Terms of Use
Welcome to the website of VIMOOZ, LLC. (www. VIMOOZ.com).
Use of this website, and information distributed in conjunction with this website is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our services, or website. We suggest you print a copy of each of these documents for your records.
VIMOOZ shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on August 1, 2015.
Disclaimer
This website is provided “as is” and we make no representations or warranties of any kind with respect to the www. VIMOOZ.com Web site, its contents or our service. We assume no liability or responsibility for any errors or omissions in the content of the www. VIMOOZ.com Web site, any failures, delays, or interruptions in the shipment of DVDs, delivery of any content contained on the VIMOOZ Web site, any losses or damages arising from the use of the content provided on the VIMOOZ Web site, or any conduct by users of the VIMOOZ service or Web site. We reserve the right to ship DVDs in our sole and absolute discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
In no event shall VIMOOZ, LLC, its members, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the VIMOOZ Web site, its contents or our service. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Privacy Policy
You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at: Privacy Policy
Confidentiality and Transmissions over the Internet
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.
Web Site Content
We distribute movie, television, and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information on our Web site to you in any manner we choose in our sole and absolute discretion. In addition, the VIMOOZ Web site allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the VIMOOZ Web site are those of the respective authors or producers and not of VIMOOZ, LLC., or its members, directors, officers, or employees. Under no circumstances shall VIMOOZ, LLC., or its members, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the VIMOOZ Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the VIMOOZ Web site.
Use of Information Submitted
VIMOOZ, LLC, is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to VIMOOZ (“Content”), including, without limitation, responses to questionnaires or through postings to the VIMOOZ Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the VIMOOZ Web site or other Web sites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future.
User Conduct and Obligations
You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:
a. upload, post or otherwise transmit through or to this website any content that:
i. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
ii. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
iii. contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
b. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
c. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
d. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
e. collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
f. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by VIMOOZ;
g. redistribute any content provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method.
The foregoing prohibitions expressly include, but are not limited to, the practice of “screen scraping”, or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the web site, in any manner or in any quantities not authorized in writing by VIMOOZ.
By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.
Indemnification by User
You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
Third Party Websites, Content and Products and Services
You acknowledge and agree that your business dealings with any third parties, including any merchants or advertisers, found on, or accessed through our website and any of their services, including payment for and delivery of any related goods and services, are solely as between you and such third parties. You understand and acknowledge that some of services accessible on our website are provided by third parties and that in certain instances, we may receive referral fees and/or other compensation from third parties on a per use or other basis based on your purchase or use of third party goods or services found on or accessed through our website. You acknowledge that in such dealings with third parties, we are not the seller or provider and your agreement of purchase or for services with such third party is solely between you and the third party, and not VIMOOZ. VIMOOZ assumes no responsibility whatsoever for any charges, losses or liabilities you or any user of your account incurs when making purchases or completing transactions with such third parties. As a user of our website, you acknowledge and agree that we shall not be responsible or liable in any way for any loss or damage of any kind which you or any other user of your account may incur as a result of, or in connection with, any dealings or transactions with such third parties.
Many of the films offered on VIMOOZ.com for sale, are from filmmakers who may be independent, third-party sellers*. When buying from a third party, your order is fulfilled directly by the filmmaker, however, you should contact VIMOOZ for all customer service issues. Your purchases are covered by our policies.
By accessing third party services through our website, you hereby authorize such third party service provides to provide VIMOOZ with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods.
Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
Proprietary Rights
VIMOOZ, LLC, VIMOOZ, and other identifying marks of VIMOOZ, LLC are and shall remain the trade-marks and trade names and exclusive property of VIMOOZ, LLC, and any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website, is the copyrighted property of VIMOOZ and is protected by international copyright law. The content on this website may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.
Notice of Copyright Infringement
VIMOOZ, LLC respects the intellectual property of others, and we ask our users to do the same.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide VIMOOZ Legal with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the VIMOOZ’ site, with enough detail that we may find it on the web site;
your address, telephone number, and email address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
VIMOOZ’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
VIMOOZ, LLC
4006 Grand Central Station
New York, NY 10163
By email:
Customer Service
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
General
This Agreement has been entered into in the state of New York, and the validity, interpretation and legal effect of this Agreement shall be governed by the laws of the state of New York applicable to contracts entered into and performed entirely within the state of New York.
Contact
If you have any questions or concerns about our website or these Terms of Use, please feel free to contact a customer service representative.
Intellectual Property Policy
VIMOOZ, LLC respects the intellectual property of others, and we ask our users to do the same.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide VIMOOZ Legal with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the VIMOOZ’s site, with enough detail that we may find it on the web site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
VIMOOZ ‘s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
VIMOOZ
4006 Grand Central
New York, NY 10163
Customer Service:
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.