Please Read Carefully.
The Clowder Group Copyright Notice
© 2019 THE CLOWDER GROUP, LLC All content herein is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and may not be modified, copied or used in any manner without the express permission of THE CLOWDER GROUP, LLC, which reserves all rights. Reuse of any of this content for any purpose without the permission of THE CLOWDER GROUP, LLC is strictly prohibited.
BY DOWNLOADING AND/OR USING ANY MEDIA (COLLECTIVELY, "DVD ") PROVIDED TO YOU BY OR ON BEHALF OF THE CLOWDER GROUP, LLC AND ITS AFFILIATED ENTITIES ("THE CLOWDER GROUP") YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER PURCHASE AGREEMENT ("PURCHASE AGREEMENT"); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE TERMS OF THIS PURCHASE AGREEMENT. IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, THE DVD.
This Purchase Agreement contains details on your limited right and license to use the DVD provided. This Purchase Agreement is between you and The Clowder Group and not any other party.
The DVD contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. Hereafter referred to as the “Film”. The film is licensed, not sold or given, to you by The Clowder Group for use only under the terms of this Purchase Agreement and all rights not specifically granted to you herein are reserved to The Clowder Group and to any third party with ownership rights in the film and documentation used in the DVD. You may not remove any proprietary notice of The Clowder Group or any other party from any copy of the film or documentation.
The rights granted under the terms of this Purchase Agreement include any DVD upgrades that replace and/or supplement the original DVD.
The Clowder Group reserves the right, from time to time, with or without notice to you, to change the terms of this Purchase Agreement in our sole and absolute discretion. The most current version of this Purchase Agreement will supersede all previous versions. Your use of the DVD after changes are made means that you agree to be bound by such changes. As such, you should review the Purchase Agreement periodically.
2. Permitted Use/Restrictions (please read carefully)
2.1 Grant of Limited License. The Clowder Group grants you (which, for purposes of this Purchase Agreement, shall include members of your immediate staff) a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this Purchase Agreement, to use the DVD provided to you by or on behalf of The Clowder Group.
LIMITATIONS OF USE FOR LIBRARIES AND CLASSROOMS
(i). Classroom Use of Videos
Classroom use is permissible only when all of the following conditions are met:
The performance must be by instructors.
The performance is in connection with face-to-face teaching activities.
The entire audience is involved in the teaching activity.
The entire audience is in the same room or same general area.
The teaching activities are conducted by a non-profit education institution.
The performance takes place in a classroom or similar place devoted to instruction.
The person responsible for the performance has no reason to believe that they are using a copy of the original DVD.
(ii). Library Use of Videos
Libraries that permit patrons to watch this DVD must strictly limit the viewing to one individual or a very small group and must not levy charges or fees.
Previewing the DVD before borrowing it is conducted in a private space.
As a condition of the limited license for the film granted to you in this Purchase Agreement, except as, and only to the extent expressly permitted in this Purchase Agreement or by applicable law which cannot be waived by this Purchase Agreement, you may NOT:
publicly exhibit the film in a public room (including an institution’s meeting rooms), whether or not a fee is charged. Such exhibitions require a separate exhibition license from The Clowder Group. The only exception would be educational programs meeting all seven requirements listed above.
publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the film or any part thereof;
copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the film to human readable, audible or viewable form;
transmit or make the film available over a network where it could be used by multiple computers;
make any third-party presentation contained in the film a standalone product;
take any action that will infringe on the intellectual property or other proprietary rights of The Clowder Group or any third-party DVD provider;
sublicense or assign the DVD ;
view any of the DVD provided by The Clowder Group or its suppliers anywhere other than within the country or location authorized by The Clowder Group ("Territory"); and
instantly watch the film outside of the Territory.
The Clowder Group may use technologies to verify your compliance.
2.4 No ownership rights. You have no ownership rights in any portion of the film. Rather, you have purchased use of the DVD as long as this Purchase Agreement remains in effect. Ownership of the DVD and all intellectual property rights therein shall remain at all times with The Clowder Group and/or its licensors. Any other use of the DVD by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this Purchase Agreement.
3. Third Party Content/Third Party DVD
Content. Title and intellectual property rights in and to any content displayed by or accessed through the DVD belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to Purchase Agreement of the third party providing such content. Apart from your right to view the third-party content, this Purchase Agreement does not grant you the right to copy, distribute, prepare derivative works, publicly display, or make other use of such content. You are prohibited from engaging in or facilitating the unauthorized P2P file-sharing of third-party content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such third-party content.
Film. There are media contained within the film that have been licensed to The Clowder Group by third parties. The term "film " as used herein shall refer to such third-party media except where the term film refers expressly to the ownership or other specific rights of THE CLOWDER GROUP. The same terms and conditions, including all limitations and restrictions, set forth in this Purchase Agreement apply to each third-party DVD program contained in the DVD. Certain DVD programs specified in the licenses referenced in Section 10 ("Notices") below may contain additional grants and/or restrictions.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR OPENED DVDS. At any time, and for any reason, we may provide a refund, discount, or other consideration (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time.
5. Consent to Use of Data
On line forms may provide The Clowder Group with information related to your use of The Clowder Group rental service, including DVD (and portions thereof) viewed, amount of time viewed, information regarding your computer system, such as a unique device identifier, your operating system, existing DVD, amount of available storage space and internet connectivity, and your interaction with the DVD. This information will, among other things, enable The Clowder Group to manage rights associated with the content, allow The Clowder Group to help you use the DVD more effectively, enforce The Clowder Group Purchase Agreement and otherwise help The Clowder Group to enhance and improve the DVD and The Clowder Group rental service.
6. Export Law Assurances
You may not use or otherwise export or re-export the DVD except as authorized by United States law and the laws of the jurisdiction in which the DVD was legally obtained or authorized by THE CLOWDER GROUP. In particular, but without limitation, the DVD may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the DVD, you represent and warrant that you are not located in any such country or on any such list.
7. U.S. Government End Users
The DVD and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial DVD " and "Commercial DVD Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial DVD and Commercial DVD Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
This Purchase Agreement is effective until terminated. Your rights under this Purchase Agreement are terminable by The Clowder Group at any time without notice. Further, this Purchase Agreement will terminate if The Clowder Group finds that you have violated any of the terms of this Purchase Agreement. No waiver of any breach of any provision of this Purchase Agreement by The Clowder Group shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of The Clowder Group. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this Purchase Agreement.
Your ability to use The Clowder Group DVD is subject to your system compatibility. Compatibility of system requirements with the DVD is your responsibility.
Upon the termination of this Purchase Agreement, you shall cease all use of the DVD and The Clowder Group films and return all copies, full or partial, of the DVD.
9. Disclaimer of Warranties and Limitations on Liability
The DVD is provided "AS IS." The Disclaimers of Warranties and Limitations of Liability set forth in the Purchase Agreement expressly apply to this Purchase Agreement, the film and the use of the DVD. We do not warrant that defects in the DVD will be corrected.
10. The Clowder Group contact information
Any questions, complaints or claims regarding the DVD shall be directed to firstname.lastname@example.org
Privacy and Communications Preferences
The Clowder Group may send you newsletters about new The Clowder Group features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, you can also find the unsubscribe instructions within the latest communication.
By using The Clowder Group DVD, you consent to receiving electronic communications from THE CLOWDER GROUP. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our rental service. These communications are part of your relationship with THE CLOWDER GROUP. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Right to Terminate
We reserve the right to terminate or restrict your use of our rental service, without notice, for any or no reason whatsoever.
How Our DVD service works
Gen Silent/Reel in the Closet: Library Edition is film licensed to purchasers provided on a single DVD.
Disclaimers of Warranties and Limitations on Liability
THE CLOWDER GROUP DVD AND FILM, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE CLOWDER GROUP DVD AND FILM, OUR WEBSITE AND USER INTERFACES. THE CLOWDER GROUP DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CLOWDER GROUP DVD WILL BE ERROR-FREE, AND YOU AGREE THAT THE CLOWDER GROUP MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE CLOWDER GROUP DVD, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. THE CLOWDER GROUP SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, THE CLOWDER GROUP READY DEVICES, AND THE CLOWDER GROUP DVD (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR DVD). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by The Clowder Group DVD; and (ii) any losses or damages arising from the use of the content provided, user interfaces, or otherwise through The Clowder Group service itself, including any losses or damages arising from use of related DVD , or any conduct by users of The Clowder Group website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our DVD is complete or current. We do not make any representation with respect to the content contained on our website and user interfaces. We do not represent or guarantee that your use of The Clowder Group products, websites or user interfaces will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon The Clowder Group or its affiliated parties.
THE CLOWDER GROUP MAKES NO REPRESENTATION OR WARRANTIES CONCERNING THE CLOWDER GROUP THE COMPATIBILITY OF DVD PLAYING DEVICES WITH OUR PRODUCTS.
The Clowder Group rental products, including all content included on the http://gensilent.com/ website and user interfaces including, but not limited to, presentations you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and DVD , are the property of The Clowder Group or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any DVD or other materials provided by The Clowder Group on our website and user interfaces are the exclusive property of The Clowder Group and its licensors and are protected by the copyright and trade secret laws in the territories in which The Clowder Group rental service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from The Clowder Group or its licensors. You agree to adhere to the restrictions set forth under "The Clowder Group DVD " and "Limitations on Use." You agree not to decompile, reverse engineer or disassemble any DVD or other products or processes accessible through The Clowder Group rental service, not to insert any code, images, sound or product or manipulate the content of The Clowder Group film in any way. The Clowder Group reserves the right to terminate your membership hereunder if THE CLOWDER GROUP, in its sole and absolute discretion, believes that you are in violation of The Clowder Group restrictions against copying DVD provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of The Clowder Group and its licensors. The Clowder Group does not promote, foster or condone the copying of movies & TV shows or any other infringing activity. The use of The Clowder Group products, DVDs and films made available to you by us, is solely for use within the “Limitations on Use”. Please see the instructions at the end of these Purchase Agreement for notifying us of the presence of any allegedly infringing content of The Clowder Group products, including any on The Clowder Group website and user interfaces.
Gen Silent and Reel in the Closet are registered trademarks of THE CLOWDER GROUP. The Clowder Group, Gen Silent and Reel in the Closet logos and images are trademarks and service marks of THE CLOWDER GROUP. The Clowder Group website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and rental service names constitute trade dress of THE CLOWDER GROUP, LLC.
The trademarks, rental service marks and trade dress of The Clowder Group may not be used or reproduced without prior written approval from The Clowder Group and may not be used in connection with any product or service that is not affiliated with THE CLOWDER GROUP, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of THE CLOWDER GROUP, or in any manner that disparages or discredits THE CLOWDER GROUP.
Other trademarks that appear on The Clowder Group website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by THE CLOWDER GROUP. Any images of persons or personalities contained on The Clowder Group website and user interfaces are not an indication or endorsement of The Clowder Group or any particular product or our rental service unless otherwise indicated.
Use of Information Submitted
The Clowder Group is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to The Clowder Group websites and user interfaces, 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 Clowder Group rental service. Furthermore, by posting any Feedback on our sites, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, DVD or technology of any kind now existing or developed in the future.
Please note The Clowder Group does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to The Clowder Group. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against The Clowder Group and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Your Conduct in Accessing The Clowder Group Rental service
By use of The Clowder Group products or website and user interfaces, you agree to use the website and user interfaces and all content and DVD associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the rental service or content therein. You also agree not to conduct yourself in a vulgar or offensive manner while presenting The Clowder Group products, or use The Clowder Group products for any unlawful purpose.
Links and Pages
Some of the hyperlinks on The Clowder Group website may lead to other websites or other content that are not controlled by, or affiliated with, THE CLOWDER GROUP. In addition, other websites may link to The Clowder Group website or The Clowder Group may include links to the websites of businesses, including those that have associations with us through certain programs. The Clowder Group has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or Purchase Agreement of these websites or Applications. You acknowledge and agree that The Clowder Group is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices.
Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers, including free trial. A valid Payment Method may be required when you redeem the promotion code; however, you will not be charged a during a complimentary rental period. If you received a promotion code through an offer by a third party, additional restrictions may apply.
These Purchase Agreement shall be governed by and construed in accordance with the laws of the state of Arizona, U.S.A. without regard to conflict of law’s provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
You and The Clowder Group agree that any dispute, claim or controversy arising out of or relating in any way to The Clowder Group rental service, including our website, user interfaces, these Purchase Agreement and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Purchase Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and The Clowder Group are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your The Clowder Group membership.
If you elect to seek arbitration, you must first send to THE CLOWDER GROUP, by certified mail, a written Notice of your claim ("Notice"). The Notice to The Clowder Group should be addressed to: General Counsel, THE CLOWDER GROUP, LLC, 20681 N. 56th Ave. Glendale, AZ 85308 ("Notice Address"). If The Clowder Group elects to seek arbitration, it will send, by certified mail, a written Notice to the address used on your order. A Notice, whether sent by you or by THE CLOWDER GROUP, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If The Clowder Group and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or The Clowder Group may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by The Clowder Group or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless The Clowder Group and you agree otherwise, any arbitration hearings will take place in the state of Arizona. If your claim is for US10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of The Clowder Group’ last written settlement offer made before an arbitrator was selected (or if The Clowder Group did not make a settlement offer before an arbitrator was selected), then The Clowder Group will pay you the amount of the award or US1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
IF YOU DO NOT ACCEPT THE FOREGOING PURCHASE AGREEMENT, DO NOT OPEN OR USE THIS PRODUCT.