Terms of Service
Welcome to MomentsCaptured. We hope you enjoy our service, and that you find it easy and enjoyable to use, and that the movies you create delight your family and friends.
Before you begin using this aVinci technology, (herein referred to as "we," "us," or "the Company"), please read the following Terms of Service ("Terms") carefully. If you ("you") use any portion of this web site or software, you agree to and accept these Terms and Conditions, privacy policy, and copyright policies associated with the software and web site. Using our web site or software will represent a binding agreement between you and aVinci. To decline acceptance, do not use this web site or the aVinci software. You agree that this agreement and those documents referenced are enforceable like any written agreement signed by you. Note that any breach of these Terms may result in termination of our Service to you.
1. Definitions
"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s), DVD(s) or other media with which this Agreement is provided, including but not limited to (i) all computer information or software; (ii) presentation templates, digital images, stock photographs, video clips, and other media, clip art, fonts, audio clips and other sounds or other artistic works ("Stock Files"); and (iii) related explanatory written materials or files ("Documentation"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Company" means Sequoia Media Group, LC, a Utah limited liability company.
2. Software License
As long as you comply with the terms of this Agreement, the Company grants you a non-exclusive license to Use the Software for the purposes described in the Documentation. The Software license granted to you to Use the Software is limited to "personal use" meaning you may Use the Software to create or view media presentations for personal use. This Software license does not allow you to use the Software to create media presentations for commercial sale, or for other persons, companies or entities, or as a service bureau or application service provider, or to perform services for or to provide or produce products to or bundle services to others for a fee.
3. Intellectual Property Rights
The Software, Stock Files, and Documentation are the intellectual property of the Company and/or its licensors and are protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, Stock Files, or Documentation. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested the Company to provide the information necessary to achieve such operability and the Company has not made such information available.
4. Disclaimer
THE COMPANY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE COMPANY MAKES WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of this section shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
5. Order Acceptance
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
6. Sales Taxes
Sales taxes are collected for residents of the state of Utah at the Utah and Salt Lake County tax rate of 6.85%. In the event excess taxes are collected, the user expressly consents to Sequoia retaining any excess collected as revenue. In no event will the customer be entitled to any refund of any portion of the 6.85% collected.
7. Member Discounts
Costco member discounts are calculated on the total order price of products sold. Discounts do not apply to taxes or shipping and handling.
8. Limitation of Liability
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THE COMPANY'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE OF AMOUNT PAID FOR THE SOFTWARE, IF ANY.
9. Export Rules
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
10. Governing Law
This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of Utah. The respective courts of Salt Lake County, Utah shall have exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11. Notice to U.S. Government End Users
The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software 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 are reserved under the copyright laws of the United States.
For U.S. Government End Users: The Company agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.