TERMS OF SERVICE
Last revised on June 6th, 2007
Welcome to www.moviebakery.com (“moviebakery”, or “website” or “site” or “Service” or “we” or “us” “our”), the place to get the best possible web videos at a very low cost. This website is owned and operated by conceptbakery LLC, Denver, Colorado. You (“you” or “user”, “client”, or “member”) are allowed to use this website subject to your acceptance of these terms of service. By using or visiting this website you accept and agree to be bound by the following terms of service and by all laws applicable to usage of this site. In case you do not agree to any of these terms or conditions, you should leave the site immediately. You should also go through our Privacy Policy which is an integral part of the Terms of Service. You also agree to any policies or conditions notified on the website or conveyed to you through email. We reserve the right to modify any terms or conditions at any time without prior notice. They will become applicable upon posting on the website or from any date decided by us. Any use of the site or its service after such modifications will constitute your agreement to the modified terms. We would therefore advise you to regularly review these terms and conditions.
DEFINITIONS
"Movie Maker" is any user who supplies videos to moviebakery.
"Client" is any user who orders videos to be produced by the movie makers registered at moviebakery.
1. MEMBERSHIP
(i) In consideration of your use of the moviebakery Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
(ii)You are required to open an account with us before you can avail of the services of moviebakery.com. You will be required to provide some information to enable us to identify and contact you. You agree to provide correct and upto date information in all the fields. You are responsible for updating this information from time to time. You are aware that lack of up to date information about yourself may affect services offered by the website.
(iii)You will not use any other person’s account, nor will you permit anybody to access your account. You also agree that you will not submit any false/misleading or incomplete information to moviebakery or attempt to impersonate anyone. Any attempt to do so may result in cancellation of your account/membership with the moviebakery.com and/or appropriate legal action including, but not limited to, for restraint or recovery of loss or damages.
(iv)The information provided by you may be used for business purposes and also for conveying information/offers to you.
(v) During the signing up process, you will be asked to submit information about the type of videos which you desire to be produced for you. Moviebakery reserves the right to not accept your order if in its sole discretion on any ground whatsoever, including but not that limited to the fact that in its judgment, subject of the movie, or the manner in which any portrayal or depiction of an event or a person is desired, is considered inappropriate or morally repugnant. The grounds for rejection of your order (“order” or “proposal” or “project”) may include, but are not limited to association with certain organizations or businesses, pornography, child abuse or explicit material, promotion of racial hatred, and defamation. Moviebakery may also reject a proposal if in its opinion it violates any law applicable to this or similar web-sites. We may also advise you that the movie is not commercially viable.
(vi) Selecting the moviemakers suitable for producing your movies from among members of this website is the responsibility of moviebakery and you are not allowed to contact a moviemaker directly.
(vii) There is no fee for joining the moviebakery. However, you are required to deposit 50% of the cost of a project, before action on your order for producing videos is initiated by moviebakery. Remaining 50% is required to be deposited when we inform you that the videos ordered by you are ready for being reviewed by you.
(viii) On acceptance of your order for production of a movie, we will invite our member moviemakers to make pitches for producing the videos. Out of these, moviebakery will select ten pitches which are found most appropriate by its panel of experts.
(ix) The pitches for which you have made a payment to the moviebakery become your property, to be used in any manner that you may desire. The pitches not so paid for revert to the moviemaker, and any unauthorized use of these pitches by you directly or with somebody else, in any manner whatsoever, may invite action by the moviemaker or moviebakery or both, including legal or penal as per provisions of applicable laws.
(x) Once you have paid for a movie, you have sole discretion about whether or in the manner in which, the movie is published. All rights for the videos for which you have made a payment vest in you, whether you publish the said movie or not.
(xi) You may also opt for releasing the videos for web-publishing. If we publish your videos , advertising revenue will be shared in the following manner: (a) you will receive 1/3rd of the revenue, (b) the moviemakers get 1/3rd, and (c) the remaining 1/3rd share goes to the moviebakery.
2. Tenure and termination of this agreement
(i)This Agreement shall remain in full force and effect while you use moviebakery and/or are a Member. You may terminate your membership at any time, for any reason, by following the instructions, or by sending an email to moviebakery.com. You agree that moviebakery may, under certain circumstances and without prior notice, immediately terminate your moviebakery account, or and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f)extended period of inactivity and/or (g) engagement by you in fraudulent or illegal activities.
(ii)Termination of your moviebakery account includes (a) removal of access to all offerings within the Service, including but not limited to blogs, Chat, Domains, Personals, Profiles, Message Boards, Greetings, Alerts and Games, movies, pitches or any other thing which had been permitted to be displayed at the website (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in moviebakery's sole discretion and that moviebakery shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
(iii)Some provisions of the agreement will remain in effect even after your membership is terminated.
(iv)You acknowledge, consent and agree that moviebakery may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of moviebakery, its users and the public.
3.ADDITIONAL CONDITIONS
(i) You may be required to download additional software in order to participate in certain moviebakery Services, or content and/or agree to additional terms and conditions. Unless such additional terms and conditions applicable to the moviebakery Services in which you choose to participate specifically provide otherwise, those additional terms are hereby incorporated into this Agreement.
(ii) Your search using links on moviebakery may produce search results and links to third party websites that are not owned or controlled by moviebakery and which some people may find objectionable, inappropriate, or offensive. Moviebakery has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. You also understand and agree that moviebakery cannot and will not censor or edit the content of any third-party site. You also enter into any business or other transactions while on any other sites totally at your own risk. By using this site, you expressly relieve moviebakery from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of every website that you visit.
4. INAPPROPRIATE CONDUCT
(i)You may not copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by moviebakery or other Members for the purpose of selling, engaging in, marketing, or promoting any other product or service.
(ii)You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the moviebakery servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, moviebakery may grant the operators of public search engines(like Moviebakery, Yahoo, MSN) permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Moviebakery reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
(iii) Illegal and/or unauthorized uses of the Website, including collecting usernames, e-mail addresses, or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Website, or any other use not expressly permitted in this Agreement will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your moviebakery profile or other content uploaded on the Website for the purpose of extracting such information or other content.
(iv)You also agree that you will not: (a) submit material, including but not limited to the movies, that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant moviebakery all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage Moviebakery or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business: (e) impersonate another person.
(v)Despite this prohibition, information provided by other moviebakery.com, Members (for instance, in their in their comments, or any other content) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and moviebakery.com assumes no responsibility or liability for this material. If you become aware of any misuse of the moviebakery Services by any person, please contact moviebakery immediately. Moviebakery reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the moviebakery Services at any time, for any or no reason, with or without prior notice, and without liability. Moviebakery expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of moviebakery Services if moviebakery determines, in its sole discretion, that you pose a threat to moviebakery and/or its Users.
5. COPYRIGHT
(i) The content on the moviebakery Website, except content posted by you, including without limitation, the text, software, scripts, graphics, photos, sounds, music, movies, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to conceptbakery LLC, Denver, Colorado, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you on AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective moviebakery. Conceptbakery reserves all rights not expressly granted in, and to, the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Members content, or that of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the moviebakery Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the moviebakery Website or the Content therein.
(ii)For clarity, you retain all of your ownership rights in the content posted by you. However, by submitting the content, you hereby grant moviebakery a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the member’s content in connection with the moviebakery Website and conceptbakery's (and its successor's) business, including without limitation for promoting and redistributing part or all of the moviebakery Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the moviebakery Website a non-exclusive license to access your content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a member’s content from the Moviebakery Website.
(iii) This copyright for a pitch will vest in the moviebakery till such time as it is not passed on to a client and thereafter all rights of the movie will accrue to the client. Copyright to any material, including a pitch or a movie, which is not accepted by you or for which you have not made payment as per the agreed terms, will vest in moviebakery or the moviemaker as the case may be and any unauthorized use of such material may invite appropriate action including suspending or terminating your account, barring you from some or all parts of the website and or legal action as per provisions of law.
6. INDEMNITY
You agree to indemnify and hold conceptbakery, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
7. DISCLAIMERS OF WARRANTY OR LIABILITY
(i)THIS SITE IS PROVIDED BY CONCEPTBAKERY.COM. ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. MOVIEBAKERY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. MOVIEBAKERY DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(ii)BY USING MOVIEBAKERY.COM, YOU AGREE TO RELEASE AND INDEMNIFY MOVIEBAKERY & CONCEPTBAKERY (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY LIABILITY, DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, IN ANY WAY CONNECTED WITH YOUR DEALINGS WITH CONTRACTORS.
(iii)WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL MOVIEBAKERY or CONCEPTBAKERY BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
(iv)UNDER NO CIRCUMSTANCES WILL MOVIEBAKERY OR CONCEPTBAKERY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT MOVIEBAKERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL MOVIEBAKERY OR CONCEPTBAKERY BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE HUNDRED DOLLARS ($100.00).
8. JURISDICTION
These Terms of service will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Denver, Colorado. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of service to be unenforceable, the remainder of the Terms of service will continue in full force and effect. You shall not assign these Terms of service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
9. MISCELLANEOUS
These Terms of service constitute the entire agreement between you and moviebakery with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of service by a party will be effective only if in writing and signed by a party.
