(www.trinityfilmsproductions.com)
Welcome to www.trinityfilmsproductions.com!
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
By using our web site (the “Web Site”), you are agreeing to comply with and be bound by the following terms of use, which may be updated from time to time without notice (collectively referred to hereinafter as the “Terms and Conditions”). The Terms and Conditions constitute a binding contract between you and www.trinityfilmsproductions.com, its representatives, designees, licensees, and assigns (“Trinity Films”, “we”, “us”, or “our”), regarding your use of the Web Site. If you do not agree with the Terms and Conditions, you may not access the Web Site and you must immediately exit.
2. YOUR REQUIRED REPRESENTATIONS
This Web Site is intended for individuals of legal age. By accessing this Web Site, you represent that you are at least eighteen (18) years of age. When you apply as a contestant or vote, you warrant and represent that you are of legal age and that you have read the Contest Rules and Participation Rules.
3. PERSONAL INFORMATION
When you provide information to us in any other manner, you represent and warrant that the information is truthful, accurate and current and that you will update us promptly of any changes to the information that you submit to us if you are a Participant or Contestant.
4. WEB SITE INTELLECTUAL PROPERTY
The Web Site include a combination of content created by us, or provided to us by a licensor. All of the content, and other information either displayed on, transmitted through, available for download, or otherwise used in connection with this Web Site, including but not limited to text, photographs, graphics, images, illustrations, animations, audio or video clips, html, source and object code, software, data, or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks (collectively, the “Content”) is owned or controlled by Trinity Films.
5. WEB SITE CONTENT, PERMITTED USE/ACCESS
We make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. We do not represent or warrant that use of the Content, when authorized, will not infringe rights of third parties. Third parties may provide some of the content available on this Web Site. We do not guarantee the accuracy, the integrity, or the quality of content provided by third parties. Neither we, nor any of our affiliated or related companies, or any of our/its employees, agents, content providers or licensors, make any representation or warranty of any kind regarding this Web Site or the Content whatsoever. We make no warranty that this Web Site will meet your requirements, be uninterrupted, timely, secure or error free, or that this Web Site or the server that makes it available are free of viruses or other harmful components or destructive files. Unauthorized access to the Web Site is a breach of these Terms and Conditions and a violation of the law. You agree not to access the Web Site by any means other than through the interface that is provided by Trinity Films for use in accessing the Web Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Web Site.
6. DISCLAIMERS
We specifically disclaim any and all express or implied warranties regarding this web site or any content, services or products provided through or in connection with this web site, including without limitation warranties of merchantability or fitness for a particular purpose, warranties against infringement, and warranties as to the availability, accuracy, completeness or content of any information, products or services available on or through this web site. We assume no responsibility, and are not liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in, this web site or your downloading of any materials, data, text, images, video, or audio from this web site.
7. LIMITATIONS ON DAMAGES; RESERVATION OF RIGHTS
In no event shall Trinity Films or any of its affiliates, employees, agents, content providers or licensors be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, consequential, special, incidental or punitive damages (including lost savings or profit, lost data, business interruption or attorneys fees) even if notified in advance of such possibility, including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. You agree that we are not liable for any amount exceeding the amount paid by the customer for the particular items purchased. We reserve the right to modify, suspend, discontinue or restrict the use of any portion of this Web Site, including the availability of any portion of the Content at any time, to anyone for any reason without notice or liability.
8. INDEMNITY
You agree to indemnify, defend and hold harmless Trinity Films and each of its respective partners, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding any violation of this agreement by you.
9. FOREIGN ACCESS
This Web Site is controlled, operated and administered by us from our offices within the United States. We make no representation that the Content is appropriate or available for use outside the United States and access to it from territories where it is illegal or improper is prohibited. You may not use this Web Site or export the Content in violation of U.S. export laws and regulations. If you access this Web Site from a location outside the United States, you assume sole responsibility for compliance with all local laws.
10. LIMITATION OF DAMAGES
In no event shall we be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profits or damages arising from your use of this site, contributions, our services or the site contents.
11. CHOICE OF LAW
Any dispute arising out of or related to these Terms and Conditions or any content or material related to this Website shall be governed by the laws of the State of California, without regard to its conflicts of law rules.
12. CONSENT TO JURISDICTION AND FORUM SELECTION
The parties hereto agree that all actions or proceedings arising in connection with these Terms and Conditions shall be tried and litigated exclusively in the California Superior Court of Los Angeles County. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of these Terms and Conditions in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the California Superior Court of Los Angeles County shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to these Terms and Conditions. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in these Terms and Conditions. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
13. ARBITRATION
In its sole discretion, Trinity Films may elect to resolve any controversy or claim arising out of or relating to these Terms and Conditions by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of Los Angeles, State of California. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from the California Superior Court of Los Angeles County to protect the rights or the property of you or Trinity Films (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
14. ATTORNEYS’ FEES AND COSTS
In the event of litigation or arbitration relating to the subject matter of these Terms and Conditions, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.
15. NOTICE
In the event that we are required by state or federal law to notify you of certain events, you hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
16. WAIVER
The failure of either party to require performance by the other party of any provision of these Terms and Conditions shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
17. ENTIRE AGREEMENT
These Terms and Conditions, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and Trinity Films govern your use of the Web Site and Content, superseding any prior agreements that you may have with us.
18. SEVERABILITY
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms and Conditions shall continue in effect