MEMBERS AND MEMBERSHIP
NanoFilm does not permit the use of vulgar or offensive language in your Member Name or anywhere on the Site or any video uploads. You may not use as your Member Name the name of any entity or organization, or any term that is the same as, or confusingly similar to, a trademark, service mark, or copyrighted expression, or that violates any other proprietary right held by NanoFilm or any third party. NanoFilm may, at its own discretion and without notice, delete or revoke any Membership associated with a Member Name of this or any other objectionable nature.
You are entirely responsible and liable for all of your activities on the Site. Listed below are some, but not all, violations that may result in termination of your access to the Site. By using this Site, you agree not to do any of the following:
(a) Post, video upload, transmit, promote, or distribute content that is illegal.
(b) Harass, threaten, embarrass, or do anything else to another Member or user of the Site that is unwanted. This means: do not say bad things about them, don't keep sending them unwanted messages, don't attack their race, heritage, gender, sexual orientation, etc.
(c) Transmit , video upload or facilitate distribution of content that is libelous, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable in a reasonable person's view.
(d) Disrupt the flow of chat areas with vulgar language, abusiveness, or other conduct that may disrupt normal activities.
(e) Pretend to be anyone whom you are not. You agree not to impersonate another Member or user, an NanoFilm staff member, or anyone else.
(f) Attempt to get a password, other account information, or other private information from a Member, or harvest e-mail addresses or other information.
(g) Post any unsolicited advertising, promotional materials, or any other forms of solicitation.
(h) Transmit any software or other materials that contain any virus, worm, time bomb, Trojan Horse, or other harmful or disruptive component.
(i) Engage in spamming or flooding.
If NanoFilm becomes aware of the presence of material on its servers that violates or is alleged to violate intellectual property or any other rights of any party, either in the course of its ordinary and reasonable business activities, or through notification by a third party who alerts NanoFilm, by certified mail, of the specific location on the Site and content of such material along with an explanation of the alleged violation, NanoFilm will contact the Member responsible for the material and alert him or her of the allegations and notify the Member that within five days he or she must respond as to why the material does not violate the rights in question. Regardless of whether or how the Member responds, NanoFilm reserves the right to remove the material. In any event, if in its sole and absolute discretion, NanoFilm believes that any material posted by a user of the Site may violate the rights of any other party. NanoFilm reserves the right to delete the offending material at any time without prior notice. Notwithstanding the reservation of rights in this paragraph, NanoFilm assumes no obligation to protect or police the intellectual property rights of you or other third parties or to monitor the Site or materials that you or others post on the Site
Descriptions or images of, or references to, products or services on the Site do not imply NanoFilm endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to NanoFilm acceptance of any order. Price and availability of any product or service are subject to change without notice.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
NanoFilm asks you to respect the intellectual property of others. In order to protect the intellectual property of others from misuse we ask you to help us. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the Site infringe your copyright, please provide NanoFilm Copyright Agent with a notice of infringement ("Notice") containing the following information:
(a) An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed including the URL (i.e., Internet address) or other specific location on the Site where the material that you claim is infringing is located, including enough information to allow us to locate the material and to determine why you believe an infringement has taken place;
(c) A description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL where it is posted or the name of the book in which it has been published;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made 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.
NanoFilm Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
General Counsel / Copyright Agent
638 Lindero Canyon Road, Suite 392
Oak Park, CA 91377
If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send NanoFilm a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed under the DMCA. We suggest that you consult a legal advisor before filing a Notice or counter-notice. Also be aware that there can be penalties for false claims under the DMCA. NanoFilm will terminate Membership privileges and access to the Site for those who engage in acts of infringement.
LIABILITY AND WARRANTY DISCLAIMERS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE AND ANYONE WHO HELPED US TO CREATE, PRODUCE, DELIVER, OR MAINTAIN THE SITE HEREBY DISCLAIM LIABILITY FOR ANY AND ALL INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES AND ATTORNEYS' FEES ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO CHALLENGES OR ACTIONS FOR INFRINGEMENT, LIBEL, AND SLANDER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF YOUR COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE AND PARTICIPATE IN YOUR COMPANY.
FURTHER, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT TO THE EXTENT A WARRANTY MAY NOT BE DISCLAIMED OR WAIVED UNDER APPLICABLE LAW. YOUR COMPANY AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACCEPT THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RElATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF YOUR COMPANY OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
Some of the photographs, videos and materials appearing on the Site might portray experienced and professional athletes. The moves and stunts pictured or otherwise described should only be attempted by those with proper training and equipment. Extreme sports are potentially hazardous. ALWAYS use your common sense when engaging in extreme sports. To minimize the chance of injury, stay within your abilities and ALWAYS wear appropriate protective equipment.
OWNERSHIP AND RESTRICTIONS ON USE
The Site is owned and operated by NanoFilm in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You accept that you do not acquire any ownership rights by using the Site.
If you download any software from the Site, such software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title, and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.
All trademarks, service marks, company names, product names, service names, trade names, symbols and logos, including but not limited to those related to the names " NanoFilm." (Collectively, the "Trademarks") used on this Site are the property of NanoFilm or their respective owners. Nothing contained herein grants any right to the use of any Trademark used on this Site without the written permission of NanoFilm or the respective Trademark's owner. In addition, the images, graphics, audio clips, video clips, text and other materials provided on this Site may be protected by copyright or trademark law as the intellectual property of NanoFilm or its vendors, suppliers or licensors or other users. None of the material provided on this Site may be reproduced, copied, downloaded, uploaded, displayed, posted, distributed, reproduced or transmitted in any manner without the prior written consent of NanoFilm. Notwithstanding the foregoing, materials in the "Downloadable" section of the Site, may be distributed for non-commercial purposes and may not be modified or changed in any manner.
All trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of NanoFilm or of their respective owners.
NanoFilm reserves the right at any time to change the Site, including eliminating or discontinuing any content on or feature of the Site; or change or institute any fees or charges for use of the Site.
The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Serbia (Yugoslavia), or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.]
We reserve the right to limit the availability of the Site and/or the provision of any service, program, materials, or other product described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, program, materials, or other product provided.
SWEEPSTAKES, CONTESTS AND GAMES
PROTECTION OF MINORS
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation: http://www.eff.org/
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210