This terms and conditions was last updated on December 19, 2019.
These terms and conditions (“terms”, “agreement”) are an agreement between the Orient Indie Films (“us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the Orient Indie Films website https://www.orientindiefilms.com and of its service (hereinafter: the “website” or the “service”).
1. User content
We do not own any data, information or material (“user content”) that you submit on the website. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted user content.
We may monitor and review user content on the website submitted by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the user content created by you for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the user content you submit solely as required for the purpose of providing the service to you.
Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any user content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
2. Intellectual property rights
All materials (including without limitation the video, graphics, text, images) and other content (together the “content“) contained on this website are protected by copyright, and are owned by us or our licensors and/or content providers, unless otherwise specified.
You may not reproduce, transmit, copy, distribute, modify, display, use, transfer or sell any content of this website, or use any such content for commercial purposes, except as set out in these terms, without our prior written consent.
To request the removal of materials based upon copyright infringement, you must file a notice containing the following to [email protected]:
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where on Orient Indie Films’ website the material that you claim is infringing may be found, sufficient for us to locate the material.
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Your electronic or physical signature.
3. Links to other websites
Although this website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein.
We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties.
You should carefully review the legal statements and other conditions of use of any website which you access through a link from this website. Your linking to any other off-site websites is at your own risk.
4. Website Availability
We try to make this website available at all times, but we may sometimes encounter downtime due to technical issues. We are not liable if the site is sometimes unavailable, and are not obliged to give advance warnings of downtime or maintenance issues.
We perform regular backups of the website and content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups to minimize the impact and downtime.
5. Prohibited uses
In addition to other terms as set forth in the agreement, you are prohibited from using the website or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
Your use of the website is at your sole risk. The website is provided on an “AS IS” and “AS AVAILABLE” basis. The website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
7. Limitation of liability
To the fullest extent permitted by applicable law, in no event will we, our affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of us and our affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to us for the prior one-month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold us and our affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your user content, your use of the website or services or any willful misconduct on your part.
All rights and restrictions contained in this agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this agreement illegal, invalid or unenforceable.
If any provision or portion of any provision of this agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
10. Changes and amendments
We reserve the right to modify this agreement or its policies relating to the website or service at any time, effective upon posting of an updated version of this agreement on the website. When we do, we will revise the updated date at the top of this page. Continued use of the website after any such changes shall constitute your consent to such changes.
11. Contact details
If you would like to understand more about this agreement or wish to contact us concerning any matter relating to it, please reach us using the following information: