The Site offers a digitized version of the Film BLACK CHEROKEE under certain terms and conditions as set forth in this Agreement. The Site allows you to access and view the Film by downloading a copy. The Site also allows you to purchase a DVD copy of the Film.
Personal use/License to Digital Content
The Site is being presented for your personal, non-commercial use. Subject to your payment of any applicable fees (including applicable taxes) to purchase or otherwise obtain access to the Film and your compliance with all other terms we specify for the Film or the Site, Animated Advocacy, LLC d/b/a Yellow Cake Films (“we” or “us”) grants you a non-exclusive non-transferable, non-sublicensable, limited right and license to access the Site, and to download the Film from the Site onto your personal computer, or purchase a DVD for your personal, Non-Commercial, Private Use only. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. As used herein, “Non-Commercial, Private Use” means a presentation of the Film for which no fee or consideration of any kind (other than that which you pay to us to view the Film) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Film.
No Reproduction of Materials
The material on the Site is protected under state and federal copyright and trademark laws. By accessing and/or downloading the material on the Site, you do not acquire any ownership interest or rights to the material found on the Site, nor are you authorized to create any derivative works of such material. You are not authorized to use such material in any way other than as specified herein. All rights to the content of the Site, and any material on the Site, are reserved by us. Any unauthorized use of the Site, or the contents or materials thereon, automatically terminates the permission or license granted by us hereunder. Copyright and trademark infringement are violations of federal and state law, and are subject to criminal and civil penalties.
Ways to Watch: When you purchase the Film, we’ll make it available to you on DVD or to download and play on compatible devices.
Viewing Period: Indefinite—you may watch and re-watch your purchased videos at your sole discretion. However, only one successful download will be allowed per purchase. We reserve the right to make changes to this Viewing Policy at any time. If you plan to download the Film, we encourage you to do so promptly after your purchase. Once you purchase the Film and we make the Film available to you, you are responsible for completing the download, if you choose to download, and for all risk of loss of the Films after download.
You may not transfer, copy or display the Film, except as permitted in this Agreement. In addition, you may not: i) sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Film to any third party; ii) remove any proprietary notices or labels on the Film; iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Site; or, iv) use the Site or Film for any commercial or illegal purpose.
We cannot and do not guarantee or warrant the accuracy of any information found on the Site. Although we have attempted to make such information accurate at the time it was posted, any action taken or not taken by you as the result of reviewing information on the Site is solely at your risk.
We attempt to keep the Site virus free. However, due to the nature of the Internet, we assume no responsibility and shall not be liable for any damages due to, or as a result of, viruses, worms, Trojan Horses or other computer programs or applications that may infect your computer or other property as a result of your accessing of the Site.
Communications with Us
Any communication or material that you send to us by electronic mail or otherwise is, and will be treated as, non-confidential and non-proprietary. You hereby consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.