you and the Site, and by using and/or accessing the Site, you are
expressly agreeing to abide by the following terms:
Personal use. The Site is being presented for your personal,
non-commercial use. Jim and Susan, LLC (“we” or “us”) grants you a
limited, non-exclusive license to access the Site, and to download
certain material on the Site onto your personal computer, for your
personal, non-commercial use only. We reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders
in our sole discretion.
No Reproduction of Materials. The material on the Site (including,
without limitation, all images, illustrations, audio clips, and video
clips including without limitation trailers, TV spots and any and all
audiovisual materials) is protected under state and federal copyright
and trademark laws. By accessing and/or downloading the material on
the Site, you do not acquire any ownership interest or rights to the
material found on the Site, nor are you authorized to create any
derivative works of such material. You are not authorized to use such
material in any way other than as specified herein. All rights to the
content of the Site, and any material on the Site, are reserved by us.
You may not reproduce, duplicate, disseminate, publish or transfer
such content or material in any form or by any means by use of any
media now in existence or that may be created in the future, except
with our prior written permission. You may not use any “meta tags” or
any other “hidden text” utilizing our name or trademarks, and/or the
name of the Site, without our prior written consent. Any unauthorized
use of the Site, or the contents or materials thereon, automatically
terminates the permission or license granted by us hereunder.
Copyright and trademark infringement are violations of federal and
state law, and are subject to criminal and civil penalties.
Accuracy. We cannot and do not guarantee or warrant the accuracy of
any information found on the Site. Any action taken or not taken by
you as the result of reviewing information on the Site is solely at
Links. We have provided links to outside Web sites for your
convenience. We do not review, and assume no responsibility to review,
the content of the sites to which links are provided, and make no
representation or warranty as to their content, accuracy or
reliability. We are providing these links merely as a convenience, and
the inclusion of any link does not in any way imply or express
affiliation, endorsement or sponsorship by us of any linked site
and/or any of its content therein.
Material Posted or Communicated by Users. Users of the Site may post
comments and other content, send communications, and submit
suggestions, ideas, comments, questions, or other information on or
through the Site, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties
or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to
the origin of a communication, post, or other content. We reserve the
right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we explicitly
indicate otherwise, you grant us a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, and display such content throughout the world in any
media. You grant us and our sublicensees the right to use the name
that you submit in connection with such content, if we or they choose.
You hereby waive any and all rights to any stories, ideas, drawings,
opinions, and any other creative “materials” posted to the Site. You
represent and warrant that you own or otherwise control all of the
rights to the content that you post; that the content is accurate;
that use of the content you supply does not violate this policy and
will not cause injury to any person or entity; and that you will
indemnify us for all claims resulting from content you supply. We have
the right but not the obligation to monitor and edit or remove any
activity or content. We take no responsibility and assume no liability
for any content posted by you or any third party.
Viruses. We attempt to keep the Site virus free. However, due to the
nature of the Internet, we assume no responsibility and shall not be
liable for any damages due to, or as a result of, viruses, worms,
Trojan Horses or other computer programs or applications that may
infect your computer or other property as a result of your accessing
of the Site.
Communications with Us. Any communication or material that you send to
us by electronic mail or otherwise is, and will be treated as,
non-confidential and non-proprietary. You hereby consent to receive
communications from us electronically. 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.
Minors’ Use of the Site. If you are under the age of 18 years old, you
must get your parent's permission to use this Site, and prior to
sharing personal information on the Site.
Purchases Made on the Site.
RISK OF LOSS: All items purchased from the Site are made pursuant to a
shipment contract. This means that the risk of loss and title for such
items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS: We attempt to be as accurate as possible.
However, we do not warrant that product descriptions or other content
of the Site is accurate, complete, reliable, current, or error-free.
If a product offered for sale by us is not as described, your sole
remedy is to return it in unused condition.
PRICING: We cannot confirm the price of an item until you order;
however, we do NOT charge your credit card until after your order has
entered the shipping process. Despite our best efforts, a small number
of the items on the Site may be mispriced. If an item's correct price
is higher than our stated price, we will, at our discretion, either
contact you for instructions before shipping or cancel your order and
notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS
SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS
OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE,
UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR
USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE
DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS,
PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY
INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity. You agree to indemnify, hold harmless and defend us and our
affiliates, parent companies, subsidiaries, officers, directors,
employees, agents and network service providers at your expense,
against any and all damages, claims, actions, proceedings, and suits
and all related liabilities, damages, settlements, penalties, fines,
costs and expenses (including, without limitation, reasonable
attorneys’ fees and other dispute resolution expenses) incurred by us
arising out of or relating to your: (a) violation or breach of any
Copyright Policy, or any applicable law, regulation, policy or
guideline, whether or not referenced herein; or (b) violation of any
rights of any third party.
Disputes. You agree that any dispute regarding this agreement and any
use of the Site must be brought in a court of competent jurisdiction
in New York, New York, USA, and by using and accessing the Site you
hereby consent to venue and jurisdiction in New York, New York, USA,
for any disputes arising from your use of the Site.
Other Policies. Please review the other policies and guidelines
(“Policies”), such as the Privacy Statement, posted on the Site. Those
of, www.jimthefilm.com. We reserve the right to make changes to the
these conditions or provisions is deemed invalid, void, or for any
reason unenforceable, that condition or provision shall be deemed
severable and shall not affect the validity and enforceability of any
Termination. We shall have the right to immediately terminate your use
of the Site if we determine, in our sole discretion, that you have
breached this agreement, or if you have engaged in conduct which we
determine, in our sole discretion, to be unacceptable.
Entire Agreement. This agreement, together with the Policies posted on
the Site, which are incorporated by this reference, represents the
entire agreement regarding your use of the Site.
Changes to this Agreement. You may not alter the terms and conditions
of this agreement without our express written consent. Any attempt by
you to do so is hereby rejected as void.
substantive changes to our policies, we will notify users by posting
bulletins on the Site, by email at the address provided by you, or by
Site after such changes constitutes your agreement with regard to
information collected from you in the past and the future.
Jim and Susan, LLC (“we” or “us”) operates the www.jimthefilm.com
website (the “Site”). We have created this Privacy Statement in order
to demonstrate our firm commitment to maintaining the privacy of your
personal information. The following sets forth the information
gathering and dissemination practices for the Site. By accessing the
Site, you consent to the collection and use of your personal
information as set forth in this Privacy Statement.
Types of Information Gathered.
Information You Give Us: We receive and may store any information you
enter on the Site or give us in any other way, including via email
communications. [If you choose to register with us, we require you to
provide your email address and birth date. You will also be required
to select a user ID and password. In addition, we may optionally ask
you to provide your physical address and other demographic
information, such as gender, interests or occupation, as well as
credit card and billing information for verification purposes or for
the purchase of products and services.] [Vanessa/Jeremy: Will you have
some sort of registration feature, or “profiles” that users can
create?] When we collect personally identifying information from you
it is because you are voluntarily submitting the information to us in
order to participate in activities like sweepstakes, contests, games,
surveys, forums, subscription registrations, in connection with
content or suggestions you submit to us, chats or bulletin boards, or
because you want us to furnish you with services or information. We
may also obtain personally identifying information from reputable
third parties. You can choose not to provide certain information, but
then you might not be able to take advantage of certain features of
the Site. We use the information that you provide for such purposes as
responding to your requests, customizing your future use of the Site,
improving the Site, and communicating with you.
Automatic Information: We receive and may store certain types of
information whenever you interact with the Site. When you visit the
Site, we log standard information, such as your IP address. In
addition, like many Web sites, the Site uses "cookies," and we obtain
certain types of information when your Web browser accesses the Site.
A “cookie” is an alphanumeric piece of data stored on a user’s
computer that contains information about the user. The Site uses
cookies to deliver content specific to your interests. You can modify
your Web browser to refuse all cookies, or to indicate when a cookie
is being sent.
Information Shared with Third Parties.
We may share personally identifiable information about you with third
parties, including: (a) with your consent or following the opportunity
to opt-in or opt-out for specific programs or features; (b) when we
have a good faith belief that it is necessary pursuant to a subpoena
or other judicial or administrative order; (c) to process payments for
products or services; (d) as otherwise stated in this Privacy
Statement; (e) where required by law; or (f) at our sole discretion,
when we deem it necessary to respond to claims, to protect the safety
of any individual or the public, or to protect our rights, property or
personal safety or those of any third party. We also may share
non-personally-identifiable information with interested third parties
to assist them in understanding the usage patterns for the Site.
In the event of a change of ownership or a direct merger with or
acquisition by another entity, your information may be transferred to
the acquiring entity.
Other than as set out above, you will receive notice when information
about you might go to third parties, and you will have an opportunity
to choose not to share the information. If you opt not to share
certain information, you may not be able to utilize all features of
Registration Forms, Surveys, Contests.
From time to time, the Site may request you to register your personal
information with the Site (e.g., in connection with accessing
downloadable features or information), or to ask you to participate in
a survey or contest. When filling out these forms, surveys or contest
entries, we may ask you to give us contact information (e.g., your
name, email, and postal address), and demographic information (e.g.,
your zip code, age, or income level).
We may use this information to ship purchases or provide you with more
information about us.
We also may use this data to tailor your experience at the Site, to
show you content that we think you might be interested in, and to
display the content according to your preferences.
How Your Information is Secured by Us.
We work to protect the security of your information during
transmission by using Secure Sockets Layer (SSL) software, which
encrypts sensitive personal information you input (such as email
addresses and credit card numbers). We will restrict our employees’
access to databases containing personal information and will impose
confidentiality requirements on those employees that do so. It is
important for you to protect against unauthorized access to your
computer. Be sure to sign off when finished using a shared computer.
The Site contains links to outside Web sites. We have no control over,
are not responsible for, and make no representations regarding, the
privacy practices or the content of such outside Web sites. We
We may make chat rooms, forums, message boards, and/or news groups
available to you. Please remember that any information that is
disclosed in these areas becomes public information and you should
exercise caution when deciding to disclose your personal information.
Note to International Users.
The Site is hosted in the United States and is intended for and
directed to users in the United States. If you are a user accessing
the Site from the European Union, Asia, or any other region with laws
or regulations governing personal data collection, use, and disclosure
that differ from United States laws, please be advised that through
your continued use of the Site, which is governed by U.S. law, this
transferring your personal information to the United States and you
consent to that transfer.
Children's Use of the Site.
We care about children and understand that they have special privacy
needs. Therefore, we have adopted the following privacy policies
regarding children under the age of 13 (“Minors”):
We will not knowingly collect, use, or distribute to third parties
personally identifiable information from Minors without prior
verifiable parental consent.
We will not knowingly give Minors access to unmonitored chat rooms,
message boards, email accounts, or other services that would give such
Minor the ability to publicly post or otherwise distribute personally
identifiable information without prior verifiable parental consent.
We will not knowingly use any personally identifiable information
submitted by a Minor for any reason unless parental consent is
obtained. In the event that we learn that we have collected personally
identifiable information from a Minor without verification of parental
consent, we will delete that information as quickly as possible. If
you believe that we may have collected personally identifiable
information from or about a Minor without parental consent, please
contact us as email@example.com.
If you are under the age of 18 years old, you must get your parent's
permission to use this Site and prior to sharing personal information
online, whether on the Site or any other Web site.
Changes and Updates.
This Privacy Statement may change from time to time. If we make any
substantive changes to our policies, we will notify registered users
by posting bulletins on the Site, by email at the address provided by
you, or by posting notice of changes at [link to privacy statement].
Your use of the Site after such changes constitutes your agreement
with regard to information collected from you in the past and the
Contacting the Site.
If you have any questions about this privacy statement, the practices
of the Site, or your dealings with this Web site, you can contact us
at firstname.lastname@example.org, or at
Jim and Susan LLC
332 Bleecker Street, #H61
New York, NY 10014
Jim and Susan, LLC (“we” or “us”) is committed to permission-based
email marketing practices, and therefore has established this
no-tolerance Anti-Spam Policy. We may update this policy and provide
notice of any changes on our home page. Your use of this website (the
“Site”) constitutes your acceptance of the terms and conditions of our
Spam is commercial email or unsolicited bulk email, including junk
mail, which has not been requested by the recipient. Spam is not an
accepted promotion technique and we do not condone or engage in Spam.
Users of the Site agree to comply with this Anti-Spam Policy. We
reserve the right to determine in our sole discretion what constitutes
The following is a non-exhaustive list of examples of spamming that
Manipulating identifiers, such as email headers, to disguise the
origin of any email.
Relaying email from a third party's mail servers without the
permission of that third party.
Using or causing to be used the Site to facilitate the transmission of
unsolicited or unauthorized material. This includes any promotional
materials, URLs, "junk mail," "chain letters," "pyramid schemes," or
any other form of unauthorized solicitation that you may upload, post,
email, transmit, or otherwise make available.
Using "robots" or otherwise harvesting users’ email addresses from the
Site for purposes of sending unsolicited or unauthorized material.
Uploading, posting, emailing, or transmitting the same message, URL,
or post multiple times.
Disrupting the normal flow of dialogue, or causing the screen to
"scroll" faster than other users of the service are able to type, or
otherwise acting in a manner that negatively affects other users'
ability to engage in real-time exchanges.
Any users found to be using our programs, products or services, or
information gathered or obtained from the Site, to engage in Spam may,
at our discretion, be immediately blocked from future access to the
Site. We will take any steps we deem necessary to prevent us from
being involved in Spam, and we will pursue all available legal
remedies against any person(s) or organization(s) that use our
programs, products or services, or information gathered or obtained
from the Site, in connection with Spam communications. If damages of
any kind are levied against us in connection with any Spam
communications disseminated by any users of the Site, we will pursue
full legal recourse against the offending user(s) under any and all
We do not authorize the harvesting, mining or collection of e-mail
addresses or other information from or through the Site. We do not
permit or authorize others to use the Site to collect, compile or
obtain any information about our users, customers or subscribers,
including but not limited to e-mail addresses, which are our
confidential and proprietary information.
If we believe that unauthorized or improper use is being made of the
Site, we may, without notice, take such action as we, in our sole
discretion, deems appropriate, including blocking messages from a
particular internet domain, mail server or IP address. We may
immediately terminate any account on the Site which we determine, in
our sole discretion, is transmitting or is otherwise connected with
any e-mail or posting that violates this policy. Nothing in this
policy is intended to grant any right to transmit email to or through
Failure to enforce this policy in every instance does not amount to a
waiver of our rights.
If you believe that you have received Spam connected to us in any way,
please notify us by sending us an email, including a copy of the
unsolicited Spam communication, at email@example.com. You may
also provide any other information that you believe may help us
investigate the matter. We do not investigate or take any action based
on anonymous Spam complaints.
Individuals who sign up on the Site for programs, products or for any
other reason, and provide their email address, give us permission to
send them information concerning our programs, products and services
to said email addresses. In order to protect your privacy, we do not
sell, share or trade our subscriber list or users’ personal
information with anyone for any reason, and users may unsubscribe from
future email notifications from us at any time.
Jim and Susan, LLC (“we” or “us”) holds the exclusive copyright to the
contents of, and all material available on, this Web site (the
“Site”), and all such contents and materials are our exclusive
property, unless otherwise explicitly indicated.
All rights are reserved by us, and the contents of, and material
available on, the Site may not be reproduced, disseminated, published
or transferred in any form or by any means, except with our prior
Copyright infringement is a violation of state and federal law subject
to criminal and civil penalties.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our copyright agent
the written information specified below. Please note that this
procedure is exclusively for notifying us that your copyrighted
material has been infringed.
An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is
located on the site, including the URL, if applicable;
Your address, telephone number, and e-mail address;
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;
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on
its site can be reached as follows:
Jim and Susan LLC
332 Bleecker Street, #H61
New York, NY 10014