BITPIX DIGITAL TERMS AND CONDITIONS OF USE
LAST REVISED: OCTOBER 27, 2016
PLEASE READ THIS AGREEMENT CAREFULLY. BY VIEWING AND/OR USING THIS WEB SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
This Agreement (the "Agreement") governs your use of the BitPix Digital Web site accessible via bitpixdigital.com (the "Site"). BitPix Digital reserves the right to change the terms and conditions of this Agreement at any time by posting a revised Agreement on the Site. BitPix Digital will notify you that changes have been made by indicating on the top of this Agreement the date it was last revised (following the words "Last Revised"). The revised Agreement will be effective immediately after it is posted on the Site. Your use of the Site following posting of a revised Agreement will constitute your acceptance of any such revisions. BitPix Digital encourages you to review this Agreement whenever you visit the Site to make sure that you understand the current terms and conditions governing your use of the Site. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately discontinue your use of the Site.
1. Eligibility; Restrictions
Eligibility. The Site is not intended for children. Persons under the age of thirteen do not have a license to use this site and should leave immediately.
Restrictions. (a) you may not commercially exploit the Site or any portion thereof (b) you may not use framing techniques to enclose any trademark, logo, or other content on the Site (including images, text, page layout or form); (c) you may not use any metatags or other “hidden text” using BitPix Digital’s name or trademarks; (d) you may not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you may not use any manual or automated software, devices or other processes to “scrape” or download data from any web pages contained on the Site; and (f) you may not access the Site in order to build a similar or competitive website, application or service.
2. Grant of Limited License by BitPix Digital
In consideration of your agreement to these terms and conditions, and subject to your compliance with them, BitPix Digital grants you a personal, nonexclusive, non-assignable and nontransferable license to use the Site from a single computer solely as permitted under this Agreement and, for subscribers to the BitPix Digital Shoot Management Platform and their users, subject to the terms of the applicable Service Order Form.
3. Site Content
Content posted by you to the Site, or sent by you to users of the Site, is referred to as “Your Content.” Content posted by other users of the Site (“Users”), or sent to Users by other Users, is referred to as “User Content.” User Content includes Your Content. Content that is posted by BitPix Digital is referred to as “BitPix Content.” Your Content, User Content, and BitPix Content are referred to collectively as the “Site Content.” The “Site,” as defined above, is comprised of the Site Content and the underlying software of the Site (including without limitation the structure, layout, design, look and feel, and functionality of the Site). The Site is a copyrighted work owned by BitPix Digital and/or its licensors.
(a) BitPix Content.
Your use of the BitPix Content and the Site is entirely at your own risk, and you agree that BitPix Digital will not be liable to you for any damages resulting from errors or omissions in the Site Content, your or another User’s use of the Site Content.
(b) User Content.
BitPix Digital is not responsible for and does not control User Content. BitPix Digital has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
(c) Your Content.
With respect to any information that you post to the Site or transmit via the Site, including without limitation documents, profile information, messages, and comments (collectively “Your Content”), you agree that you are solely responsible for Your Content.
You hereby grant to BitPix Digital a perpetual, royalty-free and non-exclusive worldwide license to publish Your Content on the Site or on any other Site or in any other media. You agree that BitPix Digital may reproduce, modify, adapt, distribute and/or publish any of Your Content, in any media, at any time, without compensation to you. You represent, warrant, and guarantee that you have the full right, ability, and authority to post Your Content to the Site and grant this license to BitPix Digital.
You agree that BitPix Digital has the right ( but not the obligation ) to access, re-arrange, modify and remove or restrict access to any Site Content, including Your Content, in its sole discretion and without notice or compensation to you. Without limiting the foregoing, you agree that BitPix Digital may (but shall have no obligation to) remove or restrict access to any Content that violates this Agreement or that BitPix Digital believes is otherwise objectionable, for any reason or no reason, in its sole discretion.
You agree to hold harmless, defend, and indemnify BitPix Digital, its officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorneys' fees, that are due to, or that arise from your use or misuse of the Site, or for infringement by you or Your Content of intellectual property rights or other right of any third party. We may assume exclusive control of any defense or any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.
5. User Conduct
You agree not to use the Site to:
(a) violate or solicit the violation of any applicable local, state, national or international law. Among other things, and without limiting the generality of the foregoing, you agree not to post Content that is obscene or that violates laws relating to sexually explicit material, that infringes the rights of any third party (including intellectual property and privacy or publicity rights), that is defamatory, or that constitutes hate speech under applicable law;
(b) post any Content that consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, breaking, and Warez;
(c) post the private information of yourself or another such as addresses, phone numbers, Social Security numbers or credit card numbers, or any other information that you do not have a right to post or that you have agreed not to post;
(d) impersonate any person or entity, including, but not limited to, a BitPix Digital employee, or falsely state or otherwise misrepresent your affiliation with any other person or entity;
(e) forge headers or otherwise manipulate identifiers in order to falsify the origin of any Content transmitted through or to the Site;
(f) interfere with or disrupt the Site, or encourage others to do so in any manner whatsoever;
(g) disseminate off-topic messages or tags on the Site, including but not limited to messages promoting any product, service, web site, board or venture;
(h) threaten, harass, stalk, or “flame” other users;
(i) post tags that do not relate to the associated Content or that misrepresent the nature of Content.
WE CANNOT AND DO NOT ASSURE THAT OTHER USERS ARE COMPLYING, OR WILL IN THE FUTURE COMPLY, WITH THE FOREGOING USER CONDUCT GUIDELINES OR ANY OTHER PROVISIONS OF THIS AGREEMENT, AND, AS BETWEEN YOU AND BITPIX DIGITAL, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE BY OTHER USERS.
6. Your Registration and Account
(a) Registration Obligations.
Membership is required to use most functions on the Site. To become a member of BitPix Digital, you must provide BitPix Digital with the certain information, including without limitation your name and email address ("Registration Data"): You agree that the Registration Data you provide: (1) is true, accurate, current and complete, and (2) will be maintained and updated by you to keep it true, accurate, current and complete. BitPix Digital reserves the right to terminate your use of the Site if BitPix Digital, in its sole discretion, determines that any of your Registration Data is inaccurate or incomplete.
(b) Account Security.
You will obtain a user name and password upon completing the registration process for the Site. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities, charges and/or liabilities that occur under your user name and password or account number whether or not authorized by you. You will immediately notify BitPix Digital of any unauthorized use of your user name or any other breach of security. BitPix Digital cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section.
(c) Information Collection and Privacy.
7. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SITE AND ANY INFORMATION ACCESSIBLE ON OR THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SITE CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, BITPIX DIGITAL AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER BITPIX DIGITAL NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SITE, OR ANY INFORMATION CONTAINED THEREIN, WILL MEET YOUR REQUIREMENTS OR WILL BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS IN THE SITE OR INFORMATION WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SITE; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE SOFTWARE BEHIND THE SITE IS NON-INFRINGING. BITPIX DIGITAL AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE BITPIX DIGITAL AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH YOUR USE OF THIS SITE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF BITPIX DIGITAL OR ITS AFFILIATES.
THIS WEB SITE IS BASED IN NEW YORK, NEW YORK. BITPIX DIGITAL MAKES NO CLAIM THAT THE SITE OR CONTENT APPEARING THEREON ARE APPROPRIATE OR MAY LEGALLY BE ACCESSED FROM OUTSIDE OF THE UNITED STATES. ACCESS TO THE SITE MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE SITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT THE SITE, OR CONTENT ACCESSED THROUGH THE USE OF THE SITE, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, OR CONTENT CONTAINED THEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL BITPIX DIGITAL OR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SITE OR CONTENT BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED VIA THE SITE, (ii) ANY USE OR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SITE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. No notice is required from BitPix Digital to effectuate such termination. Additionally, BitPix Digital may terminate this Agreement at any time and for any or no reason and may effect notice of such termination through any means, including but not limited to posting such notice on the Site or otherwise publicly proclaiming such termination. Upon termination, you must stop using the Site.
10. Spam and Acceptable Use
We encourage you to tell your friends about the Site. However, you may only do so through means that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior.
Any communication you send to BitPix Digital, including feedback data, such as questions, comments, or suggestions regarding the Site (collectively "Feedback"), is non-confidential, and may be used by BitPix Digital for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback, without notice or compensation to you, and by submitting such Feedback to BitPix Digital you grant BitPix Digital a perpetual, royalty-free worldwide license to use such Feedback in any medium whatsoever.
All written notices to BitPix Digital shall be delivered via email to [email protected] BitPix Digital may provide you notices of changes to this Agreement or any other matter by displaying notices to you generally on the Site. BitPix Digital may change its address by displaying such changes on the Site.
13. Digital Millennium Copyright Act
If you become aware of any infringing content on the Site, please notify BitPix Digital. BitPix Digital responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. Our intellectual property policy, and instructions for notifying us of allegedly infringing material on the Site can be accessed by clicking here.
This Agreement constitutes the complete and exclusive agreement between you and BitPix Digital and supersedes any other oral or written communications between the parties regarding the subject matter herein. Any rights not expressly granted herein are reserved.
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
This Agreement is governed by the laws of the State of New York, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in New York County, New York for any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to this Agreement. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to international laws or treaties, or the laws of the jurisdiction in which you reside, to have a case relating to this Agreement adjudicated or resolved in that jurisdiction.
IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS AND CONDITIONS OF USE, PLEASE EMAIL US AT [email protected]