Last Updated: September 12, 2013.
General Language Use
In these General Use Terms, the words “we,” “our,” “Company”, “Jindal Films” and “Jindal” are each used for convenience, and may refer to Films Americas LLC, Jindal Films Americas LLC, Films Europe S.A.R.L. or any companies affiliated with them in the production and sale of film products. There are a number of such affiliated companies, many with names including “Jindal” or “Films”. Neither the use of these terms of convenience, nor anything else in these General Use Terms, is intended to suggest that those affiliated companies are not legally separate or that responsibility for local action and accountability does not remain with them.Abbreviated references describing global or regional operational organizations and global or regional business lines are also sometimes used for convenience and simplicity. They are not, generally, intended to describe precise legal status.
Changes in General Use Terms
Jindal Films may revise the General Use Terms at any time without notice. Revisit this Site periodically to be aware of the most recent General Use Terms because they will be binding on you. Use of the Site or Services after such changes constitutes your agreement to such changes. Some pages may also have special additional terms and conditions that apply to the content of those pages. Those terms and conditions may also change at any time without notice andyour use of those pages after a change constitutes your acceptance of those changed special additional terms and conditions.
Your Use of the Site
A. Site Security. You may not violate, or attempt to violate, the security of the Site or the Services. Any such security violations may result in criminal and civil liabilities. We will investigate alleged violations and will cooperate with law enforcement agencies in their investigations of suspected criminal violations. Among other things, your use of the Site may not involve any attempt to:
- Log into a server or account that you are not authorized to access;
- Accessdata or take any action to obtain services not intended for your use;
- Probe, scan, or test the vulnerability of any system, subsystem or network;
- Tamper, hack, modify or otherwise corrupt or breach security or authentication measures without proper authorization;
- Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent, or effect, of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the Site or Services;
- Interfere with, intercept or expropriate any system, data or information; or
- Interfere with service to any user, host, or network by any means, including overloading, “flooding,” “mailbombing,” or “crashing” any computer system.
B. Infringement. You may not use the Site or Services to infringe on Jindal’s or anyone else’s copyright, trademark, patent or other intellectual property rights. Among other things, this means you must not post, email, or otherwise transmit images, software, text, or other material protected by intellectual property laws, including copyright or trademark laws unless you own or control the rights thereto or have received all necessary authorizations to do the same. Such actions may result in termination of your access to the Site and Services and you may be ordered by a court to pay money damages to us and to any other owner of any intellectual property rights you violate.
C. Other Improper Uses. In using the Site or Services, you must not:
- Post, email, link, or otherwise transmit or use the Site or Services to express, display or propagate any unlawful, harmful, harassing, defamatory, threatening, vulgar, indecent, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that exploits children or is invasive of another person’s privacy or other rights, or any material that Jindal in its sole discretion does not wish posted or transmitted on the Site and Services;
- Post, email, or otherwise transmit images, software, text, or other material protected by rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
- Engage in and/or encourage conduct that would: 1) violate any applicable law or regulation or 2) give rise to civil liability;
- Engage in conduct which could damage or impair the intended operability of the Site or the Services;
- Falsely state or otherwise misrepresent your identity or affiliation or impersonate someone else in any way;
- Engage in marketing or promotion of goods or services; or
- Assist or permit anyone else in engaging in any of the activities described above.
D. Your Content. You are required to exercise caution, good sense and proper judgment in using the Site and Services. You are responsible for any material you place on, or transmit to or through, the Site or Services. You agree, represent and warrant that any information you post to or transmit through the Site or Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials), whether publicly posted or privately transmitted, is your sole responsibility.
E. Risk. Access to the Site is undertaken at your own risk and all information obtained via the Site or Services is used at your own risk.
F. Consequences of Misuse. We reserve the right, in our sole discretion and without notice to you, to refuse or delete any of your content andto suspend or terminate your access to the Site and Services in the event of a violation or attempted violation of this Agreement by you or by any third party acting on your behalf or if we determine that your useof another company’s service could reasonably be expected to adversely affect the Site and Services in any manner.
G. No Licensing. Your use of the Site or the Services provides you no license, express or implied, under any copyright, trademark, patent rights or trade secret rights now or hereafter, owned, controlled or possessed by Jindal.
H. Printing. You may print one copy of content on this Site for your personal non-commercial use, or in connection with your purchase of any Jindal Films products, provided that you leave any copyright or trademark information intact and unchanged. You may forward, distribute, and/or photocopy copyrighted materials of Jindal located on this Site only if the entire relevant page or document is unaltered and complete, including all headers, footers, disclaimers, and other information. You may not, however, copy these documents to a website. Other than as specifically set out in this paragraph you may not copy (whether by printing onto paper, storing on disk, placing on another site, downloading in any other way), distribute (including distributing copies), broadcast, alter or tamper with any portion of this Site.
I. Framing. You may not “frame” this Site or use our proprietary marks as metatags. These marks include, but are not limited to Jindal and Jindal Films. You may not use frames or utilize techniques or technology to enclose any content included on the Site.
Jindal Trademark and Copyright
Jindal, Jindal Films, and certain other brands, trademarks and service marks are marks of Jindal Films and its affiliates. Not all marks of Jindal Filmsmay appear on this Site and not all products or Services listed on this Site are available for sale in every country. Some products or Services may be marketed under local trademarks in specific countries. Marks of third parties may appear on this Site when referring to those entities or their products or services. Third party marks displayed on this site are owned by their respective owners.
The material contained in this Site is protected by copyright. No material from this Site may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted or distributed except as expressly permitted by these General Terms. Use of the materials in any other way or for any purpose other than for personal, noncommercial use is a violation of Jindal’s copyright and other proprietary rights. Permission for all other uses of materials must be obtained from Jindal Films in advance in writing. All content, interfaces, graphics, code, design rights, and other intellectual property rights, in each case, whether registered or unregistered, other than the marks of third parties, and related goodwill are the property of Jindal Films.
All personal information provided via this Site will be handled in accordance with the Site’s Privacy Statement.
This Site and Services are provided “As Is”, without warranties of any kind, either express or implied. To the fullest extent permissiblepursuant to applicable law, Jindal Films disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Jindal Films does not represent or warrant that the functions or Services contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the Services are free of viruses or other malware or harmful components. Jindal Films does not make any warranties or representations regarding the use of contents of this Site or Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Jindal Films makes no warranty or representation regarding, and is not responsible for, any third party websites or the content of such websites, whether or not accessed via links or sharing tools on the Site.Some jurisdictions do not allow exclusion of implied warranties, so the above limitations and exclusions may not apply to you.
You are fully responsible for your use of the Site. Information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized parties. Your use of the Site is at your own risk and is made available to you at no charge. Accordingly, to the fullest extent permitted by applicable law, Jindal Films and its affiliates shall not be liable to you or any other party for any direct, indirect, compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site, the Services or the contents on this Site or the performance of the Site, Services or products described on this Site, or from any actions we take or fail to take as a result of communications you send us or material you post, or any delay or inability to use the Site, or for any information, products, or Services advertised in or obtained through the Site, regardless of the alleged legal basis for liability, whether contract, tort, strict liability or otherwise, even if Jindal Films or its affiliates have been advised of the possibility of such damages. You specifically acknowledge and agree that Jindal Films and its affiliates are not liable for any defamatory, offensive, or illegal conduct of any user of the Site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you are dissatisfied with any portion of the Site or the Services or with any of these terms, your sole and exclusive course of action is to discontinue using the Site and the Services.
Non-confidential User Materials
Jindal Films does not accept or consider unsolicited ideas, including ideas for new products, promotions, or technologies. You should not transmit any material to or through this Site that you consider to be confidential or proprietary and any material which you transmit to or through this Site will be considered non-confidential and non-proprietary. Except as expressly provided in Jindal Films’ Privacy Statement or separate written agreement between you and Jindal Films, you give Jindal Films an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information in any media. You further agree that Jindal Films has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas which you (and those who act on your behalf) transmit to or through the Site.
Third Party Websites and Sharing Tools
As a convenience, the Site may provide links to websites operated by third parties. The Site may also provide sharing tools that allow social web linking, bookmarking, rating, recommending, emailing, instant messaging, and posting to blogs. Following the links or using the sharing tools could take you to third party websites, which Jindal Films does not own, control, or maintain. If you decide to access a third party’s website through a link or a sharing tool provided by this Site, you do this at your sole risk. Jindal Films is not responsible for the content of such third party websites or any viruses or other malware or damaging elements encountered in a third party website. Inclusion of links or sharing tools to third party sites is not an endorsement of the content of such sites. Different terms and conditions may apply to your use of such third party sites and the sharing tools and you are advised to review such terms and conditions prior to usage. Further, the providers of such third party sites and the sharing tools may have privacy policies and practices that are different from our Privacy Statement. You should check the privacy policies and practices of such providers and contact the operator if you have any concerns or questions.
User Communications Areas
The Site may contain areas where users communicate with each other, including but not limited to blogs, bulletin boards, calendars, chat areas, or personal web pages.Jindal Films has the right, but no obligation, to monitor or review any part of the Site or the Services, including the user communication areas. Jindal Films shall, however, have no liability related to the content of any communications made in these areas.
Global Availability/Export Controls
Portions of this Site and Services may be controlled and operated by Jindal Films from various offices in the United States. Jindal Films makes no representation that the Site, Services or materials accessed or described on the Site are appropriate or available for use in all other locations, and access to them from other countries where their contents are illegal or penalized is not allowed. Access to or use of the Site, Services or materials accessed on or described on the Site by persons or from countries proscribed or otherwise sanctioned by the United States is specifically prohibited.
Those who access the Site or Services do so on their own and are responsible for compliance with all applicable laws. You may not export or re-export any Services, information or materials accessed on or described on this Site except in full compliance with all United States laws and regulations. In particular, you may not export or re-export into (or to a national or resident of) any country to which the United States embargoes or sanctions goods, services or technology, to any person or entity on the U.S. Treasury Department’s List of Specially Designated Nationals, the U.S. Bureau of Export Administration Entity List, the U.S. Bureau of Export Administration Denied Persons List or the U.S. Commerce Department’s Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export or use the Site, Services, information, or materials accessed or described on the Site.
You agree to indemnify, hold harmless, and defend Jindal Films (including subsidiaries and affiliates of Jindal Films, hereinafter “Jindal”) as well as Jindal officers, directors and employees, from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your violation, or violation by any other person using your password or account of the provisions of this Agreement.
Applicable Law and Dispute Resolution
This Agreement shall be governed by the internal substantive laws of the State of New York, USA (without giving effect to its principles of conflict of laws). Where federal jurisdiction exists over any action, suit or proceeding arising out of or in any way connected with this Agreement, you and Jindal Films designate the United States District Court located in Rochester, New York for the exclusive resolution of that dispute and submit to the jurisdiction of that court. Where federal jurisdiction does not exist over that action, suit or proceeding, you and Jindal Films designate the New York state courts located in Monroe County, New York, for the exclusive resolution of that dispute and submit to the jurisdiction of that court.
How to Contact Us
If you have any questions or concerns about the online statement for this Site or its implementation you may contact us at:
Attn: Marketing Director
411 Pegasus Parkway
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