Last Updated: May 24, 2021.

 

These Terms of Use (“Terms“) are a legal and binding agreement between you and SenArt Films (referred to herein as “SenArt”, “we”, “us”, or “our”) governing your access to and use of the website located at https://SenArtFilms.com/ and all content, features, functionality, and offers made available thereon (the “Site”).

 

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING AND USING THE SITE, YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT USE THE SITE.

 

  1. Modifications

We may update, change, modify, or revise these Terms at any time and for any reason.  Any changes will become effective upon posting to the Site, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the top of these Terms.  Your continued access to and/or use of the Site after any such modifications constitute your acceptance of the Terms as modified.  If any modification to these Terms is held to be invalid, void, or unenforceable for any reason, such modification shall be deemed severable and shall not affect the validity and enforceability of these Terms.

 

  1. Use

SenArt hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site. You shall not, in any way, otherwise copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site.

SenArt may at any time, for any reason, and without notice:  (a) modify, suspend, or terminate operation of or access (including for any individual or number of individuals) to the Site, or (b) change, revise, or modify the Site.

 

  1. Ownership and Intellectual Property Rights

The Site and all SenArt software, systems, technology, and know-how (“SenArt Technology”) are owned by or licensed to SenArt and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Site are owned by or licensed to SenArt (collectively, the “Marks”).  You agree that SenArt and its licensors own and retain all right, title and interest (including all intellectual property rights) in and to the Site, Marks, and SenArt Technology (collectively, the “SenArt Intellectual Property”), and that no interest therein is transferred to you.

Nothing herein shall confer any grant or license of any SenArt Intellectual Property Rights, whether by estoppel, by implication, or otherwise.  You are strictly prohibited from using any SenArt Intellectual Property.

 

  1. Restrictions on Use

You shall not:

  • reproduce, distribute, or publically display the Site;
  • adapt, alter, modify, reverse engineer, disassemble, or decompile the Site, or any SenArt Technology or SenArt Intellectual Property;
  • prepare derivative works based on the Site, or any SenArt Technology;
  • remove, obscure, or modify any copyright, trademark or other proprietary rights notices, Marks or labels contained on or within the Site, or any SenArt Technology;
  • frame, mirror, or in-line link the Site, or incorporate into another website, application, or any SenArt Intellectual Property;
  • use the Site or the SenArt Technology for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
  • attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
  • interfere with any access control measures or attempt to disable or circumvent such security features;
  • post, transmit, submit, or include any viruses, code, or programming routines intended to damage the Site;
  • post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind;
  • submit or post any false or misleading information; and/or
  • violate, infringe, or misappropriate the publicity, privacy, or other proprietary rights of SenArt, its licensors, or any other person or entity related to the Site.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, users, us, our brand, or any other person or entity, or that violates these Terms and/or applicable law.

Any unauthorized use automatically terminates the license granted to you hereunder.

 

  1. Submissions

You are solely responsible for any information, content, or material you transmit to us through the Site, email, or otherwise, including without limitation any project proposal (“Submission(s)”). You understand that, except for any personal information we may collect from you under the guidelines established in our Privacy Policy, Submissions are considered non-confidential and non-proprietary.  Furthermore, you grant SenArt an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, evaluate, and distribute any Submission, without compensation or accounting to you or anyone else.  After reviewing any Submission, we are not required to return any written response to you. If we are interested in your Submission that is a project proposal, upon our reasonable request, you agree to negotiate with us for rights thereto. You represent and warrant that:  (a) you have the right to submit the Submission to SenArt and grant the licenses set forth above; (b) SenArt will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms and all applicable laws and regulations.

SenArt takes no responsibility and assumes no liability for any Submission.

 

  1. Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS”.  EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SENART DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. SENART SHALL NOT BE HELD RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. SENART MAY DISCONTINUE ANY ASPECT OF THE SITE, OR THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF THE SITE AT ANY TIME. WITHOUT LIMITING THE FOREGOING, SENART DOES NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

 

  1. Limitation of Liability

IN NO EVENT SHALL SENART, ITS BUSINESS PARTNERS AND LICENSORS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF SENART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. Indemnification

You agree to defend, indemnify, and hold harmless SenArt and its licensors from and against any and all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees and costs) arising from your breach of these Terms.

 

  1. Electronic Communications

When you visit or use the Site, or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail or by posting notices on the Site. 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 and are deemed to be given and received on the date we transmit any such electronic communication.

 

  1. Links

The Site and our emails may contain links to other third party websites and social media pages (“Linked Sites”).  These Terms apply only to the Site and do not apply to any Linked Sites.  Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any Linked Site.

 

  1. Governing Law/Jurisdiction/Claim Limitation

These Terms shall be governed by, and construed and enforced in accordance with, the laws of the State of New York without regard to conflict of law principles. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

All claims and disputes either arising out of or relating to these Terms and the transactions contemplated hereby are to be settled by final and binding arbitration to be held in Borough of Manhattan in The City of New York, New York. This agreement to arbitrate is broad, and includes disputes of any type between you and SenArt arising out of or relating to these Terms or the transactions contemplated hereby.  Except for matters relating to arbitrability or to the scope and enforceability of the arbitration provision, all issues shall be for the arbitrator to decide.

The arbitration shall be conducted on a confidential basis pursuant to the Consumer Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees.

BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU HEREBY AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR THE RIGHT TO LITIGATE IN COURT. YOU FURTHER AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF TO, AND AFFECTING, YOU ALONE IN AN ARBITRATION PROCEEDING.  YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL, OR ON BEHALF OF THE GENERAL PUBLIC, WHETHER IN ARBITRATION OR OTHERWISE.

 

  1. Violation of these Terms and Remedies

SenArt may, in its sole discretion and without prior notice, block and/or terminate your access to the Site if we determine that you have violated these Terms.  You agree that any violation, or threatened violation, by you of these Terms may cause irreparable harm to SenArt, and therefore you agree that SenArt shall be entitled to injunctive or equitable relief.

 

  1. General Provisions

If, for any reason, a court of competent jurisdiction or arbitration proceeding determines any provision of these Terms or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms shall continue in full force and effect.  SenArt’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by SenArt hereof will be deemed effective unless in writing. SenArt shall not be liable for any delays or failure in performance of any part of the Site, from any cause beyond SenArt’s reasonable control.  Such causes include, but are not limited to, acts of God, changes in law, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, unusually severe weather conditions, pandemics, and acts of hackers or third-party service providers.

These Terms constitute the entire agreement between SenArt and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof.

 

  1. Contact Us

If you have any questions or concerns about the Site please contact us at info@senart.com.

 

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