CIMA Films Terms of Use Agreement
Welcome to the Cima Films website. By browsing this website (“Website”), you agree that you have entered into and accept, without limitation or qualification, the contract set forth in the terms of use (“Terms and Conditions”) of this Website. If you do not accept the Terms and Conditions, please discontinue use of the Website immediately. This Website is owned and operated by Cima Films, Inc. (the “Company”). Your use, in anyway, of this Website is subject to the following Terms and Conditions.
USE OF WEBSITE
All those using the Website (the “User”) shall be able to utilize the Company Website contingent upon the User’s acceptance of the following and adhering to the fact that a User shall not transmit, through the Website, any defamatory, threatening, harmful, or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law and regulation. In addition, a User shall not download any content, without written permission from the Company and/or upload any code, virus or other harmful material that affects the normal function and operation of the Website. The Company reserves the right, in its sole discretion, to amend these Terms and Conditions, modify, add or remove any element, material, and/or feature of the Website. Such modifications, changes, and/or deletions shall become effective as of the date and time posted. Continued use of the Website by you shall constitute your binding acceptance to all content, and/or modifications, changes, and/or deletions to the Terms and Conditions. The Website is owned and maintained by the Company and all material or content contained within the Website was provided in whole or in part by the Company or one of its affiliates. Such material is protected by trademark, copyright and other applicable laws. A User may not change, duplicate, reuse, upload/download, display, prepare or derive any works based on, or reproduce in any way any material from the Website. Users may copy and/or download pictures or other relevant materials from the Website for all non-commercial/personal use with the understanding that all actions performed by User adhere to all laws listed above. The Company neither warrants nor represents that your use of the Website will protect you from infringing on any third party copyright, trademark, or other law from any other company that may be represented on the Website.
DISCLAIMERS & LIABILITY
Users understand and agree that the Website, the Company, any of its affiliates, and all respective employees (herein, “Released Parties”) shall not be held responsible or liable to User for damages of any kind, without limitation direct or indirect, arising from the use of the Website and all content and intellectual property related to the Website and shall be understood as “With All Faults” and without warranties of any kind, whether caused in whole or in part by negligence, acts of God, communication errors, or any theft or destruction. Some jurisdictions do not permit the above listed exclusions or the implied warranties and therefore shall not apply to those jurisdictions only. For more information on User rights, contact your jurisdiction. The Company makes no guarantees or warranties whatsoever regarding the accuracy, completeness, updates,information, facts, view points and opinions contained within the Website or related material. While the Website is well protected, security breaches can and do happen, resulting in viruses, worms, spyware, or other harmful items that can reach the User. The User hereby warrants and represents that the Company is not responsible for any resulting damage to any hardware or software resulting from usage of the Website due to one of these or any other now known or unknown, security breaches. User shall also note that sending of all emails to the Website or its affiliates is not secure and User should be aware of this before using email or the contact form feature.
OWNERSHIP
All materials contained now or anytime in the future on the Website, including, but not limited to logos, promotional materials, written content, images, illustrations, audio clips and video clips, collectively known as (the “Content”) are protected by the copyright laws and all material trademarked shall be deemed the property of the Company and shall not be used for any purpose whatsoever, other than private, non-commercial viewing purposes. Duplication, copying, distribution, and any other unauthorized reproduction or use of the Website and/or Content is strictly prohibited. The company may change, remove or add any Content to the Website at anytime without notice and without liability.
USER INDEMNIFICATION & OBLIGATIONS
By using this Website, User agrees to defend, indemnify and hold harmless the Company and all affiliates and their respective officers and employees from and against any and all claims, losses, costs and expenses (including reasonable attorney fees) arising out of User’s use of the Website, or relating to a breach of User warranties, representations or any agreement hereunder or violation of these Terms or any law or use of this Website and/or the Content posted or transmitted through User’s computer that infringes on any copyright, trademark, privacy or other right of any person, any misrepresentation by User, and/or company’s use of User information. User will provide Company with full cooperation and reasonable defense to any claims made against Company.
USER’S RIGHTS
The Company respects the rights of all those using the Website and attempts to avoid infringing on any intellectual copyrights or trademarks held by the User. In the event that you believe that the Company has infringed on your copyright, please notify youssef@cimafilmsla.com with the following information:
1. A full description of the work you believed was infringed upon
2. Where the material is located on the Website
3. When you registered the same material, and where it is published.
4. A statement by you, enforceable to the full extent of the law, that you are the sole owner of the material in question or the written permission by the owner of the copyright or trademark that you may act upon their behalf.
SUBMISSION POLICY
Neither the Company, nor any of its subsidiaries, accepts unsolicited material for screenplays, television programs, theatrical plays, books, reels, or any other material directly or indirectly associated with the Company. This is strictly enforced and any unsolicited materials sent to the Company will be either returned unopened OR thrownaway/recycled. Any information sent to the Company using the Website, solicited or unsolicited shall be held and viewed as nonconfidential and non-proprietary and the Company will not be held responsible and/or liable for any use or disclosure. User hereby acknowledges and agrees that their relationship with the Company is not a confidential, fiduciary, or other special relationship, and that the decision to submit any material to Company does not place the Company in a position that is any different from the position held by members of the general public with regard to a User’s submission(s). User hereby waives any moral rights held in and to any of the submission(s). User also represents that any submission(s) are personally owned by the User, and do NOT infringe upon or violate the rights of any third parties and all personal rights associated with third party protection. Upon the Company’s request, User agrees to provide any and all documentation to prove and demonstrate ownership of the in question submission(s). The Company is under no obligation, in anyway, to use or accept any submission submitted via the Website or any other means. Finally, the User fully acknowledges that in regards to any claim, actual or alleged, arising from the use and/or production of a submission, the penalty, if any, shall not entitle the User to enjoin any stage of production or distribution of the project allegedly based on the submission, and remedies in any such event shall be strictly limited to the damages assigned by the legal system of the State of California.
JURISDICTION
The Company owns and operates the Website within the State of California, located in United States of America. All materials found within the Website or associated with the Website may not be lawful or accessible for use in other territories or regions. Access and use of the Website from regions where material is found to be illegal is strictly prohibited and User shall immediately close all applications associated with the Website. The Terms and Conditions here dictated and enforced are in accordance with the laws of the State of California and shall be governed by such laws. Any controversy or claim arising out of or in relation to Terms and Conditions and/or the use of the Website must be filled by the User, in English, to the County of Los Angeles, City of Los Angeles, State of California within ninety (90) days after the incident giving cause to this action, otherwise the cause shall be forever barred.
LINKED WEBSITES
The Company may offer links to third party websites not affiliated with the Company. External, or third party, websites are not protected by the Cima Films Terms and Conditions and the Company cannot be held responsible for any and all content contained within or associated with the companies that may be or become linked with the Website. Please refer to the linked companies’ terms and conditions and privacy policies for more information on your rights while visiting external websites.
CONTESTS AND SELF PROMOTIONS
The Company may, from time to time, use the Website to hold, promote, or advertise a contest or other promotion. In regards to any and all contests and promotions, separate rules and guidelines shall apply and should be viewed as independent of the current rules and regulations contained herein. The Company encourages Users to read all material associated with these contests and promotions in order to fully understand their rights.
EXECUTION OF TERMS AND CONDITIONS
Users are advised that the Company will aggressively enforce its rights to the fullest extent of the law. The Company is the sole determiner of Users compliance with respect to the Terms and Conditions set forth herein and shall use its own discretion when determining when a violation has occurred. Violations of these Terms and Conditions may result in denied access of the Website to a User, in part or in whole, and the Company may seek the assistance of local law enforcement. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions set forth herein, which will remain in full force and effect. Titles and section headings are for convenience only and have no legal or contractual effect.