These terms and conditions govern Your access to and use of the Nocturne Website ("Website") located at nocturnethemovie.com. This User Agreement (“User Agreement”) is a binding agreement between You and Winlea Pictures Inc. ( “We”,“Our” or “Us” ), and governs Your access and use of the Website, which includes any text, key art, graphics, user interfaces, visual interfaces, video, audio, information, data, tools, products, services, trademarks, logos, trade names or other content (together, "Content") and the design, structure, selection, coordination, expression and arrangement of the Content on or through the Website. You may contact Us by e-mail ( firstname.lastname@example.org ) with questions about the terms and conditions of this User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE WEB SITE. EACH TIME YOU USE THE WEB SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, DO NOT USE THE WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE UPDATED USER AGREEMENT.
1. YOUR AGE AND ELIGIBILITY TO USE THE WEBSITE
You represent and warrant to Us that you (i) are at least the age of majority in your province or territory of residence; and (ii) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party.
If You are younger than the age of majority in Your province or territory of residence, but are at least 13 years of age, then You must get Your parent or guardian to read this User Agreement and agree to it for You before You use the Website or provide any information to Us.
If You are under 13 years of age then You will not use this Website.
If You are unsure about anything You see on this Website, please ask Your parent or legal guardian for help.
If You choose to provide any information or fill out any forms on the Website, You agree to (i) provide true, accurate, current and complete information; and (ii) maintain and promptly update the information You provide to Us in order to keep Your profile true, accurate, current and complete.
3. YOUR LIMITED USE RIGHTS, AND RESTRICTIONS ON YOUR USE
Limited Use Rights
- Subject to the limitations and restrictions below, We grant to You a limited revocable, non-exclusive, non-transferable, limited right to view, access, copy and print the pages within this Website for Your non-commercial or personal use only. In addition, You may download, only on a single computer and only for Your non-commercial or personal use, 1 copy of key art Content as expressly allowed by the download tools for such key art that are available on this Website.
- YOU MUST, in order to exercise any of the rights granted above:
- retain on any allowed copies and downloads: all copyright notices, and other notices, that are on this Website;
- comply with this User Agreement; and
- comply with any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website, including, without limitation, the Content.
- Except as allowed above, YOU MAY NOT do any of the following with respect to any or all of Website, including, without limitation the Content:
- distribute, display, broadcast, exhibit, transmit, perform, frame, redeliver, use, sell, license, modify, delete, copy, download, publish, reproduce, package, post, create derivative works ( where applicable ) of, or exploit, any or all of the Website or Content, without Our express written permission;
- violate or attempt to violate the security of any or all of the Website or Content in any way through any means or device including, without limitation, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of this User Agreement;
- decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of any or all of the Website or Content; or
- remove or use any copyright, trademark or other proprietary notice or legend contained on (or printed from) any or all of the Website or Content.
4. OWNERSHIP OF THIS WEBSITE, CONTENT AND INTELLECTUAL PROPERTY
- You acknowledge and agree that this Website, including, without limitation, the Content, is the property of Us, Our affiliates or Our service providers, suppliers or licensors. You do not and will not acquire any rights or licenses in any copyrights, trademarks, database rights, patents or other intellectual property on or in this Website, including, without limitation, the Content. This Website and its content are protected by copyright, both individually and as a collective work or compilation and by trademark law, patent law and any other applicable laws. You agree to abide by any and all copyright notices, information or restrictions displayed on the Website.
- We are not responsible for information on any third party web website (or any portion thereof) that is referred to, or accessible or connected by hyperlink to, the Website. If You access any third party website through the Website or otherwise, you do so at your own risk. Hyperlinks to or from the Website do not constitute third party endorsement of, sponsorship by or affiliation with Us.
- To log onto portions of this Website, You may need to select a password. You are solely responsible for the confidentiality and security of your password. You are responsible for all activities that occur under your password and/or account and may not share your login details with to others. We are not obligated to inquire as to the authority or propriety of any use of, or action taken under, your password and/or account, or any other security breaches of which You become aware. You must immediately notify Us of any actual or suspected loss, theft or unauthorized use of your password. We will not be responsible for any loss to You that arises from any use of your account or your password or from your failure to comply with these provisions.
8. PERSONAL INFORMATION STORED IN USA
- Personal information You submit will be transferred to, processed on, and stored on, Our servers, which are located in the USA. As a result, Your personal information may be subject to access requests from, and may be disclosed to, governments, courts or law enforcement in the USA in complying with USA laws, rules, regulations and court orders.
9. UNAVAILABILITY OF THE WEBSITE
- We are not liable for any technological problems regarding the Website and any impact that it may have. All or any portion of the Website may not be available and may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time the Website may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. We make reasonable efforts to ensure that the Website is secure, but We do not guarantee the security of the Website. We are not liable for any defects, delays or errors in or resulting from your use of the Website.
10. CHANGES TO USER AGREEMENT
- This User Agreement may be changed from time to time without Us providing notice to You, and any such changes will be effective immediately upon posting. Your further use of the Website shall indicate your consent to such changes. You should periodically check the Website for the most current Agreement terms and conditions.
11. TERMINATION AND AFTER TERMINATION
- We reserve the right to reject, suspend or terminate your access to and use of all or any portion of the Website at any time and for any reason, in Our sole discretion. These terms and conditions in this User Agreement will continue to apply to your past use of the Website in the form in which it then existed at the time of the subject use. Termination of your access to and use of the Website shall not relieve You of any obligations arising or accruing prior to such termination or limit any liability that You otherwise may have to Us.
- Informational Purposes Only, But Information May Not Be Accurate
WE DO NOT WARRANT THAT THE INFORMATION ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS ERROR-FREE OR OMISSION-FREE, RELIABLE, ACCURATE, COMPLETE, OR CURRENT. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION AND/OR CONTENT AT ANY TIME WITHOUT PRIOR NOTICE.
- “As-Is” and “As-Available” Basis
WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE THAT THE LAW ALLOWS US TO DISCLAIM. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WARRANTIES OF SUITABILITY OF CONTENT, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OF CONTENT, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE SECURITY, AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE WEBSITE OR ANY PART OF THE CONTENT.
13. LIMITATION OF LIABILITY
- OUR LIABILITY WITH RESPECT TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION THE CONTENT, IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE, OUR AFFILIATES AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, HOWEVER CAUSED, ARISING OUT OF THIS USER AGREEMENT, THE WEBSITE, THE CONTENT, OR THE INABILITY TO USE THE WEBSITE AND/OR CONTENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. OTHER COUNTRIES
- This Website can be accessed from countries around the world other than Canada. We make no representation that the content on this Website is appropriate or available for use in other locations, and accessing this Website from territories where its content is illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws.
15. APPLICABLE LAW
- This Website (excluding linked sites) is controlled by Us from Our offices within the Province of Ontario, Canada. By accessing this Website, You and We agree that all matters relating to Your access to, or use of, this Website shall be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada, as applicable, without regard to the conflicts of laws principles thereof. You and We also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario or the federal courts of Canada, as applicable, with respect to any and all matters arising in connection with this User Agreement.
- If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this Agreement shall remain in full force and effect. This User Agreement constitutes the entire understanding, and supersedes all other understandings, between You and Us concerning the subject matter hereof.
- We may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations under this Agreement. Any purported assignment of this Agreement in violation of its terms is void.