Terms and Conditions of Filmblade.com
These terms of use govern your acquisition and use of digital content offered by Filmblade and describe the terms and conditions under which you may access and use any of Filmblade’s combination of images, photographs, templates, animations, video, audio, music, text, and “applets,” and “online” or electronic documentation (together called the “Digital Content”). Your use of services constitutes your binding acceptance of these terms, including any modifications. If you are entering into this Term of use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Term of use and may not use the services.
AMENDMENTS
Filmblade reserves the right to alter, revise, improve or confiscate sections of the Terms of Use at its discretion with or without providing notice to users of our Services. Your use of any Services following any such modification shall be conclusively deemed to be your acceptance of such modification. However, upon every modification or revision, reasonable notice of modifications will be provided through appropriate communications channels. Since this change notices last only for a limited time, you should check the Terms of Use regularly to see if there have been any changes.
DATA PROTECTION
Filmblade shall maintain proper executive, substantial, and technical safeguards for protection of the security, confidentiality, and integrity of Your Data; however, you are entirely responsible for maintaining the privacy of the License number provided to you according to these Terms of use and Filmblade shall not stand responsible for any loss that appears as a result of the misuse of the License number issued in your favor. The benefit of encryption, protection features, compression, or any other technology that advances the security or efficiency of Filmblade’s security SYSTEM shall not be considered a modification.
Unless otherwise specified, digital contents are purchased as User subscriptions by providing accurate information on the registration form and may be accessed by no more than the specified number of purchasers.
GRANT OF LICENSE
The digital content provided under these terms of use is protected by copyright, trade secret, and other intellectual property laws. You are provided with a nonexclusive, perpetual, worldwide, and non-transferable license to use the digital content offered by Filmblade, and Filmblade reserves all other rights in the Digital content not granted to you in writing herein. Any supplemental software code and supporting materials provided to you as part of support services for the Digital Content shall be considered part of the Digital Content and are subject to the terms and conditions of these terms of use as long as you meet any applicable obligations and comply with these Terms of use, Filmblade Grants you a personal, limited, nonexclusive, non-transferable, revocable license to use the digital content by Filmblade’s occupational policies, as updated from time to time, and only for the purposes described for the Programme.
INTELLECTUAL RIGHTS
The Services provided under this Term of use contain a combination of images, photographs, templates, animations, video, audio, music, text and “applets,” and “online” or electronic documentation (together called the “Digital Content”) that Filmblade creates and designs for the Endorsers. All materials circulated through the Services, including but not limited to text, images, video, graphics, illustrations, and multimedia files, are protected by all applicable intellectual property laws, including without limitation copyright and trademark laws, and owned by Filmblade. All rights in the Content are expressly reserved by the applicable copyright and trademark owner. You may not sublicense, transfer or otherwise make any Content available to any third party for commercial purposes or financial gain or use the content in any other media or in any other location other than as permitted under these Terms.
RESTRICTIONS
The digital content delivered under this Term of use is licensed, not sold. You may not use, nor permit any third party to use, the Programmes in a manner that violates any applicable law, regulation, or these terms of use. Furthermore, you may not:
· Grant access to or give the digital content or any part of the digital content to any third party.
· Reproduce, duplicate, modify, copy, sell, trade, lease, rent, or resell digital content.
· Transfer your license to the digital content to any other party.
· Attempt unauthorized access to any other Filmblade’s systems that are not part of the offered Programme.
· Permit any third party to benefit from the use or functionality of the digital content or other INFRINGEMENT.
· Make the digital content available on any file-sharing or application hosting service.
The digital content may not be reproduced or utilized for unauthorized purposes, nor forwarded nor disclosed to third parties without Filmblade.’s prior written consent.
Payment of Fees and Expenses.
The amount of the fee, especially for the desired digital content or Programme, shall be as set out in Filmblade’s offer to use the Digital Content. You are under obligation to make available valid credit card information at the time of purchase to allow payment for any Program. Fees paid shall not be refundable under any circumstances absent manifest error.
CONFIDENTIALITY
The term “Confidential Information” includes, but is not limited to, all proprietary information owned by the Filmblade. And not generally known to the public or in the relevant skill or information that is communicated orally, written, printed, electronically, or any other form or medium, or which was learned, discovered, developed, conceived, originated or prepared by you in the scope and course of your Relationship, relating directly or indirectly to Filmblade and any other concepts, as such Confidential Information pertains personally to principals or other information that has independent economic value. You will practice reasonable efforts to maintain the confidentiality of the information and materials, whether oral, written, or in any form whatsoever, of the others that may be reasonably understood, from legends, the nature of such information itself and/or the circumstances of such information’s disclosure, to be confidential and proprietary thereto. All Confidential Information delivered under this Term of use shall be and remain the property of the Filmblade., and any material containing or reflecting the Confidential Information, and all copies thereof, shall be promptly returned to the Filmblade upon written request or destroyed at the Filmblade’s option. Nothing herein shall be construed as granting or conferring any rights by license or otherwise, express or implied, regarding any idea made, conceived, or acquired before or after the Effective Date, nor as granting any right concerning the use or marketing of any program or service. You will use the Confidential Information only for the Relationship specified herein.
NOTICE
Any communication to be served on shall be delivered by first class post or recorded delivery or by email.
It shall be deemed to have been delivered:
i.If sent by post to the correct address: within 72 hours of posting.
ii. If sent by email to the address from which either Party has last sent an email: within 48 hours if no notice of non-receipt has been received by the sender.
PROHIBITED USES
As a condition of your use of the programs offered by the Filmblade, you warrant that you will not use the acquired Digital content for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use acquired Digital content or programs in any manner which could damage, disable, overburden, or ruin the Filmblade or interfere with any other party’s use and enjoyment of the Filmblade. Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Filmblade ‘ Web Sites.
TERMINATION
Filmblade reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice upon any violation or breach of these terms of use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Filmblade. as a result of these Terms of use. The entitlement to acquire the benefits of the Programme is subject to the limits established by the Filmblade, and the non-fulfillment of the established conditions may lead to the termination of these terms of use and restrict your access to the digital content.
INDEMNIFICATION
You agree to hold Filmblade harmless from all claims due or demands, including fees, charges, damages, and expenses incurred, resulting from actions, errors, or omissions as a result of any breach of this Agreement, any misrepresentation, negligent act, or omission, unethical business conduct, or failure to comply with any laws or regulations.
GOVERNING LAW
All questions concerning the validity, operation, interpretation, and construction of the Term of use will be governed by and determined following the substantive laws of the INDIA.
NO LICENSE
Nothing in this Term of use shall be deemed to constitute the grant of any license to you in respect of any Programme, Software, Confidential Information, a valuable secret or other data or any other intellectual property of the Filmblade, except as expressly set forth herein.
LIABILITY DISCLAIMER
Filmblade MAKES NO STATEMENTS ABOUT THE RIGHTNESS, DEPENDABILITY, EASE OF USE, RELEVANCE MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR PRECISION OF THE CONTENT, INFORMATION, PROGRAM, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON Filmblade’s WEBSITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Filmblade HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS about THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT
SERVABILITY
If any provision of this Term of Use is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then only the portion of that provision held invalid, void, or unenforceable shall be stricken, and the remaining provisions shall, nevertheless, continue in full force and effect without being invalidated in any way.
This Term of use constitutes the entire understanding of the Parties concerning the subject matter hereof and is intended as the Parties’ final expression and complete and exclusive statement of the terms thereof, superseding all prior or contemporaneous agreements, representations, promises, and understandings, whether written or oral. Neither Party is to be bound by any pre-printed terms appearing in the other Party’s form documents, tariffs, purchase orders, quotations, acknowledgments, invoices, or other instruments.
