1. Acceptance of Terms. Osiris Entertainment provides its Service (as defined below) to you subject to this Terms of Service agreement ("TOS"). Osiris Entertainment may update this TOS from time to time and will make commercially reasonable efforts to include notices regarding any such updates or changes. By continuing to use the Service, you signify your binding acceptance of the TOS, as published on the Osiris Entertainment website ("Site") and you represent that you are of legal age to form a binding contract.
2. Description of Service. The "Service" includes (a) the Site, (b) the services provided by the Site and (c) all data, text, images, sounds, and video, content made available through the Site or services. Any new features added to or augmenting the Service are also subject to this TOS. The site allows the end user (Consumer) browse and purchase DVDs from our film library. Some films may also be bought by standard mail service in the USA only.
3. Permission to Use the Service You may access the Service for personal use only, provided that you are in compliance with all provisions of this TOS. By using or accessing this Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service.
4. User Conduct. Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to: - Using the Service to promote, conduct, or contribute to fraudulent, obscene, pornographic and/or illegal activities, including deceptive impersonation or activities involving the exploitation of children. - Using the Service to violate anyone's privacy rights (e.g. distributing unwanted commercial solicitations), to infringe on intellectual property rights (including copyrights and trademark rights), to harass or defame others, or to promote hatred towards any group of people.
- Disrupting, circumventing, or interfering with any part of the Service; forging or modifying any data processed or distributed by the Service; or using an automated process to cause greater demand on the Service than a single person could produce.
- Altering, modifying, deleting, or otherwise interfering with or in any manner compromising any content, programming, advertising, services and/or features contained on or through the Service, including, without limitation, the Service’s advertising and/or content delivery and display functionality.
Additionally, portions of the Service, including specifically, certain content on the Service, have recommendations regarding the suitability of content or programming for certain ages. By using the Service and/or the Site, you acknowledge and agree that you will not purchase content in violation of the specified age recommendations.
5. User ID. Some functions of this Service require registration by selecting a unique user identification ("e-mail/account, and or User ID") and password, and by providing certain personal information. If you select a User Id/and or e-mail that Osiris Entertainment, in its sole discretion, finds offensive or inappropriate, Osiris Entertainment has the right to suspend or terminate your account.
You agree to (a) keep your password confidential and use only your User ID/e-mail and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, and (c) immediately notify Osiris Entertainment of any unauthorized use of your User ID/e-mail and/or password. You are fully responsible for all activities that occur under your account. WebMovie will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.
7. Making Claims of Copyright Infringement. If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify the Osiris Entertainment Copyright Agent.
A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit Osiris Entertainment to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.
The Osiris Entertainment Copyright Agent can be reached by email, fax or post as follows:
Osiris Entertainment 6201 Hollywood Blvd. Suite 2006
Los Angeles, CA 90028
8. DISCLAIMER OF WARRANTIES. *READ THIS CAREFULLY* You understand and agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis and to the fullest extent permitted by law, Osiris Entertainment expressly disclaims all warranties, express or implied, in connection with the Service and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Osiris Entertainment makes no representations or warranties about the accuracy or completeness of the Content made available through the Service or the content of any websites linked to the Site. Osiris Entertainment does not warrant, endorse, guarantee, or assume responsibility for any product, application or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and Osiris Entertainment will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products, applications or services. As with the purchase of a product or service, or installation or download of any application, through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. No advice or information, whether oral or written, obtained by you from Osiris Entertainment or through the Service shall create any warranty not expressly stated in this TOS.
9. LIMITATION ON LIABILITY. *READ THIS CAREFULLY* You understand and agree that Osiris Entertainment shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if Osiris Entertainment has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute services resulting from any services obtained through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; (e) inaccuracies, mistakes, or errors of content; (f) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service; (g) any bugs viruses, Trojan horses, or the like, which may be transmitted to or though the Service by a third party; or (h) any other matter relating to the Service, whether based on warranty, contract, tort, or any other legal theory. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability of Osiris Entertainment shall not exceed the amount of fifty (50) euros.
10. Indemnification. You agree, at your own expense, to indemnify, defend, and hold harmless Osiris Entertainment, its employees, agents, and representatives against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to use of or access to the Service, or violation of this TOS by you or, when due to your cooperation or negligence, by someone else using your User account.
11. Waiver and Severability. The failure of either party to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any of the TOS provisions, including the Disclaimer of Warranty or Limitation of Liability, are held invalid, unenforceable, or void by a court, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
12. Governing Law. This TOS shall be governed by and construed in accordance with the laws of California, (USA), without regard to conflict of law rules thereof. Any action brought by you against Osiris Entertainment arising out of this TOS shall be brought exclusively in the courts located in California, and any action brought by Osiris Entertainment against you arising out of this TOS shall, at the election of Osiris Entertainment, be brought in either the courts located in California, or the applicable courts of the jurisdiction in which you reside. You and Osiris Entertainment hereby consent to, and irrevocably submit yourselves to, the exclusive personal jurisdiction and venue of such courts. You further agree not to bring claims on a representative, class member basis, or as a private attorney general.
13. Express Agreement 13.1. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.