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General Cinestar Pictures LLC (“Cinestar”) has established these policies, terms, provisions and conditions (including, without limitation, our privacy policy) (collectively, “terms”) to govern your use of this site and all affiliated sites (collectively, this “site”). The use of this site is governed by terms, provisions and conditions set forth herein and by entering this site you agree to be bound by all such terms, provisions and conditions. Please read them carefully. You are responsible for reviewing and becoming familiar with these terms. We reserve the right to modify these terms, provisions and conditions from time to time and you are responsible for reviewing and becoming familiar with all such changes and by your use of this site consent to all such changes. By entering this site, you acknowledge that (i) you have read and understand these terms and that you agree to be bound by these terms, provisions and conditions as same may be amended from time to time and (ii) the disclaimer, limitation of liability and indemnification provisions set forth in these terms, provisions and conditions are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use this site, without which agreement Cinestar would not enter into this agreement or permit you to use this site. If you do not agree to be bound by the terms, provisions and conditions herein, you are directed to terminate to discontinue your use of this site immediately. You may not modify, copy, reproduce, republish, upload, post, transmit, disseminate, reverse engineer, reverse assemble, sell or distribute in any way any material from this site, including, without limitation, code and software. Printing of any materials from this site is strictly limited to personal, non-commercial, use. You shall have no rights in and/or to the proprietary software and related documentation or any enhancements or modifications thereto that permit you to access this site. These terms are for the sole benefit of Cinestar and its affiliates and their respective members, managers, shareholders, directors, officers, employees and agents. No third party (including any user of this site) shall have the right to assert a claim under these terms, provisions and conditions. We reserve the right to suspend or terminate your access to this site at anytime for any reason. You agree to be bound by and accept this agreement (and the terms, provisions and conditions set forth herein) as applicable to your use of this site. These terms, provisions and conditions are subject to change without prior written notice at any time, in our sole and absolute discretion. BY ACCESSING AND USING THIS SITE, YOU AGREE TO BE SUBJECT TO THESE TERMS, PROVISIONS AND CONDITIONS. Order Acceptance Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. We reserve the right, at any time after receipt of your order but prior to shipment, to accept or decline your order for any or no reason. We reserve the right, at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may need to verify any information you provide to us before we accept or process any order. Item availability and prices for all products sold on this site are subject to change without notice. Prices for products sold on this site may be different from the prices sold through our retail location(s). (Price changes will not be retroactively applied to any outstanding or completed orders). Payment Methods Payment for the products purchased on this site may be made by credit card. Currently, we accept the following major credit cards: Visa®, MasterCard®, Discover ® and American Express®. In addition, you may pay by use of certain PayPal ® accounts. We may from time to time modify our list of accepted credit cards. You will be required to provide us with the exact billing address and telephone number that your credit card issuer has on file for you. You may further be required to provide us with the security code on your credit card. Incorrect information may cause a delay in processing your order. Correction of Errors and Inaccuracies The information on this site may contain typographical errors or inaccuracies and may not be complete or current. Cinestar reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. In the event that a product is listed by Cinestar at an inaccurate price due to typographical error or error in pricing information or for any other reason, Cinestar shall have the right to (i) refuse or cancel any orders placed for the product listed at the incorrect price and/or (ii) refuse or cancel any such orders whether or not an order has been confirmed, in which event, Cinestar shall offer a refund to you of previous amounts paid in respect of your purchase. The display of products in this site shall not constitute an offer to sell. Pictures are provided for illustration purposes only. Please note that such errors, inaccuracies or omissions may relate to descriptions, pictures, pricing and availability. We have used our reasonable efforts to display as accurately as possible the colors of the materials shown on this site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We apologize for any inconvenience this may cause you. Shipping Charges; Taxes You are responsible for charges for shipping and handling. Such charges are in addition to product cost. In certain instances, Cinestar is required by law to charge applicable taxes. You remain responsible for the prompt and proper payment of all taxes applicable to the products shipped to you or your designee. Title; Risk of Loss Title to products shipped passes from Cinestar to you on the date of our delivery to the carrier responsible for shipment to you. Governing Law; Severability THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS. YOU AGREE THAT VENUE IN ANY ACTION OR PROCEEDING COMMENCED PURSUANT TO THIS AGREEMENT SHALL LIE IN THE STATE OF NEW YORK, IN THE COUNTY OF NEW YORK, KINGS OR QUEENS AND YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS. If any provision or portion thereof set forth in these terms, provisions and conditions is found to be unlawful, void or, for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision. To the extent permitted by applicable law, you agree, that, by using this site, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of, in connection with, or relating to, your use of this site and/or these terms, provisions and conditions must be filed within one (1) year after the claim or cause of action accrued or such claim or cause of action shall forever be barred. Indemnity You shall indemnify, defend and hold harmless Cinestar and its affiliates and their respective shareholders, directors, members, managers, officers, employees and agents from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), arising out of, resulting from, or in connection with, your use of this site and/or any third party sites and/or your use of the products obtained from Cinestar. Ownership & Trademarks The names “Cinestar”, “zoesaldana.com” and “Arasmaci” are owned by Cinestar. The marks, trademarks and servicemarks of said owner may not be used in connection with any third-party products or services or otherwise. All other brands and names (including third-party product names) are the property of their respective owners and may be subject to copyright and/or trademark protection. All of the content included on this site, including all the text, graphics, photographs, graphs, sounds, data, images, audio and video clips available on this web site ("Content"), is the property of Cinestar or its content suppliers and protected by U.S. and international copyright laws. All software used to operate this site is the property of Cinestar and its partner software suppliers, and is protected by U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of all Content available on this site is the exclusive property of Cinestar and protected by U.S. and international copyright laws. ©Copyright 2006 Cinestar Pictures LLC. ALL RIGHTS RESERVED. The Content of this site, and the site as a whole, are intended solely for personal, noncommercial use by the users of this site. All the Content available on this site may only be used by you for your personal and data-gathering resources. You may make copies of selected portions of the Content, provided that such copies are made only for your personal use and only if you maintain any proprietary notices contained in such Content. Any other use, including but not limited to, the reproduction, modification, distribution, transmission, republication, display or performance of the Content for any other purposes is strictly prohibited. This site shall not be used in contravention with the rules and regulations of the United States of America and the State of New York. Copyrighted Material – Alleged Infringement In accordance with Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act, Cinestar has implemented procedures for the removal of material that is copyright protected and infringed upon. If you believe that a copyright has been infringed upon, please provide Cinestar with written, signed notification by certified mail to “Copyright Officer” at the address set forth for contacting this site below. Your notification must include: (i) identification of the copyrighted material claimed to have been infringed upon; (ii) information as to the location of the alleged infringed upon material sufficient to enable Cinestar to locate such material; (iii) information sufficient to enable Cinestar to contact the owner of such copyrighted material; (iv) a statement that the use of the material is not authorized or permitted by the owner of such material; and (v) a statement that the information contained in the notification is certified as true under the penalties of perjury. Notification that fails to comply with the foregoing will not constitute knowledge or awareness of infringement. Special Relationships/Third Party Links Links provided on this site to third party sites are provided solely as a convenience to you and the provision of a link to a third party site does not constitute an endorsement by Cinestar of such third party site or its provider or any of the content, products or services contained or offered in such third party site. Cinestar makes no representation or warranty, express, implied or otherwise, concerning the accuracy, availability or lawfulness of any third party site. The links to each third party site are provided for reference and as citations and are not intended to state or imply that Cinestar is affiliated or associated with, or legally authorized to use, any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol or material contained in the link. Please note that when you click on a link to a third party site, you are 'clicking' to another web site. We encourage you to read the privacy statement and policies of those linked sites as their terms and policies may differ from ours. We are not responsible for the terms, policies or practices or the content of any third party site. No Relationship Except as specifically set forth in these terms, conditions and provisions, your use of this site and the content hereof and/or any third party site and the content thereof, and the provision of any information while using this site or any third party site (including, without limitation, e-mail services, if any) shall not create and/or constitute any business or other relationship between you and Cinestar. These Terms, provisions and conditions May Change/Violations Cinestar reserves the right to update or modify these terms, provisions and conditions at any time without prior notice. Your use of this site following any such change constitutes your agreement to follow and be bound by these terms, provisions and conditions as modified. For this reason, we encourage you to review these terms, provisions and conditions whenever you use this site. This site is operated by Cinestar Pictures LLC, 8721 Santa Monica Boulevard, Ste. 1700, Los Angeles, CA 90069. Cinestar reserves the right to block your access to this site if Cinestar determines that you have failed to comply with these terms, provisions and conditions. This is in addition to all other remedies Cinestar may have at law, in equity or otherwise. Disclaimer This site and its contents, and the links to the third party sites and their contents, are provided on a strictly “as-is” and “as-available” basis and without warranties or representations of any kind, express or implied. To the maximum extent permitted by law, Cinestar specifically disclaims all representations and warranties, express, implied or otherwise, including, without limitation, implied warranties of merchantability or fitness for a particular purpose and non-infringement, and implied warranties from course of dealing or performance and any warranties as to results that may be obtained through use of this site or the third party sites. No information or advice obtained from Cinestar, whether written or oral, shall create any warranty from Cinestar. Cinestar does not warrant that the functions contained in the materials furnished on this site or any third party site will be uninterrupted, available or error-free, that defects or errors will be corrected or that this site will be available, free from viruses or other harmful components. Under all circumstances, including, without limitation, negligence and strict product liability, your use of this site and the third party sites is solely at your own risk. Cinestar shall not be responsible for any direct, indirect, consequential, special, punitive or other damages (whether liability is asserted in contract, tort or otherwise), costs or expenses, including, without limitation, lost profits, data, loss of good-will, loss of or damage to property or claims of third parties, arising out of, in connection with, or relating to your use of this site or any third party site and/or the products sold to you by Cinestar or any third party whether on behalf of Cinestar or otherwise. In all events, the maximum liability of Cinestar to you, if any, shall be the amount you paid to Cinestar for the product(s) purchased via this site. Cinestar shall not be responsible for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including, without limitation, intellectual property or similar rights. Should you be dissatisfied with this site or the content hereof or a third party site and the content thereof, your sole and exclusive remedy is to discontinue use of this site or such third party site. To the extent permitted by applicable law, the foregoing remedy shall apply even if Cinestar knew or should have known of the possibility of damages to you by use of this site or a third party site. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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