General
These general terms and conditions govern the use of ‘motioncastle.com’, and signing up as a Client, you agree to be legally bound by these Terms and Conditions, including those terms and conditions incorporated by reference. Please read these terms carefully. If you do not accept the Terms and Conditions stated here without modification, you may not use the ‘motioncastle.com’ services. ‘motioncastle.com’ may revise these Terms and Conditions at any time by updating this posting ‘motioncastle.com’ reserves the right to revise these Terms and Conditions at any time . Any modification will take effect as from the date of publishing and will bind any user approaching ‘motioncastle.com from the date of publishing the updated post.You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
General
‘motioncastle.com’ and the Customer hereby agree to the following terms and conditions with respect to the provisions by motioncastle.com to the Customer of services which are identified and/or described in the service agreement attached to these terms and conditions.
The Customer will be provided with the Services chosen by him, as are detailed with pricing on the ‘motioncastle.com’ website. Customer’s Video will be created iteratively through a production process resulting in a final Digital Cinema Package conforming to Customer’s material provided.
Customer orders
Payment: The Customer ordering for any of the available services must pay for the Service in advance, by any of the payment methods provided by ‘motioncastle.com’. The Customers will be charged according to the services(s) selected.
Refunds:
The refund policy will not take effect once ‘motioncastle.com’ has started the production process.
Eligibility Requirements: The Customer must be at least 18 years of age, agree to these Terms and Conditions and the Privacy Policy, and complete the on-line form. By asking for our services, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the ordering process is complete and accurate and, if you are ordering services on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. ‘motioncastle.com’ may accept or reject your order in its sole discretion.
Operation of Web Site: ‘motioncastle.com’ shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. ‘motioncastle.com’ reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Although ‘motioncastle.com’ intends to use commercially reasonable efforts to make the Web Site and Service accessible, ‘motioncastle.com’ makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability. ‘motioncastle.com’ may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. ‘motioncastle.com’ shall not be responsible for any loss, cost, damage or liability that may result.
Licensing the font used in the subtitle of a Digital Cinema Package (both Custom and Pre-Made) is the responsibility of the Customer. motioncastle.com will hold your video files in our archives for 3 months from the time of ordering. This service is not guaranteed so it is advisable to keep safe your files once delivered. ‘motioncastle.com’ may charge a reasonable amount for re-supplying the Digital Cinema Package or source files from our archives after the initial delivery.
Disclaimers, Limitations of Liability
The Service serves solely as a venue for the conversion of work and motioncastle.com does not screen or censor any information or material posted to the Web Site. Although motioncastle.com makes commercially reasonable efforts to determine the identity of Customers, ‘motioncastle.com’ cannot and does not confirm that any Customer or other user is who they claim to be or that any Customer or other user has the qualifications he or she claims to have. Because motioncastle.com does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you release motioncastle.com (and our affiliates, agents and employees) from all claims, demands and damages (actual, consequential, direct, indirect, incidental, special and exemplary) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The service and the responses are provided “as is.” motioncastle.com makes no representation or warranty of any kind whatsoever to the customer or any other person relating in any way to the service, including any part thereof, or other content that may be provided by www.motioncastle.com. www.motioncastle.com disclaims any warranty related to the accuracy of the output devices used by the customer -whatever its nature- and keep the right to state the specifications of a given Digital Cinema Package by using standard color and measure. the customer will accept those specifications as those corresponding to the chosen Motion Castle. www.motioncastle.com disclaims to the maximum extent permitted by law, any and all such representations and warranties.
Without limiting the generality of the foregoing, motioncastle.com disclaims to the maximum extent permitted by law any and all (i) warranties of merchantability or fitness for a particular purpose, (ii) warranties against infringement of any third party intellectual property or proprietary rights, (iii) warranties relating to delays, interruptions, errors, quality or omissions in the service, (iv) warranties relating to the transmission or delivery of the service, and (v) warranties otherwise relating to performance, nonperformance, or other acts or omissions by motioncastle.com or any third party. further, and without limiting the generality of any of the foregoing, there is no warranty that the service will meet the customer’s needs or requirements or the needs or requirements of any other person.
Neither motioncastle.com nor any third party shall be liable to you or any other person for any remedy, liability, damages, costs, or losses whatsoever relating in any way to the web site and the provided Digital Cinema Package, including any part thereof, or any other content, whether arising under these terms and conditions or applicable law, including contract, tort, statutory, or any other law.
In no event shall motioncastle.com or any third party be liable to you or another person for consequential, incidental, special, exemplary, punitive, or indirect damages arising under or in any way related to the service provided by motioncastle.com, including any part thereof, or any other content, (including lost profits, loss of business or data, business interruption, trading losses, and damages that result from inaccuracy of the information or inconvenience, delay, or loss of the Digital Cinema Package provided by motioncastle.com, even if motioncastle.com or any third party has been advised of the possibility of such damages or losses.
This Website is provided “as is,” with all faults, and motioncastle.com express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Variation of Terms
Motion Castle Company is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
Termination
motioncastle.com reserves the right, in its sole discretion, to terminate the Service, at any time, with or without notice. In the event of such termination, motioncastle.com will work with the Customer to determine the amount of any refund (if any) to be paid to the Customer as a result of such termination. Should the Customer’s use of the Service result from the Customer’s material breach of the terms and conditions of this Agreement, or any other agreement to which motioncastle.com and the Customer are a party, the Customer shall not be entitled to any refund, unless otherwise mutually agreed upon by the parties.