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(Last Modified & Effective April 13, 2024)
Terms and Conditions
Terms of Use of this Website
Use of this website is governed by the following terms, together with our cookies policy [link to cookies policy] (the ‘Terms of Use’):
Copyright
Copyright in the publications, materials, and other content (‘Content’) on this website is owned by CIMDB. All rights reserved.
You may download and temporarily store one or more of the pages of this website for the purposes of viewing them. You may also print any of the Content on this website so long as each copy is a complete copy, no amendment is made to it, it acknowledges CIMDB as its source, and it is only for personal use or use within your organization. If you provide copies to others, you must ensure that any recipient is made aware of these Terms of Use.
Any other storage, copying, transmission or distribution of the Content on this website is prohibited without the prior written consent of CIMDB. Please address requests to CIMDB.
Introduction
Please read these terms and conditions of use carefully before using this cimdn site.
By using the CIMDB Sites, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use CIMDB Sites. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this CIMDB Site following the posting of changes to these terms will mean you accept those changes.
Thanks for choosing CIMDB, "we", "us", "our"). By accessing, signing up or otherwise using the CIMDB Site service, websites, mobile applications, and software applications (together, the "service"), or accessing any content, information or material that is made available by CIMDB Site through the service (the "content"), you are entering into a binding agreement with us. These Terms of Service incorporate by reference the privacy policy, and any other supplemental policies and guidelines that may be posted on the service from time to time, and collectively constitute the "Agreement" between us. To the extent any such policies and guidelines are inconsistent with these Terms of Service, these Terms of Service will prevail.
We may make changes to the Agreement and your continued use of the service will be treated as your acceptance of the updated Agreement. We will provide you advance notice of any material changes to the Agreement and if you do not agree to the changes, you must cancel your account and cease using the service. The Agreement includes information about automatic renewals and resolution of disputes by arbitration instead of in court.
The service is part of the broader CIMDB Network Site and other offerings may be governed by supplemental terms specific to those offerings.
Linking
Links to this website are prohibited without the prior written consent of CIMDB. Please address requests to CIMDB at our office.
This website contains links to other websites, including social networks. However, we do not endorse or accept any responsibility for any content on or software downloaded from any website linked to or from this website.
Disclaimer
Publications and other Content available on this website are provided for general information only. They do not constitute professional advice and should not be relied on. If you do require our services, or wish to find out more about the Content, please contact our office.
While we endeavor to ensure that the information on this website is accurate at the time it is included, we accept no obligation to ensure that the Content is complete, accurate or up to date, or that the website or its Content will remain accessible.
To the extent permitted under applicable law or regulation, CIMDB excludes all liability (however caused) to you or any third parties for any loss or damage relating to the use of, inability to use, or reliance on this website or any of the Content or links contained on it.
Changes
These Terms of Use may be amended by us from time to time. Please check them periodically to inform yourself of any changes.
Governing Law
The Terms of Use and all issues regarding this website are governed by the laws of California and all disputes shall be determined exclusively by the Courts. If you experience any problems with this site, please contact us.
Eligibility
You are eligible to use and sign-up for the service if you are: 13 years of age or older (or the age of majority in your province, territory, or country), but if you're 13-17 years of age you'll need permission from your parent or guardian. No one under 13, allowed to register.
In order to access the service, you'll need a device capable of supporting the service. You'll also need to complete the registration process with accurate registration and payment information. Your unique username and password may be used on up to five of your personal devices shared within your household. The service is hosted in the United States, and we do not guarantee that the service or Content is available or appropriate for audiences outside the United States.
Accountability
You are responsible for maintaining the confidentiality of your account username and password and for restricting access to your account and device. Creating multiple accounts with overlapping uses or in order to evade the temporary or permanent suspension of an account is not allowed. You agree to accept responsibility for all activities that occur under your account and for keeping your account information current, complete, accurate and truthful. You must immediately notify us of any unauthorized use of your account and any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Payment Terms & Cancellation
You will be billed on a monthly basis for use of the service, but you will not be billed for any free trial period or if you are using a prepaid code. If you have signed up for a free trial, you may cancel at any time without charge during the free trial period. If you have not submitted a valid cancellation by the end of your free trial period, we will begin to charge your credit card or alternate payment method accepted by us. We may change the rate of your subscription by giving you advance notice. You are responsible for ensuring that your billing and contact information is accurate and up to date. The increased rate will apply to the next payment due from you after the date of the notice.
YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED ON A RECURRING MONTHLY BASIS (UNLESS YOU HAVE SELECTED A PAYMENT OPTION BASED ON ANOTHER RECURRING BASIS). IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST CANCEL YOUR SUBSCRIPTION THROUGH THE SERVICE BEFORE THE END OF THE APPLICABLE RECURRING PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND YOU WILL NOT BE REFUNDED ANY FEES THAT YOU HAVE ALREADY PAID.
Credit Cards
CIMDB Sites takes the issue of your privacy seriously. We provide your credit card number, billing, and shipping information to participating merchants from whom you buy goods or services. The merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, we do not share your credit card information with anyone else. For more information, please read our Privacy Policy. To protect the security of your credit card information, we employ the industry- standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating merchants.
Subscriptions/Billing
In the near future, some services offered by CIMDB Site will be subscription-based services. If you open a subscription-based account with any of our sites, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers. We reserve the right to terminate any account at any time for any reason.
CIMDB Site agrees that it will terminate Customer's account upon notice from Customer. If cancellation is received within the first 30 days of Customer signing up for a service, Customer will be refunded all subscription fees for that service, but Customer will still be obligated to pay any other charges incurred. If Customer cancels a service after 30 days of signing up for a service, no refund for unused time on such service will be made. If Customer has a balance due on any CIMDB Site account, Customer agrees that CIMDB Site can charge these unpaid fees to their credit card. Please Note: Your Subscription will be automatically renewed, and your credit card account will be charged as follows:
1. Every month for monthly subscriptions.
2. Upon everyone (1) year anniversary for annual subscriptions and upon every six (6) months for six (6) month subscriptions.
3. The renewal charge shall be equal to the original customer signup price, unless otherwise notified in advance by the CIMDB Site. Customers will have forty-five (45) days after the date that any renewal fee is posted to the customer's charge account to give notice that he or she wishes to cancel his or her subscription. The subscription will be canceled upon receipt of such notification and a credit will be posted to the customer's charge account equal to the latest renewal fee charged. a customer's right to use the Service is subject to any limits established by CIMDB Site or by the customer's credit card issuer.
4. If payment cannot be charged to customer's credit card or customer's charge is returned for any reason, including chargeback, CIMDB Site reserves the right to either suspend or terminate customer's access and account, thereby terminating this Agreement and all obligations of CIMDB Site hereunder. If customer has reason to believe that customer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of customer's ID, password, or any credit, debit or charge card number stored on the CIMDB Site of the problem to avoid possible liability for any unauthorized use.)
Submissions
We are pleased to hear from our users and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work.
Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us). If, at our request, you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "submissions"), the submissions shall be deemed, and shall remain, our property. None of the submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any submissions.
Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions.
Content
Rights We Grant You to the Content
CIMDB Sites owns, has licensed, or otherwise has rights to use, and retains all proprietary rights to the service and the content. The content is protected by copyright, trademark, and other intellectual property laws. CIMDB Site grants you a non-exclusive, non- transferable, non-sub licensable, revocable right to use the service and access the content for your own personal, non-commercial, entertainment use as permitted by this Agreement.
You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the service. Except as explicitly described herein, this Agreement does not grant you or any other party any right, title or interest in the service or the content. You may not: (i) sell, rent, lease, distribute, or broadcast any right to the content to any third party; (ii) remove any proprietary notices on the content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the service or any other part of the service; (iv) interfere with, or disrupt, the access of any user, host or network, including without limitation, sending a virus, overloading, flooding, spamming the service or posting user generated content in such a manner as to interfere with or create an undue burden on the service; or (iv) use the service or content for any commercial or illegal purpose.
Nature of Content
Genre categories, content types, and ratings are provided solely for your convenience, and we do not guarantee their accuracy. You acknowledge that you may encounter content that you may find offensive, indecent, or objectionable; this content may or may not be identified as having explicit language or other attributes. You agree to use the Service and interact with the content at your sole risk.
We may add or remove content from the service at any time with or without notice. Not all the content on the service is available for customers outside the United States. Some of the content may be subject to geographical, device, or other restrictions and may not be available in the same manner (or at all) across all users of the service. We cannot guarantee that the service will be available or is legal in your location.
Interacting with the Content
You may be able to generate video clips of certain portions of the content within the service ("GIFs") or similarly comment, share, or interact with other portions of the content within the service (all such activity, including GIFs, "user generated content"). All user generated content must comply with our community rules (which are part of these Terms of Service) and we retain sole discretion over the enabling of these tools and the way they are used within the Service.
Content
In consideration for the rights granted to you under this Agreement, you grant us the following rights:
User Generated Content
You grant us an irrevocable, perpetual, non-exclusive, worldwide, sub-licensable, royalty free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreement plus 20 years), fully paid license to use and distribute user generated content submitted by you for any purpose and through any means whatsoever, including for advertising and promotional purposes. The rights granted in this section include the right to use your name and image.
The foregoing right also allows other users of the service to access your user generated content through the service, and to use, modify, reproduce, distribute, and perform such user generated content as permitted through the service and under this Agreement.
By uploading user generated content through the service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such user generated content. You further waive all rights of privacy, publicity, or any similar rights about your user generated content. To the extent any moral rights are not transferable or assignable, you hereby waive and agree not to assert any such rights, or to maintain any action based on any moral rights that you may have in or with respect to any user generated content.
In addition, you represent and warrant that your user generated content and our authorized use of it will not infringe the rights of any third party. You expressly release us and our agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from all claims, demands, liabilities, and causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the use of your user generated content.
You, not CIMDB Site, remain solely responsible for all user generated content that you upload, post, email, transmit, or otherwise disseminate using, or about, the service. Aside from the rights specifically granted to us herein, and the underlying rights to the content reserved by us under Section 4.1, you retain ownership of all other rights in the user generated content.
Content Linked to CIMDB Sites
Please exercise discretion while browsing the Internet using any CIMDB Site. You should be aware that when you are on a CIMDB Site, you could be directed to other sites that are beyond our control. There are links to other sites from CIMDB Site pages that take you outside of our service. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off the CIMDB Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement.
These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on CIMDB Sites may send cookies to users that we do not control. We reserve the right to disable links from third party sites to any CIMDB Site. We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to a CIMDB Site. Please keep in mind that whenever you give out personal information online; for example, via message boards or chat, that information can be collected and used by people you don't know. While CIMDB strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any CIMDB Site are the copyrighted property of CIMDB Site, or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to CIMDB Site or its affiliates. No material from any CIMDB Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any CIMDB Site.
For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. In the event, you download software from any CIMDB Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Advertising
You grant us the rights to provide advertising, marketing, and other information to you, and allow our business partners to do the same, as further described in our privacy policy.
Feedback
You acknowledge that any feedback or suggestions you provide to us about the service may be freely used or incorporated by us without restriction, accreditation, or payment to you.
Community Rules
Please see our Community Rules (which are part of these Terms of Service) to understand what is prohibited as a user of the service. We are not obligated, but reserve the right always, to monitor, remove or edit user generated content on the services and to suspend or terminate users who violate the Community Rules. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms of Service, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Services, its users and the public.
Forums and Public Communication
"Forum" means a chat area, message board, or e-mail function offered as part of any CIMDB Site. If you participate in any Forum within a CIMDB Site, you must not:
It is our policy to respect the privacy of all customers. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a customer's email unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on any CIMDB; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our customers or the public. Customers shall remain solely responsible for the content of their messages.
We reserve the right to remove or edit content from any Forum at any time and for any reason. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so- called "moral rights" in those materials have been waived. When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information and shall not be responsible for any trading or investment decisions made based on such information.
Disclaimer
THE MATERIALS IN CIMDB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO 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 THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY CIMDB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CIMDB SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY COSPFLIX MEDIA NETWORK SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any CIMDB Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any CIMDB Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Search and Directory are free services offered by us. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in our search index or directories.
Warranty Disclaimer
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING WITHOUT LIMITATION THE CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Indemnity
You will indemnify and hold CIMDB Site, its parents, subsidiaries, affiliates, officers, suppliers, licensors, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the service, use of the service, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
IN NO EVENT SHALL CIMDB OR ITS LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU THEREFOR DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND CIMDB'S REASONABLE CONTROL.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CIMDB SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY CIMDB MEDIA SITE.
Jurisdictional Issues
Unless otherwise specified, the materials in any CIMDB Site are presented solely for the purpose of promoting programs, films, and other products available in the United States and Internationally. CIMDB Site is controlled and operated by CIMDB and its affiliates. We make no representation that materials on any CIMDB Site are appropriate or available for use in any particular location. Those who choose to access CIMDB Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls.
Arbitration and Governing Law
Any contractual dispute or claim relating to your use of the service will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
If you have a claim related to the service, you must bring such claim to arbitration pursuant to this section within one (1) year after the date on which the claim arose. Any dispute arising from or relating to the subject matter of this Agreement shall be settled by arbitration in Los Angeles County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. For all purposes of this Agreement, the parties' consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Central District of California. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
General Provisions
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles California County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
Third-Party Services
The Service may incorporate or contain links to third party websites or services ("third party services") that are not owned or controlled by CIMDB Site. When you access third party services, you do so at your own risk. Any use of third-party services is governed solely by the terms and conditions of such third- party services (and you shall comply with all such terms and conditions), in addition to your obligations under this Agreement. CIMDB Network Site has no control over and assumes no responsibility for: (i) the content, services, accuracy, privacy policies, or practices of or opinions expressed in any third-party services, or (ii) any contract entered into by you with any such third party CIMDB Site may modify or discontinue your use of, or access to, the third-party services, or any content or services available thereunder, at any time in its sole absolute discretion with or without notice to you.
Termination
This Agreement shall remain in full force and effect while you use the service. You may terminate your use of the service at any time. CIMDB Site may terminate or suspend your access to the services at any time, for any reason, and without warning. Upon termination of your account, your right to use the service will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all CIMDB Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Your access to any and all CIMDB Sites may be terminated immediately without notice from us if in our sole discretion, you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the CIMDB Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these terms or otherwise.
Copyright Dispute Policy
Notice and Procedure for Making Claims of Copyright Infringement
We may give notice to our users by means of a general notice on any CIMDB Site, electronic mail to a user's email address on our records, or by written communication sent by first class mail to a user's address on our records. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement. To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. If you are a copyright owner, or an agent thereof, and believe that any content, user generated content, or other material provided through the service infringes upon your copyright, please notify us through the procedure set forth below.
8. CIMDB Site will process each complete notice of alleged infringement and take appropriate action in accordance with applicable intellectual property laws and the Digital Millennium Copyright Act ("DMCA"). A notification of claimed copyright infringement should be forwarded to the CIMDB Copyright Agent at the following address cimdb.tv.
9. All DMCA notices must be in writing and contain the following information to be valid: Your name, address, telephone number and, if available, e-mail address;
10. A description of the copyrighted work that you claim has been infringed;
11. A description of where the material that you claim is infringing may be found, sufficient for the CIMDB to locate the material and verify its existence; A statement that you have a good faith belief that the use of the material in the manner identified is not authorized by the copyright owner, its agent, or the law;
12. A statement by you, 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; and your electronic or physical signature.
Privacy Policy
For information regarding CIMDB treatment of personally identifiable information in the service, please review the current privacy policy which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by CIMDB Privacy Policy.
Contact
If you have any questions, complaints, or claims with respect to the services, you may contact us at: cimdb.tv.
Miscellaneous
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. CIMDB Site shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond CIMDB reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicense by you except with CIMDB prior written consent.
CIMDB may transfer, assign, or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement (provided that if a separate written agreement with respect to CIMDB products or services exists between you and CIMDB, the terms and conditions of that written agreement shall take precedence over this Agreement in the event of any conflict.
No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind CIMDB in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
All registered trademarks herein are the property of their respective owners.