TERMS OF USE



Thank you for using the 410 Garfield Films Web Site or any of its demonstration or related sites (the "Web Site"). The following are the terms and conditions (the "Terms" or the "Agreement") under which you may use the Web Site. Please read this page carefully. By accessing the Web Site you accept and agree to be bound by these Terms and Conditions. If you do not accept any of the Terms stated here, do not use the Web Site. 410 Garfield Films may, in its sole discretion, modify or revise these Terms at any time by updating this page. Users are bound by any such modifications.

Web Site Materials

The contents of this Web Site, including but not limited to: text, graphics, illustrations, logos, software, trademarks, service marks and other material ("Material") are protected by copyright and other applicable laws. 410 Garfield Films authorizes you to view the Material on the Web Site solely for your personal, non-commercial use. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose without the written permission of 410 Garfield Films.

Web Site Warranties

The 410 Garfield Films Web Site and materials contained therein are provided on an "AS IS" basis without any warranties of any kind, either express or implied. 410 Garfield Films, to the extent permitted by law, disclaims all warranties, included but not limited to: warranties of title, fitness for a particular purpose, and non-infringement of third party rights. 410 Garfield Films makes no warranties about the accuracy, completeness, reliability, or timeliness of the material and links presented on the Web Site. Neither does the company warrant that the Web Site will operate without error or that the Web Site and its server are free of computer viruses or other harmful code. 410 Garfield Films is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this Web Site. The Web Site may contain materials provided by third parties, and will likewise not be held responsible for any such third party material.

Disclaimer of Damages and Limitation of Liability

Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, our Privacy Policy or any other policies, your sole remedy is to discontinue use of the Web Site. In no event will 410 Garfield Films be liable to any user or other third party for any damages resulting from the use or inability to use the Web Site or the materials contained therein. This disclaimer and limitation includes direct, indirect, incidental, special, consequential, or exemplary damages or lost profits, and applies whether based on warranty, contract, tort, or any other legal theory, regardless of whether 410 Garfield Films is advised of the possibility of such damages.

Obligation to Monitor Content

410 Garfield Films reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in 410 Garfield Films's sole discretion. 410 Garfield Films does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any information posted by third parties, or endorse any opinions expressed by them. You acknowledge that any reliance on material so posted will be at your own risk. If 410 Garfield Films is notified by a user of content which allegedly does not conform to any term of this Agreement, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove or request the removal of the content. 410 Garfield Films will have no liability or responsibility for performance or non-performance of such investigation. 410 Garfield Films reserves the right to terminate or restrict your access to any or all Registered User privileges at any time without notice for any reason whatsoever.

Copyright Infringement

410 Garfield Films may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Web Site that may infringe on the rights of others. Should such an occurrence be potentially indicated, 410 Garfield Films will be provided a reasonable period of sixty (60) days to evaluate any and all materials indicated. Should 410 Garfield Films deem materials to be an infringement, we will remove or disable them from the Web Site, in good faith, and thus avoid any and all damages and/or liabilities related in whole or in part, directly or indirectly, as a result of the infringement. If you believe that your work has been used on the Web Site in a manner that constitutes copyright infringement, provide 410 Garfield Films with a written notice - by postal mail, email or FAX.

Indemnity

You agree to defend, indemnify, and hold harmless the 410 Garfield Films, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation legal fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. 410 Garfield Films will provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.

General Disclaimer

410 Garfield Films makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the materials may not be legal by certain persons. If you access the Web Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction. 410 Garfield Films is headquartered in Dallas County Texas. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of Georgia, United States of America. By using this Web Site, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Web Site is the appropriate DeKalb County Court, or if such court lacks subject matter jurisdiction, the United States District Court in Dallas Texas. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.


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