Terms Of Use

TERMS AND CONDITIONS OF USE

Effective: Aug 31, 2011

These terms and conditions (this %u201CAgreement%u201D) apply to your use of this website (the %u201CSite%u201D) operated by or on behalf of Mimran-Schur Pictures, LLC (%u201CMimran-Schur%u201D, %u201Cwe%u201D, %u201Cus%u201D and %u201Cour%u201D). Regardless of how you decide to use this Site, your conduct on this Site is governed by this Agreement, and by using this Site you agree to be bound by this Agreement. If you do not agree to this Agreement, do not access or use this Site.

1. Modifications
We reserve the right to change, modify or amend this Agreement from time to time. If we make any material changes, we will post notice of the material changes and the amended version of this Agreement on this Site at least 30 days prior to their taking effect. If you are a registered user, we will also send you a copy to the email address that we have on file for you. It is therefore very important if you are a registered user that you notify us if your email address changes. If you do not agree with the changes, you should not access or use this Site after a new version of this Agreement takes effect. Your use of this Site constitutes your consent to be bound by the terms of the Agreement in effect at the time you use this Site. Accordingly, if you continue to use this Site after a new Agreement takes effect you will be deemed bound by the terms of the amended Agreement. You are responsible for regularly reviewing this Agreement and familiarizing yourself with any material changes that we send you as a registered user and post on this Site 30 days prior to the time they take effect.
2. Privacy
See our Privacy Policy to understand how we collect and use your information. If you do not want your information used as outlined in our Privacy Policy you should not use this Site or any other website operated by us.
3. Your Use of this Site and Affirmative Representations
By entering into this Agreement and using this Site, you represent and warrant that: (a) your use of this Site will not violate any applicable law or regulation; (b) you are 13 years of age or older; and (c) you will comply with the obligations and restrictions set forth in this Agreement.
4. User Conduct
You represent and warrant that while using this Site you will not:
(i) impersonate or misrepresent your affiliation with any other person or entity;
(ii) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through this Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
(iii) engage in spamming or flooding; or
(iv) attempt to gain unauthorized access to other computer systems through this Site.
5. Site Offerings
We may make certain services available to visitors of this Site. We may suspend or terminate access to the Site Offerings at anytime as further described in Section 8.
6. Ownership of Materials
This Site and its entire contents (collectively, the %u201CMaterials%u201D), including, but not limited to, the text, information, material, software and graphics contained on this Site, are owned by us, our affiliates or our or their licensors or licensees. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. We make no proprietary claim to any third-party names, trademarks or service marks appearing on this Site. Any third-party names, trademarks, and service marks are the properties of their respective owners. The Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without our prior written permission, however, you may download one (1) copy of the Materials on a single computer only for your personal, non-commercial, internal use. You may not (a) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental; (b) decompile, reverse engineer, or disassemble software materials; (c) remove any copyright notice or other proprietary notices from the Materials; or (d) transfer the materials to another person.
7. Indemnity
You agree to defend, indemnify and hold us, our directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys%u2019 fees, arising in any way from your use of this Site.
8. Termination of Access; Changes to this Site
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART OF IT, OR TO CHANGE, SUSPEND OR DISCONTINUE ANY ASPECT OF THIS SITE FOR ANY REASON OR NO REASON AT ALL, AT ANY TIME, WITH OR WITHOUT NOTICE.
9. Disclaimer of Warranties
THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION, SOFTWARE, SERVICES, GRAPHICS, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS; ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, THAT THE CONTENT WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THIS SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THIS SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.
10. Limitation of Liability
BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND THAT IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED TO IT, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF WE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL WE BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE.
11. Links to Third Party Sites
This Site contains links to third-party websites that are not controlled by us or our affiliates. We do not make any representations and warranties, express or implied, regarding the content of any of these third-party websites. These links do not constitute or imply an endorsement, authorization or, sponsorship by or affiliation with us with respect to any third party, any third party%u2019s website, the content of any third party%u2019s website, or any products or services provided by a third party.
12. Other Countries
We control and operate this Site from our offices in the United States of America. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no claims that the content of this Site is appropriate outside of the United States.
13. Governing Law and Jurisdiction
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than California. By using this Site, you consent to the exclusive jurisdiction of state and federal courts located in Los Angeles County, California for any action arising out of or relating to this Agreement or your use of this Site.
14. Independent Contractors
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.
15. Non-Waiver
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
16. Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
17. Assignment
This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate this Agreement and our rights and obligations without consent.
18. Entire Agreement
This Agreement supersedes all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to this Site, this Site%u2019s contents and any services provided on this Site, including amendments to this Agreement that are not posted on this Site and that do not fall under Section 1 (Modifications). In the event of any conflict between this Agreement and any other agreement or understanding related to this Site, this Agreement shall control.
Contact lpettit@mimranschurpictures.com with questions or concerns.