Terms of Service
INTRODUCTION
By accepting our Terms of Service, you agree to the following:
Please read the terms and conditions below (“Terms of Use”) carefully before proceeding to purchase DVDs, stream video or procure an in-house/digital site license.
This Agreement licenses video content to you from Mission Films/Bruno Films (“Licensor”). By selecting the Order button, you (“Licensee” or “You”) are confirming that you have read and understand this Agreement and agree to be bound by the terms of this Agreement.
If you do not agree with the terms of this Agreement, do not select the Order button.
Mission Films/Bruno Films Terms of Service
1. ACCEPTANCE OF TERMS
This website is owned and operated by Mission Films/Bruno Films. Mission Films/Bruno Films permits access to and use of this site and its related products and services (collectively, the "Service"), subject to the terms and conditions in this Terms of Service ("TOS").
Mission Films/Bruno Films makes its Service available through several platforms, including by means of physical media (DVDs), via direct digital streaming licenses and via limited licenses enabling primarily educational institutions to host and stream content online through a password-protected platform.
PLEASE REVIEW THE TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT, DISTRIBUTING FILMS THROUGH THE SERVICES, PURCHASING DVDS, STREAMING FILMS, PROCURING AN IN- HOUSE/DIGITAL SITE LICENSE, ORDERING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TOS, DO NOT ACCESS, DISTRIBUTE THROUGH, OR USE THE SERVICE.
THE TOS REQUIRES BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOS OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TOS (EACH, A "CLAIM"), AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 17 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
You represent and warrant that you are: (i) over 18 years of age or the age of majority in your jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement of a parent or legal guardian and otherwise subject to these Terms of Use.
2. PRIVACY POLICY
In addition to the TOS, the Mission Films/Bruno Films Privacy Policy governs your access to and use of the Service.
IF YOU DO NOT CONSENT TO THE COLLECTION AND USE OF INFORMATION FROM OR ABOUT YOU IN ACCORDANCE WITH OUR PRIVACY POLICY, THEN YOU MAY NOT USE MISSION FILMS/BRUNO FILMS SERVICES.
3. GRANT OF RIGHTS
(a) All Mission Films/Bruno Films are protected by U.S. Copyright. Mission Films/Bruno Films grants you a limited, non- exclusive, non-transferable, non-sublicensable, revocable license to access, view, display, stream, or exhibit materials within the Service or obtained from the Service, including through any online software, applications, other similar components and through purchase of DVDs.
All other rights not expressly granted are reserved by Mission Films/Bruno Films . Further license limitations are as follows:
- i. DVD Rental and Purchase License: Rental or purchase of any Mission Films/Bruno Films DVD is for educational use during the specified DVD rental period, or for life of the DVD purchase and for the exact print, cassette or DVD purchased. Mission Films/Bruno Films DVDs are not licensed for screenings in which admission fees are charged, including but not limited to theatrical screenings. To avoid late charges, rented DVDs must be postmarked 24 hours after show date. All returns should be shipped via UPS.
- ii. Streaming License: Streaming, display, or exhibition of any Mission Films/Bruno Films film is for classroom use or in other related venues for educational use. Any other stream, display, or exhibition of Mission Films/Bruno Films must be licensed through special arrangement with Mission Films/Bruno Films. You may purchase unlimited online access to Mission Films/Bruno Films. Streamed Mission Films/Bruno Films may not be rented, loaned, sub-leased, re-sold or sub- licensed to others. Streamed Mission Films/Bruno Films may not be digitized, transferred, altered, duplicated or reproduced by any means except as expressly provided in this license without prior written authorization of Mission Films/Bruno. This streaming license is expressly conditioned upon receipt of payment by Mission Films/Bruno Films of all applicable fees and taxes.
1. Term – Limited License. The term of your limited license with respect to the Mission Films/Bruno Films film shall be concurrent with the length of the license chosen. Upon expiration, non-renewal, or any termination of the limited license, all of your rights to stream, display or exhibit Mission Films/Bruno Films shall cease. The limited license term commences at the time the license is purchased.
2. Term – Life of File License. If you select a life of file license option when placing your order, the term of your license with respect to the Mission Films/Bruno Films and any included updates shall be for the life of the file and, notwithstanding Section 3
(a), may only be revoked if you materially breach the TOS, or if the Mission Films/Bruno Films is withdrawn due to errors or third-party claims (including claims of infringement). If you select a life of file license and lose the ability to access the Mission Films/Bruno Films for any other reason (e.g., if Mission Films/Bruno Films discontinues online access services), or if the Mission Films/Bruno Films is otherwise eligible for local loading, you may obtain digital copies upon certifying that you will secure and restrict use of the Mission Films/Bruno Films as contemplated under the TOS, including implementation of appropriate copyright protection practices and technologies, as applicable. All use of Mission Films/Bruno Films shall continue to be subject to the terms of this life of file license, and file transfer costs, if any, shall be your responsibility.
(b) Licenses granted by Mission Films/Bruno Films under this TOS are further restricted as follows:
- i. Mission Films/Bruno Films licensed for educational use may only be shared by authorized users within a single, geographically unified campus. Permission is also granted for authorized users of distance learning programs affiliated with the same geographically unified campus and authorized users at a satellite campus of the same geographically unified campus, provided that the distance learning programs and satellite campuses are served by the same information network as the main campus and bear the same institutional name and affiliation. Sharing of Mission Films/Bruno Films with other institutions, or with users not specifically affiliated with the geographically unified campus is strictly prohibited.
- ii. Mission Films/Bruno Films licensed for educational use may be streamed at multi-campus K-12 institutions on a case-by-case basis. Please contact Mission Films/Bruno Films to make specific arrangements to obtain a license for K-12 institutions.
- iii. Mission Films/Bruno Films licensed to institutions for streaming via 14-day, 1-year, 3-year or life of file licenses may be used for all educational purposes, including classroom use. However, a personal viewing license does not permit use of Mission Films/Bruno Films for classroom use.
- iv. You may not make or distribute copies of Mission Films/Bruno Films, or electronically transfer Mission Films/Bruno Films from one computer to another or over any other internet server or other communications network, except as permitted by these TOS. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Mission Films/Bruno Films film to a human-perceivable form. You may not modify, transfer, or create derivative works based on the Mission Films/Bruno Films film or any part thereof, whether digitally or through analog transmission. You may not digitize, transfer, alter, duplicate or reproduce any Mission Films/Bruno Films, by whatever means, except as expressly provided in this license without prior written authorization of Mission Films/Bruno Films or the independent member/filmmaker. You may not rent, loan, sublease, sublicense or otherwise provide access to the Service to others. You may not transmit Mission Films/Bruno Films by means of broadcast, narrowcast, open-cable, direct broadcast satellite, or any other means, or to any off-campus, distance learning or affiliate website.
(c) All rights granted to you under this TOS are subject to your compliance with the TOS in all material respects and may only be exercised for your non-commercial personal or educational use. Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by Mission Films/Bruno Films or set forth in the agreement between Mission Films/Bruno Films and the institution through which you obtain access to the Service ("Institution Agreement").
(d) You grant Mission Films/Bruno Films an unlimited, exclusive, transferable, sub-licensable, irrevocable license to use your information pursuant to the exception stated in Paragraph 3(a) of the Privacy Policy.
4. REGISTRATION AND VIEWING
(a) You may browse the Service without registering for an account, but some features may not be accessible unless you register. In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mission Films/Bruno Films reasonably suspects that you have done so, Mission Films/Bruno Films may suspend or terminate your account.
(b) To stream films or order film DVDs within the Service, you must be an authorized user and you must register to use the Service accessed through www.NewDay.com.
(c) You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone unless that person is an authorized user. You agree to notify Mission Films/Bruno Films immediately of any unauthorized use of your account or password or any other similar breach of security.
5. RESPONSIBILITY FOR CONTENT
(a) You acknowledge and agree that all information, data, data records, databases, text, software, audiovisual works, music, sounds, photographs, images, graphics, videos, messages, scripts, tags, and other materials accessible through the Service, whether publicly posted or privately transmitted, whether via DVD or other physical media or via online streaming ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not Mission Films/Bruno Films , are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service ("Your Content"), and other users of the Service, and not Mission Films/Bruno Films , are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service ("User Content").
(b) You acknowledge and agree that Mission Films/Bruno Films has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Mission Films/Bruno Films reserves the right in its sole discretion to pre- screen, refuse or remove any Content. Without limiting the generality of the foregoing sentence, Mission Films/Bruno Films shall have the right to remove any Content that violates the TOS or that it deems objectionable.
(c) To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in the TOS with respect to Your Content; (ii) Your Content does not violate any duty of confidentiality owed to another party, or the copyright, trademark, right of privacy, right of publicity or any other right of any other party; and (iii) that you will provide adequate security for protection of Content from piracy, theft and any other misuse while Content is stored on systems controlled, owned, leased or otherwise contracted for your use.
6. RIGHTS TO CONTENT
(a) Mission Films/Bruno Films does not claim ownership of Your Content. However, you grant Mission Films/Bruno Films and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non- exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) only as necessary to provide the Service. You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
(b) Except with respect to Your Content, you acknowledge and agree that, as between you Mission Films/Bruno Films owns all rights, title and interest (including, but not limited to, all intellectual property rights) in the Service and all Content and other materials within the Service. The Service is protected by U.S. and international copyright and other intellectual property laws and treaties. Mission Films/Bruno Films reserves all rights not expressly granted to you.
(c) Except with respect to Your Content, you may not: (i) use, capture, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights to the Service, except as expressly permitted under the TOS; (ii) reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of any software within or associated with the Service; (iii) frame or utilize any framing technique to enclose any Content; (iv) access the Service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by Mission Films/Bruno Films; (v) rent, lease, lend, sell or sublicense the Service or otherwise provide access to the Service as part of a service bureau or similar fee-for-service purpose; or (vi) remove or obscure any proprietary notice that appears within the Service.
7. AUTHORIZED USE OF THE SERVICE
You represent and warrant that you are accessing the Service for educational purposes only, and that you are not accessing the Service for theatrical projection, screenings or playback.
You represent and warrant that: (i) you are a full, part-time or contract faculty member, a currently- enrolled student, educational staff, a researcher or independent contractor or independent member/filmmaker accessing the Service for individual use, or a casual, "walk-in" on-site user customarily granted access to the educational institution and using the content for individual use.
You represent and warrant that you are accessing the Service for the following educational purposes: (i) Classroom use, namely streaming, exhibition or display of Content in classrooms or other venues, for audiences of more than one person, conducted without charging admission. In this context, the Content may be exhibited by any means not requiring additional digitization, alteration, duplication or reproduction; (ii) Distance learning, namely specific coursework conducted via electronic, digital or other communications network (including Internet and Intranet) by students enrolled for that purpose through a geographically discrete setting which constitutes your principal place of business; and (iii) general educational use, namely exhibition or display of Content in educational settings including, but not limited to, primary schools, middle schools, high schools, colleges, universities, libraries, museums, hospitals, companies, and nonprofit organizations and for individual exhibition or display of Content by you for studying, researching or working through primary schools, middle schools, high schools, colleges, universities, and distance learning programs.
8. USER CONDUCT
In connection with your access to or use of the Service, you may not:
(a) upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non- disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate.
(b) impersonate any person or entity, including, but not limited to, Mission Films/Bruno Films personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(c) manipulate information or identifiers in order to disguise the origin of any Content transmitted through the Service;
(d) act in a manner that negatively affects the ability of other users to access or use the Service;
(e) take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(g) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Service or substantially download, reproduce or archive any portion of the Service;
(h) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password; or
(i) violate any applicable local, state, provincial, federal or international law or regulation.
9. SUGGESTIONS
If you elect to provide or make available to Mission Films/Bruno Films any suggestions, comments, ideas, improvements or other feedback relating to the Service ("Suggestions"), Mission Films/Bruno Films shall be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.
10. LINKS AND EXTERNAL MATERIALS
The Service or users of the Service may provide links to other websites or resources. You acknowledge and agree that Mission Films/Bruno Films does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources ("External Materials"). External Materials are subject to different terms of use and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that Mission Films/Bruno Films shall not be liable for any damage or loss resulting from or arising out of use of or reliance on any External Materials.
11. MODIFICATIONS TO THE SERVICE
Mission Films/Bruno Films reserves the right at any time to modify or discontinue the Service (or any portion thereof) with or without notice, and Mission Films/Bruno Films shall not be liable to you for any such modification or discontinuance.
12. INDEMNIFICATION
You shall indemnify, defend and hold Mission Films/Bruno Films and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, "Mission Films/Bruno Films Parties") harmless from and against any Claim (as defined in Section 1), demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys' fees, resulting from or arising out of your: (a) violation of the TOS or any law or regulation, including, but not limited to, the license restrictions stated in Paragraph 3(d); or (b) violation of any rights of another party.
13. DISCLAIMER OF WARRANTIES
(a) YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MISSION FILMS/BRUNO FILMS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) THE MISSION FILMS/BRUNO FILMS PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
(c) ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE IS MADE AVAILABLE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL INFORMATION BEFORE TAKING OR OMITTING ANY ACTION.
14. LIMITATION OF LIABILITY
(a) YOU ACKNOWLEDGE AND AGREE THAT THE MISSION FILMS/BRUNO FILMS PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR COST OF COVER, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE MISSION FILMS/BRUNO FILMS PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THE MISSION FILMS/BRUNO FILMS PARTIES' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TOS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT PAID BY YOU TO MISSION FILMS/BRUNO FILMS FOR ACCESS TO THE SERVICE AT ISSUE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.
(b) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. TERMINATION
(a) In the event that you violate the TOS, all rights granted to you under the TOS shall terminate immediately, with or without notice to you. To the extent that your access to the Service arises from an Institution Agreement, such access shall terminate upon termination of the applicable Institution Agreement.
(b) Upon termination of the TOS for any reason: (i) Mission Films/Bruno Films, in its sole discretion, may remove and discard Your Content; and (ii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination.
16. GOVERNING LAW
The TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of California, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the TOS.
17. BINDING ARBITRATION AND CLASS ACTION WAIVER
(a) ALL CLAIMS (AS DEFINED IN SECTION 1) SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THE TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT'S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
(b) The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA's rules are available at http: www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA's rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Newburgh, New York or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator on all matters relating to a claim shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
(c) WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN NEWBURGH, NEW YORK OR ORANGE COUNTY, NEW YORK. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
(d) Notwithstanding anything to the contrary, you and Mission Films/Bruno Films may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 17.
18. LEGAL COMPLIANCE
You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.
19. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the TOS, there shall be no third- party beneficiaries to the TOS.
20. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide Mission Films/Bruno Films’ Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Service; (d) your address, telephone number and email address; (e) a statement by you that you have 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 (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Mission Films/Bruno Films 's Agent for Notice of Copyright Claims can be reached as follows:
21. GENERAL PROVISIONS
Agent for Notice of Copyright Claims
Mission Films/Bruno Films Inc.
3447 25th Street, San Francisco, CA 94110 Email: info@brunofims.com.
The TOS constitutes the entire agreement between you and Mission Films/Bruno Films concerning your access to and use of the Service. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and Mission Films/Bruno Films with respect to such subject matter. The TOS may not be amended by you except in a writing executed by you and an authorized representative of Mission Films/Bruno Films. You may not assign or delegate any right or obligation under the TOS without the prior written consent of Mission Films/Bruno Films. The failure of Mission Films/Bruno Films to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the TOS. Any prevention of or delay in performance by Mission Films/Bruno Films hereunder due to labor disputes, acts of God, pandemics, governmental restrictions or orders, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.
22. SUBSCRIPTION RENEWAL AND CANCELLATION
By subscribing to our service, you acknowledge and agree to the automatic renewal of your subscription according to the selected subscription plan. You authorize us to charge your chosen payment method on file for the renewal fee at the beginning of each renewal period. The renewal fee will be the same as the original subscription fee, unless otherwise stated.
You may cancel your subscription any time after the first full year of your subscription. Contact us at info@splitfilm.org.
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