Disputes arising under these Terms will be resolved by binding arbitration, and BY ACCEPTING THESE TERMS, YOU AND CINEMACAMERAS.COM LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (as set forth in Section 19).
CINEMACAMERAS.COM LLC reserves the right to modify or add to these Terms at any time (“Updated Terms”). You agree that we may notify you of the Updated Terms by making them available via the Platform, and that your use of the Platform after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Platform. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Platform from that point forward. Notwithstanding the foregoing, if the Updated Terms contain material modifications to these Terms, then we will endeavor to provide you with prior notice of such modifications and you may be required to accept the Updated Terms in order to continue using the Platform.
You must be at least 18 years old to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. OWNERSHIP OF MATERIALS; FEEDBACK
Unless otherwise explicitly specified, all elements of the Platform, including, without limitation: graphics; layout; text; descriptions, images; audio-videos; designs; logos; domain names; trade names; and trade identities; any and all copyrightable material; the "look and feel" of the Platform; the compilation, assembly and arrangement of the materials of the Platform; and all other materials related to the Platform (collectively, the "Materials") are owned, controlled or licensed by CINEMACAMERAS.COM LLC, its parent company, affiliates and/or suppliers or licensors and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of CINEMACAMERAS.COM LLC, unless and except as is expressly provided in these Terms. Except as expressly authorized by CINEMACAMERAS.COM LLC, you may not make use of the Materials. CINEMACAMERAS.COM LLC reserves all rights to the Materials not granted expressly in these Terms.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Platform (“Feedback”), then you hereby grant CINEMACAMERAS.COM LLC an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and create other products and services.
4. RESTRICTIONS ON USE OF PLATFORM
By using the Platform, you agree not to: (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international law; (b) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; or (c) interfere with the operation of the Platform or any user’s enjoyment of the Platform, including by: (i) making any unsolicited offer or advertisement to another user of the Platform; (ii) collecting personal information about another user or third party without consent; or (iii) interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform.
5. YOUR LICENSE
Subject to your strict compliance with these Terms, excluding any product you purchase from, sell to, or exchange through CINEMACAMERAS.COM LLC (“Items”), CINEMACAMERAS.COM LLC grants you a limited, personal, non-exclusive, revocable, non-transferable license to access and use the Platform on any computer or other device that you own or control for your personal, non-commercial use only.
By using the Platform, you agree not to: (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international law; (b) harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Platform; (c) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; interfere with security-related features of the Platform, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform except to the extent that the activity is expressly permitted by applicable law; (d) interfere with the operation of the Platform or any user’s enjoyment of the Platform, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Platform; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform; € perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Platform account without permission; (f) sell or otherwise transfer the access granted under these Terms or any Materials (as defined herein) or any right or ability to view, access, or use any Materials; or (g) attempt to do any of the acts described in this Section 5 or assist or permit any person in engaging in any of the acts described in this Section 5.
6. USER COMMENTS AND POSTINGS
We may provide user comment areas, message boards or other interactive areas on the Platform (“Community Forum/BLOG”) to give users of the Platform a forum to express their opinions and share their ideas, information, materials, and other user-generated content (each, “User Content”). User Content also includes any descriptions and photos of Items.
Rights You Grant to Us. Subject to applicable laws, whenever you send, post, upload, or otherwise make available User Content on the Community Forum/BLOG or elsewhere on the Platform or directly to us (including by e-mail or text message) you: (i) grant to CINEMACAMERAS.COM LLC an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast and perform that User Content and your name, voice, likeness and other identifying information in connection with that User Content via any media now known or later developed, without any compensation to you, and (ii) waive all of your moral rights, if any, in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. Subject to applicable laws, you further authorize CINEMACAMERAS.COM LLC to publish your User Content in a searchable format that may be accessed by users of the Platform and the Internet.
No Responsibility. We are not responsible for, and we do not endorse, the User Content posted in the Community Forum/Blog or elsewhere on the Platform.
No Obligation to Prescreen/Monitor. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any User Content. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Content. If your User Content contains offensive, indecent, or otherwise objectionable content, or infringes on the rights of any third parties, you may bear legal responsibility for that User Content. You agree that CINEMACAMERAS.COM LLC has no obligation to monitor or enforce your intellectual property rights to your User Content, but has the right to protect and enforce its and its licensees' licensed rights to your User Content.
No Obligation to Use. You agree and understand that we are not obligated to post, keep or use your User Content.
User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. CINEMACAMERAS.COM LLC may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Platform you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against CINEMACAMERAS.COM LLC with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, CINEMACAMERAS.COM LLC does not permit copyright-infringing activities on the Platform. We expressly disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize CINEMACAMERAS.COM LLC and users of the Platform to use your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by CINEMACAMERAS.COM LLC, the Platform, and these Terms; and (b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause CINEMACAMERAS.COM LLC to violate any law or regulation.
7. ACCEPTABLE USE POLICY
The following rules are here to help you understand the conduct that is expected of you when you participate on the Community Forum/BLOG or other interactive areas of the Platform. You agree that your participation in the Community Forum/BLOG or other interactive area of the Platform is subject to all the Terms, including the following:
- All User Content must be in the public domain or original with you, not copied from someone else's work, and you must have all rights in the User Content; or, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Platform and elsewhere.
- If you choose to upload photos to the Platform, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.
- User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference, physical disability or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
- User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is personal in nature.
- User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Platform or any computer system.
8. THIRD PARTY LINKS, APPLICATIONS AND CONTENT
There may be links from the Platform to third party sites or properties or our Platform may include third party content that we do not control, maintain or endorse. We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or properties, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE PLATFORM INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF ITEMS, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
The Platform may, from time to time, offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to access and use the Platform, purchase products, sell products, and receive messages from the Platform (including, without limitation, push messages), (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. If you have registered for Mobile Features that utilize your mobile number, you agree to notify CINEMACAMERAS.COM LLC of any changes to your mobile number and update your account(s) on the Platform to reflect this change.
You must provide true and accurate information on all account registrations and maintain and update all registration data to be complete, true and accurate. In the event that CINEMACAMERAS.COM LLC has any reason to suspect that such information is untrue or inaccurate, it reserves the right to suspend or terminate your account in its sole discretion. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at email@example.com.
11. TRADING IN, BUYING, AND SELLING ITEMS.
If you are using the Platform to sell, purchase or exchange Items, then the following terms apply to you. A “Trade-in” or simply “Trade” is when a user exchanges an Item for another Item listed on the Platform. When you buy or sell an Item from or to CINEMACAMERAS.COM LLC, you are engaging in a “Transaction.”
Ordering. After submitting a Transaction via the Platform, you will receive an order acknowledgement via email. The order acknowledgment is not acceptance of your order. Orders are considered accepted once CINEMACAMERAS.COM LLC verifies the order details, including the payment method. Acceptance of any order is subject to cancellation in the event it cannot be fulfilled or if CINEMACAMERAS.COM LLC has any concerns as to any registration information provided by you. Any orders placed are subject to and incorporate this Agreement.
- Pricing. All prices listed on the Platform are exclusive of local taxes, import duties and clearances. We reserve the right to cancel any order that has not yet been shipped in the event that an incorrect price for an Item has been listed on the Platform.
iii. Payment. You authorize CINEMACAMERAS.COM LLC to charge all sums as described in these Terms or published on the website for the orders that you make, to the payment method specified in your account. If you pay any fees with a credit card, CINEMACAMERAS.COM LLC may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
- If you select an Item for redemption through a Trade-in, CINEMACAMERAS.COM LLC will not reserve the Item for you until you have agreed (online, in person, or during a phone call) to the quote provided to you by CINEMACAMERAS.COM LLC for the Item(s) you wish to trade in and shipping has been arranged by CINEMACAMERAS.COM LLC for the Item(s) you are trading in to CINEMACAMERAS.COM LLC. The Trade-in will only be deemed final and binding upon receipt of full details requested, which include your address, and upon your receipt of a confirmation email from CINEMACAMERAS.COM LLC acknowledging our acceptance of the Trade-in and arrangement of shipping to CINEMACAMERAS.COM LLC’ office or facility.
Courier Collection. If a choice is given by CINEMACAMERAS.COM LLC for a courier collection to be arranged from your address and you confirm you prefer a courier collection rather than handing in your package at a local depot or store location of a courier company specified by CINEMACAMERAS.COM LLC, the courier collection service will be free of charge. If a courier is arranged to collect your Items, CINEMACAMERAS.COM LLC is not liable for late or missed collections. If the courier is unable to collect due to an error by the courier or CINEMACAMERAS.COM LLC, CINEMACAMERAS.COM LLC may arrange an alternative date for collection at CINEMACAMERAS.COM LLC’ expense. If a courier is unable to collect due to no response at the agreed collection address, incorrect address details or any other reason, CINEMACAMERAS.COM LLC may charge you for rescheduling any such collection.
iii. Shipping to CINEMACAMERAS.COM LLC. CINEMACAMERAS.COM LLC does not accept responsibility for packaging costs. If you do not use the shipping method provided by CINEMACAMERAS.COM LLC, CINEMACAMERAS.COM LLC does not accept any liability for shipping costs.
iv. Returns. In the case of a Trade-in, you may return the purchased Item(s) in the exact same condition as at the original point of sale and including all received accessories within two (2) days of receipt (“Return Period”) for a refund to include the cash value placed on the Item(s) or item(s) sold in Trade-in. CINEMACAMERAS.COM LLC will under no circumstances return the original Item(s) sold to CINEMACAMERAS.COM LLC once the transaction is completed.
Delivery. Items that you purchase will be shipped to the address you provide. CINEMACAMERAS.COM LLC does not accept responsibility or liability for any address updates or changes provided after payment is made for the purchase. Requiring signature upon delivery is at the sole discretion of CINEMACAMERAS.COM LLC. CINEMACAMERAS.COM LLC will have no liability for any late delivery however arising. CINEMACAMERAS.COM LLC shall not be liable for loss or damage to any part of any parcel (whether comprising one or more packages in the parcel), or for the loss or non-delivery of the whole of any parcel, or for damage, delay or detention or any part thereof however caused.
Cancellations. CINEMACAMERAS.COM LLC retains the right to refuse or cancel a Transaction or Trade-in at any time for any reason, in its sole discretion and without liability. If you have already paid for an Item when CINEMACAMERAS.COM LLC cancels a Trade-in or Transaction, then MPB will refund you your money.
Selling an Item. Once CINEMACAMERAS.COM LLC has received and checked your Item(s) and your payment has cleared, all right, title and interest in the Item(s) passes immediately to CINEMACAMERAS.COM LLC. MPB will provide you with a quotation for Items, based on expected condition and subject to completing our quality checks. Quotations are valid for a period of seven (7) days from the date quoted. Upon receipt and checking of the Item(s) shipped to CINEMACAMERAS.COM LLC, CINEMACAMERAS.COM LLC may revise any quotation or cancel the Transaction, up until the point that payment is made, for any reason in an CINEMACAMERAS.COM LLC’ sole discretion. CINEMACAMERAS.COM LLC will issue payment promptly after assigning a condition to the Item. Where revisions to any quotation are necessary, you will be notified and can request return of the items up until the time when CINEMACAMERAS.COM LLC issues payment. You are responsible for providing us with correct payment details (Routing number and Account number for your bank account) using the link provided to you via email. If you fail to provide correct payment details to us within 6 weeks of your item(s) being checked, MPB reserves the right to take ownership of your item(s) without further notification or payment.
In the case of adjusted quotes, you are responsible for replying to the adjustment email within 6 weeks of the send date. The response can be either through clicking the ‘accept’ button or replying in writing to confirm that you do not wish to proceed and confirming your return address for the items. We reserve the right to take ownership of your item if you do not respond to accept or decline your adjusted quote in the manner outlined here.
f. Cancelled Transactions and Trade-ins. Prior to completion of a Transaction or Trade-in, CINEMACAMERAS.COM LLC may cancel such Transaction or Trade-in or adjust the valuation any item(s) or Item(s) for any reason, in its sole discretion, inclusive of, but not limited to:
- If items differ in age, use age or exact model from that quoted;
- If items are faulty or show signs of imminent failure;
iii. If items are not as described;
- If items do not include necessities such as batteries or chargers where the seller indicated they would;
- If items show signs of excessive wear not previously identified;
- If items show signs of having impact, shock or other damage;
vii. If items show signs of internal fungal growth or damp conditions; or
viii. If CINEMACAMERAS.COM LLC believes the items to be counterfeit or stolen goods.
g. Selling Items. Each item that you sell to us should match the make and model and condition that you describe when the Item is submitted for a quote. When we assess your Items we will use the Condition Specifications given below, which correspond to the rating suggested in our initial quotations.
- The condition you described Items to be in when requesting a quotation directly affects the price we offer for it. If CINEMACAMERAS.COM LLC determines the condition to be different from that which you described we may offer you a revised valuation. CINEMACAMERAS.COM LLC reserves the right, in its sole discretion, to determine that the Item does not meet CINEMACAMERAS.COM LLC’ standards for sale on the Platform, in which case CINEMACAMERAS.COM LLC will return the Item to you.
- CONDITION SPECIFICATIONS:
- Condition 10: "Like New" means the Item looks brand new (i.e., no cosmetic wear and tear), all casings, sensor, glass, buttons and screen(s) are pristine condition with no scuffs, marks or scratches. The Item is in excellent working order with no marks or damage to glass or sensor.
- Condition 9: "Excellent" means the Item looks close to new (i.e., only the lightest signs of cosmetic wear), all casings, sensor, glass, buttons and screen(s) are excellent condition with no significant scuffs, marks or scratches. The Item is in excellent working order with no marks or damage to glass or sensor.
- Condition 8: "Good" means the Item has good overall condition, may have some signs of cosmetic wear (i.e., light scuffing to some areas / slight shiny surfaces). Any casings, sensor, glass, buttons and screen(s) are good condition and there are no significant chips / scratches or damage. The Item is in excellent working order with no marks / damage to glass or sensor.
- Condition 7: "Well Used" means the Item may have significant signs of cosmetic wear (i.e., scuffing to some areas / shiny surfaces / marks). All casings, sensor, glass, buttons and screen(s) are full working condition. There are no marks or damage to the glass or sensor unless specifically stated.
- Condition 6: "Heavily Used" means the Item may have significant signs of cosmetic wear (i.e., scuffing / shiny surfaces / marks / scratches / chipping to paint / peeling surfaces). The Item is in full working order with no marks or damage to glass or sensor unless specifically stated.
iii. If your Item(s) fail our checking process or requires an adjustment to the quotation, we will contact you via email and inform you of the new valuation we have determined for the Item(s) you have sent us. In this email you will be provided with the option of accepting the revised valuation or declining it. Should you choose to decline the new valuation, the Item(s) will be returned to you at CINEMACAMERAS.COM LLC’ expense to the address on file, unless an alternate address is provided to CINEMACAMERAS.COM LLC and acknowledged by CINEMACAMERAS.COM LLC before shipping is arranged. Returning Items will not have a signature requirement upon delivery unless otherwise agreed between you and CINEMACAMERAS.COM LLC before the shipping is arranged.
- If you accept the revised valuation, the revised price for the Item(s) will be updated and binding on you. When processing your payment, this revised valuation will be the price paid for that specific Item(s). The revised valuation is the last and only price we will offer for the Item(s). Once the revised valuation has been accepted through written or verbal communication, the valuation is deemed accepted and no further negotiation or cancellation can occur by you.
Courier Service. If you choose to use our courier service when selling your Item(s) to us, then you agree to abide by the following terms and conditions. CINEMACAMERAS.COM LLC offers customers within the 48 contiguous states in the United States a way to send Item(s) to us without charge by using a trackable and signed for postal or courier service approved by CINEMACAMERAS.COM LLC (the "Courier Service") for which we will cover the shipping cost. Any packaging costs incurred by you are not covered by CINEMACAMERAS.COM LLC. CINEMACAMERAS.COM LLC does not guarantee this service to customers outside the 48 contiguous states in the United States, and this service may be provided by CINEMACAMERAS.COM LLC to customers outside the contiguous United States on a case-by-case basis and at CINEMACAMERAS.COM LLC’ sole discretion. All shipping labels will be booked for only one box unless otherwise specified by you. If your Item(s) require more than one package, you are required to inform us before the Courier Service is booked. You agree to display your unique reference number supplied by MPB clearly on the package and that you include a copy of the quote and your full contact details. Any failure to do so may result in delays or errors when processing your Item(s). We reserve the right to reject a parcel at the point of delivery if there is not a valid label attached. In the unlikely event that your package is lost or damaged by our courier service in transit to MPB then you should notify MPB immediately so that MPB can open an investigation into the circumstances. You will supply MPB with such information as MPB may reasonably request in order for MPB to be satisfied that there is a legitimate claim. MPB will only consider a claim for loss or damage in transit if the following conditions are met: (i) The item was received by the MPB courier into the tracked courier service system and marked within that as “collected” or similar authorised proof of collection. Drop off at a collection center will not count as satisfactory evidence that the item has been collected by the courier; (ii) You supply verified evidence of your address and identity; (iii) Evidence of your ownership of the item such as the original invoice, copy photographs taken for quality purposes and evidence of condition; (iv) You have complied with MPB processes as set out in these Terms & Conditions and/or as directed by MPB including but not limited to the requirement to correctly label your delivery items; and (v) Such other information and evidence as MPB may reasonably require. A full investigation by MPB may take up to 30 days to conclude provided that you supply all of the information requested. The 30-day period commences on the date that full information has been supplied. MPB will notify you if there is some extraordinary reason why the investigation may take longer than 30 days. The determination of the outcome of the investigation by MPB is final. MPB will then be able to assess if the damage or loss is covered by any available insurance or whether MPB will be liable for the loss or damage. The maximum sum available in the event of a successful claim will be the final valuation or order invoice. No other valuations will be accepted other than that of MPB for these purposes. Any additional Products included by you for Purchase or Exchange which are not described in the order quote associated with the transaction are sent at your own risk. You agree that all Item(s) will be fully and carefully packaged for reasonable impact and movement during transit. Failure to package Item(s) in a suitable manner may affect any insurance claim for damage to items during transit. You agree that CINEMACAMERAS.COM LLC is not liable for any damage incurred during transit as a direct result of insufficient packaging. You agree that CINEMACAMERAS.COM LLC is not liable for any loss or theft of the package if the package is improperly addressed by you, if the label is improperly attached, or if our provided shipping label is not used.
- Returns Policy
- If you wish to cancel an order, you must do so within two (2) days of receiving your item by emailing us at firstname.lastname@example.org stating your name and order number or phoning us at +1 424-226-3727 stating your name and order number. If you are not able to speak to a representative over the phone, you must email us at email@example.com within this two (2) day return period and clearly confirm your request to cancel your order and return the item(s).
- Please note that you must contact us prior to returning any goods received and obtain a Return Authorization Number.
iii. Items must be returned to us via an insured, trackable, and signed-for reputable delivery service. If you want to return an Item because of an error by CINEMACAMERAS.COM LLC we will cover return shipping charges by providing a shipping label for our chosen courier service, as long as you are located within the 48 contiguous states of the United States. In all other cases you will be responsible for return shipping charges.
- All returns must also be accompanied by a copy of the original sales invoice and all Items must be returned in the exact same condition as at the original point of sale. CINEMACAMERAS.COM LLC is not liable for lost or damaged returned Items.
- When issuing a refund, CINEMACAMERAS.COM LLC will only refund the amount paid by you for the returned Item(s) on the order and will not be liable to refund any shipping fees associated with the order.
CINEMACAMERAS.COM LLC retains the right to issue a refund rather than replacement on any Item returned, including those Items returned due to faults or where Items are considered not as described, subject to our Limited Warranty.
vii. CINEMACAMERAS.COM LLC provides a Limited Warranty for Items purchased on our Platform, unless otherwise stated. Items sold for spares/repairs in a stated faulty condition are excluded from our Limited Warranty. The Limited Warranty is detailed in the Warranty page.
- Item Descriptions
- To the fullest extent permitted by law, CINEMACAMERAS.COM LLC disclaims all liability with respect to the accuracy of any used Item description. Item(s) for sale do not necessarily come with any or all accessories, such as lens hoods, straps or memory cards, unless specifically stated. In the case of any errors with our listings you are within your rights to return the Item(s) within the Return Period if we are unable to resolve the matter.
Personal Data. You agree that before sending CINEMACAMERAS.COM LLC any Item(s) that you have deleted and removed all personal information that is or may be stored on the Item(s) such as, but not limited to, digital images/pictures, personal or contact information (“Personal Data”). You agree that CINEMACAMERAS.COM LLC is not responsible for returning, deleting or keeping confidential any Personal Data contained on any Item(s) sent to us.
- Payments to You
Any payment to you as a seller will be made via ACH transfer. Once a Transaction is agreed, you will be contacted and prompted to enter a valid routing and account number through a secure link for payments to a registered account. For certain accounts you may be required to provide a SWIFT / BIC code, IBAN number, account number and bank address (collectively "Payment Details").
- It is your responsibility to ensure that the Payment Details, including account number and routing number or international Payment Details, are correct and accurate. You agree that CINEMACAMERAS.COM LLC is not be liable if you fail to receive a payment or suffer any loss, including but not limited to a payment sent to an incorrect account or recipient, as a result of any failure by you to correctly, completely and accurately provide and / or submit all Payment Details required when using our secure form or when providing details in any manner.
iii. Failing to provide correct and accurate Payment Details when prompted may result in delays in payments being made. You agree that CINEMACAMERAS.COM LLC hold is not liable for any such delays however arising.
- You accept that once CINEMACAMERAS.COM LLC processes payment to you, CINEMACAMERAS.COM LLC gains full and irreversible ownership of the Item(s) you are selling or trading in. You accept that the transfer of ownership happens at the point CINEMACAMERAS.COM LLC processes payment to you, whether initiating or scheduling an ACH payment, a wire transfer, or writing a check to be sent or handed to you, and does not depend on the payment or account details provided by you being correct or accurate, nor does it depend on the payment clearing in your account.
- You understand, accept and agree that certain payment methods, including, but not limited to, payments by bank transfer (BACS), depend on third parties who we cannot and do not control. You agree that CINEMACAMERAS.COM LLC is not liable for delay in receipt of payment as a result of such third parties. Payments may be subject to discretionary validation and security checks that we or third parties may require.
- To make a claim for a lost or damaged item, please contact CINEMACAMERAS.COM LLC directly at at firstname.lastname@example.org. CINEMACAMERAS.COM LLC will not be liable for any loss or damage to a parcel, or for non-delivery, if it is proved that the loss, damage, non-delivery was due to your negligence or fault. Subject to Section 15, in no case whatsoever shall any liability of CINEMACAMERAS.COM LLC exceed the quoted value of the relevant Item(s) in a parcel.
- To make a claim for a lost parcel or non-delivery, please contact CINEMACAMERAS.COM LLC directly at email@example.com. CINEMACAMERAS.COM LLC will not be liable for any loss of a parcel or for non-delivery, if it is proved that the loss or non-delivery was due to your negligence or fault. Subject to Section 15, in no case whatsoever shall any liability of CINEMACAMERAS.COM LLC exceed the quoted value of the relevant Item(s) in a parcel.
iii. Authorized proof of collection or drop-off is in the form of a printed receipt provided by the courier at your address or at the shipping company’s shop or depot or proof via the electronic courier tracking system that a package has been collected by the courier or dropped off by you. Hand written confirmation of collection from the courier will not be considered proof of collection, so please do not hand over your package(s) unless the courier is able to scan the package(s) and provide a printed receipt. If dropping off, you agree to obtain a printed receipt as proof of having dropped your package(s) off before leaving the shipping company’s shop or depot.
- CINEMACAMERAS.COM LLC cannot be held liable if courier tracking shows that nothing was collected by the courier into the courier network. Use of any dropoff facility is entirely at the Customers own risk.
- If a package is delayed in transit, does not arrive within the standard timeframe, or appears lost, then CINEMACAMERAS.COM LLC will launch an investigation with the courier. No payment, refund, or replacement will be made until the conclusion of any investigation, followed by an internal investigation by CINEMACAMERAS.COM LLC. The term for a complete investigation into a non-delivered package is 30 days. All decisions taken by MPB as a result of any investigation are final.
12. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
You may not use the Platform for any purpose or in any manner that infringes the rights of any third party. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Platform infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
Copyright. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), CINEMACAMERAS.COM LLC has a designated agent for receiving notices of copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CINEMACAMERAS.COM LLC’ copyright agent the following information required by the DMCA: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) description of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) description of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
CINEMACAMERAS.COM LLC’ copyright agent for notice of claims of copyright infringement on or regarding the Platform can be reached as follows:
Name: Cinema Cameras, Inc
Mailing address: cinemacameras.com,
Phone number: +1 424-226-3727
Email address: firstname.lastname@example.org
NOTE: This contact information is for inquiries regarding potential copyright infringement only.
Other Intellectual Property. If you believe that any content on the Platform violates your exclusive rights other than copyrights, please provide us at least the following information: (i) your physical or electronic signature; (ii) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (iii) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (iv) accurate contact information for you. Please send your complaint regarding content on the MPB platform to: email@example.com.
General Rights Information. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
CINEMACAMERAS.COM LLC will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
13. YOUR WARRANTIES
You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms; (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms; and (iii) by purchasing or selling goods via the Platform, you acknowledge and represent that you are authorized to use the payment card used.
If you choose to sell an Item via Trade-in, then you warrant and represent that you own all right, title and interest in the Item subject to sale or Trade-in. CINEMACAMERAS.COM LLC reserves the right to request proof of ownership of any Item. Acceptance of valid proof of ownership is in CINEMACAMERAS.COM LLC’ sole discretion.
14. OUR DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS SET FORTH IN OUR LIMITED WARRANTY, THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE MATERIALS AND ITEMS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CINEMACAMERAS.COM LLC AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE "CINEMACAMERAS.COM LLC PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) THE MATERIALS OR ITEMS ON OR PROVIDED THROUGH THE PLATFORM; (C) USER CONTENT; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE PLATFORM; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS, BOUGHT, SOLD, OFFERED OR REFERENCED AT THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ITEMS; OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM. IN ADDITION, THE CINEMACAMERAS.COM LLC PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS SET FORTH IN OUR LIMITED WARRANTY, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS SET FORTH IN OUR LIMITED WARRANTY THE CINEMACAMERAS.COM LLC PARTIES DO NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE ITEMS OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE ITEMS, THE PLATFORM, OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CINEMACAMERAS.COM LLC PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE PLATFORM, THAT YOUR USE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCPET AS SET FORTH IN OUR LIMITED WARRANTY, THE CINEMACAMERAS.COM LLC PARTIES DO NOT WARRANT THAT YOUR USE OF THE PLATFORM OR ITEMS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE CINEMACAMERAS.COM LLC PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING THE PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT PLATFORM.
CINEMACAMERAS.COM LLC offers a Limited Warranty with respect to certain Items. Please review our Limited Warranty here.
15. LIMITATION OF LIABILITY; WAIVER
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS SET FORTH IN OUR LIMITED WARRANTY, IN NO EVENT WILL THE CINEMACAMERAS.COM LLC PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY MATERIALS OR CONTENT ON THE PLATFORM OR ITEMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CINEMACAMERAS.COM LLC PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 19(d)(C) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CINEMACAMERAS.COM LLC PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO OR BEEN PAID BY CINEMACAMERAS.COM LLC FOR ITEMS IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You are responsible for your use of the Platform and Items, and, to the fullest extent permitted by law, you will defend and indemnify the CINEMACAMERAS.COM LLC Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs (“Claims”) brought by a third party arising out of or connected with: (a) your use of, or misuse of, the Platform not in compliance with these Terms or Items; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those Claims.
If you sell an item via Trade-in, then you hereby indemnify CINEMACAMERAS.COM LLC against any and all third party claims arising out of any actual or alleged breach of the warranty set forth in Section 13 with respect to Trade-ins.
17. TERM AND TERMINATION
CINEMACAMERAS.COM LLC reserves the right to terminate your access to and use of the Platform or any of its features in its sole discretion, without notice and liability, including, without limitation, if CINEMACAMERAS.COM LLC believes your conduct fails to conform to these Terms or any Additional Terms. CINEMACAMERAS.COM LLC also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
CINEMACAMERAS.COM LLC also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information, Items, or content available on the Platform, without limitation, in whole or in part, including the cessation of all activities associated with the Platform, with or without notice. You agree that CINEMACAMERAS.COM LLC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform or any part thereof.
Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Platform; (ii) you will no longer have access to your account; and (iii) upon termination of these Terms, all payment obligations accrued prior to termination and Sections 3, 5, 6, 12 – 16, 19 – 22 will survive.
18. LOCATION AND TERRITORIAL RESTRICTIONS
Unless otherwise specified, the Platform and its Materials and the Items are made available for use and purchase in the United States.
The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CINEMACAMERAS.COM LLC to any registration requirement within such jurisdiction or country. Anyone using or accessing the Platform does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Platform and/or the provision of any content, product, service, Item, or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, product, service or other feature that we provide.
Software related to or made available by the Platform may be subject to United States export controls. Thus, no software from the Platform may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You agree to comply with all rules, laws and regulations that are applicable to your use of the Platform, including, without limitation, those governing your transmission or use of any software or data.
19. DISPUTE RESOLUTION; ARBITRATION
Generally. In the interest of resolving disputes between you and CINEMACAMERAS.COM LLC in the most expedient and cost effective manner, you and CINEMACAMERAS.COM LLC agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CINEMACAMERAS.COM LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions. Despite the provisions of Section 19(a), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and CINEMACAMERAS.COM LLC will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting CINEMACAMERAS.COM LLC. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or electronic mail (“Notice”). CINEMACAMERAS.COM LLC’ address for Notice is: CINEMACAMERAS.COM LLC, Inc., 29 Lighthouse Street, Marina Del Ray, CA 90292 or firstname.lastname@example.org. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or CINEMACAMERAS.COM LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or CINEMACAMERAS.COM LLC must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, CINEMACAMERAS.COM LLC will pay you the highest of the following: (A) the amount awarded by the arbitrator, if any; (B) the last written settlement amount offered by CINEMACAMERAS.COM LLC in settlement of the dispute prior to the arbitrator’s award; or (C) $15,000.
Fees. If you commence arbitration in accordance with these Terms, CINEMACAMERAS.COM LLC will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse CINEMACAMERAS.COM LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND CINEMACAMERAS.COM LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CINEMACAMERAS.COM LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If CINEMACAMERAS.COM LLC makes any future change to this arbitration provision, other than a change to CINEMACAMERAS.COM LLC' address for Notice, you may reject the change by sending us written notice within 30 days of the change to CINEMACAMERAS.COM LLC' address for Notice, in which case your account with CINEMACAMERAS.COM LLC will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 19 within 30 days after the date that you agree to these Terms by sending a letter to CINEMACAMERAS.COM LLC INC, 29 Lighthouse Street, Marina Del Ray, CA 90292, Attention: Legal Department – Arbitration Opt-Out, that specifies: your full legal name, the email address associated with your account on the Platform, and a statement that you wish to opt out of arbitration](“Opt-Out Notice”). Once CINEMACAMERAS.COM LLC receives your Opt-Out Notice, this Section 19 will be void and any action arising out of these Terms will be resolved as set forth in Section 20. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
Enforceability. If Section 19.f is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 20 will govern any action arising out of or related to these Terms.
20. GOVERNING LAW AND VENUE
THESE TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THE DISPUTES OR ANY ACTION ARISING OUT OF OR RELATING TO DISPUTES BROUGHT BY A PERSON WHO PROPERLY OPTS OUT OF THE AGREEMENT TO ARBITRATE (IN ACCORDANCE WITH THESE TERMS) MUST BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF SUCH DISPUTES.
The failure of CINEMACAMERAS.COM LLC to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit CINEMACAMERAS.COM LLC’ rights with respect to such breach or any subsequent breaches. No waiver by CINEMACAMERAS.COM LLC of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of CINEMACAMERAS.COM LLC. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. MB US may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without CINEMACAMERAS.COM LLC’ prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against CINEMACAMERAS.COM LLC by virtue of CINEMACAMERAS.COM LLC having drafted them.
CINEMACAMERAS.COM LLC will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond CINEMACAMERAS.COM LLC’ reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, shortages or delays in obtaining supplies or service, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to https://www.mpb.com/us (the Website) or any services provided via, or in relation to, the Website. This includes using (or permitting, authorising or attempting the use of): (a) Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same. (b) Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations This provision shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
22. CONSENT TO ELECTRONIC COMMUNICATIONS.
23. CONTACT INFORMATION
If you should have any questions or comments, please contact our customer service phone number: +1 424-226-3727, or email us at email@example.com.