Terms of Service
IMAGEWORKS, INC. AND CINEMOTI.COM
WEBSITE TERMS OF USE
Please read these Terms of Use carefully before accessing or using this site (the "Website").
USER AGREEMENT
By accessing or using this Website in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that Imageworks, Inc. ("CineMoti") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, please do not access or use this Website.
CineMoti may change these Terms of Use and other guidelines and rules posted on the Website from time to time. Your continued access or use of the Website constitutes your acceptance of such changes. If you breach any of the Terms of Use, your access to this Website shall be terminated.
1. INTELLECTUAL PROPERTY
All video and other content on this Website (collectively, "Content") are protected by copyright, trademark, and other proprietary rights (collectively, "Intellectual Property Laws"). Any unauthorized use of any Content may violate such laws and the Terms of Use. Except as expressly provided herein, CineMoti does not grant any express or implied permission to use any Content. You agree not to copy, download, sell, assign, distribute, license, sublicense any of the Content.
2. USE OF CONTENT
Content will only be made available to users who pay CineMoti a fee for such Content, unless otherwise stated or arranged. Then you may download, distribute, display and/or copy said Content FOR YOUR USE ONLY. This Content CANNOT be resold or licensed to others under any circumstances.
In the case that a watermark exist on any Content, you may not remove it or any copyright notices contained within.
CineMoti reserves the right to revoke a license at any time for any reason.
3. REFUNDS
CineMoti Content is all digital and downloadable, thus purchases are non-refundable. The only exception would be in the case of a technical flaw within the Content itself, as solely determined by CineMoti.
4. TRADEMARKS
For the purposes of these Terms of Use, "Trademark(s)" means all common law or registered trademarks, logos, trade names, service marks used now or in the future by CineMoti. Nothing contained herein grants you any rights to use any CineMoti Trademark, unless expressly stated by these Terms of Use.
You agree that you will not use CineMoti's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or CineMoti.
The design of the CineMoti website, including all custom graphics and actual code, are the trademark or service mark of CineMoti and may not be copied, imitated or used, in whole or in part, without the prior written consent of CineMoti.
All other trademarks, product names, and company names or logos used or appearing on the CineMoti website are the property of their respective owners. Reference to any products, services, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CineMoti, unless expressly stated.
5. COPYRIGHT INFRINGEMENT CLAIMS
If you believe that any Content made available by CineMoti infringes upon any copyright that you own or control, you may notify ImageWorks, Inc. in writing:
ImageWorks, Inc.
Attn: CineMoti Copyrights
25 Highland Park Village
Ste. 100-528
Dallas, Texas USA 75205
6. LIMITATIONS
You agree that you shall not; (1) engage in any conduct that constitutes a violation of any law or that infringes the rights of CineMoti or any third party; (2) violate any applicable laws or regulations related to the access to or use of the Website, or engage in any activity prohibited by the Terms of Use; (3) violate the rights, including intellectual property rights, rights of privacy or rights of publicity, of CineMoti or any third party by threatening, defamatory, offensive, abusive or illegal conduct or speech.
7. RESTRICTION AND TERMINATION OF USE
CineMoti may block, restrict, disable, suspend or terminate your access to all or part of the Website and Content at any time at CineMoti's discretion, without prior notice or liability to you.
8. LINKS TO THRID-PARTY SITES
In the event that CineMoti provides links from its website to any 3rd party website or permits any 3rd party to link from its website to ours, CineMoti makes no warranty of any kind, expressed or implied, and accepts no responsibility for any content or practices of said 3rd party or their website. CineMoti provides and/or allows these links only as a convenience to you. The inclusion of any links does not imply affiliation or endorsement by CineMoti.
9. WARRANTIES AND DISCLAIMERS
This website, services and its content, are provided by CineMoti under these Terms of Use “as is” with no warranty of any kind, either expressed or implied. CineMoti makes no warranty that; (1) the website will meet your requirements; (2) access to the website will be uninterrupted; (3) the quality of the website will meet your expectations; and (4) any errors or defects in the website, services or content will be corrected.
10. PRIVACY
CineMoti will use and protect your private information, such as your name and address, in accordance with the CineMoti Privacy Policy, the contents of which are incorporated by reference into these Terms of Use.
11. INDEMNIFICATION
You agree to defend, indemnify and hold harmless CineMoti, our officers, employees, subsidiaries, affiliates, licensors, agents, third party providers, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use or inability to use the CineMoti website, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the CineMoti trademarks, Content or your violation of any rights of another.
12. GOVERNING LAW AND JURISDICTION
This agreement is governed by and shall be construed in accordance with the laws of the State of Texas. Any and all disputes arising from or relating to this agreement shall be heard before the Texas courts located within the City of Dallas. If legal action is taken, a notice by registered mail or overnight courier with proof of delivery will be required by the pursuing party.