Terms of Service
Jaguar Distribution Corp. Internet Terms of Service
TERMS OF SERVICE
Last Revised April 1, 2011
License to the Site
Jaguar grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your use only provided that you comply with this TOS. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by law or any provision of this TOS.
Changes to Site and/or Terms and Conditions of Service
Jaguar reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this TOS, in whole or in part, at any time, for any reason. Changes to this TOS will be effective when posted. You agree to review this TOS periodically to be aware of any changes. You can determine when this TOS was last revised by referring to the “Last Revised” note at the top of this TOS. Your continued use of the Site after any changes to this TOS are posted will be considered acceptance of those changes.
Trademarks, Copyright & Restrictions
The trademarks, logos, service marks and trade names (“Marks”) displayed on the Site are the property of Jaguar or other parties. You should assume that everything your see or read on the Site is protected under federal and state law unless otherwise noted. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Jaguar or such third party which owns the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, republishing, selling, licensing, editing, creating derivative works or using any content available on or through this Site except as allowed by law or without the prior written permission of Jaguar or such third party which owns, controls or has been licensed to exploit the relevant copyright. Any such permitted use of the Content must maintain the copyright and all related copyright notices in the relevant Content intact and unmodified. Any modification of the Content or any portion thereof, or use of the Content for any other purpose constitutes an infringement of Jaguar’s copyright or the copyright of such other third party which owns the relevant copyright. Jaguar reserves the right to remove any Content on the Site which allegedly infringes another party’s copyright.
Other Prohibited Conduct
In addition to the restrictions imposed in the preceding paragraph, your use of the Site, may not: (a) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Site or any site which may be linked to the Site (b) interfere with or damage the Site by any means or methods of technology or electronics or otherwise (c) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity or create or use a false identity (d) attempt to obtain unauthorized access to the portions of the Site that are restricted from general access (e) engage, directly or indirectly, in transmission of spam, chain letters, junk mail or other type of unsolicited solicitation (f) collect, manually or through automatic process, information about other users without their express consent (g) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Site (h) engage in any activity that interferes with any third party’s ability to use or enjoy the Site (i) assist any third party in engaging in any activity prohibited by this TOS. In addition, you must own or have the right to submit any content submitted for publication on the Site (subject to Jaguar’s sole and absolute discretion) and all such content must be legal, truthful and comply with all applicable laws, regulations and code(s) of conduct.
If you believe that any Content appearing on the Site infringes on any party’s copyright, please send a Notice containing the following information to Jaguar: (a) Your name and address (b) a description of the copyrighted work that you claim has been infringed (c) the exact description of where the alleged infringing material is located (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, it’s agent or the law (e) an electronic or physical signature of the person authorized to act on behalf of the owners of the copyright interest; and (f) a statement by you under the penalties of perjury, that they above information in your Notice is accurate and you are the copyright owner or authorized to act on the copyright owner’s behalf. The Notice of Copyright Infringement should be sent to Manager of Operations, Jaguar Distribution Corp., 12711 Ventura Blvd., Suite 300, Studio City, CA 91604.
Passwords, User Names and Security
A. You understand and agree that Jaguar has the sole right at its sole and absolute discretion, to assign, provide, approve, store and reserves the right, at its sole and absolute discretion, for any reason, to withdraw and/or terminate, any user name and password. You understand that Jaguar may withdraw or terminate your user name and/or password without notice to you. You agree that Jaguar shall not have any liability to you or any other person or entity for exercising any of its rights to grant, approve, assign, withdraw or terminate any user name and/or password. You agree that you are solely responsible in all respects for all use of and for protecting the confidentiality of any e-mail verification number and password which may be given to you for use on the Site. You may not share these with or transfer them to any third parties. You agree that you will immediately notify Jaguar of any unauthorized use of your user name and/or password and will properly log out when exiting the Site. Jaguar shall have no liability for any loss or damage arising from your failure to comply with these requirements.
B. You are responsible for ensuring that your computer system meets all relevant specifications necessary to use the Site and is compatible with the Site. You also understand that Jaguar cannot and does not guarantee or warrant that use of the Site will be free from infection, viruses and/or other contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements for accuracy of data input and output.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
As of the Last Revised Dated posted above, the Site does not contain links to other websites but may in the future. Therefore, when you do access links to other sites, you are doing so subject to their policies regarding privacy and data collection and you should read those websites’ privacy policies and terms of service to make sure you agree to them before using such sites. When you access other links to other websites you may leave the Site. If Jaguar uses links to other websites on the Site, it does not review any of the linked websites and does not endorse or accept any responsibility for the content or availability of such websites nor the products, services or any other items offered through such websites. Any concerns regarding any external link should be directed to its respective site administrator or web master.
Users of this Site agree to submit to the laws of the State of California, USA and applicable federal laws of the United States without regard to conflict of laws principles.
Software from this Site is subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
No Warranties and Disclaimer
A. All Content on this Site is provided to you “as is” without warranty of any kind either express or implied including, but not limited to, warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy (except as otherwise provided by law). Jaguar does not endorse and is not responsible for the accuracy or reliability of (a) any opinion, advice or statement made through the Site by any party other than Jaguar (b) any Content provided by any party other than Jaguar. Except as otherwise provided by law, under no circumstances will Jaguar be liable for any loss or damage caused by a user’s reliance on any information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site. The information published on the Site may include inaccuracies or typographical errors and Jaguar specifically disclaims any liability for such inaccuracies or errors. Jaguar does not warrant or represent that the Content on the Site is complete or up-to-date. Jaguar is under no obligation to update any Content on the Site or correct any errors or defects. Jaguar may change the Content on the Site at any time without notice. Jaguar may make improvements or change to the Site at any time for any reason.
B. Unless otherwise specified, all Content and materials on the Site are presented solely for the purpose of promoting films and other related products available in the territories and markets for which Jaguar has the right to use and distribute such Content and/or materials. Jaguar makes no representation that the Content or materials are appropriate or available for use in other markets locations. Those who visit the Site from other markets or locations do so on their own initiative and are responsible for compliance with all laws.
C. The Site is intended to provide information about Jaguar, its films and other activities and services. It is solely the user’s responsibility to evaluate the accuracy, completeness, usefulness and fitness for any purpose of all details of opinions, advice, services and other information provided on the Site.
Limitation of Liability for Use of the Site
You agree that Jaguar and any of its respective officers, directors, employees, and agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, exemplary, incidental or indirect damages (including, without limitation, lost profits, lost opportunity or cost of securing substitute service) arising out of or in connection with the use of the Site or with the delay or inability to use the Site, even if Jaguar is made aware of the possibility of such damages. In no event shall Jaguar’s total liability to you for all damages, losses and causes of action, whether in contract, tort (including, but not limited to negligence or otherwise), exceed the amount paid by you, if any, for accessing this Site. This limitation of liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (i.e., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Jaguar cannot and does not guarantee continuous or uninterrupted access to or security of the Site. Jaguar does not warrant that the Site or Content will not violate any patent or other intellectual property rights of any person or entity.
You agree to indemnify and hold Jaguar, its affiliates, directors, officers, agents, members, shareholders, employees and contractors harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, costs and expenses arising from (a) your use of the Site or any of the information, products or services from this Site (b) any content you provide or transmit to the Site (c) your violation of this Agreement (d) your violation of any rights of another or (e) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, Jaguar may, in its sole discretion, control the disposition and/or defense of any claim at your sole cost and expense in which event you may not settle, compromise or in any other manner dispose of the claim without Jaguar’s consent and shall cooperate with Jaguar in asserting any available defense.
This TOS constitutes the entire agreement of the parties with respect to the subject matter hereof and supercedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. This TOS may not be amended, nor any obligation waived, without Jaguar’s written authorization. Any failure to enforce any provision of this TOS shall not constitute a waiver thereof or of any other provision thereof.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.