TERMS OF USE
Moviola provides this Web Site (the "Site") as a service, and it is the property of Moviola. By using the Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. Moviola may change these Terms of Use from time to time, at Moviola's sole discretion. Your continued use of the Site following the posting of such changes will constitute your agreement to all such changes. Subject to your agreement to these Terms of Use, Moviola grants you a personal, non-exclusive, non-transferable, limited privilege to use the Site as provided herein.
If you violate any of the terms of use of this Site, or improperly interfere with any other user’s access or use of the Site, Moviola will have the right, in its sole discretion, to terminate your access to the Site without liability to you or any third party.
CONTENT
All design, text, graphics, images, audio, video, trademarks, servicemarks, logos, sounds, as well as the selection and arrangement thereof on the Site, is the property of Moviola and/or its licensors or suppliers. Copyright © 2000 - in perpetuity Moviola ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this Web Site solely for your internal reference or informational purposes within your organization, or the purpose of placing an order with Moviola. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original, and you will not make any modification to any such materials. Unless prior written permission is obtained from Moviola, any other use of materials on this Web Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, is strictly prohibited. EXCEPT AS ALLOWED IN THESE TERMS OF USE, VISITORS OR USERS ARE NOT PERMITTED TO REPRODUCE, MODIFY, RENT, LEASE, LOAN, SELL, DISTRIBUTE, MIRROR, FRAME, DISPLAY, PERFORM, REPUBLISH, DOWNLOAD, TRANSMIT, LICENSE, SUB-LICENSE, DECOMPILE, REVERSE ENGINEER OR CREATE DERIVATIVE WORKS OF ANY OF THE CONTENT (INCLUDING SOFTWARE, MATERIALS AND SERVICES) ON THIS SITE, IN WHOLE OR IN PART, BY ANY MEANS. You must not remove or modify any copyright or trademark notice, or other notice of ownership, of any materials on the Site. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, or any services or materials on the Site.
This Website is intended for informational purposes only.
This limited license does not permit you to incorporate any material from this web site in any other work, publications or web site either of your own or belonging to any third party without the prior consent of Moviola Digital.
This Website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s). Accordingly, the information in this Website is not intended to constitute any legal, consultative or other professional advice, service or contract in any way.
This website and the information contained herein is provided "as is", and Moviola Digital makes no express or implied representations or warranties regarding this website or the information in it. Without limiting the foregoing, Moviola Digital does not warrant that the website or information in it will be error-free or will meet any particular criteria of performance or quality. Moviola Digital expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Your use of this website and information in it is at your own risk. You assume full responsibility and risk of loss resulting from the use of this website or information in it. None of Moviola Digital or its affiliates, or any partners, principals, stockholders or employees of any thereof will be liable for any special, indirect, incidental, consequential or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence) or otherwise, relating to the use of this website or information contained in it.
If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.
TRADEMARKS
Moviola, the Moviola logo design, and all product names, page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Moviola. Moviola is a registered trademark of Magnasync/Moviola Corporation in the United States and other countries. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners. Moviola prohibits the use of the Moviola logo as a "hot" link to any Moviola Web site unless the establishment of such a link is approved by Moviola.
LICENSE DISCLAIMER
Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Moviola, its suppliers or licensors, or any other third party.
Any software available to download from the Site is the copyrighted work of Moviola and/or its suppliers or licensors. Use of such software is governed by the terms of any end user license agreement that accompanies or is included with the software (“License Agreement”). Copying the software to any other location for further reproduction, redistribution or other unauthorized use is expressly prohibited, unless otherwise permitted under the License Agreement.
Absent a License Agreement that accompanies the Software, use of the Software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. The Software is made available solely in accordance with the License Agreement. Without limiting the foregoing, unless the accompanying License Agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or reproduction of the Software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Any Software which is downloaded from or made available via the Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICE AND CONTENT FROM OR THROUGH THIS SITE ARE PROVIDED "AS-IS" AND MOVIOLA AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MOVIOLA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE, INCLUDING ANY LINKS TO OTHER INTERNET SITES, IS ACCURATE, COMPLETE OR CURRENT, AND MOVIOLA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOVIOLA SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
In no event shall Moviola or its affiliates, suppliers or licensors be liable for any compensatory, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever arising out of or in connection with the use of this Site, including liability for any damages caused by viruses contained within the electronic files or at the Site, loss of use, loss of data, income or profit, or loss of or damage to property or claims of third parties.
You agree to indemnify, defend and hold Moviola and its directors, officers, employees, affiliates, licensors, content and service providers, distributors, dealers and suppliers harmless from any liability, loss, claim and expense, including attorney's fees and expenses, arising from or related to your use of the Site, the placement, posting, or transmission of any message, information, software, content or other materials on or through the Site by you, or any violation of these terms.
CHOICE OF LAW AND JURISDICTION
Moviola controls this Web Site (excluding linked Sites) from the Los Angeles, the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Los Angeles, by accessing this Web Site both the User and Moviola agree that the statutes and laws of the State of California, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Web Site. User and Moviola also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of Los Angeles, and the United States District Court for the District of California with respect to such matters. Moviola makes no representation that materials on the Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
TRANSMISSION OF PERSONAL DATA/USER COMMUNICATIONS
Except as required by law, Moviola will maintain the confidentiality of all personal information transmitted to Moviola by the User. Please see our Online Privacy Policy. Any feedback you provide at this Site shall be deemed to be non-confidential and non-private, and Moviola may use such information on an unrestricted basis.
LINKS
Any links to other web sites are provided solely for your convenience, and Moviola is not responsible for their content, any changes or updates on them, or the collection of any personal data or confidential information by the operators of such third party sites.
GENERAL
The failure of Moviola to enforce any provision of these terms of use will not constitute a waiver of such provision or right. These terms of use constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any court of competent jurisdiction finds any provision of these terms of use unenforceable or invalid, the remainder of these terms of use will nevertheless continue in full force and effect. You agree that any material breach of these terms will result in irreparable harm to Moviola for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Moviola 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 Moviola seeks such an injunction. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.
