Terms Of Using Website (Agreement)
1. Introductory Terms
“We,” “Us,”or “Supplier” means the Administration of the Site. Accordingly pronouns such as “Us,” “We,” “Our,” “Ours,” etc., are referring to the Website or just a Site.
“You,” means the User – As a User of this Website. Hereinafter, the User of the Website shall be referred to in applicable second-person pronouns.
“Materials” means the visual and textual information intended for viewing and sale on our Website.
The “ Video clip” means a short film on the Website intended for sale.
Welcome to Our Website’s Agreement The provisions of this Agreement will govern Your use of Our Website, and before taking any action on the pages of our website, please carefully read all the terms of this Agreement. If after reading this Agreement You’ll have any questions, please ask them in writing via e-mail email@example.com
3. Acceptance and Affirmation
You must agree to all of the terms in this Agreement before using the Website. If You fail to agree to the terms in this Agreement, You acknowledge that You are an unauthorized User of Our Site, despite any payments You made on it. In that case you must leave this Website. If You fail to do so, You are still bound by the terms of this Agreement and you agree to acknowledge yourself a violator of this Agreement and must pay to Us 200 US $ as a fine for each subsequent use of the Site.
4. Special restrictions regarding minors
User of our Site must have attained the age of majority in Your jurisdiction. You warrant that You are at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction. If you have not reached the age which is considered adult in Your country You must immediately leave this website.
5. The provisions relating to Content
5.1 You understand and accept that Our Site and Services were created for amusement and recreational purposes.
5.2 You understand and accept that all content intended for sale at our Website is fiction. All the actions in the Video clips have been played by the actors. Everything You see as a weapon is fake. The blood You can see in some clips is artificial and designed to enhance the viewing experience of the Video clip.
5.3 You acknowledge and stipulate that some of the Materials are expressive content. If You feel that any Material on the Website may be offensive to You – immediately leave our Website.
5.4 You agree that You are accessing this Website specifically because You like such expressive content and You wish to view such Materials. You warrant that You access this Website freely, voluntarily, and willingly, and for Your own personal enjoyment.
6. The condition of non-infringement of copyright
6.1 This Website belongs to Us, and We either own or have full rights to display all of the Materials thereupon.
6.2 We declare that all Materials posted on our Website are our intellectual property and We aggressively enforce Our intellectual property rights. Any infringement will be prosecuted to the fullest extent of the law.
6.3 You agree that You will only use the Website for purposes expressly contemplated by this Agreement. You may not use the Website for any other purposes including the following:
6.3.1. Duplicate, reverse-engineer, decompile, disassemble. This applies both to individual parts of the Site and the Site as a whole.
6.3.2 To purchase Video clips on our Website for further dissemination with the aim of commercial gain, for any public display without Our express prior written authorization.
6.3.3 Create any derivative works based on the Website or any of the Materials contained therein.
6.3.4 Remove, retouch, modify in any way any copyright or other notices from our Website or any of the Materials contained therein.
6.3.5 To pass Materials, purchased on our Website to third parties if you are aware of their plans that will lead to breach p.p. 6.3.1, 6.3.2, 6.3.3, 6.3.4 of this Agreement. In Our sole discretion we may assign any such damage claim to a third party who has been wronged by Your conduct.
6.4 In the event that such violation causes any legal, emotional or commercial harm to Us, You agree that You shall pay five thousand dollars ($ 5,000.00) as a penalty.
6.5 You additionally agree that You will reimburse Us for all fees incurred if We are required to enlist the assistance of an Attorney and also other extensive legal fees, travel expenses, costs that may atone amount of money as the penalty themselves. You agree that You will pay all of these fees and costs.
7. The provisions relating to Refunds
7.1 Due to the nature of the relationship between Us as a Supplier of visual information and You as a User of this information we uphold a no refund policy. In the event the purchased media or content is faulty or damaged it can go about exchanges this Video only.
7.2 In the event the purchased media or content is faulty or damaged it will be exchanged within seven (7) days.
7.3 Media credit purchases are non-refundable. Users should be sure of the correctness their order before purchasing the media or content from our Website. Prior to submitting Your order for processing and billing, please ensure that You do not order the same clips twice.
8.1 Notices by Users to Us shall be given by electronic messages via e-mail firstname.lastname@example.org
8.2 We welcome your comments, suggestions and advice if they lead our Website to improvement and progress, but we hope for Your understanding that we cannot every time we receive Your message to give an answer or to join the discussion.
9. Force majeure
We shall not be responsible for any failure to perform due to unforeseen circumstances, namely those which we can neither take into account nor prevent, including but not limited to: natural disasters, war, acts of civil or military authority, or terrorism, failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Site’s performance.
10. Provisions relating to disputes and litigation
10.1 This Agreement and all matters arising out of, or otherwise relating to this Agreement shall be governed by the laws of the state of Delaware. Any litigation permitted under this Agreement must be brought to court and litigated in New Castle County, Delaware.
10.2 You agree that if there is a dispute between the Parties arising out of or otherwise relating to this Agreement, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute to avoid litigation.
10.3 If the Parties are unable to resolve the dispute through direct negotiations, then the conflict is resolved as outlined below:
10.3.1 The parties agree to exclusive jurisdiction in New Castle County, Delaware.
10.3.2 Any final judgment rendered against a party in any action or proceeding shall be final and may be applied in other jurisdictions in any manner provided by law.
10.3.3 If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision will be enforced to the maximum extent permissible and all other terms of this Agreement will continue in full force and effect.
10.4 We can’t claim that the Website or any of the Materials contained therein are available for use in other locations and those who decide to access the Website from such locations, do so on their own initiative and are solely responsible for determining compliance with all applicable local laws.