Please read these Terms of Use (“Agreement”) carefully before using the services offered by Green Samsara (the “Company”). This website and domain name, and any other features, content, or applications offered from time to time by the Company in connection therewith (collectively “Website”) are owned and operated by the Company. This Agreement sets forth the legally binding Terms and Conditions for your use of the website. By using the Website in any manner, including but not limited to visiting or browsing the Website, you agree to be bound by this Agreement and the Company’s Privacy Policy posted on the Website, which is incorporated herein by this reference, and you acknowledge that the Website may include audio, textual and visual depictions of a sexual nature, including without limitation, nudity, heterosexual and homosexual situations.
1. MODIFICATIONS TO THIS AGREEMENT
Company reserves the right, in its sole discretion, to modify this agreement at any time by posting a notice on the website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective upon first posting or notification, and use of the Website or any services by you following such posting or notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You agree to review this Agreement regularly to ensure that you are updated as to any changes. This Agreement, together with the Company Privacy Policy and any other legal notices published by company on the Website, shall constitute the entire agreement between you and Company concerning the Website.
2. WEBSITE ACCESS
2.1 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, Company hereby grants you permission to use the Website only as set forth in this Agreement, and provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Company’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose; (iv) you may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website; and (v) you may not decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Website.
2.2 In order to access some features of the Website, you may have to create a membership account. You may never use another’s account, username or password without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. You may be required to expressly accept or reject these Terms of Use when you register; you agree that any requirement that you do so does not in any way vitiate your assent to comply with the Terms of Use. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.
2.3 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Company servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. Company reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
3 INTELLECTUAL PROPERTY RIGHTS
The content on the Website, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Company, or used on the Website in accordance with fair use provisions or the U.S. Copyright Act and equivalent exemptions under foreign laws and international conventions.
The contents of the Website are based on the reporting and rating of nude scenes from films and television series. To illustrate these reviews there are short clips, published under the Italian “Newsworthy Press review” L. 22 April 1941, n. 633, Article 70 (“Legge sul diritto di rassegna stampa”) or under the fair use provisions, the United States Copyright Act, and equivalent exemptions under foreign laws and international conventions. The format of the Website follows a worldwide “celebrity skin magazine style” movie review format, protected by the First Amendment. Cinemacult contains still images of actresses from motion pictures, together with reviews, biographies, and commentary that, taken as a whole, are deemed newsworthy.
Company reserves all rights not expressly granted in and to the Website and the Content owned by or licensed to Company. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but not limited to, image, audio, and visual content, Marks, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, or (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
4. TERM
This Agreement shall remain in full force and effect while you use the Website. Company may terminate your access to the Website or your membership at any time, for any reason, and without warning. If your membership is terminated other than due to your breach of this Agreement or other misconduct, you may be entitled to a refund on a pro-rata basis.
5. FEES
Basic access to the Website is currently provided for free, but certain features of the Website may be accessible only to paid subscribers and Company reserves the right to change its fees and access policies from time to time, in its sole discretion. Company has a no charge-back, no refund policy, to the extent allowed by applicable law and except as otherwise expressly stated herein. You are free to cancel your subscription at any time. For your convenience billing is recurrent, so you should state your wish to cancel your membership at least 72 hours before it expires. All charges made to your Payment Method may incur applicable taxes. Our customer service representatives are available between 9:00 am and 5:00 pm CST, Monday through Friday, and can be contacted through our customer service form at: customer-service@cinemacult.com
6. USER COMMENTS; COPYRIGHT POLICY
6.1 The Website may permit users to post comments in certain areas of the Website (“User Comments”). You understand that Company does not guarantee any confidentiality with respect to any such User Comments.
6.2 You shall be solely responsible for your own User Comments and the consequences of posting or publishing them. You agree that Company has no liability with respect to any User Comments, and you hereby irrevocably release Company and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Comments or any part thereof. By submitting User Comments, you give Company a license to use and otherwise exploit such User Comments for any purpose in connection with the Website and Company’s other related services.
6.3 In connection with User Comments, you further agree that you will not: (i) publish falsehoods or misrepresentations; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; or (iv) impersonate another person. Company does not endorse any User Comment or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all responsibility or liability in connection with User Comments.
6.4 Company reserves the right to decide whether Content or a User Comment is inappropriate, or violates this Agreement, including without limitation, due to violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. Company also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend or terminate your access to all or any part of the Website at any time, for any reason, without prior notice. Notwithstanding the foregoing, Company assumes no responsibility for monitoring the Website, Content, or User Comments for inappropriate conduct, or modifying or removing such conduct, Content or User Comments from the Website.
6.5 While Company does not actively monitor Content posted to the Website, it is Company’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied, displayed or distributed by any of its advertisers, affiliates, content providers, members or users; and (2) discontinue services to and remove repeat infringers
7. THIRD PARTY WEBSITES
The Website may contain links to third party websites that are not owned or controlled by Company. When you access third party websites, you do so at your own risk. Company encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website that you visit. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites, including, without limitation, compliance with 18 U.S.C. Section 2257. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third-party site. By using the Website, you expressly relieve Company from any and all liability arising from your use of any third-party website.
8. WARRANTY DISCLAIMER
To the fullest extent permitted by law, Company, its suppliers and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof, including warranties of merchantability, fitness for a particular purpose and non-infringement. in addition, neither Company nor its suppliers, nor any of their respective officers, directors, employees, and agents, makes any warranties or representations about the accuracy or completeness of the website’s content or the content of any sites linked to the website, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (iii) any unauthorized access to or use of the secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Website; (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party; and/ or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any advertising, and Company 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 Website is controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions are responsible for compliance with local law.
9. INDEMNITY
You agree to defend, indemnify and hold harmless Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website or any Content that you post thereon; or (ii) your violation of any term of this Agreement or your representations and warranties set forth above.
10. ELIGIBILITY
By using the Website, you represent and warrant that (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older; (iv) you do not find materials of an adult nature objectionable and have the legal right to access and possess such materials in the community from which you are accessing these materials and in which you reside, and (iv) your use of the Website does not violate any applicable law or regulation. Your membership may be terminated without warning if Company believes that you are under 18 years of age. You will not permit any person(s) under the age of 18 (or who are otherwise not legally permitted) to have access to any of the materials contained on the Website.
11. LIMITATION OF LIABILITY
In no event shall Company, its suppliers, or their respective officers, directors, employees, or agents, be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages whatsoever, including lost profits, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Subject to the foregoing, Company’s liability to you for any reason, will be limited to the amount paid, if any, by you to Company for the Company services in connection with the Website during the term of your membership.
12. ASSIGNMENT
You may not transfer or assign this Agreement or any rights and licenses granted hereunder without the Company’s prior written consent. The Company may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.
13. GOVERNING LAW
This Agreement will be governed by and construed in accordance with the substantive laws of the State of Italy, European Union, without regard to conflict of laws and all disputes arising under or relating to this Agreement shall be brought and resolved solely and exclusively in the State Court located in Italy. Should any legal action be commenced in connection with this Agreement, the prevailing party in such action shall be entitled to recover, in addition to court costs, such amount as the court may adjudge as reasonable attorneys’ fees.
14. COMPLAINTS AND DISPUTE CONDITIONS
If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the State of Italy, European Union, without regard to conflict of laws provisions. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Ravenna, Italy, using the Italian language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration of Ravenna Chamber of Commerce (CCIAA) then in effect, by one commercial arbitrator(s) with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of CCIAA arbitrators in accordance with the Arbitration Rules and Procedures of CCIAA. Any arbitrator so selected shall have substantial experience in the media industry. The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. You may reject Section above on disputes and arbitration, by mailing a signed rejection notice to Green Samsara – via Zotti 20 – 47100 Forlì, FC – Italy, within thirty (30) calendar days after your first use of the Website. Any rejection notice must include your name, address, email address, telephone number. Any rejection of Section Complaints and disputes by you will not affect any other provision of this Agreement. Each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Italian Court (Tribunale) located in Ravenna, Italy, European Union.
Neither you nor company will have the right to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member in connection with this agreement or the Website. Further, unless both you and Company agree otherwise in writing, the arbitrator may not join or consolidate claims under this Agreement with claims of any other persons. The arbitrator shall have no authority to conduct any class, private attorney general or other representative proceeding, and shall award declaratory or injunctive relief only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a determination is made in a proceeding that the class action waiver is invalid or unenforceable, in that case, the foregoing sentence will remain in force and the remainder of this Section shall be null and void, provided, that the determination concerning the class action waiver shall be subject to appeal.
15. CORPORATE ADDRESS
Green Samsara via Zotti 20, 47122 Forlì, FC – Italy
