Terms and Conditions of Use
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Please read the following information in its entirety before ordering or purchasing any products or services from our website. Simpatiko Film Works is further referred to as 'Simpatiko', 'we', 'us' or 'our'. Simpatiko’s website is http://www.simpatikofilmworks.com (further referred to as 'Site').
Your access to the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and any changes to this Terms of Use Agreement (further referred to as 'Agreement') that Simpatiko may publish from time to time, whether or not you are a registered member of Simpatiko (further referred to as 'Member'). By accessing or using this Site in any way, including, without limitation, subscribing to a newsletter, purchasing any services through the Site, searching the Site or merely browsing the Site, you agree to and are bound by the terms, conditions, restrictions and limitations of this Agreement and Simpatiko’s Privacy Policy. Every time you access the Site, by doing that you confirm your agreement with Simpatiko’s Privacy Policy and this Agreement. You must familiarize yourself with this information and are encouraged to update your knowledge often.
- Eligibility
You must be 18 years of age or older to use the Site. By using the Site, you warrant that you have the right, authority, and capacity to enter into this Agreement. Your use of the Site is conditional upon your acceptance and compliance with this Agreement and Simpatiko’s Privacy Policy.
- Content
All information, text, material, graphics, files and software used on the Site (further referred to as "Content") are protected by United States and international copyright and trademark laws. Except as otherwise explicitly agreed to in writing, the Content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only, through the means of your home computer. You agree not to reproduce, retransmit, distribute, sell, republish, frame, broadcast or circulate the Content received through the Site, without Simpatiko’s prior written consent.
- Membership
When you purchase any services or products from Simpatiko, or subscribe to Simpatiko newsletter, you are required to submit your personal information to access these services or products, i.e. become a Member. By becoming a Member, you receive the facility to access Simpatiko services and products.
- User license to Simpatiko
By posting any Content to the Site (including without limitation inputting data, posting messages, sending emails or photos, uploading files, or engaging in any other form of communication with the Site or through the Site), you grant to Simpatiko, and you warrant that you have the right to grant, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, redistribute, adapt, transmit, publish, display, and broadcast this Content, and prepare derivative works from this Content, as well as sublicense the unrestricted right to exercise any of the foregoing rights granted, to any third party, in regard to this Content.
- Links to other websites
The Site contains links to third party websites and advertisements with such links. These linked websites are not under control of Simpatiko and Simpatiko is not responsible for the contents of any linked web site. The inclusion of the link or advertisement on the Site does not imply any endorsement of the linked website, and Simpatiko has no knowledge of those web sites and/or their products. You should refer to the relevant advertiser for the product information and customer support.
- Termination
This Agreement is effective until terminated by Simpatiko. Simpatiko may terminate your access to the Site at any time, for any reason without notice, including without limitation our good-faith belief that you have violated these Terms of Use Agreement. In the event of termination, you will be no longer authorized to access the Site, but this Agreement will remain in effect and all restrictions imposed on you, licenses granted by you and all Simpatiko disclaimers and limitations of liability set out in this Agreement will survive. If you have are a Member of Simpatiko, you may terminate your Membership at any time, for any reason. Simpatiko may terminate your Membership at any time, for any reason, without notice. If Simpatiko terminates your Membership because you have breached the Agreement, you will not be entitled to any refund of the fees that you paid to Simpatiko, but you will be still legally bound by this Agreement.
- Disclaimer and limitation of liability
- The Service and Content are provided "as is", without warranties of any kind, either express or implied;
- Simpatiko does not warrant that your use of the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site and its server are free from viruses or any other harmful components;
- Simpatiko does not warrant any Content in terms of correctness, accuracy, timeliness, or completeness;
- Simpatiko expressly disclaims warranties of any kind including without limitation implied warranties of merchantability and fitness for a particular purpose. Under no circumstances, including without limitation any act or negligence on the part of Simpatiko, will Simpatiko or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use, or any inability to use the Site or any Content. The Content is published for information only without assuming a duty of care. Simpatiko is not in the business of providing professional advice, and gives no warranty, guarantee or other representation about the accuracy of any Content. Simpatiko is not liable for errors, omissions, delays, interruptions or cessation of the services through negligence or otherwise. To the extent permitted by law, Simpatiko disclaims liability to all persons in relation to any loss or damage suffered through their use of the Site or communication with other Members. To the extent permitted by law, in the case of services supplied or offered by Simpatiko, its liability for breach of any implied warranty or condition that cannot be excluded by the law is limited, at the sole discretion of Simpatiko, to the supply of the services again, or the payment of the cost of having the services supplied again.
- Indemnification
If Simpatiko suffers any loss or damage or incurs any costs in connection with any breach of this Agreement or any other legal obligation incurred due to your acts or negligence, then you agree to indemnify Simpatiko for those losses, damages and costs.
- Arbitration
This agreement will be governed by and construed in accordance with the laws of the state of California. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of California. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
- Changes to this Agreement
Simpatiko may choose to change the terms, conditions and operation of this Agreement anytime, such modifications to be effective upon posting on the Site.
- Other Rights
All rights not expressly granted herein are reserved.
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