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DEFINITIONS
The " Download Drive-In Site" is the Website located at
www.downloaddrivein.com together with its related websites, including
www.barnstorm-inc.com. "You" means you, the user of the
Download Drive-In Site and "Your" shall be interpreted
accordingly. " Download Drive-In /We/Us" means Download
Drive-In and Barnstorm Productions, Inc. and "Our" shall
be interpreted accordingly. "User Information" means the
personal details, which may be provided by You to Us via the Download
Drive-In Site. "Users" means the users of the Download
Drive-In Site collectively and/or individually as the context admits.
"Website" means a site on the World Wide Web. These Terms
of Use shall apply to Your use of the Download Drive-In Site located
at www.downloaddrivein.com and its related channels, including www.barnstorm-inc.com.
ACCEPTANCE
OF TERMS
By using the Download Drive-In Site you agree to be bound by the
terms and conditions set out below. If you do not wish to be bound
by these terms and conditions, you should not use the Download Drive-In
Site.
We may change these Conditions and Terms of Use from time to time
and so you should check these regularly. Your use of the Download
Drive-In Site will be deemed an acceptance of the terms existing
at that time. Please
review our Privacy Notice, which also governs your visit to Download
Drive-In, to understand our practices.
ELECTRONIC
COMMUNICATIONS
When you visit Download Drive-In or send e-mails to us, you are
communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or
by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications
be in writing.
LICENSE
AND SITE ACCESS
Download Drive-In grants you a limited license to access and make
personal use of this site and not to download (other than page caching
and purchasing of video) or modify it, or any portion of it, except
with express written consent of Download Drive-In. This license
does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions,
or prices; any derivative use of this site or its contents; any
downloading or copying of account information for the benefit of
another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools. This site or any portion of
this site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without
express written consent of Download Drive-In. You may not frame
or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout,
or form) of Download Drive-In and our affiliates without express
written consent. You may not use any meta tags or any other "hidden
text" utilizing Download Drive-In's name or trademarks without
the express written consent of Download Drive-In. Any unauthorized
use terminates the permission or license granted by Download Drive-In.
You are granted a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of Download Drive-In so long
as the link does not portray Download Drive-In, its affiliates,
or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any Download Drive-In
logo or other proprietary graphic or trademark as part of the link
without express written permission.
CONTENT
If you do post content or submit material, and unless we indicate
otherwise, you grant Download Drive-In and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right
to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the
world in any media in order to promote your video and Download Drive-In.
You grant Download Drive-In and its affiliates and sublicensees
the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own
or otherwise control all of the rights to the content that you post;
that the content is accurate; that use of the content you supply
does not violate this policy and will not cause injury to any person
or entity; and that you will indemnify Download Drive-In, Barnstorm
Productions, Inc. or its affiliates for all claims resulting from
content you supply. Download Drive-In has the right but not the
obligation to monitor and edit or remove any activity or content.
Download Drive-In takes no responsibility and assumes no liability
for any content posted by you or any third party.
VIDEO
PRODUCT DESCRIPTIONS
Download Drive-In and its affiliates attempt to be as accurate as
possible. However, Download Drive-In does not warrant that video
product descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If a video product offered
by Download Drive-In itself is not as described, your sole remedy
is to contact the content provider.
OTHER
BUSINESSES
Parties other than Download Drive-In and its subsidiaries operate
video stores, provide video services, or sell video product lines
on this site. In addition, we provide links to the sites of affiliated
companies and certain other businesses. We are not responsible for
examining or evaluating, and we do not warrant the offerings of,
any of these businesses or individuals or the content of their Web
sites. Download Drive-In does not assume any responsibility or liability
for the actions, product, and content of all these and any other
third parties. You should carefully review their privacy statements
and other conditions of use.
ACCEPTABLE
USE
You agree that any use by you of the Download Drive-In Site shall
be in accordance with the following conditions:
You will not copy, reproduce, republish, frame, broadcast, transmit
in any manner whatsoever, any material on the Download Drive-In
Site unless otherwise agreed in writing with Download Drive-In.
If
you use this site, you agree to accept responsibility for all activities
that occur from access via a computer you own or for which you are
responsible. Download Drive-In does promote the sale of video products
for children, but it requires the sale to be made by adults, who
can purchase with a credit card. If you are under 18, you may use
Download Drive-In only with involvement of a parent or guardian.
Download Drive-In and its affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders
in their sole discretion.
COPYRIGHT
AND INTELLECTUAL PROPERTY
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
software, and all other intellectual property rights in all material
or content supplied as part of the Download Drive-In Site is the
property of Download Drive-In, its content suppliers, or third party
participants and protected by United States and international copyright
laws. Site These rights shall remain at all times vested in us,
our licensors, or our participants. The compilation of all content
on this site is the exclusive property of Download Drive-In and
protected by U.S. and international copyright laws. All software
used on this site is the property of Download Drive-In or its software
suppliers and protected by United States and international copyright
laws. You will not, and you will not assist or facilitate any third
party to, copy, reproduce, transmit, distribute, frame, commercially
exploit or create derivative works of such material or content.
If you become aware of any such distribution or commercial exploitation,
you agree to notify us immediately.
CONTRIBUTIONS
TO DOWNLOAD DRIVE-IN
Where you are invited to submit any contribution to Download Drive-In
(including any text, photographs, graphics, video or audio) you
agree, by submitting your contribution, to grant Download Drive-In
a perpetual, irrevocable royalty-free, non-exclusive, sub-licensable
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, play, make available
to the public, and exercise all copyright and publicity rights with
respect to your contribution worldwide and/or to incorporate your
contribution in other works in any media now known or later developed
for the full term of any rights that may exist in your contribution,
and in accordance with privacy restrictions set out in Download
Drive-In 's Privacy Policy. If you do not want to grant to Download
Drive-In the rights set out above, please do not submit your contribution
to Download Drive-In. The license extends to copying, distributing,
broadcasting, and otherwise transmitting, and adapting and editing
the materials.
By submitting your contribution to Download Drive-In, you warrant
that your contribution;
· is your own original work and that you have the right to
make it available to Download Drive-In for all the purposes specified
above or is another's work and that you have the full legal right
to make it available to Download Drive-In for all the purposes specified
above;
· is not defamatory; and
· does not infringe any law;
You will indemnify Download Drive-In against all legal fees, damages
and other expenses that may be incurred by Download Drive-In as
a result of your breach of the above warranty; and
You will waive any moral rights in your contribution for the purposes
of its submission to and publication on Download Drive-In website
and the purposes specified above.
DISCLAIMER
You agree that your use of the Download Drive-In site shall be at
your own risk. To the fullest extent permitted by the law, Download
Drive-In, it's officers, directors, employees and agents, disclaim
all warranties, express or implied, in connection with the website
and your use thereof.
Download Drive-In makes no warranties or representations about the
accuracy or completeness of this site's content and assumes no liability
or responsibility for any i) errors, mistakes or inaccuracies of
content, ii) personal injury or property damage, of any nature whatsoever,
resulting from your access to and your use of the Download Drive-In
website, iii) any unauthorized access to or use of our secure servers
and/or any and all personal information stored therein; iv) any
loss or damage (whether such losses where foreseen, foreseeable,
known or otherwise): (a) loss of data; (b) loss of revenue or anticipated
profits; (c) loss of business; (d) loss of opportunity; (e) loss
of goodwill or injury to reputation; (f) losses suffered by third
parties; or (g) any indirect, consequential, special or exemplary
damages arising from the use of Download Drive-In website regardless
of the form of action.
LIMITATION
OF OUR LIABILITY
Download Drive-In content, including the information, names, images,
pictures, logos and icons regarding or relating to Download Drive-In,
its products and services (or to third party products and services),
is provided "AS IS" and on an "IS AVAILABLE"
basis without any representations or any kind of warranty made (whether
express or implied by law) to the extent permitted by law, including
the implied warranties of satisfactory quality, fitness for a particular
purpose, non-infringement, compatibility, security and accuracy.
We will endeavor to provide the Download Drive-In Site using all
reasonable care. Except as required by law, We will not be responsible
or liable for the quality, accuracy or fitness for a particular
purpose of the Download Drive-In Site and do not promise that the
material contained in the Download Drive-In Site, or any of the
functions contained in the Download Drive-In Site or its server
will operate without interruption or delay or will be error free,
free of viruses or bugs or is compatible with any other software
or material.
Material which appears in video, audio, graphic, or written form
is the claim of a third party participant and we are not responsible
for and do not endorse such material. We reserve the right to assess
or re-assess a video, audio, graphic, or written submission and
remove it at our own discretion for any reason. No failure to remove
particular material constitutes an endorsement or acceptance of
it by us.
We will not be held responsible for statements, advice and/or opinions
made or given by third party participants in their video, audio,
graphic, or written materials. If you have any claim arising from
such material, you agree to pursue such a claim only against that
participant and not from us.
The Download Drive-In website is provided by Download Drive-In from
its facilities in the United States of America. Download Drive-In
makes no representations that the Download Drive-In Website is appropriate
or available for use in other locations. Those who access or use
the Download Drive-In Website from other jurisdictions do so at
their own volition and are responsible for compliance with local
law.
THIRD
PARTY WEBSITES
You acknowledge and agree that we are not responsible for the availability
of any third party Websites or material you access through the Download
Drive-In Site.
We do not endorse and shall not be held responsible or liable for
any content, advertising, products or services on or available from
such Websites or material.
Any dealings between you and any third party advertisers or merchants
found on or via the Download Drive-In Site, including payment for
and delivery of products, services and any other terms, conditions,
warranties or representations associated with such dealings, are
made between you and the relevant advertiser or merchant. Therefore,
we are not responsible or liable for any loss or damage of any kind
incurred as the result of any such dealings.
PRIVACY
We shall comply with all applicable United States of America data
protection legislation from time to time in place in respect of
any personal information relating to you gathered by us.
You may be asked to input information about yourself for submission
of materials to the Download Drive-In Site. We will not use the
information you provide to us for any purpose that is not set out
in Our Privacy Policy, other than as stated at each location where
such information is requested.
GOVERNING
LAW
These terms shall be governed by and interpreted in accordance with
the laws of the United States of America.
Without limiting any of the terms and conditions set forth in the
Download Drive-In Terms of Use, Download Drive-In makes the following
specific disclaimers for the following categories of information:
·Investment & Financial Information
The Download Drive-In content located on this Download Drive-In
Site should not be interpreted as financial or investment advice
nor should it be interpreted as creating any kind of investment
advisor nor financial advisor relationship. You should NOT rely
upon the financial and investment information or opinions provided
herein and you should conduct your own independent research and
consult with your personal investment advisor before making an investment
or financial decision. You are solely responsible for any investment
and financial decisions, omissions or actions you take. Neither
Download Drive-In, its parent, its affiliates, nor any of their
respective agents, employees, information providers or content providers
shall have any liability for your financial/investment decisions
based upon, or the results obtained from, the Download Drive-In
content.
·Medical
& Health Information
The Download Drive-In content located on this Download Drive-In
Site should not be interpreted as medical or health advice. The
Download Drive-In content should not be used to diagnose, treat
or cure any medical or health condition nor should it be interpreted
as creating any kind of doctor-patient or health/medical advisor
relationship. You should NOT rely upon the medical, health, dietary,
nutritional or other professional information or opinions provided
and you should always speak to your personal health care provider
before beginning, changing or stopping any medication or any treatment
for a health problem. You are solely responsible for any decisions,
omissions or actions you take based on choosing to seek or not to
seek professional medical care, or choosing or not choosing specific
treatments. Neither Download Drive-In, its parent, its affiliates,
nor any of their respective agents, employees, information providers
or content providers shall have any liability for Your medical,
health, dietary or nutritional decisions based upon, or the results
obtained from, the Download Drive-In content.
·Legal Information
The Download Drive-In content located on this Download Drive-In
Site should not be interpreted as legal advice nor should it be
interpreted as creating any kind of attorney-client nor legal advisor
relationship. You should NOT rely upon the legal information or
opinions provided and you should consult with your personal legal
advisor because this Website is not a substitute for an in-person
consultation with an attorney as the applicability of the legal
principles discussed at this website may differ substantially in
individual situations or in different states or countries. You are
solely responsible for any legal decisions, omissions or actions
you take. Neither Download Drive-In, its parent, its affiliates,
nor any of their respective agents, employees, information providers
or content providers shall have any liability for your legal decisions
based upon, or the results obtained from, the Download Drive-In
content.
·General Sports, Entertainment, Demonstration, or Lifestyle
Information
The Download Drive-In content located on this Download Drive-In
Site should not be interpreted as sports, entertainment, demonstration,
or lifestyle advice or endorsement nor should it be interpreted
as creating any kind of personal advisor nor personal advisor relationship.
You should NOT rely upon the information or opinions provided herein
and you should conduct your own independent research and consult
with your personal experts and advisors before making any personal
sports, entertainment, demonstration, or lifestyle decisions. You
are solely responsible for any decisions, omissions or actions you
take. Neither Download Drive-In, its parent, its affiliates, nor
any of their respective agents, employees, information providers
or content providers shall have any liability for your decisions
based upon, or the results obtained from, the Download Drive-In
content.
SITE
POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our privacy policy posted
on this site. These policies also govern your visit to Download
Drive-In. We reserve the right to make changes to our site, policies,
and these Conditions and Terms of Use at any time. If any of these
conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the
validity and enforceability of any remaining condition.
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