Film Preservation, Inc.
TERMS AND CONDITIONS OF USE
This website is provided by Thanhouser Company Film
Preservation, Inc.("TCFP") for your personal, non-commercial use. By
visiting, browsing, linking to, or otherwise using this website in any way,
you are agreeing to be bound by all of the terms and conditions set forth
herein and to comply with all applicable laws and regulations. These terms
and conditions apply to your use of all of the sites and services operated
by TCFP and any other site TCFP
may operate in the future. If you do not agree with these terms and
conditions, you should not use these sites. TCFP
has the right to revise these terms and conditions at any time, without
prior notice, and your use of this website after any modifications to these
terms and conditions shall indicate your acceptance of any such changes.
Your obligations under these terms and conditions shall continue for as long
as you access, use, or obtain information from this website. You may
terminate your obligations hereunder at any time by discontinuing your use
of this website and by destroying all information obtained from it.
DISCLAIMER OF WARRANTIES
ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR
REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TCFP
DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING
TO SUCH CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND
REPRESENTATIONS OF NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY
RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
ALTHOUGH TCFP WISHES THE CONTENT OF THIS WEBSITE
TO BE ACCURATE, COMPLETE, AND CURRENT, TCFP DOES
NOT WARRANT OR REPRESENT THAT ANY CONTENT AT THIS WEBSITE (INCLUDING ANY
SOFTWARE) IS ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT WILL
BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS
CONTENT, AND THE SERVERS ON WHICH THIS WEBSITE AND CONTENT ARE AVAILABLE,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY
TO YOU IN WHOLE OR IN PART.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL TCFP BE LIABLE TO ANY
PERSON OR BUSINESS ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF
THIS WEBSITE OR ANY OTHER THIRD PARTY SITE TO WHICH THIS SITE IS LINKED, THE
CONTENT OF SUCH THIRD PARTY SITES, OR ANY VIRUSES OR OTHER HARMFUL
COMPONENTS DERIVED FROM ANY SUCH THIRD PARTY SITES, INCLUDING WITHOUT
LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR
LOSS OF COMPUTER PROGRAMS OR INFORMATION, EVEN IF TCFP
HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE
EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
LINKS TO THIRD PARTY SITES
Any links to other websites or Internet locations from this website have
been provided for your convenience only. TCFP does
not endorse, sponsor, or approve any of the content of such websites or
locations. TCFP has no control over any of the
websites or other Internet locations that you may access through this
website, and is not responsible for the content or accuracy of the content
of any such websites or locations. If you access any other website or
Internet locations through this website, you do so at your own risk.
TCFP owns or has the right to use any and all of
the data, information, text, images, photos, videos, trailers, sounds,
icons, and other content contained on this website (including software and
transmissions to this website), and the copyrights, trademarks, service
marks and other intellectual property rights therein, unless otherwise
noted. Other than for purely non-profit, academic and
scholarly purposes, you may not copy the content of this website,
store any of the content on your hard drive or any other storage device,
distribute or transmit any of the content to any other person or company,
frame or otherwise display any of the content of this website on your own or
any other website, or make any other use of it, without the prior written
consent of TCFP. Such copying, distribution,
transmission, display, or other use would breach these terms and conditions
and infringe TCFP copyrights and/or other
intellectual property rights owned by or licensed to TCFP.
With respect to all content streamed from this website,
other than for purely non-profit, academic and scholarly purposes,
you agree not to copy, sell, license, modify, redistribute, transmit,
publicly display, publicly perform, publish, edit, or create derivative
works from such content. TCFP has no right or
authority to authorize you to use, download, print, copy, modify, display,
distribute, or transmit any content of any other website that you access
from this website.
and "THANHOUSER" are
registered trademarks of TCFP.
Other TCFP product or service names or logos
referenced in this website are either trademarks or registered trademarks of
the TCFP. The absence of a product or service name
or logo from this section does not constitute a waiver of
TCFP trademark or other intellectual property rights concerning that
name or logo. All other products or company names mentioned in this website
may be trademarks of their respective owners.
REPRESENTATIONS AND WARRANTIES
If you submit any information of any kind to this website, you represent,
warrant, and agree that you have the unhindered right to do so, that such
information does not infringe the copyright, trademark, patent, trade
secret, or other intellectual property or proprietary rights of any other
person or entity, that such information is not confidential or proprietary
to you or any other person or entity, that such information does not injure
any other person or entity, and that TCFP may
copy, distribute, modify, display, disclose, or otherwise use such
information (and any ideas embodied therein), and may manufacture, use, and
sell products, methods, and processes made there from, without restriction,
in any way it chooses anywhere in the world, free of charge to
TCFP and without acknowledgment of authorship or
You agree to indemnify, defend, and hold TCFP
and any and all of its employees, directors, officers, agents, licensors,
licensees, affiliates, successors and assigns ("Indemnified Parties")
harmless from and against any and all liability and costs (including,
without limitation, attorney's fees and costs), incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you of
these terms and conditions. You agree to cooperate as fully as reasonably
required in TCFP'S defense of any claim.
TCFP reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and you shall not in any event settle any matter
without the prior written consent of TCFP.
TCFP is committed to protecting your privacy and
your personal information provided via this website. Information such as
your name, e-mail address, mailing address and general profile and
preferences may be requested from you on a voluntary basis and may be used
by TCFP for limited purposes such as: (i) to
notify you of particular services or new features provided by this website;
(ii) to personalize or enhance your use of this website; (iii) to provide
you with information that you request from TCFP; (iv) to facilitate your
participation in community bulletin boards provided by this website; (v) to
conduct user polls or surveys; and (vi) to monitor user traffic patterns,
profiles, and site usage to assist in the marketing, planning, development
and design of this website. If you choose not to submit voluntarily
requested information, you may not be eligible for those activities for
which personally identifiable information is needed. TCFP
may disclose to third parties statistics and other information
regarding the users of this website in the aggregate, and
TCFP may release personal information of users of this website when
it believes in good faith that such release is required by law, requested by
subpoena or court order, and/or necessary to assist in discovery of valid
legal claims. TCFP maintains a database with the
e-mail address, name, postal address, telephone number and other personally
identifiable information of persons who have provided such information to
TCFP by mail, telephone or e-mail. By
providing such information to
TCFP, you may receive future communications from
TCFP via e-mail, telephone or mail. Furthermore,
TCFP, like many non-profits, occasionally shares its address lists
with carefully selected companies and organizations not affiliated with
TCFP. If, at any time, you do not wish to have
such information provided to other companies or organizations, or you do not
wish to receive any further information or contact from
TCFP, you may request that your name and other personally
identifiable information be excluded from any list provided to companies or
organizations not affiliated with TCFP or request
that TCFP not contact you or send further
information by notifying us. TCFP does not
knowingly collect or solicit information from minors under the age of
eighteen (18). Upon notification in writing from a parent or guardian that a
minor transmitted information to TCFP,
TCFP will remove or destroy any such information.
As with any on-line interaction and electronic communication, there is an
inherent risk involved in transmitting any information via the Internet.
TCFP does not and cannot guarantee that its system
is free from hackers or viruses or that information provided by users to
TCFP has not been stolen or otherwise
surreptitiously obtained. You hereby acknowledge and understand that such
risk is inherent in interacting with any website, including this website,
and take full responsibility for any harm, danger or damage that ensues due
to any such breach in security, and TCFP expressly
disclaims any liability in connection with such harm, danger or damage.
"Cookies" are data that a website transfers to an individual's hard drive
remember certain information about you as a user of this website, including
your username, site preferences and what you have already viewed on this
website in order to track website usage and improve your on-line experience.
Our cookies do not contain any personally identifying information and are
used only by TCFP. TCFP
makes no warranties or representations with respect to third parties, nor is
TCFP liable for any claims of any damages
hard drives. You can view the cookies that have been stored on your hard
drive by TCFP or any other website operator. If
there is a simple procedure in most browsers that allows you to deny
acceptance of cookies.
CREDIT CARD TRANSACTIONS
TCFP offers you the convenience of making
payment on-line for products
via credit card through PayPal.
TCFP takes seriously the need for credit card
account information security. Please consult the
PayPal web site "User Agreement" for
details. Your peace of mind and the safeguarding of your credit
card information are of the utmost importance to TCFP.
GOVERNING LAWS AND SEVERABILITY
These terms and conditions shall be governed by the laws of the State of
Oregon and applicable federal laws, without giving
effect to conflict of laws principles. If any portion of these terms and
conditions is unlawful, invalid, or unenforceable, then such portion of
these terms and conditions shall be deemed severed herefrom and shall not
affect the validity or enforceability of the remainder of these terms and
conditions. Please direct any questions or comments to
TCFP through the Contact
Us link on each page.
Copyright © 2004 Thanhouser Company Film Preservation,
Inc. All Rights Reserved.
Thanhouser Company Film Preservation, Inc.
Copyright © 2004
Thanhouser Company Film Preservation, Inc., All rights reserved.