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These terms and conditions of use (this "Agreement") apply to all visitors to www.straightupfilms.com (the "Site"), as well as to all information and/or services provided to you on or through the Site (the "information"). Straight Up Films, LLC ("Straight Up Films", "us", "we", "our") maintains this Site for the information and entertainment of the user. Please read this Agreement carefully before using the Site. By using the Site, you are agreeing to these terms and conditions in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time without notice to you. Please check this Agreement periodically for changes. Your continued use of the Site following any change, modification, addition or removal of terms and/or conditions signifies your acceptance of any of those changes. If you do not agree with this Agreement, or any change thereto, please exit the Site immediately.
2. Use of Web Service
2.1 You acknowledge that the Web Service contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of Straight Up Films, LLC or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Web Service. Users of the Web Service may use the Content only for their personal, noncommercial use. Users of the Web Service wanting to use the content for commercial use must obtain prior express written permission of Straight Up Films, LLC.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. You may not use spiders, robots, data mining techniques or other automated techniques to catalog, download or otherwise reproduce, store or distribute content available on the Web Service. Further, you may not exceed the limited authorization and access granted to you under this Agreement. You may not resell use of, or access to, the Web Service to any third party. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by the owner of the software's patent and or copyright. Subject to the provisions of this Agreement, you may post on the Web Service any content owned by you (such as your original statements), content for which you have received express permission from the owner, and content in the public domain. You assume all right and responsibility for determining whether any content is in the public domain. You hereby grant to Straight Up Films, LLC a perpetual, worldwide, royalty-free, freely transferable right and license to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the Web Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
3.1 You agree to indemnify, defend and hold Straight Up Films, LLC, its affiliates, officers, directors, owners, agents, clients, content providers, licensors and licensees harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
3.2 Straight Up Films, LLC and its affiliates, officers, directors, owners, agents, content providers, licensors and licensees assume no liability for any direct, indirect, special, consequential, punitive and/or incidental damages of any kind whatsoever, including, but not limited to, lost profits or attorneys' fees, in any way due to, resulting from, or arising in connection with your access to, use of, browsing on, downloading of any images, video, materials or audio from the Site, inability to access, or use the Site, or from your reliance on any information provided on the Site. This includes but is not limited to damage to property or viruses that may infect your computer equipment or other related property. Straight Up Films assumes no responsibility or liability for any obscenity, error, libel, slander, profanity, omission, falsehood, pornography, danger or inaccuracy of content.
The Site may include links to other websites that may be of interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
5. Disclaimer of Warranties & Limitation of Liability
5.1 Neither Straight Up Films nor any provider of third party content or their respective agents warrants that the web service will be uninterrupted or error free; nor does Straight Up Films, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the web service or the content. The web service and the content are distributed on an "as is, as available" basis. Neither Straight Up Films, third party content providers, nor their respective agents make any warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the web service, any content or any products or services sold through the web service. Neither Straight Up Films nor any third party content provider warrants that any files available for downloading through the web service will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of the content is assumed solely by you.
5.2 Neither Straight Up Films nor any third party content provider or their agents shall be liable for any act, direct or indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.
5.3 Some states do not allow exclusion or implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Straight Up Films, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
At present, Straight Up Films does not collect "cookies" via this Site. We do respect your privacy.
Any information that you input on the Site (e.g. using the contact form or e-mail link feature) may be retained in our database. We do not systematically collect any other personal data. We may cooperate with government and law enforcement officials and private parties to enforce and comply with the law, and we may disclose personal information about you if we believe it is necessary or appropriate to do so in response to claims or legal process, or to protect the property and safety of any person in our discretion, or to prevent any activity we consider as posing a risk of being illegal, unethical or legally actionable.
Please note, any information you transfer to us through the Site (including any personal information you provide) will be maintained on computers located in the United States of America. Your submission of such information represents your agreement to that transfer. We do not knowingly collect any personally identifiable information from children under 13, and the Site is not directed to children. If we become aware that a child under 13 has provided us with any personally identifiable information, we will delete such information from our files.
7. Governing Law
This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Los Angeles County in the State of California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
All provisions hereof shall survive any termination of this Agreement as well as any other revisions that by their terms or sense are intended to survive.