Terms & Conditions
ZENOFBENNETT.COM TERMS & CONDITIONS
Last updated on April 16, 2012.
THESE TERMS AND CONDITIONS (THIS “AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND BENEDETTO FILMS (“WE” OR “BENEDETTO FILMS”), THE OWNER AND OPERATOR OF WWW.ZENOFBENNETT.COM (THE “WEBSITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING AND USING THE WEBSITE YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE WEBSITE.
1 – CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY
1.1 – CHANGES TO TERMS
Benedetto Films may add to, change or remove any part of the Website, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you. Benedetto Films also reserves the right to modify this Agreement at any time. When we make changes to the Agreement, we will revise the “Last updated” date at the top of the Agreement and we will notify you of the changes by prominently posting a notice of such changes on the Website. We encourage you to review this Agreement whenever you visit the Website. By continuing to access and use the Website after any such changes have been posted, you are indicating your acceptance of such changes, even if you have not reviewed the changes.
1.2 – PERSONAL INFORMATION/PRIVACY
2 – USE OF SITE; SYSTEM REQUIREMENTS; PROHIBITIONS; INDEMNIFICATION
2.1 – USE OF SITE AND CONTENT
Subject to your compliance with this Agreement, Benedetto Films hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Website and use the audio clips, video clips, files, editorial content, information, text, images, graphics, user and visual interfaces, applications, software, and other materials displayed on the Website (collectively, the “Content”) solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Website and Content automatically terminates without notice to you, and you must immediately destroy any copies of the Content in your possession.
2.2 – SYSTEM REQUIREMENTS
You must have a broadband Internet connection, Flash 9 and at least one of the following supported browser versions: Internet Explorer 8+, Firefox 3.0+, Safari 3.0+ or Chrome 4+, as well as any software or hardware necessary for the playing of digital audio and video files in order to obtain and make full use of the Website and Content. The minimum display resolution when using the Website and viewing the Content is 1024×768 for computers and 960×480 for mobile devices. Benedetto Films reserves the right to change any of the minimum system requirements at any time. For best viewing of the Website and Content, the recommended: (i) computer processor speed is 1GHz Intel/1.5GHz PPC, (ii) RAM is 512MB and (iii) Internet connection speed is 2.5MB per second or faster. In addition, the display resolution for computers can be optimized at 1280×1024.
2.3 – PROHIBITIONS
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Website, Content or otherwise attempt to gain unauthorized access to any portion or feature of the Website or Content or any other systems or networks connected to the Website, or to any server of Benedetto Films or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Website or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Website, or with any other person’s use of the Website; (d) breach any security measures implemented on the Website or in the Content; (e) track or seek to trace any information on any other person who visits the Website; (f) use the Website or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or (g) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the Website or Content, or otherwise made available to you in connection with the Website or Content. In addition, you further hereby represent and warrant that you will not, and will not permit any third party to: (i) copy or share any digital download of any Content (a “File”) with other individuals, or (ii) attempt to disable or circumvent any security mechanisms used by any Content (including any File) or otherwise attempt to gain unauthorized access to any portion or feature of any Content (including any File). The commercial use, copying or sharing of Files by you is strictly forbidden, and Benedetto Films reserves the right to inform law enforcement agencies of suspected misuse of Files. You agree to download Files only to machines that you own, or to a machine owned by someone else but for which you are the authorized primary user and have permission to download Files. Benedetto Films accepts no responsibility for the loss of files, loss of data or the loss of earnings, arising from your downloading of Files to machines that you do not own or to which you do not have the authority to download Files.
2.4 – INDEMNIFICATION
You hereby agree to defend, indemnify and hold each of the Benedetto Films Parties (as defined in Section 5.1 below) harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Website or Content (including any File).]
3 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that Benedetto Films, its affiliates or its or their licensors own all legal right, title and interest in and to the Website and Content, including, without limitation, any and all intellectual property and other proprietary rights (including, without limitation, all patent rights, copyright rights, trademark rights and trade secret rights) which subsist in the Website and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist. As between you and Benedetto Films, all Content, together with the design, structure, selection, coordination, expression, ‘look and feel’, and arrangement of the Website and Content, and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on the Website and in the Content. In addition, the music, musical compositions, lyrics, arrangements, artistic expression, artwork, and other features of the songs and related content contained in the Content are all owned by Benedetto Films, its affiliates or its or their licensors. Nothing in this Agreement gives you any right to use any of Benedetto Films’’, its affiliates’ or its or their licensors’ trade names, trade marks, service marks, logos, domain names, or other distinctive brand features. Any downloading capabilities on the Site are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Content (including any File). All rights not expressly granted by Benedetto Films under this Agreement are reserved. There are no implied rights.
4 – FEEDBACK; THIRD PARTY WEBSITES
4.1 – FEEDBACK
If you send or transmit any communications, comments, questions, suggestions, or related materials to Benedetto Films, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to our Website or Content, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Benedetto Films is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Benedetto Films is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
4.2 – THIRD PARTY WEB SITES
The Website provides links to third party websites that are not owned or controlled by Benedetto Films (“Third Party Sites”), including, without limitation, Facebook, Yahoo, Google Plus, Twitter, Windows Live ID, LinkedIn, AOL, Live Journal, WordPress, Blogger and Salesforce, that allow you to conduct transactions through such Third Party Sites, including, without limitation, configuring your privacy settings in your Third Party Site account to permit your activities on this Website to be shared with your contacts in your Third Party Site account. We provide such links solely as a convenience to you, and Benedetto Films does not review, approve, endorse, or make any representations about, or take responsibility for such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services, including, without limitation, the Products, made available and/or sold through such Third Party Sites, or any results that may be obtained from using them. The Third Party Sites linked to this Website, including, without limitation, facebook.com, may have different privacy policies and terms and conditions and business practices than Benedetto Films, including, without limitation, such Third Party Sites’ password and account security policies and user-generated content posting and acceptable use policies. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Website, you do so entirely at your own risk, and you are solely responsible for your activities conducted on or through such Third Party Sites and your interactions and dealings with the companies or persons who own and/or operate them. YOU AGREE THAT BENEDETTO FILMS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY PRODUCTS OR OTHER GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication or organization of any third party does not constitute or imply Benedetto Films’ endorsement or recommendation.
5 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
5.1 – DISCLAIMER OF WARRANTIES
THE WEBSITE OR CONTENT (INCLUDING ANY FILES) ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. BENEDETTO FILMS, ON BEHALF OF ITSELF AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “BENEDETTO FILMS PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT (INCLUDING ANY FILES)WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR CONTENT ((INCLUDING ANY FILES)WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE OR free from viruses, interference, hacking, loss, or corruption; (C) DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT (INCLUDING ANY FILES)WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR CONTENT (INCLUDING ANY FILES) IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE WEBSITE OR CONTENT (INCLUDING ANY FILES) IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE OR CONTENT (INCLUDING ANY FILES).
YOU hereby acknowledge that THE WEBSITE AND CONTENT (INCLUDING ANY FILES) may include content that might be judged as offensive, objectionable, or may contain explicit language, AND BENEDETTO FILMS accepts no liability for content that you or others may judge to be offensive, indecent, or objectionable. BENEDETTO FILMS accepts no liability for any health risks that may be exacerbated by use of the WEBSITE AND CONTENT (INCLUDING ANY FILES).
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND BENEDETTO FILMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BENEDETTO FILMS OR ANY PERSON ON BEHALF OF BENEDETTO FILMS SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION 5.1 SHALL EXCLUDE OR LIMIT THE BENEDETTO FILMS PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
5.2 – LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY BENEDETTO FILMS PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE WEBSITE OR CONTENT (INCLUDING ANY FILES) , LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR CONTENT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SUBSEQUENT OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A BENEDETTO FILMS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, A BENEDETTO FILMS PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR CONTENT (INCLUDING ANY FILES), THE RELEVANT BENEDETTO FILMS PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE SUM OF ONE HUNDRED US DOLLARS (US$100).
NOTHING IN THIS SECTION 5.2 SHALL EXCLUDE OR LIMIT ANY BENEDETTO FILMS PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH BENEDETTO FILMS PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
6 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS
6.1 – ELECTRONIC COMMUNICATIONS
Whenever you visit our Website or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Website or by such other means as we may determine from time-to-time. 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, to the extent permitted by applicable law.
6.2– GENERAL TERMS