Policies & Usage Agreements
Acceptance of Terms
DVDCrate.com provides access to this website subject to the user's acceptance of the following User Agreement which may be updated by DVDCrate.com from time to time. By becoming a User (member) of this site, the user agrees to be bound by the terms of this agreement. When using a particular DVDCrate.com service or product the user also may be subject to any posted guidelines, rules, terms of service, policies or other contractual provision as noted. In the event of a conflict between any other agreement, rule, or terms of service and this agreement, the provisions of this agreement shall govern. Please direct any questions about this agreement to DVDCrate.com, via the Contact page.
Conditions of Website Use
DVDCrate.com hereby grants the user a nonexclusive, nontransferable license to access and use the website and to view and download a copy of the text and images expressley designated to the user by DVDCrate.com. The user may use the website only for retrieval of the content and shall comply with all applicable laws and regulations with respect to use of the website and content hereunder. This license only grants to the user the website and content, and the user does not acquire any right of ownership or title in them. All right, title and interest in and to the website and content will at all times remain the property of DVDCrate.com or the respective copyright holder.
Any information a user provides to DVDCrate.com in connection with the use of the site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and (f) shall not create liability for DVDCrate.com.
Ownership
DVDCrate.com shall have the unlimited right to use for any purpose, free of any charge, all submitted information including but not limited to quotes/testimonials, support queries, product usage ideas and product output examples. DVDCrate.com shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided to DVDCrate.com through this site and www.brainyautomation.com.
No Endorsement of Content
This site may contain hyperlinks to third party web sites outside of the site. DVDCrate.com makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on those third party web sites. DVDCrate.com has no control over the content of any hyperlinked third party websites and shall have no obligation to review those sites' content.
Relationship
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement between users and DVDCrate.com. This agreement is between the user and DVDCrate.com and is not intended to be for the benefit of any third party.
Privacy Policy; Email
Users agree that they have read and understand the terms of DVDCrate.com's policy which is hereby incorporated into this agreement by reference. Users acknowledge that the site may link to other sites not controlled by DVDCrate.com and that the collection of a user's data by these sites is outside the scope of DVDCrate.com's control. DVDCrate.com reserves the right to monitor a user's use of the site. Users acknowledge that by signing up for email alerts, they consent to receipt of certain emails from DVDCrate.com in connection with the use of the site and software products.
System Integrity
Visitors may not use any device, software or routine to interfere with the proper working of the site. Users may not use any method to intercept or expropriate any system data or information from the site without the express written permission of DVDCrate.com. Users may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the site including but not limited to unsolicited email (ie: "Spam").
Users shall not use any robot, spider, other automatic device, or manual process to monitor or copy DVDCrate.com's web pages or the content contained herein without the prior expressed written permission of DVDCrate.com. Information on the site is frequently updated and is proprietary or is licensed to DVDCrate.com. Users agree that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior expressed written permission of DVDCrate.com and the appropriate third party.
System Outages
DVDCrate.com periodically may schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. DVDCrate.com shall have no liability whatsoever for the resulting unavailability of the site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of webhost providers or the Internet infrastructure and network external to the site.
No Warranty
DVDCrate.com PROVIDES WEBSITE AND SOFTWARE PRODUCTS "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. DVDCrate.com SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT. USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, THE SOFTWARE PRODUCTS, AND HYPERLINKED WEBSITES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to some users.
DVDCrate.com MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS, OR THAT SOFTWARE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES DVDCrate.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE PRODUCTS OR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM DVDCrate.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Other Limitations of Liability
IN NO EVENT WHATSOEVER SHALL DVDCrate.com, ITS SUPPLIERS OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF OUR NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL DVDCrate.com'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED ANY AMOUNTS PAID TO US FOR THE SOFTWARE PRODUCTS BY THE USER.
USERS UNDERSTAND AND AGREE THAT THE SUBMISSION OF DIGITAL IMAGES TO DVDCrate.com, AND THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE IS DONE AT THE USER'S DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO HIS/HER IMAGES, ANY LOSS OF THE USER'S IMAGES AND ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
DVDCrate.com NEITHER ASSUMES, NOR DOES AUTHORIZES ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE AND SOFTWARE PRODUCTS. The limitations of liability provided in this agreement inure to the benefit of DVDCrate.com, our affiliates and to all of our respective officers, directors, employees, attorneys and agents.
Indemnification
Users agree to indemnify, defend and hold harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from the user's (directly or through its agents) use of the site or software products provided hereunder by DVDCrate.com; user's breach of any provision of this agreement or any intentional wrongdoing by the user. Any such indemnification shall be conditioned on DVDCrate.com's: (a) promptly notifying the indemnifying party in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with the indemnifying party in the defense or settlement thereof; and (c) allowing the indemnifying party to control such defense or settlement. DVDCrate.com shall be entitled to participate in such defense at its own cost and expense. DVDCrate.com reserves the right to report any wrongdoing to the applicable government agencies or otherwise.
Intellectual Property
A. Generally
All pages within the site are the property of DVDCrate.com. The site and the software products are protected by federal and international copyright and trademark laws. No portion of the materials on the site pages may be reprinted, republished, modified, or distributed in any form without the express written permission of DVDCrate.com. A user may not, and this agreement does not give a user permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the site or the software products. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. A user may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the site or its content. Any rights not expressly granted by this agreement with respect to the site are reserved by DVDCrate.com.
B. Trademark Notice
DVDCrate.com is trademarked by Brainy Automation LLC. Any other trademarks and / or logos used on this site are the trademarks, service marks or logos of their respective owners. Nothing in this agreement shall confer any right of ownership of any of the trademarks to any user. Further, nothing in this site shall be construed as granting, by implication or otherwise any license or right to use any trademark used or displayed on this site, without the express written permission of DVDCrate.com or the trademark owner.
Linking to the Site
Unless a user has a written agreement in effect with DVDCrate.com which states otherwise, users may only provide a hyperlink to DVDCrate.com's websites on another website, if the user complies with all of the following: (a) the link must be a text-only link clearly marked either (i) "DVDCrate.com" or "www.DVDCrate.com"; (b) the link, when activated by a user, must display the DVDCrate.com website full-screen and not within a frame on the linking website; and (c) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with DVDCrate.com and trademarks or create the false appearance that DVDCrate.com is associated with or a sponsor of the linking website. DVDCrate.com reserves the right to revoke its consent to any link at any time in its sole discretion.
Ideas; feedback
DVDCrate.com may accept or consider unsolicited ideas such as ideas for new products, themes, software products, processes, new advertising campaigns, new promotional activities, marketing plans or new product names. Please be advised that DVDCrate.com will not treat them as confidential or proprietary.
DVDCrate.com welcomes any feedback regarding this website, its products and software products. However, please be advised that such feedback will not be deemed confidential. By sending DVDCrate.com feedback, the user agrees to allow DVDCrate.com to use such feedback on an unrestricted basis, including for, but not limited to, advertisement purposes.
Governing Law and Choice of Forum
This agreement shall be governed by and construed in accordance with the laws of the state of Kansas, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to this agreement, the site or the software products shall be brought exclusively in the federal or state courts located in Johnson County, Kansas, and both parties consent to the jurisdiction thereof.
Miscellaneous
In the event that one or more portions of this agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforcability shall not affect any other provision contained in this agreement. The headings used throughout this agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this agreement. The delay or failure of the user or DVDCrate.com, at any time or times, to require performance of any provision hereof shall in no manner affect user or DVDCrate.com's right at a later time to enforce such provision. No delay or failure of the user or DVDCrate.com in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This agreement and any documents expressly incorporated by reference, including but not limited to the privacy policy, constitute the entire agreement between DVDCrate.com and the user, pertaining to the subject matter hereof. In its sole discretion, DVDCrate.com may unilaterally amend or modify this agreement or any other documents referenced herein at any time by posting on the site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the site constitutes acceptance of any modified terms and conditions. User shall regularly review this agreement. Users may not assign their rights or delegate their responsibilities hereunder without the express written permission of DVDCrate.com. DVDCrate.com may, at any time, assign its rights or delegate its obligations hereunder without notice to the user. No person not a party to this agreement is intended to be a beneficiary of this agreement, and no person not a party to this agreement shall have any right to enforce any term of this agreement.
Inquiries
This site and any content are offered by DVDCrate.com. Questions concerning DVDCrate.com, this site, the software products, or any aspect of this agreement should be directed to DVDCrate.com, via the Contact page.
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