TERMS & CONDITIONS OF USE
These Terms & Conditions of Use (“Terms”) along with our Privacy Policy, set forth a legally binding agreement between you and Global Entertainment Arts, LLC (“GEA LLC”, “La Filmadora”, “we”, “our”, or “us”), and govern your use of any online service location that posts a link to these Terms, including our website www.lafilmadora.com (“the Site”), and all features, content, and other services that we own, control and make available to you that mention or identify these Terms (collectively, the “Service”). These Terms, which also incorporate by reference the terms of our Privacy Policy, govern your access to and use of the Service. By agreeing to use the Service, you are agreeing to be bound by these Terms and all applicable laws and regulations, and you consent to our collection, use, and disclosure of your information as described in our Privacy Policy. If you do not agree with any of these Terms, you are prohibited from using or accessing the Service.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will 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.
COPYRIGHT
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of La Filmadora or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of La Filmadora and protected by U.S. and international copyright laws. All software used on the Site is the property of La Filmadora or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
LA FILMADORA, LAFILMADORA.COM, LA FILMADORA STUDIOS, LA FILMADORA DISTRO and other Site graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of La Filmadora in the U.S. and/or other countries. La Filmadora ‘s trademarks and trade dress may not be used in connection with any product or service that is not La Filmadora ‘s, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits La Filmadora. All other trademarks not owned by La Filmadora that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by La Filmadora.
LICENSE AND SITE ACCESS
La Filmadora grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of La Filmadora. Except with express written consent of La Filmadora, this license does not include any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other party; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of La Filmadora. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of La Filmadora without express written consent. You may not use any meta tags or any other “hidden text” utilizing La Filmadora ‘s name or trademarks without the express written consent of La Filmadora. Any unauthorized use terminates the permission or license granted by La Filmadora. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as the link does not portray La Filmadora, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any La Filmadora logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT AND ELIGIBILITY TO USE THE SITE
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password at any time. The Site is not available for use by children. You must be 18 to use the Site. La Filmadora reserves the right to refuse service, terminate accounts, and remove or edit content.
COPYRIGHT COMPLAINTS
La Filmadora respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send an email to copyright@lafilmadora.com
OTHER PARTIES
Parties other than Amazon may make rights and services available on the Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these parties or the content of their Web sites. La Filmadora does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY LA FILMADORA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LA FILMADORA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) 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, LA FILMADORA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LA FILMADORA DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM LA FILMADORA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LA FILMADORA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) 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.
AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
A. We Both Agree to Arbitrate.
You and La Filmadora agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate La Filmadora´s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances La Filmadora may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
B. What is Arbitration.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
C. Arbitration Procedures.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in this Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or La Filmadora must do the following things:
Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at www.jamsadr.com.
Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, 620 8th Ave 34th floor, New York, NY 10018. Send one copy of the demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration and attorneys’ fees. Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
D. Authority of Arbitrator.
The arbitrator will decide the rights and liabilities, if any, of you and La Filmadora, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and La Filmadora.
E. No Class Actions.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
F. Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and v in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND LA FILMADORA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
G. Choice of Law/Forum Selection.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a federal or state court of competent jurisdiction located in New York, NY.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other agreements, rules and notices posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, policies, and these Terms & Conditions of Use at any time. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
La Filmadora
353 West 48th St
4th Floor, Unit 323
NYC, NY 10036