If
you do not agree to the Terms of Use, please discontinue
using the site immediately!
By using this site, you signify your Assent and Agreement
to these Terms of Use. If you do not agree to these Terms
of Use, please
do not use the site.
Please check this Agreement periodically for changes
as Bogwood Films, Inc. reserves the right to revise this Agreement
and your continued
use of this site following the posting of any changes to
the Agreement constitutes
acceptance of such changes. Bogwood Films, Inc. reserves the
right to terminate a User's use of this site at any time without
notice
and may do so for
any breach of this Agreement or the instructions on this
site by User. This Agreement applies to licensors and advertisers
as well.
Restrictions on Use of Materials
Except as may be explicitly permitted through this site,
you agree not to save, download, cut and paste, sell,
license, rent, lease,
modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit, or
create derivative works
from materials,
code or content on or from this site. Systematic retrieval
of data or other content from this site to create or
compile, directly or indirectly,
a collection, compilation, database or directory without
written permission from Bogwood Films, Inc. is prohibited.
In addition, use of the content or
materials for any purpose not expressly permitted in
this Agreement is prohibited.
Database Ownership, License, and Use
Except with regard to personal information, all information
which you post on this site or communicate to Bogwood
Films, Inc. through this site (collectively "Submissions")
shall forever be the property of Bogwood Films, Inc. Bogwood
Films, Inc. shall not treat any
submission
as confidential and shall not incur any liability
as a result of any similarities that may appear in future
Company services or products.
Without limitation, Bogwood Films, Inc. shall have
exclusive ownership of
all present and future existing rights to any Submission
of every kind and nature everywhere. You acknowledge that
you are fully
responsible
for the message, including its legality, reliability,
appropriateness, originality and copyright. You hereby represent
and warrant
that your Submission does not infringe the rights of any third
party.
Trademarks
Bogwood Films, Inc.'s, licensors' or other third party
materials, services or products referenced
on this site are common
law or registered trade marks or service marks
of such parties.
Third party sites
You may be transferred to online merchants
or other third party sites through links
or frames from this site. You are cautioned to read
such sites' Terms and Conditions and/or
Privacy Policies before using such sites in order
to be aware of the
terms
and conditions of your
use of such sites. These sites may contain
information
or material that is illegal, unreasonable
or that some people may find
inappropriate
or offensive. These other sites are not
under the control of Bogwood Films, Inc., are not monitored
or reviewed by Bogwood Films, Inc., and Bogwood Films, Inc.
is not aware of the contents of such sites.
You acknowledge that Bogwood Films, Inc. is
not responsible for the accuracy,
copyright compliance, legality,
decency, or any other aspect of the contents
or any transmissions received through such
sites. The
inclusion
of
such a
link or frame does not imply
endorsement of this site by Bogwood Films, Inc.,
its advertisers
or licensors, any association with its
operators and is provided solely for your convenience.
You agree that Bogwood Films, Inc. and its licensors
have no liability whatsoever from such
third party sites and your usage of them.
Disclaimer of warranties
Bogwood Films, Inc., its advertisers and licensors
make no representations or warranties
about this site, the suitability of the information
contained on or received through use
of this site,
or
any services or products
received through this site. All information
and use of this site are provided "as is" without warranty of any kind. Bogwood Films, Inc.,
advertisers and/or its licensors hereby disclaim all warranties
with regard to this site, the information contained on or received through
use of this site and any services or products received through
this
site, including all express, statutory, and implied warranties
of merchantability, fitness for a particular purpose, title and non-infringement.
Bogwood Films, Inc.,
advertisers and/or its licensors do not warrant that the contents
or any information receive through this site are accurate, reliable
or
correct; that this site will be available at any particular
time or location; that any defects or errors will be corrected; or that
the
contents or any information received through this site is free
of viruses or other harmful components. Your use of this site is solely
at your
risk. User agrees that it has relied on no warranties, representations
or statements other than in this agreement. Because some jurisdictions
do not permit the exclusion of certain warranties, these exclusions
may not apply to you but shall apply to the maximum extent
permitted by law of your jurisdiction.
Limitation of liability
Under no circumstances shall Bogwood Films, Inc.,
advertisers and/or its licensors
be liable for any direct, indirect, punitive, incidental,
special, or consequential damages
that result from,
or arise out of the use of, or inability
to use, this site, the information
contained on or received through use of this site,
or any services or products received
through this site.
This limitation applies whether
the alleged
liability is based on contract, tort,
negligence, strict liability, or
any other basis, even
if
Bogwood Films, Inc., advertisers and/or
its licensors have been advised of the possibility
of such
damage. Because some jurisdictions
do not allow the exclusion or limitation of incidental
or consequential
damages, Bogwood Films, Inc., advertisers
and/or
its
respective
licensors' liability in such jurisdictions
shall be
limited to the maximum extent
permitted by law of your jurisdiction.
Indemnification
You agree to defend, indemnify, and
hold harmless Bogwood Films, Inc.,
its advertisers, licensors, subsidiaries
and other affiliated companies, and their employees,
contractors, officers, agents
and directors
from
all liabilities, claims, and
expenses, including attorney's fees, that
arise from your use
of this site, or any
services,
information or products
from this site, or any violation
of this
Agreement. Bogwood Films, Inc. reserves
the right; at it own
expense, to assume the
exclusive defense and control
of any matter otherwise subject
to indemnification by you, in which
event you shall cooperate
with Bogwood Films, Inc. in asserting
any available defenses.
Legal compliance
Bogwood Films, Inc. may suspend or
terminate this Agreement
or User's use immediately
upon receipt of any notice
which alleges that
User has
used this site for any purpose
that violates any local,
state, federal or law of other
nations, including but not
limited to the posting of
information that may violate
third party rights, that
may defame a third party,
that may be obscene or pornographic,
that may harass or assault
others, that may violate
hacking or other criminal regulations,
etc. Of its agents,
officers, directors, contractors
or employees. In such
event, Bogwood Films, Inc. may
disclose the
User's identity and contact
information, if requested
by a government or law enforcement
body or
as a result
of a subpoena or other legal
action, and Bogwood Films, Inc.
shall not be liable for damages or
results thereof and
User agrees not to bring
any action or claim against Bogwood Films, Inc.
for such
disclosure.
Choice of law and forum
This site (excluding third
party linked sites) is
controlled by Bogwood Films, Inc. from its offices
within the State
of Washington, U.S. of
America. It
can be
access from all 50 states
as well as from
other countries
around the world to the
extent permitted by site. As each
of
these places has laws that
may differ from Washington, by
accessing this site, both
you and Bogwood Films,
Inc. agree that the statues and laws of Washington
shall apply to any
actions or claims arising
out of or
in relation to this Agreement
or your use of this site,
without regard
to conflicts of laws principles
thereof. You and Bogwood
Films, Inc. also agree and hereby submit
to the filing of any claim
only in the exclusive
personal
jurisdiction and venue
of Washington and any legal proceedings
shall be
conducted in English.
Bogwood Films, Inc. makes
no representation that materials
on this site are appropriate
or available for use in
other locations,
and
accessing
them from territories where
their contents are illegal
is prohibited. This Agreement
shall not be
governed
by the United
Nations
Convention on
Contracts for the Sale
of Goods.
Miscellaneous
These Terms of Use will
apply to every access
to Bogwood Films, Inc.. Bogwood Films, Inc. reserves
the
right to issue revisions
to these Terms of Use
by publishing a revised version
of this document
on this
site:
that version will then
apply to all use by
you following the date
of publication. Each
access of information from Bogwood Films, Inc. will
be
a separate, discrete
transaction based
on the then prevailing
terms.
These Terms of Use
shall be governed by, construed
and enforced in accordance
with the laws of Washington,
as it is applied to
agreements entered into and to be
performed entirely
within such jurisdiction.
To the extent you have
in any manner violated
or threatened to
violate Bogwood Films, Inc. and/or its affiliates'
intellectual property
rights,
Bogwood Films, Inc.
and/or
its affiliates may
seek injunctive
or other appropriate
relief in any state
or
federal court in
the State of Washington, and
you consent to exclusive jurisdiction
and venue in such
courts.
Any other disputes
will be resolved
as follows:
If a dispute arises
under this agreement,
we agree to first
try to resolve it with the
help of a mutually
agreed-upon
mediator
in the following
location:
King County,
State of Washington. Any costs
and fees other
than attorney fees associated
with the
mediation
will be shared
equally by each of us.
If it proves impossible
to arrive at
a mutually satisfactory solution
through mediation,
we agree
to
submit the dispute
to binding arbitration
at the
following
location: King County, State
of Washington,
under the rules
of the American
Arbitration Association.
Judgment upon
the award rendered
by the arbitration
may
be
entered in any
court with jurisdiction
to do
so.
If any provision
of this agreement
is void or
unenforceable
in whole or
in part, the remaining
provisions
of this Agreement shall
not be affected
thereby.
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