Using any deep-link, page-scrape, robot, crawl, index,
spider, click spam, macro programs, Internet agent, or other automatic
device, program, algorithm or methodology which does the same things,
to use, access, copy, acquire information, generate impressions
or clicks, input information, store information, search, generate
searches, or monitor the Website or any portion thereof;
· Accessing or using the site for commercial or competitive
purposes;
· Disguising the origin of information transmitted to, from,
or through the Website.
· Impersonating another person;
· Distributing viruses or other harmful computer code;
· Allowing any other person or entity to impersonate you
to access or use the Website;
· Using the Website for any purpose in violation of local,
state, national, international laws
· Using the Website in a way that is intended to harm, or
a reasonable person would understand would likely result in harm,
to the user or others
· Circumventing any measures implemented by us aimed at preventing
violations of the Terms of Use.
IV. THIRD PARTY SITES.
Cinema Perfecto may from time to time provide links and pointers
to Internet sites maintained by third parties ("third party
sites") and it may from time to time provide materials from
third parties on this Web Site. These third party sites and any
third party materials are provided for your convenience only. Cinema
Perfecto does not operate or control in any respect any information,
products or services available on these third party sites and Cinema
Perfecto is not responsible for their content. Cinema Perfecto makes
no representations whatsoever concerning the content of these sites
and the fact that Cinema Perfecto has provided a link to such sites
is NOT an endorsement, authorization, sponsorship, or affiliation
by Cinema Perfecto with respect to such sites, its services, the
products displayed, its owners, or its providers. You access these
sites at your own risk.
V. DISCLAIMER.
There are certain risks in using any information, software, or products
found on the Internet; and Cinema Perfecto cautions you to make
certain that you completely understand these risks before retrieving,
using, relying upon, or purchasing anything via the Internet.
Visitors to this Web Site assume all responsibility and risk for
the use of this Web Site. Information published on this Web Site
is provided without charge as a convenience to visitors, to be used
for informational purposes only. NOTHING IN THIS WEB SITE CONSTITUTES
A RECOMMENDATION OR ENDORSEMENT OF ANY ITEM, PRODUCT OR BRAND. ALTHOUGH
REASONABLE CARE HAS BEEN TAKEN WITH REGARD TO THIS SITE'S CONTENT,
CINEMA PERFECTO DOES NOT WARRANT OR REPRESENT THAT THIS SITE'S CONTENT
IS ACCURATE, COMPLETE, OR UP-TO-DATE, NOR DOES IT WARRANT OR REPRESENT
THAT ACCESS TO AND USE OF THIS SITE OR THE SERVER WHICH MAKES IT
AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THIS SITE MAY
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH
CINEMA PERFECTO ASSUMES NO RESPONSIBILITY.
ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS
AVAILABLE ON THIRD PARTY SITES, ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CINEMA
PERFECTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
VI. LIMITATION OF LIABILITY.
Cinema Perfecto is not responsible for any infections, contaminations,
delay in operation or transmission, line failure, errors, omissions,
interruptions, or defects arising out of your use of this site or
with respect to the material provided and/or contained on this site.
In no event shall Cinema Perfecto be liable for any special, direct,
indirect, incidental, or consequential damages, or any other damages
of any kind, resulting from whatever cause, including but not limited
to loss of use, loss profits, or loss of data, whether in an action
under theories of contract, negligence, strict liability, or otherwise,
arising out of or in any way in connection with the use of or inability
to use the information or materials on, or accessed through, the
Cinema Perfecto Web Site.
Notwithstanding the above, in no event shall Cinema Perfecto's total
liability to you for any and all claims, damages, losses, and causes
of action exceed the amounts paid to Cinema Perfecto by you in connection
with the transaction claimed by you to give rise to your claim.
VII. COMMUNICATIONS AND SUBMISSIONS.
All personal data transmitted to Cinema Perfecto over the internet
pursuant to placing an order, logging in or registering an account,
such as name, e-mail address, physical address, telephone number
and payment information, shall be treated as confidential information.
Any communication or other materials which you submit to Cinema
Perfecto or this Web site (including, but not limited to, e-mail,
product reviews or other postings) relating to products, experiences,
suggestions or other subject matter will be treated as non-confidential
and non-proprietary Submissions. All Submissions made to public
areas, such as product reviews, are not subject to our Privacy Policy.
You may post reviews, comments, and other content, and submit suggestions,
ideas, comments, questions, or other information, so long as the
content is not illegal, obscene, threatening, defamatory, invasive
of privacy, infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable and does not consist
of or contain software, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of spam. You may not use
a false e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of any content. Cinema Perfecto hereby
reserves the right (but not the obligation) to remove or edit content
for any reason at its sole discretion.
By transmitting or posting any Submissions to Cinema Perfecto or
to this Web site you grant Cinema Perfecto and its affiliates a
non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use the content of such Submissions for any purpose, including,
but not limited to, the rights to reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display
such content throughout the world in any media. You also grant Cinema
Perfecto and its affiliates and sublicensees the right, at their
sole discretion without obligation to do so, to use the name that
you submit in connection with such content. You further agree that
the license granted herein includes all of the rights to use or
authorize the use of any ideas, concepts, know-how or techniques
contained in such Submissions for any purpose whatsoever, including,
but not limited to, developing, manufacturing and marketing products
or services incorporating such information.
You represent and warrant that you own or otherwise control all
of the rights to the content of your Submissions; that the content
is accurate; that use of the content you supply does not violate
any terms of this User Agreement and will not cause injury to any
person or entity; and that you will indemnify Cinema Perfecto or
its affiliates for all claims resulting from content you supply.
You agree that neither Cinema Perfecto nor its licensees will be
liable to you for any use of any Submission. Cinema Perfecto has
the right but not the obligation to monitor and edit or remove any
activity or content.
You acknowledge and agree that you are solely responsible for any
Submissions you submit to Cinema Perfecto or this Web site and further
agree that you, not Cinema Perfecto, have full responsibility for
the content of any such Submissions, including their legality, reliability
and appropriateness.
VIII. JURISDICTION AND CHOICE-OF-LAW.
Cinema Perfecto operates this Web Site from its offices located
in Santa Barbara, California, in the United States of America. Cinema
Perfecto makes no representations that the materials in this site
are appropriate or available for use in other locations. Those who
choose to access this Web Site from other locations do so at their
own risk and are responsible for compliance with any and all local
laws, if and to the extent local laws are applicable.
This agreement, and any dispute, which arises from and out of this
Web Site, shall be construed with the laws of the state of California.
Any legal action regarding this agreement or this Web Site shall
be brought only in either the State or Federal Courts located within
the State of California and by using this site you consent to personal
jurisdiction within these courts.
IX. INQUIRIES.
If you have any questions regarding any portion of this Agreement,
or if you wish to inquire, regarding rights of use not explicitly
granted herein, please direct questions via email to:
X.
TERMINATION.
Cinema Perfecto or you may terminate this Agreement at any time.
You may terminate this Agreement by destroying all materials obtained
from this Web Site. Cinema Perfecto may terminate this Agreement
immediately without notice if, in its sole judgment, you breach
any term or condition of this Agreement. Upon termination, you must
destroy all materials obtained from this Web Site.
XI. INTEGRATION.
This agreement constitutes the entire Agreement between you and
Cinema Perfecto and supersedes any prior oral or written arguments,
understandings, or other communications between parties. This Agreement
may not be modified except in writing signed by both you and an
authorized signatory of Cinema Perfecto.
XII. International Shipping.
Cinema Perfecto currently does not ship internationally. In the
event we make and exception note some manufacturers including Sony
and Yamaha restrict us from selling some of their products outside
the United States.
XIII. OTHER.
The headings in this agreement are for reference purposes only and
have no legal effect. If any portion of this agreement is void or
unenforceable in whole or in part, the remaining provisions of this
agreement shall remain in effect.
One or more patents may apply to this web site, including without
limitation: U.S. Provisional Patent Nos. 31828-2-1
XIV. EXPORT POLICY.
The goods sold on the Site are subject to the U.S. customs and export
control laws and regulations and may also be subject to the customs
and export laws and regulations of the country in which the products
are manufactured and/or received. You agree to abide by the applicable
laws, rules and regulations - including, but not limited to the
Export Administration Act and the Arms Export Control Act - and
you represent and warrant that you will not transfer, by electronic
transmission or otherwise, the goods to a foreign national or a
foreign destination in violation of the law.
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