|
Terms of Service
This Web site
(the "Site") is owned and operated by Trancas International
Films within the United States. These terms of service or
"TOS" apply to and govern your use of this Site and the
Services (as defined below). Your use of the Site and/or any
Service signifies your agreement to be bound by these Terms of
Service and the Trancas International Films Privacy Policy (the "Privacy Policy"),
which is hereby incorporated by reference.
For purposes of the TOS, the following defined terms shall
have these meanings: (A) "Services" shall mean any and all
services on, or provided by, the Site, whether or not such
services are also provided or delivered by other means or
media such as software or wireless devices; (B) "Site" shall
mean this site; (C) "Site Content" shall mean any and all
human readable patent audio and/or visual elements of this
Site, created or owned by Trancas International Films, or third parties, including,
without limitation, any text, graphics, images, illustrations,
photographs, animations, video, audio or audiovisual works
(including, for example, without limitation, movie trailers or
episodic works), designs, logos, information, and other
content made available through the Site; (D) "Site Code" means
any and all underlying elements of the Site, including without
limitation, source code, script, object code, software,
computer programs, and other sets of statements and
instructions contained in the underlying Site; (E) "User
Account" means any account created by you, through a
registration process for the purpose of accessing or using
certain Services.
LICENSE TO USE THE SITE
Trancas International Films grants you a non-exclusive,
non-transferable, limited right and license to access, use and
privately display the Site and the Site Content as described
herein for your personal use only, by way of one (1) computer
connected to the Site over the Internet, provided that you
comply fully with these TOS. You may "cache" pages of the Site
for the sole purpose of increasing the speed and efficiency at
which you access the Site. Any other copy or use of a portion
of the Site is not authorized, will be a violation of these
TOS and will constitute a copyright violation. You shall not
interfere, or attempt to interfere, with the operation of the
Site in any way through any means or device, including, but
not limited to, spamming, hacking, uploading computer viruses
or time bombs, or any other means expressly prohibited by any
provision of these TOS or by law.
CHANGES TO SITE AND/OR TERMS OF SERVICE
Trancas International Films reserves the right, at its sole
discretion, to change, modify, add or remove any portion of
the Site, the Site Content, the TOS, and/or the Privacy
Policy, in whole or in part, at any time. Changes to the TOS
and Privacy Policy will be effective when posted. You agree to
review the TOS and Privacy Policy periodically to become aware
of any changes. Your use of the Site after any changes to the
TOS and/or Privacy Policy are posted will be considered
acceptance of those changes and will constitute your agreement
to be bound thereby.
OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY
The Site, Site Content, Site Code, and all copyrights,
trademarks, service marks, trade names and all other
intellectual property or property rights therein are
proprietary to Trancas International Films and are owned by
Trancas International Films and/or its licensors and content
providers, and are protected by applicable domestic and
international copyright laws. Unless expressly permitted in
writing by Trancas International Films, you shall not copy,
capture, reproduce, perform, transfer, sell, license, modify,
manipulate, create derivative works from or based upon,
republish, upload, edit, post, transmit, publicly display,
frame, link, distribute, or exploit in whole or in part the
Site, the Site Content or Site Code, or otherwise use the
Site, Site Content or Site Code on any other web site, other
networked computer environment, or in any medium now known or
hereafter developed (each, an "Unauthorized Use").
Any Unauthorized Use constitutes an infringement of the
copyrights and other proprietary rights of Trancas
International Films and/or its
licensors and content providers and constitutes a violation of
these TOS. Any violation of copyright laws may be subject to
severe civil and criminal penalties.
LINKED SITES
Trancas International Films sites may frame, and/or contain
links to or advertisements about, non-Trancas International
Films Web sites. Other sites may also reference, advertise, or
link to Trancas International Films sites. Trancas
International Films does not endorse or sponsor other Web
sites and is not responsible for the content of such sites.
Trancas International Films expressly disclaims any statements
or assertions made on non-Trancas International Films Web sites, and denies all
liability associated with your use of, and the content on,
such other sites and advertisements.
NON-UNITED STATES RESIDENTS
Trancas International Films makes no representation that the
Site Content, including merchandise offered for sale on the
Site, and their copyrights, trademarks, patents, and licensing
arrangements, are appropriate or available for use in
locations other than the United States of America. Those who
choose to access the Site from locations outside of the U.S.A.
do so on their own initiative and at their own risk, and are
responsible for compliance with local laws, if and to the
extent local laws are applicable. With respect to shipments of
merchandise to consumers, wherever they may reside, title to
the merchandise and risk of loss shall pass to the buyer upon
delivery of the merchandise to the common carrier.
JURISDICTIONAL ISSUES
The Site is controlled and operated by Trancas International
Films from its offices within the State of California, United
States of America. Use of this Site constitutes your consent
and submission to service of process under applicable United
States or California law and to personal jurisdiction in a
court of competent jurisdiction in the State of California for
the purposes of any legal action or claim pertaining to these
Terms of Service, or arising from the use of your User Account
and/or any Trancas International Films Site or Service.
COPYRIGHT NOTICE
If you believe that any Submissions or any Site Content has
been copied in a way that constitutes copyright infringement,
please forward the following information to the Copyright
Agent named below:
Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been
infringed;
The exact URL or a description of where the alleged infringing
material is located;
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;
An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright
owner's behalf.
Copyright Agent
2021 Pontius Avenue
2nd floor
Los Angeles, CA 90025
E-Mail:
CAagent@trancasfilms.com
By this notice, Trancas International Films seeks to preserve
any and all exemptions from liability that may be available
under the copyright law, but does not necessarily stipulate
that it is a service provider as defined in 17 USC Section
512c or elsewhere in the law of the United States or any state
or territory within the United States.
GOVERNING LAW; ARBITRATION
These Terms of Service shall be construed and enforced in
accordance with the laws of the State of California without
regard to the choice of law principles thereof. You agree that
any and all disputes or controversies of any nature between
them arising at any time shall be determined by binding
arbitration in accordance with the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") before a
single neutral arbitrator ("Arbitrator"). The Arbitrator shall
be an attorney or retired judge with at least ten (10) years
experience in the software industry and shall be mutually
agreed upon by you and Trancas International Films
(collectively, "the parties"). If the parties are unable to
agree on an Arbitrator, the Arbitrator shall be appointed by
the AAA. The fees of the Arbitrator shall be borne equally by
the parties, provided that the Arbitrator may require that
such fees be borne in such other manner as the Arbitrator
determines is required in order for this arbitration clause to
be enforceable under applicable law. The parties shall be
entitled to conduct discovery in accordance with Section
1283.05 of the California Code of Civil Procedure, provided
that (a) the Arbitrator must authorize such discovery in
advance based on findings that the material sought is relevant
to the issues in dispute and that the nature and scope of such
discovery is reasonable under the circumstances, and (b)
discovery shall be limited to depositions and production of
documents unless the Arbitrator finds that another method of
discovery (e.g., interrogatories) is the most reasonable and
cost efficient method of obtaining the information sought.
There shall be a record of the proceedings at the arbitration
hearing and the Arbitrator shall issue a Statement of Decision
setting forth the factual and legal basis for the Arbitrator's
decision. If neither party gives written notice requesting an
appeal within ten (10) business days after the issuance of the
Statement of Decision, the Arbitrator's decision shall be
final and binding as to all matters of substance and
procedure, and may be enforced by a petition to the California
Superior Court, which may be made ex parte, for confirmation
and enforcement of the award. If either party gives written
notice requesting an appeal within ten (10) business days
after the issuance of the Statement of Decision, the award of
the Arbitrator shall be appealed to three (3) neutral
arbitrators (the "Appellate Arbitrators"), each of whom shall
have the same qualifications and be selected through the same
procedure as the Arbitrator. The appealing party shall file
its appellate brief within thirty (30) days after its written
notice requesting the appeal and the other party shall file
its brief within thirty (30) days thereafter. The Appellate
Arbitrators shall thereupon review the decision of the
Arbitrator applying the same standards of review and all of
the same presumptions) as if the Appellate Arbitrators were a
California Court of Appeals reviewing a judgment of the
California Superior Court, except that the Appellate
Arbitrators shall in all cases issue a final award and shall
not remand the matter to the Arbitrator. The decision of the
Appellate Arbitrators shall be final and binding as to all
matters of substance and procedure, and may be enforced by a
petition to the California Superior Court, which may be made
ex parte, for confirmation and enforcement of the award. The
party appealing the decision of the Arbitrator shall pay all
costs and expenses of the appeal, including the fees of the
Appellate Arbitrators and the reasonable outside attorneys'
fees of the opposing party, unless the decision of the
Arbitrator is reversed, in which event the expenses of the
appeal shall be borne as determined by the Appellate
Arbitrators. The Arbitrator shall have the power to enter
temporary restraining orders, preliminary and permanent
injunctions. Prior to the appointment of the Arbitrator or for
remedies beyond the jurisdiction of an arbitrator, at any
time, either party may seek pendente Lite relief in a court of
competent jurisdiction in Los Angeles County, California
without thereby waiving its right to arbitration of the
dispute or controversy under this section. All arbitration
proceedings (including proceedings before the Appellate
Arbitrators) shall be closed to the public and confidential
and all records relating thereto shall be permanently sealed,
except as necessary to obtain court confirmation of the
arbitration award. The provisions of this paragraph shall
supersede any inconsistent provisions of any prior agreement
between the parties.
Nothing in this paragraph shall prevent either party from
seeking interlocutory and/or injunctive relief from a court of
competent jurisdiction pursuant to the preceding paragraph.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH
RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO
THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND
INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
SEVERABILITY
If any provision of the TOS shall be held unlawful, void, or
for any reason unenforceable, then that provision shall be
deemed severable from these Terms of Service and shall not
affect the validity and enforceability of any remaining
provisions.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, rules and
regulations in connection with your activities under this TOS,
including without limitation the applicable regulations of the
U.S. Department of Commerce and the United States Export
Administration Act, as amended to assure that the Site
Content, Site Code, and the Software are not exported in
violation of the United States laws.
Effective Date: July 1, 2008
|
