SECTION 1. INTRODUCTION
Welcome to the Internet site of Scanline VFX Studios (“Scanline VFX”). Scanline VFX and any entities controlled by, or are affiliated or under common control with Scanline VFX are collectively referred to herein as “we,” “us” or “our”.
in Section 3, entitled “SUBMISSIONS”).
SECTION 2. USE OF CONTENT
All information, materials, functions and other content (“Content”) contained on Scanline VFX Site are our copyrighted property or the copyrighted property of our licensors or licensees, except where explicitly noted otherwise. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Scanline VFX Site or delete Content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content from any Scanline VFX Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Scanline VFX Site, except that where a Scanline VFX Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of Scanline VFX Site is prohibited. In the event that we offer downloads of software on a Scanline VFX Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only, and such Software is subject to any applicable End User License Agreement. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
SECTION 3. SUBMISSIONS
(collectively, “Distribute”) on or through the Scanline VFX Site. There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on the Scanline VFX site, through any form of electronic communication, or otherwise; and/or (b) that you Distribute, through any form of electronic communication, or otherwise for which you do not seek Consideration (such as in our Public Forums (as defined below in Section 6, entitled “PUBLIC FORUMS AND COMMUNICATION”)). “Unsolicited Submissions” are any and all Submissions that do not fall within
subparagraphs (a) and/or (b) of this paragraph.
Our rights with respect to Submissions provided at our request as part of a good faith application for employment at Scanline VFX are governed by special rules set forth in the submission agreement which is required as part of the application process.
In order to protect our creative development process, Scanline VFX will not review materials submitted for employment evaluation unless the submitter agrees to the terms of the application submission agreement, which may be found in the “Submissions Guidelines” section under the “Careers” link job application of the Scanline VFX.com web site.
SECTION 4. PUBLIC FORUMS AND COMMUNICATION
“Public Forum” means an area, site or feature offered as part of any Scanline VFX Site that offers the opportunity for users to Distribute Submissions for viewing by one or more Scanline VFX Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through any Scanline VFX Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
SECTION 5. RULES OF CONDUCT
SECTION 6. COOPERATION; REMOVAL OF SUBMISSIONS
SECTION 7. CONTENT ACCESSIBLE THROUGH LINKS FROM SCANLINE VFX SITE AND SEARCH RESULTS
with any products or services that you purchase from a third-party site that links to or from any Scanline VFX Site or third-party Content contained on our Site. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. Moreover, we are not responsible for the accuracy, relevance, legality or decency of material contained on Site retrieved in searches and/or listed in search results or identified on search results pages.
SECTION 8. DISCLAIMERS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO SCANLINE VFX SITE OR ANY THIRD PARTY SITE OR SERVICES LINKED TO FROM ANY SCANLINE VFX SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SCANLINE VFX SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITE (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Scanline VFX Site may contain the opinions and views of other users. Given the interactive nature of these Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. The content of Scanline VFX Site are intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute legal or professional advice, and may not be used for such purposes. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Scanline VFX Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
SECTION 9. INDEMNIFICATION
SECTION 10. LIMITATION OF LIABILITY
SECTION 11. JURISDICTIONAL AND VENUE ISSUES
SECTION 12. AMENDMENT
SECTION 13. GENERAL PROVISIONS
SECTION 14. CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the termination, in appropriate
circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
Notification must be submitted to the following Designated Agent: Service Provider: SCANLINE VFX
Name of Agent Designated to Receive Notification of Claimed Infringement: Scott Miller
Full Address of Designated Agent to Which Notification Should be Sent:
580 Granville Street, Vancouver, BC V6C 1W6
Telephone Number of Designated Agent: 604.683.6822
Facsimile Number of Designated Agent: 310.827.1999
E-Mail Address of Designated Agent: firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
(i) A physical or electronic signature of person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted 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) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(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.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on any Scanline VFX Site, electronic mail to a user’s e-mail address in our records, or by written
communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
(i) Your physical or electronic signature;
(ii) Identification of the material that has been removed or to which access has been disabled, and the
location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Scanline VFX may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
SECTION 15. CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on the Scanline VFX Site are the property of Scanline VFX, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Scanline VFX’s prior written permission. The use of Scanline VFX’s Marks on any other web site is prohibited.
SECTION 16. PRIVACY