Terms of Usage
Terms for usage for US dvds and Films
Agreement: This website is owned and operated by Isamar BV, These Terms of Use (these “Terms” or this “Agreement”) govern the use of Sites and / or any Content by you (a “User”).
Modification: Isamar BV reserves the right to change or modify all or part of this agreement at any time, effective immediately upon publication on this site.
Acceptance: Your use of Sites and / or any Content constitutes your binding acceptance of these terms and conditions, including any published changes or modifications made by Isamar BV. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease use of Sites.
USE
Copyright:
All articles, text, messages, graphics, logos, icons, pictures, software, music, sound, video and / or other materials are integral to Sites and referred hereto as “Content”. The Content is the property of either Isamar BV or its licensors (the “Licensors”), and is protected by copyright and other intellectual property laws.
Licenses: Isamar BV grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Isamar BV) of Sites. Isamar BV further grants the User a limited, nonexclusive and revocable right to create a hyperlink to any pages that comprise Sites so long as the link does not portray Sites, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
Restrictions: The foregoing licenses do not include any rights to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate Content to anyone without the express prior written consent of Isamar BV. You may use Content for your personal use, but copying and distributing Content to third parties from the Sites is forbidden. You are prohibited to:
modify, download (other than page caching), reproduce, copy, or resell the Sites, the Content or any portion or derivative thereof;
commercially use the Sites, the Content or any portion derivative thereof (unless User has a business relationship with Isamar BV );
copy or download any User's account information for the benefit of any third party;
enable high volume, automated, electronic processes that apply to the Sites or its systems;
use any robot, spider, data miner, scraper or other automated means to access the Sites or its systems for any purpose (unless robot, spider, data miner, or scraper is explicitly permitted by Isamar BV);
interfere or attempt to interfere with the proper working of the Sites;
bypass any measures used to prevent or restrict access to any portion of the Sites;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sites (unless User has a business relationship with Isamar BV);
use Sites’ domain names, trademarks, services marks or logos in any meta tags or any other "hidden text" or
use Sites for the purpose of posting on or transmitting through the Sites any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law; or
Any other unlawful purposes.
Prices: The price for an item on Sites may differ from the price shown in a User's shopping cart -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made.
Risk of Loss
The risk of loss and title for all items purchased via Sites pass to the User upon delivery of the item to the carrier for all international orders or domestic orders shipped via standard shipping.
Product Description and Display
The items offered for sale on Sites contain descriptions that are provided directly by a studio, manufacturer or distributor of such item. Isamar BV does not represent or warrant that the description of such items is accurate or complete.
Pursuant to Title 18, Part I, Chapter 110, § 2257 of the U.S. Code, all models and actors depicted in products and visuals on this website were over the age of eighteen (18) at the time of creation of said depictions, according to the Custodian of Records at the studio(s) that created said products or visuals. Some of the aforementioned depictions appearing or otherwise contained in or at this site contain visual depictions of sexually explicit conduct made before November 1, 1995, and as such are exempt from the requirements set forth in 18 U.S.C. § 2257.
Age of Users
Isamar BV does not intend the Sites to be used for purchasing or even viewing by individuals under the age of 18 (a "Minor") , only an individual over age of 18 can make a purchase.
User acknowledges that Sites contain sexual (XXX, adult, porn, hardcore, pornographic, erotic) material intended for individuals 18/21 years of age or older to view sexually explicit material as determined by the local and national laws of the region in which User resides. User agrees that he or she do not find sexually explicit material to be offensive or objectionable.
User will not redistribute Content to anyone, nor will User permit any minor, or any individual who would find this offensive, to view this material.
Termination of Usage
Isamar BV reserves the right, in its sole discretion, to restrict, suspend or terminate your access to Sites at any time for any reason without prior notice or liability. Isamar BV may change, suspend, or discontinue any Content without prior notice or liability. Isamar BV reserves the right to refuse service to anyone.
In cases which Isamar BV deems in its sole discretion to be egregious, Isamar BV may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Sites has been terminated including the right to use, access or create any account thereon; (ii) that Isamar BV refuses to provide any services to such Restricted User; and (iii) any subsequent dealings with Isamar BV will be subject to the following conditions:
Orders placed by a Restricted User ("Restricted Order") after the effective date specified in the Restriction Notice (the "Restriction Effective Date") shall be subject to cancellation.
Isamar BV shall be entitled to (1) charge the Administrative Fee against the payment method either used by the Restricted User to place the Restricted Order or stored by the Restricted User in the unauthorized account (e.g., credit card or (2) seek a judgment against the Restricted User for payment thereof.
Other conditions may apply and shall be set forth in the Restriction Notice.
CONTENT
Proprietary Rights
User acknowledges that Sites contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Isamar BV owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Third-Party Content
Isamar BV is a distributor and not a publisher of Content supplied by third parties and or Users. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Isamar BV unless expressly stated otherwise. Under no circumstance shall Isamar BV be liable for any loss, damage or harm caused by a User's reliance on information obtained through Sites. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through Sites.
PASSWORDS AND SECURITY
User that has an account on smcmovieproductions.com, which is shared by all Sites, will at all times maintain (1) the confidentiality of his or her user names and passwords and (2) keep the email address associated with the account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her smcmovieproductions.com account using an old e-mail address, such User will not receive messages from smcmovieproductions.com about his or her orders and inquiries or other matters) . If there is a breach of security through the User’s account, User must immediately change his / her password and notify us: admin@asmcmovieproductions.com. User is liable for any unauthorized use of our services until User notifies us of the security breach.
PRIVACY POLICY
Isamar BV considers your use of Sites to be private. However, we may access or disclose information about you, your account and / or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of Isamar BV, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.
We may use technology or other means to protect Sites, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security.
You may read about our privacy policy in details here.
DISCLAIMERS AND LIMITATION OF LIABILITY
SMCMOVIEPRODUCTIONS.COM IS PROVIDED BY ISAMAR BV ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH ISAMAR BV’S PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO ISAMAR BV PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITES; OR (IV) THAT THE SITES, THEIR SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF SITES ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
ISAMAR BV DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITES OR ANY RELATED SERVICES. THE OPERATION OF THE SITSE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ISAMARBV.
UNDER NO CIRCUMSTANCES SHALL ANY ISAMAR BV PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ISAMAR BV'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITES.
NO ISAMAR BV PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITES OR THE PURCHASE OF ANY PRODUCT THERE FROM, EVEN IF SUCH Isamar BV PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless, Isamar BV, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorney's fees, arising from your use of Sites. Isamar BV reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Isamar BV’s defense of such claim.
LINKS TO THIRD PARTY WEB SITES
Isamar BV makes no representations whatsoever about any other web site which you may access through the Sites. When you access a non-Isamar BV web site, please understand that it is independent from Isamar BV and that Isamar BV has no control over the content on that web site. In addition, a link to a non-Isamar BV web site does not mean that Isamar BV endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Isamar BV makes no representation or warranty as to any third party products.
MISCELLANY
Third Party Content
The Isamar BV services rely in part on the third party content licensed to Isamar BV to provide you with valuable information such as synopsis, reviews, box art, trailers, stills, and other. The Isamar BV is not liable for any third party content, inclusion or omissions from said content.
Governing Law
California law will govern this Agreement, except for the body of law relating to conflicts of law. Venue for any legal action will be the state courts of Los Angeles County, California, or the federal courts of the Central District of California.
Waivers
A party’s failure to enforce any provision of this Agreement will not be a waiver of the provision or the right to enforce it at a later time.
Entire Agreement
This Agreement sets forth the entire understanding and agreement between you and Isamar BV. For example, without limitation, any comments or terms you attempt to add as part of a purchase or other order confirmation, or any terms outside of those stated by Isamar BV will not be binding on Isamar BV. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein.
Severability
If any provision of this Agreement is held void or unenforceable, that determination will not affect:
The provision's application in other circumstances;
Other provisions in this Agreement; or
This Agreement's validity or enforceability as a whole.
Assignment
This Agreement and your user names and passwords are not assignable, transferable or sub-licensable by you without Isamar BV's prior written consent, and any such conveyance will be null and void.
Attorneys' Fees
If a legal action is brought regarding this Agreement, the prevailing party is entitled to recover—in addition to all other appropriate relief—its reasonable attorneys' fees and expenses as determined by the court. The prevailing party is the party entitled to recover its costs of suit, whether or not the action proceeds to final judgment.
Agreement: This website is owned and operated by Isamar BV, These Terms of Use (these “Terms” or this “Agreement”) govern the use of Sites and / or any Content by you (a “User”).
Modification: Isamar BV reserves the right to change or modify all or part of this agreement at any time, effective immediately upon publication on this site.
Acceptance: Your use of Sites and / or any Content constitutes your binding acceptance of these terms and conditions, including any published changes or modifications made by Isamar BV. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease use of Sites.
USE
Copyright:
All articles, text, messages, graphics, logos, icons, pictures, software, music, sound, video and / or other materials are integral to Sites and referred hereto as “Content”. The Content is the property of either Isamar BV or its licensors (the “Licensors”), and is protected by copyright and other intellectual property laws.
Licenses: Isamar BV grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Isamar BV) of Sites. Isamar BV further grants the User a limited, nonexclusive and revocable right to create a hyperlink to any pages that comprise Sites so long as the link does not portray Sites, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
Restrictions: The foregoing licenses do not include any rights to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate Content to anyone without the express prior written consent of Isamar BV. You may use Content for your personal use, but copying and distributing Content to third parties from the Sites is forbidden. You are prohibited to:
modify, download (other than page caching), reproduce, copy, or resell the Sites, the Content or any portion or derivative thereof;
commercially use the Sites, the Content or any portion derivative thereof (unless User has a business relationship with Isamar BV );
copy or download any User's account information for the benefit of any third party;
enable high volume, automated, electronic processes that apply to the Sites or its systems;
use any robot, spider, data miner, scraper or other automated means to access the Sites or its systems for any purpose (unless robot, spider, data miner, or scraper is explicitly permitted by Isamar BV);
interfere or attempt to interfere with the proper working of the Sites;
bypass any measures used to prevent or restrict access to any portion of the Sites;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sites (unless User has a business relationship with Isamar BV);
use Sites’ domain names, trademarks, services marks or logos in any meta tags or any other "hidden text" or
use Sites for the purpose of posting on or transmitting through the Sites any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law; or
Any other unlawful purposes.
Prices: The price for an item on Sites may differ from the price shown in a User's shopping cart -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made.
Risk of Loss
The risk of loss and title for all items purchased via Sites pass to the User upon delivery of the item to the carrier for all international orders or domestic orders shipped via standard shipping.
Product Description and Display
The items offered for sale on Sites contain descriptions that are provided directly by a studio, manufacturer or distributor of such item. Isamar BV does not represent or warrant that the description of such items is accurate or complete.
Pursuant to Title 18, Part I, Chapter 110, § 2257 of the U.S. Code, all models and actors depicted in products and visuals on this website were over the age of eighteen (18) at the time of creation of said depictions, according to the Custodian of Records at the studio(s) that created said products or visuals. Some of the aforementioned depictions appearing or otherwise contained in or at this site contain visual depictions of sexually explicit conduct made before November 1, 1995, and as such are exempt from the requirements set forth in 18 U.S.C. § 2257.
Age of Users
Isamar BV does not intend the Sites to be used for purchasing or even viewing by individuals under the age of 18 (a "Minor") , only an individual over age of 18 can make a purchase.
User acknowledges that Sites contain sexual (XXX, adult, porn, hardcore, pornographic, erotic) material intended for individuals 18/21 years of age or older to view sexually explicit material as determined by the local and national laws of the region in which User resides. User agrees that he or she do not find sexually explicit material to be offensive or objectionable.
User will not redistribute Content to anyone, nor will User permit any minor, or any individual who would find this offensive, to view this material.
Termination of Usage
Isamar BV reserves the right, in its sole discretion, to restrict, suspend or terminate your access to Sites at any time for any reason without prior notice or liability. Isamar BV may change, suspend, or discontinue any Content without prior notice or liability. Isamar BV reserves the right to refuse service to anyone.
In cases which Isamar BV deems in its sole discretion to be egregious, Isamar BV may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Sites has been terminated including the right to use, access or create any account thereon; (ii) that Isamar BV refuses to provide any services to such Restricted User; and (iii) any subsequent dealings with Isamar BV will be subject to the following conditions:
Orders placed by a Restricted User ("Restricted Order") after the effective date specified in the Restriction Notice (the "Restriction Effective Date") shall be subject to cancellation.
Isamar BV shall be entitled to (1) charge the Administrative Fee against the payment method either used by the Restricted User to place the Restricted Order or stored by the Restricted User in the unauthorized account (e.g., credit card or (2) seek a judgment against the Restricted User for payment thereof.
Other conditions may apply and shall be set forth in the Restriction Notice.
CONTENT
Proprietary Rights
User acknowledges that Sites contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Isamar BV owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Third-Party Content
Isamar BV is a distributor and not a publisher of Content supplied by third parties and or Users. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Isamar BV unless expressly stated otherwise. Under no circumstance shall Isamar BV be liable for any loss, damage or harm caused by a User's reliance on information obtained through Sites. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through Sites.
PASSWORDS AND SECURITY
User that has an account on smcmovieproductions.com, which is shared by all Sites, will at all times maintain (1) the confidentiality of his or her user names and passwords and (2) keep the email address associated with the account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her smcmovieproductions.com account using an old e-mail address, such User will not receive messages from smcmovieproductions.com about his or her orders and inquiries or other matters) . If there is a breach of security through the User’s account, User must immediately change his / her password and notify us: admin@asmcmovieproductions.com. User is liable for any unauthorized use of our services until User notifies us of the security breach.
PRIVACY POLICY
Isamar BV considers your use of Sites to be private. However, we may access or disclose information about you, your account and / or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of Isamar BV, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.
We may use technology or other means to protect Sites, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security.
You may read about our privacy policy in details here.
DISCLAIMERS AND LIMITATION OF LIABILITY
SMCMOVIEPRODUCTIONS.COM IS PROVIDED BY ISAMAR BV ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH ISAMAR BV’S PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO ISAMAR BV PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITES; OR (IV) THAT THE SITES, THEIR SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF SITES ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
ISAMAR BV DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITES OR ANY RELATED SERVICES. THE OPERATION OF THE SITSE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ISAMARBV.
UNDER NO CIRCUMSTANCES SHALL ANY ISAMAR BV PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ISAMAR BV'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITES.
NO ISAMAR BV PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITES OR THE PURCHASE OF ANY PRODUCT THERE FROM, EVEN IF SUCH Isamar BV PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless, Isamar BV, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorney's fees, arising from your use of Sites. Isamar BV reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Isamar BV’s defense of such claim.
LINKS TO THIRD PARTY WEB SITES
Isamar BV makes no representations whatsoever about any other web site which you may access through the Sites. When you access a non-Isamar BV web site, please understand that it is independent from Isamar BV and that Isamar BV has no control over the content on that web site. In addition, a link to a non-Isamar BV web site does not mean that Isamar BV endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Isamar BV makes no representation or warranty as to any third party products.
MISCELLANY
Third Party Content
The Isamar BV services rely in part on the third party content licensed to Isamar BV to provide you with valuable information such as synopsis, reviews, box art, trailers, stills, and other. The Isamar BV is not liable for any third party content, inclusion or omissions from said content.
Governing Law
California law will govern this Agreement, except for the body of law relating to conflicts of law. Venue for any legal action will be the state courts of Los Angeles County, California, or the federal courts of the Central District of California.
Waivers
A party’s failure to enforce any provision of this Agreement will not be a waiver of the provision or the right to enforce it at a later time.
Entire Agreement
This Agreement sets forth the entire understanding and agreement between you and Isamar BV. For example, without limitation, any comments or terms you attempt to add as part of a purchase or other order confirmation, or any terms outside of those stated by Isamar BV will not be binding on Isamar BV. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein.
Severability
If any provision of this Agreement is held void or unenforceable, that determination will not affect:
The provision's application in other circumstances;
Other provisions in this Agreement; or
This Agreement's validity or enforceability as a whole.
Assignment
This Agreement and your user names and passwords are not assignable, transferable or sub-licensable by you without Isamar BV's prior written consent, and any such conveyance will be null and void.
Attorneys' Fees
If a legal action is brought regarding this Agreement, the prevailing party is entitled to recover—in addition to all other appropriate relief—its reasonable attorneys' fees and expenses as determined by the court. The prevailing party is the party entitled to recover its costs of suit, whether or not the action proceeds to final judgment.
