Welcome to www.FightingChanceMovie.com, owned and published by Dockyard, LLC (hereinafter alternately referred to as the "Web Site," "we" or "us").
Please read these Terms and Conditions of Use which governs the use of the Web Site by consumers ("you"). If you do not agree to these Terms and Conditions of Use, you must terminate your visit to this site immediately.
1. Dockyard, LLC, is a Limited Liability Company organized under the laws of the State of Georgia.
2. Dockyard, LLC is a film production company responsible for the writing, production and direction of the motion picture A Fighting Chance. Nothing in these Terms and Conditions of Use, nor in the Web Site Privacy Policy (incorporated herein by reference) shall be construed as obligating us to continue operations, or to bind us to any users in any way if we choose to discontinue operations.
3. Consumers visiting the Web Site agree to the following restrictions:
(a) Consumers will not reprint, republish, reproduce or distribute, in any way except as explicitly authorized in writing, any information, audio-visual materials, images, text or other materials found on the Web Site. You acknowledge that the materials on the Web Site (including, but not limited text, photos, images, graphics, illustrations, audio recordings, videos and/or films) are protected by copyright law, trademark law, state law rights of privacy and publicity and other federal, state and international protections, and you will not copy, publish, transmit, download, or otherwise distribute or appropriate our materials in any way without our prior written consent. Any unauthorized uses of our materials will result in an immediate breach of these Terms and Conditions, as well as any other applicable state and/ or federal laws. Upon such breach, we will pursue any and all remedies available to us under state and federal law, including but not limited to actions for breach of contract and copyright infringement. If you believe that material on our Web Site infringes the copyrights of another, please contact us at [email protected].
(b) The content of third parties, including links to stories and advertisements displayed and/or served on the Web Site are the property of their respective parties provided for informational purposes only, and we and/or the Web Site is not sponsored by and/or affiliated with the owners of trade marks or trade names appearing on the site, including those constituting hyperlinks. You acknowledge and agree that we have not reviewed the content of all sites linked to from our Web Site and that we are not responsible for the content of any of those sites, and do not take responsibility for them or endorse them.
4. While we do our best to prevent viruses, worms and other harmful materials from being distributed through the Web Site, we do not warrant that materials on the Web Site or available for download from the Web Site will be free of such materials. We will not be held liable for any damage, no matter how remotely related, caused by the use of the Web Site. Users assume all risk when viewing or otherwise accessing the Web Site. You agree to hold us and our agents, employees, members and licensees harmless and defend and indemnify us from any and all claims, damages, costs and expenses, including attorneys� fees, deriving from or in relation to your use of the Web Site, including but not limited to financial losses or damage to hardware, software or other equipment. For clarification, this will include disputes that are settled out of court or through arbitration. We will make reasonable efforts to keep the Web Site service available on an ongoing basis. You may experience poor performance from time to time based on the need for us to provide maintenance, temporary unavailability of the web or for reasons beyond our control. We shall not be liable for these types of failures.
5. Disclaimer of Other Warranties. The Material on This Web Site (Including, Without Limitation, All Content, Downloads, Software, Functions, Services, Materials and Information Made Available Herein or Accessed by Means Hereof) Are Provided As Is to the Extent Provided By Law, Without Warranties of Any Kind, Either Express or Implied, Including But Not Limited to, Non- Infringement, Warranties of Merchantability, and Fitness for a Particular Purpose. You Acknowledge and Agree That The Information, Products and Services Provided on the Web Site are Purely for Entertainment and Reference Purposes, and Such Content Should Not Be Construed As Creating Any Legally Binding Relationship, Obligation, Contract or Responsibility By and/or Between Dockyard, LLC, www.FightingChanceMovie.com and You, Nor Should Such Content Be Relied Upon in Lieu of the Advice of Such Professional.
6. Limitation of Liability. You Assume Full Responsibility and Risk of Loss Resulting From Your Use of This Site and Any Information on This Site. Under No Circumstances Shall We or Any of Our Employees, Members, Owners, Directors, Licensees, Agents or Other Representatives be Liable for Any Indirect, Punitive, Special or Consequential Damages Even if We or Any of Our Employees, Members, Owners, Agents, Directors, Licensees, or Representatives Have Been Advised of the Possibility of Such Damages. Our Total Liability in Any Event is Limited to the Amount, if Any, Actually Paid by You for Use of the Web Site, and You Hereby Release Us and Our Employees, Members, Owners, Directors, Licensees, Agents and Representatives From Any and All Obligations, Liabilities and Claims in Excess of This Limitation.
7. If you pay by credit card for any products or services associated with the Web Site, you grant us permission to charge all fees incurred using your account to the credit card you provide to us. If payment cannot be charged to your credit card or such payment is returned for any reason, including but not limited to chargebacks, we may either suspend or terminate your account and all services under these Terms of and Conditions, and you will owe us any unpaid balance, in addition to any fees, charges, expenses, or losses incurred in collection.
8. You represent and warrant that you are thirteen (13) years of age or older, and if a credit card was used to pay for any products or services purchased from Dockyard, LLC and/or the Web Site, that the adult (over age eighteen) owner of such credit card was the one that submitted the credit card information and authorized the charge.
9. You understand that we reserve the right to bar your further use of the Web Site at any time, with or without cause, without prior notice.
10. These Terms and Conditions shall be governed by the laws of the United States and the State of Georgia. By continuing to use the Web Site, you hereby agree to be bound by these Terms and Conditions. If any term or provision of these Terms and Conditions is found to be unenforceable, the remaining terms and provisions shall survive in full force and effect.
13. We retain the right to alter and/or terminate these Terms and Conditions at any time without notice. The current Terms and Conditions at any given time supersedes any and all previous Terms and Conditions. At our option, we may notify users of changes to these terms through advisement on the Terms and Conditions hyperlink on the Web Site. Any modification is effective as of the posting of the change. Your continued use of the Web Site more than thirty (30) days following notice of any modification to these Terms and Conditions of Use shall be conclusively deemed and acceptance of such modification(s). Notwithstanding anything to the contrary, no modification to these Terms and Conditions and/or any policies affecting the Web Site shall apply to any dispute of which we had actual notice on the date of the modification.
14. These Terms and Conditions of Use constitute the entire agreement between you and us with respect to the Web Site, excepting only the Web Site Privacy Policy. Failure by us to enforce any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right. You are prohibited from engaging in, suggesting or encouraging illegal activity in connection with the Web Site and we will cooperate with law enforcement officials as appropriate. In the event any portion of these Terms and Conditions of Use is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms and Conditions of Use shall remain in full force and effect.
15. Please see our Privacy Policy.
Terms and Conditions updated: December 13, 2010.
