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Terms and Conditions of Use
1. Acceptance of Terms
2. Modification to Terms of Use
3. Intellectual Property
4. Your Conduct
5. Comments, Communications and Other Content
6. Links
7. Indemnification
8. Disclaimer of Warranties
9. Limitation of Liability
10. Errors and Omissions
11. Privacy Policy
12. Site Security
13. Termination Of Use
14. General Information
15. Copyright Complaints
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1. Acceptance of Terms
The Excalibur Films Web Site is made up of various Web sites and Web
pages that are owned and operated by Excalibur Films Entertainment, Inc./
Movie Film Fest, Inc. ("Excalibur Films") (collectively, the
"Websites"). The following Terms of Use ("Terms") govern your use of the
Websites. Read these terms carefully before you ("You") accept these
Terms by: (a) placing an order through Excalibur Films or (b) otherwise
using the Websites.
Additionally, the Websites may themselves contain additional terms, codes
of conduct or guidelines that govern use of those websites, including
without limitation, particular features or offers. In the event that any
of the Terms contained herein conflict with any additional terms
contained within any Website, then these Terms shall control. Your use of
the Websites constitutes Your Agreement to the Terms and any additional
terms.
The Terms are entered into by and between Excalibur Films and You. Any
reference herein to Excalibur Films shall be deemed to refer to Excalibur
Films and/or the Websites, as applicable under the circumstances. The
products offered for sale or rent and other on-line resources accessible
via the Websites, are provided to You, subject to these Terms. Unless
explicitly stated otherwise, the Terms will govern Your use of any new
features that augment or enhance the Websites.
Excalibur Films, and any third-party providers of content to the
Websites, may make improvements and/or changes to the Websites including
the products, programs, services and prices that are offered or described
on the Websites, at any time, without prior notice. In addition,
Excalibur Films does not warrant that the products offered on the
Websites are available to be shipped to all customers or that product
descriptions or other content of the Websites is accurate, complete,
reliable, current or error-free. If a product offered on the Websites is
not as described, Your sole remedy is to return the product in unused
condition.
You acknowledge that the Websites contain sexually oriented adult
material intended for individuals 18 years of age or older and of legal
age to view sexually explicit material as determined by the local and
national laws of the region in which You reside. You agree not to enter
the Websites if you are not 18 years of age or older, if sexually
oriented adult material offends you, or if you are accessing the
Websites from any community or country where adult
material is specifically prohibited by law.
2. Modification to Terms of Use
Excalibur Films reserves the right to update or modify these Terms and,
any additional terms, codes of conduct or guidelines, without prior
notice. You are responsible for regularly reviewing these Terms and Your
continued use of the Websites constitutes Your agreement
as to all such updated or modified terms.
3. Intellectual Property Rights
Excalibur Films, excaliburfilms.com, adultdvdmovies.com,
anime-festival.com, alldvdmovies.com, 800-buy-movies.com,
adult-pornstar-mall.com, excalibur-toys.com, hit-movie-trailers.com,
vod.excaliburfilms.com, hit-movies.com, dvdrentz.com, movie-exchange.com
and talkingblue.com are registered trademarks of Excalibur Films.
Unless otherwise indicated, all information, images, text, messages,
illustrations, graphics, logos, designs, icons, photographs, programs,
data, software, music, sound, video, or other materials that are part of
the Websites (collectively, the "Content") are protected by copyrights,
trademarks, service marks, publicity rights, or other proprietary rights
and laws owned, controlled or licensed by Excalibur Films or by third
parties (the "Third Party Providers") who have provided materials to
Excalibur Films, and these rights are valid and protected in all forms,
media and technologies, existing now or hereinafter developed. All
Content is copyrighted as a collective work under the U.S. copyright
laws, and Excalibur Films owns a copyright in the selection,
coordination, arrangement, and enhancement of such Content.
Except as set forth herein, none of the Content may be copied,
reproduced, framed, modified, removed, sold, distributed, republished,
downloaded, displayed, posted, transmitted, or otherwise exploited, in
whole or in part, in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior express written permission of Excalibur Films or the
Third Party Provider. No part of the Websites may be reproduced or
retransmitted in any way, or by any means, without the express written
permission of Excalibur Films. You also may not, without Excalibur Films’
prior express written permission, "mirror" any of the Content contained
on the Websites on any other server.
Excalibur Films is committed to respecting others' intellectual property
rights, and we ask our users to do the same. Excalibur Films may, in its
sole discretion, terminate the accounts or access rights of users who
infringe or otherwise violate others' intellectual property rights. If
You believe that Your work has been copied in a way that constitutes
copyright infringement on the Websites, please contact our copyright
agent as described in our
copyright policy.
Nothing on the Websites shall be construed as conferring any license
under any of Excalibur Films’s or any Third Party Provider’s intellectual
property rights, whether by estoppel, implication, or otherwise. You
acknowledge sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute and download Excalibur
Films’s Content on the Websites for Your personal, non-commercial use
only, provided You do not modify the materials and that You retain all
copyright notices, trademark legends, and other proprietary rights
notices contained in the materials. This permission terminates
automatically if You breach any of these Terms. Upon termination, You
must immediately destroy any downloaded and printed materials.
The Content on the Websites may be used only as a shopping or rental
resource. The Content may not be redistributed to any minor, to any
person who may find the Content personally offensive, or to any person
who resides in any community or country where adult material is
specifically prohibited by law. Any unauthorized use of any Content
contained on the Websites may violate copyright laws, trademark laws, the
laws of privacy and publicity, and communications regulations and
statutes.
Excalibur Films has not independently authenticated
content provided by Third Party Providers in whole or in part. Excalibur
Films does not provide, sell, license, rent or lease any of the Content
other than those specifically identified as being provided by Excalibur
Films.
4. Your Conduct
You agree to use the Websites only for lawful purposes. You are
prohibited from posting on or transmitting through the Websites any
Content that violates or infringes anyone’s intellectual property rights
(including copyrights, trademarks, trade secrets, patents, publicity
rights or, to the extent protectable, confidential ideas) or that is
obscene, obscene as to minors, child pornography,
defamatory, racist, lewd, lascivious, filthy, excessively violent,
harassing, or otherwise deemed by Excalibur Films to be harmful or
objectionable, or that intentionally or unintentionally violates any
applicable local, state, national or international law, or any
regulations having the force of law.
5. Comments, Communications and Other Content
All comments, communications, ideas, and other content disclosed,
submitted or offered to Excalibur Films on or by the Websites or
otherwise disclosed, submitted or offered in connection with Your use of
the Websites (collectively, the "Comments") shall be and remain
Excalibur Films’s property. Such disclosure, submission or offer of any
Comments shall constitute an assignment to Excalibur Films of all
worldwide rights, titles and interests in all copyrights and other
intellectual properties in the Comments. Thus, Excalibur Films will own
exclusively all such rights, titles and interests and shall not be
limited in any way in its use, commercial or otherwise, of any Comments.
Excalibur FIlms is and shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay user any compensation for any
Comments; or (3) to respond to any user Comments. You agree that no
Comments submitted by You to the Websites will violate any rights of any
third party, including copyright, trademark, privacy or other personal or
proprietary right(s). You further agree that no Comments submitted by You
to the Websites will be or contain libelous or otherwise
unlawful, abusive or obscene material. You are and shall remain solely
responsible for the content of any Comments you make.
6. Links
The Websites may provide, or third parties may provide, links to
other Internet sites or resources. Because Excalibur Films has no control
over such sites and resources, You acknowledge and agree that Excalibur
Films is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from
such sites or resources. Excalibur Films will not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or
resource.
The Websites may be linked to other websites that are not
under the control of and are not maintained by Excalibur Films. Excalibur
Films is not responsible for the content of those sites. Excalibur Films
is providing these links to You only as a convenience, and the inclusion
of any link to such sites does not imply endorsement by Excalibur Films
of those sites.
7. Indemnification
You agree to indemnify and hold Excalibur FIlms, and its subsidiaries,
affiliates, officers, agents, co-branders, or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of the use
of the Websites.
8. Disclaimer of Warranties
YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THIS WEBSITE IS
PROVIDED BY EXCALIBUR FILMS ON AN "AS IS" AND "AS AVAILABLE" BASIS.
UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON THE WEBSITES IS
PROVIDED "AS IS", "WITH ALL FAULTS," AND IS FOR COMMERCIAL USE ONLY.
EXCALIBUR FILMS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. EXCALIBUR FILMS MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY,
TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE
WEBSITES. EXCALIBUR FILMS MAY MAKE AVAILABLE ON THE WEB SITES CONTENT
AVAILABLE FOR DOWNLOADING THAT HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF
THE WEB SITES. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO
THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL EXCALIBUR FILMS OR ITS
SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR
INFORMATION FROM THE WEBSITES.
EXCALIBUR FILMS MAKES NO WARRANTY OR CONDITION THAT: (i) THE WEBSITES
WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR
EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE WEBSITES SOFTWARE WILL BE
CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES
RESULTING FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
EXCALIBUR FILMS OR THROUGH OR FROM THE WEBSITES WILL
CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS.
EXCALIBUR FILM’S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, EXCALIBUR FILMS IS NOT
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED
ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF EXCALIBUR FILMS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING
FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING
OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE
WEBSITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE WEBSITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE WEBSITES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING
CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THE WEBSITES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA
AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITES AND WILL NOT MAKE A
CLAIM AGAINST EXCALIBUR FILMS FOR LOST DATA, RE-RUN TIME, INACCURATE
OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE
CONTENT.
YOU AGREE TO HOLD EXCALIBUR FILMS HARMLESS FROM, AND YOU COVENANT NOT TO
SUE EXCALIBUR FILMS FOR, ANY CLAIMS BASED ON USING THE WEBSITES, WHETHER
IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above limitation or
exclusion may not apply to You.
10. Errors and Omissions
The Excalibur Films websites may contain errors and omissions relating to computer program output, product description, pricing, and availability. We reserve the right to correct errors or omissions without prior notice. We also reserve the right to correct any offered product, price or service in the event of an error or omission in the description, including price, unavailability, or other reason. We also reserve the right to cancel any offered product, price or service in the event of an error or omission in the description, including price, unavailability, or other reason.
11. Privacy Policy
Excalibur Films respects Your desire for privacy. Excalibur Film’s
Privacy Policy can be found at
here. By using the Websites, You are consenting to
the processing of Your data by Excalibur Films and consenting to the
terms of our Privacy Policy. If we decide to make any significant change
to that policy, we will post the revised policy prominently on the
Websites or otherwise bring it to Your attention, so
that You are always aware of what we do with Your information.
12. Site Security
You are prohibited from violating or attempting to violate the security
of the Websites, including, without limitation, (a) accessing data not
intended for such user or logging onto a server or an account which You
are not authorized to access; (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (c) attempting to
interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Websites, overloading,
"flooding," "spamming," "mailbombing" or "crashing;" (d) sending
unsolicited email, including promotions and/or advertising of products or
services; or (e) forging any TCP/IP packet header or any part of the
header information in any email or newsgroup posting. Violations of
system or network security may result in civil or criminal liability.
Excalibur Film’s will investigate occurrences that may involve such
violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations. You
agree not to use any device, software or routine to interfere or attempt
to interfere with the proper working of the Websites or any activity
being conducted on the Websites. You agree, further, not to use or
attempt to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search the Websites other
than the search engine and search agents available from Excalibur Films
on the Websites and other than generally available third party web
browsers (e.g., Netscape Navigator, Microsoft Explorer).
13. Termination of Use
Excalibur Films, in its sole discretion, may terminate Your password,
Your account, Your use of any of the on-line resources available on the
Websites, and remove and discard any Content on the Websites, for any
reason, including, without limitation, for lack of use or if Excalibur
Films believes that You have violated or acted inconsistently with the
letter or spirit of the Terms. Any termination of Your access to the
Websites under any provision of the Terms may be effected without prior
notice, and Excalibur Films may immediately de-activate or delete Your
account and all related information and files in Your account and/or bar
any further access to such files or to the Websites. Further, Excalibur
Films will not be liable to You or any third-party for any termination or
suspension of Your Account or Your access to the
Websites.
14. General Information
The Terms constitute the entire agreement between You and Excalibur
Films and govern Your use of the Websites, superseding any prior
agreements between You and Excalibur Films (including, but not limited
to, any prior versions of the Terms). You also may be subject to
additional terms and conditions that may apply when You use other
Excalibur Films services, third-party content or third-party software.
You must not assign or otherwise transfer either the Terms or any right
granted hereunder.
Any breach of the Terms will result in irreparable harm to Excalibur
Films for which damages would be an inadequate remedy and, therefore, in
addition to its rights and remedies otherwise available at law, Excalibur
Films will be entitled to equitable relief, including both a preliminary
and permanent injunction, if such a breach occurs. You waive any
requirement for the posting of a bond or other security if Excalibur
Films seeks such an injunction.
California law and controlling U.S. federal law govern any action related
to the Terms. No choice of law rules of any jurisdiction apply. You and
Excalibur agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Orange, California.
Excalibur Films controls and operates the Websites from its headquarters
in Orange County, California, United States of America, and makes no
representation that this Content is appropriate or available for use in
other locations. If You use the Websites from other locations, You are
responsible for compliance with applicable local laws including but not
limited to the export and import regulations of other countries.
The U.S. export control laws regulate the export and re-export of
technology originating in the United States. This includes the electronic
transmission of information and software to foreign countries and to
certain foreign nationals. You agree to abide by these laws and their
regulations including, but not limited to, the Export Administration Act
and the Arms Export Control Act and not to transfer, by electronic
transmission or otherwise, any Content derived from the Website to either
a foreign national or a foreign destination in violation of such laws.
The failure of Excalibur Films to exercise or enforce any right or
provision of the Terms does not constitute a waiver of such right or
provision. If a court of competent jurisdiction finds any provision of
the Terms to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in
the provision, and the other provisions of the Terms remain in full force
and effect. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM
OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR
THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF
ACTION AROSE OR BE FOREVER BARRED. The section titles in the Terms are
for convenience only and have no legal or contractual effect.
These Terms represent the entire understanding relating to the use of the
Websites and prevail over any prior or contemporaneous, conflicting, or
additional, communications.
15. Copyright Complaints
Excalibur Films respects the rights of all copyright holders and in this regard, Excalibur Films has adopted and implemented a policy that provides for the termination in appropriate circumstances of content providers, subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Excalibur Films' Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
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| | 1.) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; |
| | 2.) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; |
| | 3.) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; |
| | 4.) Information reasonably sufficient to permit us to contact the complaining party; |
| | 5.) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and |
| | 6.) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. |
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For copyright inquiries under the Digital Millennium Copyright Act please contact:
Copyright Agent
Excalibur Entertainment, Inc.
223 Imperial Hwy Suite 165
Fullerton, CA 92835, U.S.A.
U.S. Phone: 800-289-6684
U.S. Fax: 714-773-5409
Office Phone: 714-773-5855
Foreign Fax: 714-773-5409
E-Mail: Copyright@ExcaliburFilms.com
These Terms of Use represent the entire Agreement and understanding relating to the use of the Excalibur Films web sites and services and prevail over any and all prior or conflicting, or additional communications.
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