TERMS & CONDITIONS
These Terms of Service applies to the use of PM Studios’ Online Store located at www.pm-studios.com/store. The Website is owned and operated by PM Studios, Inc.
"You" means the user of the Site, "We/us" means PM Studios, Inc. and all of its associated and subsidiary companies, "Site" means the sites of PM Studios, Inc. and PM Studios Online Store on the World Wide Web. "Content" means the information and other material available within the Site.
We reserve the right to modify, replace, or add to any part of these Terms of Service at our sole discretion. It is your sole responsibility to check these Terms of Service for changes.
2. COPYRIGHT AND INTELLECTUAL PROPERTY
This Site and all of its Content, including user interfaces, text, graphics, trademarks, logos, images, artwork, button icons, audio clips, computer code, and digital downloads are owned, controlled, or licensed by or to PM Studios, Inc. and are protected by international copyright, trademark, patent, trade dress and other intellectual property or proprietary rights laws.
Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
3. YOUR USE OF THE SITE
a.) You are granted permission to view the information on the PM Studios Online Store's Site for personal viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
remove any copyright or other proprietary notations from the Content;
use hacking, password-theft, or any other illegal or illegitimate means to attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to PM Studios’ servers, or to any of the services offered on or through the Site;
use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer code" or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site, any data or Content found on or accessed through the Site or any other Content without our prior express written consent;
reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of the Site, including any PM Studios’ Online Store account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Site;
use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes on the rights of PM Studios, Inc.
b.) This license shall automatically terminate if you violate any of these restrictions and may be terminated by PM Studios’ Online Store at any time.
c.) We reserve the right to do any of the following without notice and at our own discretion:
to modify, suspend or terminate operation of or access to the Site, or any portion of the Site;
to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
4. YOUR ACCOUNT ON pm-studios.com
You agree that you are fully liable for all activity that occurs under your account. As such, you agree that it is your responsibility to safeguard the confidentiality of your account information, including your password, to prevent any unauthorized activity including purchases. You further agree to promptly notify PM Studios’ Online Store should you become aware of any actual or potential compromise of your account information or other breach of security. However, you may be held liable for losses incurred by PM Studios’ Online Store or any other user of or visitor to the Site due to someone else using your account.
It is expressly forbidden to use someone else’s account information unless the User has the express permission and consent of the holder of that account with these obligations.
THIS SITE IS PROVIDED “AS IS” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SITE OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by law, we disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Site, even if we and/or related parties have been advised of the possibility of such damages. Without limiting the foregoing, in no case shall the liability of PM Studios, Inc. or any of the related parties exceed the amount that you paid to PM Studios’ Online Store (not including the purchase price for any of PM Studios’ Online Store’s hardware or software) during the six (6) months prior to the time your cause of action arose.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of PM Studios, Inc. and its affiliates shall be limited to the fullest extent permitted by law.
You agree to indemnify and hold harmless PM Studios, Inc., its licensors, all of its affiliated companies and their respective directors, officers, employees and agents from and against any and all claims and expenses, including but not limited to attorneys’ fees, arising from
your use of the Website;
your violation of any term of these Terms of Service;
your violation of any third party right, including without limitation any copyright, property, or privacy right.
This defense and indemnification obligation will survive these Terms of Service and your use of our Site.
9. VIOLATION OF THESE TERMS OF SERVICE
You agree that PM Studios’ Online Store may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes but is not limited to
requests by law enforcement or other government agencies,
a request by you (self-initiated account deletions)
discontinuance or material modification of the Site or any service offered on or through the Site, or
unexpected technical issues or problems.
10. EQUITABLE REMEDIES
You hereby agree that PM Studios, Inc. would be irreparably damaged if the terms of these Terms of Service were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Service, in addition to such other remedies as we may otherwise have available to us under applicable laws.
11. GOVERNING LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by the state and federal courts in Los Angeles, California, and waive any objection to such jurisdiction. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between PM Studios, Inc. and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
12. VOID WHERE PROHIBITED
This Site is administered and operated from its location in Los Angeles, California USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
13. OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including, where applicable, representing that you are of sufficient legal age to use or participate in such a service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
The obligations of PM Studios, Inc., if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
PM Studios’ Online Store may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The Content on the Site with respect to products and services may be out of date, and PM Studios’ Online Store makes no commitment to update the Content on the Site with respect to such products and services.
This Site provides access to PM Studios’ Online Store internationally and, therefore, may contain references or cross references to products, programs and services that are not announced in your country. Such reference does not imply that we, in your country, intend to announce such products, programs or services.
If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement between you and PM Studios, Inc. with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and PM Studios, Inc. with respect to such use are hereby superseded and canceled. We will not accept any counter-offers to these Terms of Service, and all such offers are hereby categorically rejected. Our failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by PM Studios Inc. of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between PM Studios, Inc. and you or any other party be deemed to modify any provision of these Terms of Service. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
For any feedback, questions, or comments about the Terms of Service provided, please feel free to write or email us at the following:
PM Studios, Inc.
660 S. Myers St.
Los Angeles, CA 90023