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Your use of the www.cinebasti.com website (the "Website") is subject to these
Website Terms of Use (these "Terms of Use"). By using the Website, you agree to
be bound by, and use the Website in compliance with, these Terms of Use. IF YOU
DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE.
The terms "you," "your," and "yours" refer to you, the visitor to the Website.
The terms "CineBasti," "we," "us," and "our" refer to the website www.cinebasti.com.
We may periodically make changes to these Terms of Use. It is your
responsibility to review the most recent version of these Terms of Use
frequently and remain informed of any changes to it. You agree that your
continued use of the Website after such changes have been published to the
Website shall constitute your acceptance of such revised Terms of Use.
License to Use the Website
Subject to these Terms of Use, we grant to you a limited, personal,
non-exclusive, non-transferable license to use the Website for your personal use
and not for resale or further distribution. Your right to use the Website is
limited by the terms set forth in these Terms of Use.
Except for this license granted to you, we retain all right, title, and interest
in and to the Website, including all related intellectual property rights. The
Website is protected by applicable intellectual property laws, including United
States copyright law and international treaties.
Except as otherwise explicitly provided in these Terms of Use or as may be
expressly permitted by applicable law, you will not, and will not permit or
authorize third parties to: (a) reproduce, modify, translate, enhance,
decompile, disassemble, reverse engineer, or create derivative works of the
Website; (b) rent, lease, or sublicense access to the Website; nor (c)
circumvent or disable any security or technological features or measures of the
Website.
Access to the Website; Modifications to the Website
We do not provide you with the equipment to access the Website. You are
responsible for all fees charged by third parties to access the Website (e.g.,
charges by internet service providers).
We reserve the right to modify or discontinue, temporarily or permanently, all
or a part of the Website without notice. We will not be liable to you or to any
third party for any modification, suspension, or discontinuance of the Website.
We also reserve the right, in our sole discretion, to reject, refuse to post, or
remove any posting (including private messages) by you, or to restrict, suspend,
or terminate your access to the Website at any time, for any or no reason, with
or without prior notice, and without liability.
You must be 18 or older to register as a user or to use the Website.
Restrictions
You must comply with all applicable laws, including U.S. export control laws,
when using the Website. Except as may be expressly permitted by applicable law
or authorized by us in writing, you will not, and will not permit anyone else
to: (a) store, copy, modify, distribute, or resell any of the information;
audio, visual, and audiovisual works; or other content made available on the
Website ("Website Content") or compile or collect any Website Content as part of
a database or other work; (b) use any automated tool (e.g., robots, spiders) to
use the Website or store, copy, modify, distribute, or resell any Website
Content; (c) rent, lease, or sublicense your access to the Website to another
person; (d) use the Website or Website Content for any purpose except for your
own personal use; (e) circumvent or disable any digital rights management, usage
rules, or other security features of the Website; (f) use the Website in a
manner that threatens the integrity, performance, or availability of the
Website; or (g) remove, alter, or obscure any proprietary notices (including
copyright notices) on any portion of the Website or Website Content.
Privacy Policy
We collect registration and other information about you through the Website. Our
collection and use of this information is governed by our Privacy Policy
available at
http://www.cinebasti.com/Privacy.
Links and Third Party Content
The Website may contain links to third party products, services, and websites.
We exercise no control over the third party products, services, and websites and
we are not responsible for their performance, do not endorse them, and are not
responsible or liable for any content, advertising, or other materials available
through the third party products, services, and websites. We are not responsible
or liable, directly or indirectly, for any damage or loss caused to you by your
use of or reliance on any goods or services available through the third party
products, services, and websites.
Password Restricted Areas of the Website
Certain areas of the Website may be password restricted to registered users
("Password-Protected Areas"). If you have registered as an authorized user to
gain access to these Password-Protected Areas, you agree that you are entirely
responsible for maintaining the confidentiality of your password, and agree to
immediately notify CineBasti if the password is lost, stolen, disclosed to an
unauthorized third party, or otherwise may have been compromised. You agree that
you are entirely responsible for any and all activities that occur under your
account, whether or not you are the individual who undertakes such activities.
Submissions
Users of the Website may have the opportunity to post information to the
Website, including reviews,comments and links to external/3rd party websites. Any opinions, advice, statements,
services, offers, or other information that constitutes part of the content
expressed or made available by third parties on the Website are those of the
respective authors or producers and not of CineBasti, or its shareholders,
directors, officers, or employees.
CineBasti does not control the content posted by third parties via the Website
and, as such, does not guarantee the accuracy, integrity or quality of such
content. You understand that by using the Website, you may be exposed to content
that is offensive, indecent or objectionable. Under no circumstances will
CineBasti, its shareholders, directors, officers, directors, or employees be held
liable for any loss or damage caused by your reliance on information obtained
through the Website. It is your responsibility to evaluate the information,
opinion, advice, or other content available.
You agree that CineBasti is free to use any comments, information, ideas,
concepts, reviews, or techniques or any other material contained in any
communication you may send to us (each, a "Submission"), including, without
limitation, responses to questionnaires or through postings to the Website
without further compensation, acknowledgement or payment to you for any purpose
whatsoever including, but not limited to, developing, manufacturing and
marketing products and creating, modifying or improving the Website and our
products and services. Furthermore, by posting any Submission on the Website,
submitting information to us, or in responding to questionnaires, you grant us a
perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable,
worldwide license and right to display, use, perform, reproduce, modify,
distribute and create derivative works of the Submission or information
submitted in any media, software, or technology of any kind now existing or
developed in the future. By posting or providing a Submission or information,
you represent and warrant that public posting and use of your Submission or
information by CineBasti will not infringe on or violate the rights of any third
party.
Use Restrictions
You are solely responsible for any content and other material that you submit,
publish or display on the Website or transmit to other members and/or other
users of the Website.
You will not use the Website to: (a) upload, post, email, or otherwise transmit
any Submission that contains unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable; (b) harm CineBasti or
third parties in any way; (c) impersonate any person or entity, or otherwise
misrepresent your affiliation with a person or entity; (d) upload, post, email,
or otherwise transmit any Submission that you do not have a right to transmit
under any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements); (e) upload,
post, email or otherwise transmit any Submission that infringes any patent,
trademark, trade secret, copyright or other proprietary right of any party; (f)
upload, post, email, or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other forms of solicitation; (g) upload, post, email,
or otherwise transmit any material that contains software viruses or any other
computer code, files, or programs designed to interrupt, destroy, or limit the
functionality of any computer software or hardware or telecommunications
equipment; (h) interfere with or disrupt the Website or servers or networks
connected to the Website, or disobey any requirements, procedures, policies or
regulations of networks connected to the Website; (i) intentionally or
unintentionally violate any applicable local, state, national or international
law or regulation; (j) "stalk" or otherwise harass another; (k) write comments
that in any way refer to persons under 18 years of age; or (l) collect or store
personal data about other users.
If you see content on the Website that violates these use restrictions, please
contact us at cinebasticom at gmail dot com (without spaces)
Disclaimer of Warranties
YOUR USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE
AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CINEBASTI
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF THE WEBSITE AND WEBSITE CONTENT, AND
YOU RELY ON THE WEBSITE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL
OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE WEBSITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CINEBASTI OR THROUGH OR
FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
CINEBASTI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CINEBASTI
HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE
OF THE WEBSITE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL CINEBASTI'S TOTAL
LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR
WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF
THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT,
TORT, OR OTHERWISE, EXCEED THE ONE HUNDRED DOLLARS ($100). 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.
Copyright Infringement
If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact us at cinebasticom at gmail dot com (without spaces) and provide
CineBasti's copyright agent, in writing, the following information required by the
Digital Millennium Copyright Act, 17 U.S.C. � 512: (i) an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; (ii) a description of the copyrighted work that you claim
has been infringed, including the URL (i.e., web page address) of the location
where the copyrighted work exists or a copy of the copyrighted work; (iii)
identification of the URL or other specific location on the Website where the
material that you claim is infringing is located; (iv) your address, telephone
number, and email address; (v) a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; and (vi) a statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf. CineBasti's
agent for notice of claims of copyright infringement on this site can be reached
using the contact information below.
More information on Copyright policy is here http://www.cinebasti.com/Copyright
Indemnity
You will indemnify and hold CineBasti, and its subsidiaries, affiliates, officers,
agents, and employees, harmless from any costs, damages, expenses, and liability
caused by your use of the Website or Website Content, your violation of these
Terms of Use, or your violation of any rights of a third party through use of
the Website or Website Content.
Updates to this Website and License Agreement
We may occasionally update the Website and these Terms of Use. When we do, we
will revise the "last updated" date on these Terms of Use. You should check this
Website and these Terms of Use frequently to see recent changes. Your continued
use of the Website after such changes will be subject to the then-current terms
of use. This version of these Terms of Use shall supersede all earlier versions.
Legal Notices
These Terms and Conditions shall be interpreted, construed and governed by the
laws in force in the Province of Ontario, without reference to its conflict of
laws principles, except where prohibited by mandatory provisions of the laws
applicable in your jurisdiction. You irrevocably agree to submit to the
jurisdiction of Ottawa or, if no jurisdiction exists, in the Province of
Ontario.. The failure of CineBasti to enforce any right or provision in these
Terms of Use will not constitute a waiver of such right or provision unless
acknowledged and agreed to by CineBasti in writing. In the event that a court of
competent jurisdiction finds any provision of these Terms of Use to be illegal,
invalid or unenforceable, the remaining provisions will remain in full force and
effect.
Contacting CineBasti
If you have any questions or concerns about the Website or these Terms of Use,
please send us a thorough description by email to cinebasticom at gmail dot com (without spaces)
Last Updated: December 8, 2008
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