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THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THOUGHT EQUITY MOTION. PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THE WEBSITE OR DOWNLOAD ANY FOOTAGE OR IMAGES. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE WEBSITE.
The Website is owned and operated by Thought Equity Motion. All aspects of the Website, including, but not limited to the design and “look and feel” thereof and all of the content featured or displayed thereon, including, but not limited to text, graphics, photographs, images, moving images, animation, sound, illustrations and software and compilations thereof (together with the Marks (as defined below) are referred to herein as “Content”) are owned by Thought Equity Motion and/or its licensors and/or Content providers. “THOUGHT EQUITY”, “THOUGHT EQUITY MOTION,” its respective logo and all other marks owned by Thought Equity Motion (the “Marks”) are trademarks of Thought Equity Motion and may not be used without the prior written permission of Thought Equity Motion.
All elements of the Thought Equity Motion Website, including but not limited to, the Content thereof are protected by trade dress, copyright, moral rights, trademark and other laws relating to property rights. Except as explicitly permitted under separate agreement with Thought Equity Motion, no portion or element of any of the Thought Equity Motion Website or such Websites’ Content may be reproduced, distributed, modified, publicly performed or displayed, transmitted, reverse engineered, decompiled, sold, sublicensed or otherwise exploited via any means or in any way and the Websites, their Content and all related rights shall remain the exclusive property of Thought Equity Motion and/or its licensors and/or Content providers unless otherwise expressly agreed.
You shall defend, indemnify and hold harmless Thought Equity Motion, its subsidiaries, affiliates, licensors, Content providers and their respective officers, directors, employees, agents, successors and assigns, from any and all loss, damage, liability, cost and expense, including without limitation attorneys’ fees and costs, incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Website, the Content and/or related rights.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you represent and warrant to Thought Equity Motion that you shall not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THOUGHT EQUITY MOTION 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 AND NON-INFRINGEMENT.
THOUGHT EQUITY MOTION MAKES NO WARRANTY THAT (i) THE WEBSITE SHALL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES SHALL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES SHALL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES SHALL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE SHALL BE CORRECTED; AND (vi) THAT THE WEBSITE OR ANY CONTENT IS MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR DOES NOT INFRINGE UPON ANOTHER’S RIGHTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THOUGHT EQUITY MOTION OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU ACKNOWLEDGE THAT YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK AND THAT NEITHER THOUGHT EQUITY MOTION NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITES OR THE CONTENT THEREON. YOU ACKNOWLEDGE THAT YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE CONTENT IS FOR THOUGHT EQUITY MOTION TO ELECT TO EITHER REPLACE ANY DEFECTIVE CONTENT OR REFUND THAT PORTION OF THE PURCHASE PRICE RELATED TO THE DEFECTIVE CONTENT. FOR ALL OTHER CLAIMS, YOU ACKNOWLEDGE THAT YOUR EXCUSIVE REMEDY IS TO CEASE USING THE WEBSITE. EXCEPT AS SET FORTH IN THIS PARAGRAPH, IN NO EVENT SHALL THOUGHT EQUITY MOTION’S LIABILITY EXCEED $100.
In consideration of your use of the Websites, you agree to:
(a) provide true, accurate, current and complete information about yourself and your company as prompted by the Websites’ registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You shall receive a password and user name upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user name, and are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify Thought Equity Motion of any unauthorized use of your password or user name or any other breach of security, (b) ensure that you exit from your account at the end of each session, (c) defend, indemnify and hold harmless Thought Equity Motion from any loss or damage arising from unauthorized use of your password or user name.
In consideration of uploading footage on the Websites, you agree to:
(a) you are at least 18 years of age and (b) you own the copyright to all footage which you upload. The copyright of all footage uploaded by you is retained by you and? you warrant that the footage does not violate any laws, does not depict the violation of any laws, is not offensive or intended to harass, threaten or cause discomfort to any person or entity, and does not contain anything that is sexually explicit and (d) you possess physical copies of signed talent or property releases and you warrant that the information contained in such releases are authentic, complete and accurate and (e) by submitting footage to Thought Equity Motion, you are offering Thought Equity Motion the right to evaluate the footage for licensing on the websites and (f) upon receiving your submitted footage, Thought Equity Motion will evaluate your footage and may decide to offer a license agreement or refuse your footage submission for license and will notify you of its decision. In the event that Thought Equity Motion refuses your submission, Thought Equity Motion will obtain no rights in the footage. The decision to offer a license agreement or refuse your submission lies solely in the discretion of Thought Equity Motion, and Thought Equity Motion may refuse your footage for any reason.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Websites should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide Thought Equity Motion’s designated agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
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;
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.
To report alleged copyright infringements, please contact firstname.lastname@example.org.
This Agreement shall be governed by and construed pursuant to the laws of the State of Colorado, without regard to such state’s conflict of law rules. The courts located in Colorado, shall have exclusive jurisdiction over this Agreement and you agree to submit to the personal and exclusive jurisdiction of such courts. The failure of Thought Equity Motion to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and, in any case, the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Thought Equity Motion with respect to the Thought Equity Motion Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Thought Equity Motion with respect to the Thought Equity Motion Websites. (c) Thought Equity Motion. All rights reserved.