The following are terms of a legal agreement between you and Crest Pictures.
By accessing, browsing and/or using this Web site ("Site"), you
acknowledge that you have read, understood, and agree to be bound by these
terms and to comply with all applicable laws and regulations. If you do
not agree to these terms, do not use this site.
1. OUR GOALS
The goal of this Web site is to provide you with access to information
about our film company, films, services, products, and related links to
meet your needs (the "Content"). The terms are meant to protect
all of our visitors to this Web site, and your access to and use of this
Web site signifies your agreement with these terms. DO NOT USE THIS WEB
SITE IF YOU DO NOT AGREE WITH THESE TERMS. We reserve the right, in our
sole discretion, to modify, alter or otherwise update these terms at any
time. Such modifications, alterations, and updates shall be effective immediately
upon posting. You agree to be bound by such modified, altered, and updated
terms if you access or use this Web site after we have posted notice of
such modifications, alterations or updates.
Consistent with our goals, this Web site will permit you to link to many
other Web sites that may or may not be affiliated with this Web site and/or
with us. The other linked Web sites have different terms of use that are
not the same as these terms. Your access to and use of such linked Web
sites through links provided on this Web site is governed by the terms
of use and policies of those sites, not this Web site. We believe it is
always a good idea to read the terms of Use of any Web site you visit.
2. PRIVACY
Registration data and certain other information about you is subject to
our Privacy Policy. For more information, please review our Privacy Policy.
3. USE OF THIS WEB SITE
We control and operate this Web site. All Content on this Web site, including,
but not limited to, text, images, illustrations, audio clips, and video
clips, is protected by copyrights, trademarks, service marks, and/or other
intellectual property rights (which are governed by United States and worldwide
copyright laws and treaty provisions, privacy and publicity laws, and communication
regulations and statutes). The content is owned and controlled by us or
our affiliates, or by third party content providers, merchants, sponsors
and licensors (collectively the "Providers") that have licensed
their content or the right to market their products and/or services to
us. Content on this Web site or any Web site owned, operated, licensed
or controlled by the providers is solely for your personal, non-commercial
use. You agree to abide by all additional copyright notices, information,
or restrictions contained in any content. You may download a single copy
of any content contained on this Web site, solely for your personal, non-commercial
use, consistent with these terms, provided that you maintain all copyright
and other notices contained in such content.
You may not copy, reproduce, republish, upload, post, transmit, distribute,
and/or exploit the content in any way (including by email or other electronic
means) for commercial use without the prior written consent of us or the
providers. You may request consent by emailing a request to us at crestpictures@frontier.com.
Your modification of the content, use of the content on any other Web site
or networked computer environment, or use of the content for any purpose
other than personal, non-commercial use, without the prior written consent
of us or the providers, violates the intellectual property rights and proprietary
rights of the content owners and is prohibited.
You may not use on your Web site any registered or unregistered trademarks,
service marks or copyrighted materials appearing on this Web site, including
but not limited to any logos or characters, without the express written
consent of the owner of the mark or copyright. You may not frame, deep
link, or otherwise incorporate into another Web site any of the content
or other materials on this Web site without our express prior written consent.
Violation of trademark and copyright laws may result in significant civil
liability or criminal penalties under United States and/or worldwide copyright
and trademark laws. You recognize that any reproduction or use of content,
except as authorized by these terms, is considered intentional infringement.
4. USER'S RESPONSIBILITIES
You warrant and represent to us that you will not use this Web site for
any purpose that is unlawful or prohibited by these terms, including without
limitation the posting or transmitting any threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or profane material. If
you violate any of these terms, your permission to use this Web site immediately
terminates without the necessity of any notice. We retain the right to
deny access to anyone at our discretion for any reason, including for violation
of these terms.
You are solely responsible for your information, and we act as a passive
conduit for your online distribution and publication of your information.
As used in these terms, "Information" means any information or
data that you submit to this Web site and any information or data that
is generated by this Web site as a result of your use of this Web site.
In the event that you are provided with user identification numbers or
codes (collectively, "ID's"), confirmation numbers, and/or passwords
(as applicable) in the use of this Web site, you shall maintain such user
ID's, confirmation numbers, and/or passwords in confidence and you agree
not to distribute or disclose the same to third parties. It is your responsibility
to notify us if we need to change or discontinue any of your ID's, confirmation
numbers, or passwords. It is also your responsibility to immediately request
discontinuation of an ID, confirmation number, or password upon your knowledge
or belief that such ID, confirmation number, and/or password is, or may
be subject to, a breach of confidentiality. we may suspend or terminate
your service or access to this Web site if we believe a breach of these
terms has occurred.
You agree to provide true, accurate, current and complete information.
If you provide any information that is untrue, inaccurate, not current
or incomplete (or we have reasonable grounds to suspect that such Information
is untrue, inaccurate, not current or incomplete), we have the right to
suspend or terminate your access and activity, and refuse any and all current
or future use, of this Web site.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web site, and you
agree not to use or permit others to use this Web site, for any of the
following: (a) take any action that imposes an unreasonable or disproportionately
large load on the Web site's infrastructure, including but not limited
to "spam" or other such unsolicited mass emailing techniques;
(b) disclose to, or share with, the assigned confirmation numbers and/or
passwords with any unauthorized third parties or using the assigned confirmation
numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher,
decompile, disassemble or reverse engineer any of the software or HTML
code comprising or in any way making up a part of this Web site; (d) upload,
post, emailing or otherwise transmitting any Information, Content, or proprietary
rights that you do not have a right to transmit under any law or under
contractual or fiduciary relationships; (e) violating any applicable local,
state, national or international law, including, but not limited to, any
regulations having the force of law; and, (f) using any robot, spider,
intelligent agent, other automatic device, or manual process to search,
monitor or copy our Web pages, or the content without our prior written
permission, provided that generally available third party Web browser such
as Netscape Navigator® and Microsoft Internet Explorer® may be
used without such permission.
6. INFORMATION POSTED TO WEB SITE
With respect to all Information you elect to post to publicly accessible
areas of the Web site, you agree that we have the right to use, reproduce,
modify, publish, perform and display such Information (in whole or part)
worldwide; provided that such use is subject to the terms of our Privacy
Policy.
You acknowledge and agree that we may preserve information and may also
disclose information if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the terms; (c) respond to claims that any
information violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of our business, employees, providers, affiliates,
users, and/or the public.
7. LINKS TO THIRD PARTY SITES
This Web site may contain links to third-party Web sites not under our
control or operation (the "Linked Sites"). The links will let
you leave this Web site, and you access them at your own risk. You acknowledge
that we provide the linked sites for your convenience and information only.
We do not endorse nor are we responsible for any content, information,
or other related materials found at any such linked sites or any links
contained within such linked sites, whether or not we are affiliated with
the owners of such linked sites. You may not establish a hyperlink to this
Web site or provide any links that state or imply any sponsorship or endorsement
of your Web site by us or the providers.
8. NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES
WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW
AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR
ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS
WEB SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED
SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY
OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE
OF THIS WEB SITE.
YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET
CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING
PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR
AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND
DISTRIBUTION OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER
CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY
OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE
OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE, INCLUDING BUT
NOT LIMITED TO: WILDERNESS BACKCOUNTRY TRAVEL, HIKING, BACKPACKING, SNOWSHOEING,
MOUNTAINEERING, VIDEOGRPHY AND PHOTOGRAPHY.
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT
OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE
TO LIABILITY, OR (B) $500. Some states do not allow for the limitation
of liability, so the foregoing limitation may not apply to you. BY WAY
OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE
OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER
VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL
RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS
OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER, YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
The limitation of liability reflects the allocation of risk between the
parties. The limitations specified in this Section 9 will survive and apply
even if any limited remedy specified in these terms is found to have failed
of its essential purpose. The limitations of liability provided in these
terms inure to the benefit of us and the providers, and to all respective
officers, directors, employees, representatives, attorneys, and agents.
10. GOVERNING LAW AND JURISDICTION
We operate this Web site (excluding linked sites) from our offices within
the State of Washington. It can be accessed from all 50 states, as well
as from other countries around the world. As each of these places has laws
that may differ from those of Washington, by accessing this Web site, you
agree that these terms and your use of the Web site shall be governed in
all respect by the internal substantive laws of the State of Washington,
without regard to conflict of laws provisions and shall not be governed
by the United Nations Convention on the International Sale of Goods. You
further submit to exclusive jurisdiction and venue in the state and federal
courts located in the State of Washington for all disputes, cases and controversies
regarding this Web site, your use of this Web site, and your relationship
with us. We make no representation that materials on this Web site are
appropriate or available for use in other locations, and accessing them
from territories where the content is illegal is prohibited. Those who
choose to access this Web site from other locations do so at their own
risk and are responsible for compliance with local laws, including laws
regarding the transmission of technical data exported from the United States
or the country in which you reside.
11. INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when we become aware
of it, to any applicable government agencies. You agree to indemnify, defend
and hold us and the providers, our and their officers, directors, employees,
affiliates, agents, licensors, and suppliers harmless from and against
any and all claims, demands, actions, costs, liabilities, losses and damages
of any kind (including attorneys' fees) resulting from your use of this
Web site, your breach of any provision of these terms and/or any negligent
acts, omissions or intentional wrongdoing by you. Any such indemnification
shall be conditioned on our: (a) notifying you in writing of any such claim,
demand, action, cost, liability, loss or threat of any thereof; (b) cooperating
with you in the defense or settlement thereof; and (c) allowing you to
control such defense or settlement. we shall be entitled to participate
in such defense at our own cost and expense.
12. LINKING TO THIS SITE
You may create links to this site from other sites, but only in accordance
with the terms of the guidelines for linking to Crest Pictures Web site
and in compliance with all applicable laws.
Guidelines for linking to Crest Pictures Web site
A site that links to Crest Pictures Web site:
- May link to, but not replicate Crest Pictures' content
- Should not create a browser or border environment around Crest Pictures'
content
- Should not imply that Crest Pictures is endorsing it or its products
- Should not misrepresent its relationship with Crest Pictures
- Should not present false information about Crest Pictures' products or
services
- Should not use the Crest Pictures' logo without permission from Crest
Pictures
- Should not contain content that could be construed as distasteful, offensive
or controversial, and should contain only content that is appropriate for
all age groups.
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