|Terms and Conditions|
You must read the following terms and conditions (this "Agreement"). By using our site, www.noteviljustwrong.com ("Site") and/or purchasing the film, Not Evil Just Wrong, or ANY product on the site (collectively "Film"), you are agreeing to be bound and abide by the notices, terms and conditions stated herein and accept that this Agreement is a legally binding and valid contract. And you agree to take all necessary steps to ensure that the terms and conditions of the Agreement are not violated by any person or entity under their control or in their service.
You may cancel your order within 24 hours of placing it (or as long as the product has not been shipped). If we receive your cancellation request prior to shipping, we will refund you the full amount that you paid. If the product has already been shipped out by the time you inform us you would like to cancel your order, you must comply with our Return Policy stated above.
Copyright and Restrictions of Use
You acknowledge that all copyright to the Film is owned exclusively by Ann and Phelim Media LLC. ("Owner").
Owner grants you a personal, limited, non-exclusive, non-transferable, non-assignable license to screen the Film in a home private setting provided that you adhere to all the terms and conditions of this Agreement (see exception below for the October 18th 2009 Premiere).
This Agreement between Owner and you does not imply any ownership rights to the film Not Evil Just Wrong. For clarification, in respect to the film Not Evil Just Wrong, you cannot: (1) distribute, transfer, modify, merge, share via the internet or torrent, assign or transfer or upload any part of the Film (whole or individual parts); (2) screen any part of the Film (whole or individual parts) without written permission from Ann and Phelim Media LLC except where such permission is granted here or by way of acquiring a special screening or performance license (see exception below for the October 18th 2009 Premiere); (3) make copies of the Film; (4) sell screening licenses; (5) sell DVDs; and (6) enter into 3rd party agreements for use of the Film.
Owner is committed to protecting the rights of copyright owners to their copyright material. You agree that you will not use the Film for unauthorized copying, distribution, modifications, public display or public performance of copyright works that is an infringement of the copyright owner's exclusive rights.
OWNER'S WARRANTIES AND DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN OWNER AND YOU, THE FILM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, OWNER MAKES NO WARRANTY THAT (i) THE FILM WILL MEET YOUR REQUIREMENTS, (ii) THE QUALITY OF THE FILM WILL MEET YOUR EXPECTATIONS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY, GUARANTEE AND/OR REPRESENTATION IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (a) THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE FILM OR (b) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE; AND (2) OWNERS SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE FILM.
IN NO EVENT SHALL OWNER OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OF ANY MACHINE, COMPUTER, DATA OR PROFITS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify and hold harmless Owner, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
In the event any paragraph or portion of any paragraph of this Agreement shall be determined to be invalid or unenforceable for any reason, such invalidity of unenforceability shall not affect the validity and enforceability of the remaining valid and enforceable paragraphs hereof, and shall be the invalid or unenforceable portion shall be deemed amended but only to the extent necessary to make such portion enforceable and compatible with the remaining terms of this Agreement, and if such portion cannot be so amended the Agreement will be construed as if such invalid or unenforceable paragraph or portion had not been inserted.
This Agreement shall be governed by and construed in accordance with Irish law. Each party hereby consents to the submission of any dispute arising hereunder to the Irish and submits to the jurisdiction of such court for the purpose of resolution of any claim hereunder.
Unless otherwise specified, this Agreement constitutes the entire agreement between you and Owner with respect to the Site and Film and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Owner with respect to the Site and/or Film.
Ann and Phelim Media LLC