aerialcinematography.com
Web Site Agreement
The aerialcinematography.com
Web Site (the "Site") is an online information service provided by
aerialcinematography.com, subject to your compliance with the terms
and conditions set forth below.
PLEASE READ THIS
DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET
FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. AERIALCINEMATOGRAPHY.COM MAY
MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL
BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright,
Licenses and Idea Submissions.
The entire contents of the Site
are protected by international copyright and trademark laws. The
owner of the copyrights and trademarks
are
aerialcinematography.com,
its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIAL
ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print
and download portions of material from the different areas of the
Site solely for
your own non-commercial use provided that you agree not to change or delete
any copyright or proprietary notices from the materials. You agree
to grant to aerialcinematography.com
a non-exclusive, royalty-free, worldwide, perpetual license, with the right
to sub-license, to reproduce, distribute, transmit, create derivative
works of,
publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new
or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to aerialcinematography.com
by all means
and in any media now known or hereafter developed. You also grant to aerialcinematography.com
the right to use your name in connection with the submitted materials and
other information as well as in connection with all advertising,
marketing and promotional
material related thereto. You agree that you shall have no recourse against
aerialcinematography.com for any alleged or actual infringement
or misappropriation of any proprietary
right in your communications to aerialcinematography.com.
TRADEMARKS.
Aerialcinematography.com
and/or any other names of aerialcinematography.com or its publications,
products, content or services referenced
herein or on the Site
are the exclusive trademarks or servicemarks of aerialcinematography.com.
Other product and company names mentioned in the Site may be
the trademarks of their
respective owners.
2. Use of the
Site.
You understand that,
except for information, products or services clearly identified
as being supplied by aerialcinematography.com, aerialcinematography.com
does not
operate, control or endorse any information, products or
services on the Internet in any way. Except for aerialcinematography.com-
identified
information, products or services, all information, products
and services offered through the Site or on the Internet generally
are offered by
third parties that are not affiliated with aerialcinematography.com.
You also understand that aerialcinematography.com cannot
and does not guarantee or warrant that files available for
downloading through the
Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible
for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input
and output, and for
maintaining a means external to the Site for the reconstruction
of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THE
SITE AND THE INTERNET. AERIALCINEMATOGRAPHY.COM PROVIDES
THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO
THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND AERIALCINEMATOGRAPHY.COM
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF
ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. AERIALCINEMATOGRAPHY.COM
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER
THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR
RISK. AERIALCINEMATOGRAPHY.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL
AERIALCINEMATOGRAPHY.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST
PRODUCTION TIME, PERSONAL INJURY OR LOSS OF LIFE, LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE,
OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF AERIALCINEMATOGRAPHY.COM
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, AERIALCINEMATOGRAPHY.COM'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
aerialcinematography.com makes no representations whatsoever
about any other web site which you may access through this one
or which may link to this Site.
When you access a non-aerialcinematography.com Web site, please
understand that it is independent from aerialcinematography.com,
and that aerialcinematography.com
has no control over the content on that Web site. In addition,
a link to a aerialcinematography.com Web site does not mean that
aerialcinematography.com endorses or accepts any
responsibility for the content, or the use, of such Web site.
3. Indemnification.
You agree to indemnify,
defend and hold harmless aerialcinematography.com, its officers,
directors, employees, agents, licensors,
suppliers and any third party
information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable
attorneys'
fees, resulting
from any violation
of this Agreement (including negligent or wrongful conduct)
by you or any other person accessing the Service.
4. Third Party
Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of aerialcinematography.com
and its officers, directors,
employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of these
individuals or entities shall have the right to
assert and enforce those provisions directly against
you
on its own behalf.
5.Term;
Termination.
This Agreement may be
terminated by either party without notice at any time
for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6. Crew Personnel
You
understand aerialcinematography.com lists crew personnel,
herein referred to as third party individuals or individuals,
for informational purposes only.
The information for resumes provided to aerialcinematography.com
is provided by the third party individuals requesting
to be listed on the Site. aerialcinematography.com
and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers
to
the Service are not liable for any damages
for lost production time, personal injury or loss
of life, loss of profits, damages to any equipment or
aircraft, business interuption, loss of programs or information
and the like resulting from malicious or otherwise
false and misleading information provided by the third
party individuals listed on aerialcinematography.com.
You
understand it is up to you to verify the accuracy
of information and credentials
of crew personnel listed on aerialcinematography.com.
Furthermore, crew personnel resume listings on aerialcinematography.com
in no way constitutes an endorsement
by aerialcinematography.com and its officers, directors,
employees, agents, licensors, suppliers, and any third
party information providers to the Service of said third
parties.
7.
Camera Mounts
You understand the information
provided on camera mounts and aerial filming systems is for informational purposes
only. aerialcinematography.com and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to the Service
are not liable for any damages for lost production time, personal injury or loss
of life, loss of profits, damages to any equipment or aircraft, business interuption,
loss of programs or information and the like resulting from camera mount or aerial
filming systems equipment failures, caused either by wrongful installation or
faulty camera mount or aerial filming system equipment.
8. Aircraft
You understand the information
provided on aircraft is for informational purposes only. aerialcinematography.com
and
its officers, directors, employees, agents,
licensors, suppliers, and any third party
information providers to the Service are not liable for any
damages for lost production time, personal injury or loss
of life, loss of profits, damages to any
equipment or aircraft, business interuption,
loss of programs or information and the like
resulting from faulty aircraft. Furthermore, you understand
that certain third party individuals listed on this
site obtain aircraft for film production
use and that aerialcinematography.com can in no way be held
responsible for the actions of these individuals should
they obtain aircraft that is not airworthy.
9.
Safety Bulletins
You understand the safety
bulletins listed on aerialcinematography.com are for informational
use only and should be verified for their
accuracy and most current
version. aerialcinematography.com and its
officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service
are not liable for any damages for lost
production time, personal injury or loss of life, loss of profits,
damages to any equipment or aircraft, business interuption,
loss of programs or information and the
like resulting from misuse or misinterpretation
of or typographical errors in said safety
10.
Miscellaneous.
This
Agreement shall all be governed and construed in accordance
with the
laws of the State of California applicable
to agreements made and to be performed
in California. You agree that any legal
action or proceeding between aerialcinematography.com
and you for any purpose concerning this
Agreement or the parties' obligations
hereunder shall be brought exclusively
in a federal or state court of competent
jurisdiction sitting in California. Any
cause of action or claim you may have
with respect to the Service must be commenced
within one (1) year after the claim
or cause of action arises or such claim
or cause of action is barred. aerialcinematography.com's
failure to insist upon or enforce strict
performance of any provision of this
Agreement shall not be construed as a
waiver of any provision or right. Neither
the course of conduct between the parties
nor trade practice shall act to modify
any provision of this Agreement. aerialcinematography.com
may assign its rights
and duties under this Agreement to any party at any time without
notice to you. |