Terms for usage for US dvds and Films
(these “Terms” or this “Agreement”) govern the use of Sites and / or
any Content by you (a “User”).
Isamar BV reserves the right to change or modify all or part of this
agreement at any time, effective immediately upon publication on this
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.
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.
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.
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:
download (other than page caching), reproduce, copy, or resell the
Sites, the Content or any portion or derivative thereof;
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;
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;
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
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.
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
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
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.
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. §
Age of Users
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.
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.
will not redistribute Content to anyone, nor will User permit any
minor, or any individual who would find this offensive, to view this
Termination of Usage
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.
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
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.
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.
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.
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
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: email@example.com. User is
liable for any unauthorized use of our services until User notifies us
of the security breach.
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
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.
DISCLAIMERS AND LIMITATION OF LIABILITY
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.
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
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.
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.
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.
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.
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
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.
Third Party Content
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
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.
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.
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
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.
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.
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.