Terms of Use

 

By visiting www.codeofevil.com and or www.kerosenefilms.com, (“Kerosene Films, LLC’s websites”) you signify your agreement to the Terms of Use of Kerosene Films, LLC.  If you do not wish to be bound by the terms of use, please do not use, visit or browse Kerosene Films, LLC’s websites.


Applicability


This website is controlled and owned by Kerosene Films, LLC and is intended to be useful and entertaining to its users as well as to promote projects, motion pictures, products and programs. This website is controlled and run by Kerosene Films, LLC from its offices in the State of Texas. We make no representation that the materials and content of this site are appropriate or available for use outside the United States. Visitors from outside the United States are responsible for compliance with all applicable local laws.


Intellectual Property


All content and materials featured on this site are protected by copyrights, trademarks, service marks, trade secrets and/or other proprietary laws. All word marks, names, texts, logos, trademarks, service marks, copyrights, images, button icons, digital downloads, clips, photographs, illustrations, biographies, synopses (collectively "IP Materials") are either owned by Kerosene Films, LLC or licensed to Kerosene Films, LLC. The compilation of all the content on Kerosene Films, LLC's websites is the exclusive property of Kerosene Films, LLC or its content providers and is protected by US and international copyright laws. All software used on this site is the exclusive property of Kerosene Films, LLC or its software providers and is protected by U.S. and international copyright laws. “Kerosene Films, LLC,” “Spirit Camp” and other marks appearing on Kerosene Films, LLC's website are copyrights and/or trademarks owned by or licensed to Kerosene Films, LLC. The IP Materials may not be used on any other products or in any manner without express written consent.


Notwithstanding the foregoing, you may view and use one copy of the material on Kerosene Films, LLC's website on any single computer for your personal and non-commercial purposes only provided that you keep all copyright and other proprietary notices intact. You may not disseminate, reproduce or modify the IP Materials without the express consent of the intellectual property rights owners. If you want to reproduce the materials for commercial purposes, contact Kerosene Films, LLC to negotiate a license. You may not attempt to circumvent the security, modify or change any of the content on Kerosene Films, LLC's websites.


Third-Party Website Links


This website may provide links to related and independent third-party websites for your convenience, including websites run by Kerosene Films, LLC's affiliates and sponsors. Kerosene Films, LLC is not in control nor responsible for the content and material featured on any third-party website. Kerosene Films, LLC does not review the content of the third-party websites and the inclusion of a link does not imply endorsement of the website. You access other sites at your own risk and you should review their Terms of Use and Privacy Policies.


User Submissions, Conduct & Grant of Limited License


You will use Kerosene Films, LLC's websites and all of its contents for lawful purposes and at your own risk. You assume full responsibility and liability for all claims arising from your use. You agree that your access to any Kerosene Films, LLC-sponsored areas (message boards, bulletin boards, chat rooms, surveys, etc.) and the like where visitors may post reviews, comments, upload, post or submit suggestions, ideas, notes, advice, concepts, techniques or other information will be lawful. You represent and warrant that you own or otherwise control all of the rights to the content you post, that the content is original, accurate and will not infringe, injure or violate any rights of any third party (person or entity) and that it will not be obscene, vulgar, offensive, pornographic, threatening, defamatory, invasive of privacy and further will be free of any software containing viruses, worms, Trojan horse(s), or other computer codes that may disrupt or corrupt Kerosene Films, LLC's software or services, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam." You may not collect or store personal information regarding other users without their express permission. You will not impersonate any other person while using Kerosene Films, LLC's websites nor provide us with a false email address. Kerosene Films, LLC reserves the right to monitor and remove content from its site without notice.


All submissions to Kerosene Films, LLC will become the property of Kerosene Films, LLC and may be used by Kerosene Films, LLC and its affiliates without notice or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, modifying or improving Kerosene Films, LLC's websites and materials. By your submission you grant Kerosene Films, LLC, its affiliates, community partners and assignees a royalty-free, perpetual, irrevocable, non-exclusive license to use such material for any type and kind of use whatsoever in any media now known or hereafter devised. Further, you authorize Kerosene Films, LLC to use your name in connection with the material you provide.


Transactions


During your visit to Kerosene Films, LLC's websites you may elect to engage in a transaction involving the purchase of products, print or online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are handled by a third-party processing merchant vendor, agent, bank or distribution institution. While in most cases transactions are completed without difficulty, we cannot guarantee "perfect security" on the Internet or offline and we are not responsible for the success or security of transactions processed by third parties.


Information on this website may change without notice and may contain inaccuracies or typographical errors including errors in prices. On occasion, a product or service may be offered on a first-come, first-served basis, may not be available at the time or at the price as it appears in an advertisement, and may change due to information received from our advertisers or suppliers. Kerosene Films, LLC is not responsible for such errors or discrepancies.


Disclaimer of Warranties


YOU EXPRESSLY AGREE THAT YOUR USE OF KEROSENE FILMS, LLC'S WEBSITES, ITS CONTENT AND ANY PRODUCTS OR SERVICES PURCHASED VIA KEROSENE FILMS, LLC IS SOLEY AT YOUR OWN RISK. ALL MATERIALS, CONTENT, PRODUCTS AND SERVICES OFFERED AND PROVIDED BY KEROSENE FILMS, LLC VIA KEROSENE FILMS, LLC'S WEBSITES ARE PROVIDED "AS IS" AND "AS AVAILABLE." KEROSENE FILMS, LLC DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KEROSENE FILMS, LLC, ITS MANAGERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, COMMUNITY PARTNERS, FULFILLMENT COMPANY, VENDORS, LICENSEES NOR ANY PERSON/ENTITY INVOLVED WITH THE CREATION, PRODUCTION AND DISTRIBUTION OF KEROSENE FILMS, LLC'S WEBSITES AND PRODUCTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN KEROSENE FILMS, LLC'S WEBSITES WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND KEROSENE FILMS, LLC ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES OR OTHER CONTENT OF KEROSENE FILMS, LLC'S WEBSITES. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.


KEROSENE FILMS, LLC DOES NOT ENDORSE ANY MATERIAL, INFORMATION, CONTENT OR OPINIONS INCLUDED AND/OR EXPRESSED BY THE USERS OF KEROSENE FILMS, LLC'S WEBSITES ON ANY BULLETIN BOARDS, CHAT AREAS OR OTHER FORUMS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH MATERIAL, INFORMATION OR OPINIONS. KEROSENE FILMS, LLC RESERVES THE RIGHT TO, AT ITS SOLE DISCRETION, REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME ALTHOUGH KEROSENE FILMS, LLC IS UNDER NO OBLIGATION TO MONITOR OR REVIEW THE USER'S CONTENT.


THE ABOVE WILL APPLY TO THE EXTENT PERMISSIBLE BY LAW.


Corrections


While we make every effort to ensure the accuracy of product and price information, errors do occasionally occur. We reserve the right to correct any errors or inaccuracies at any time. We apologize for any inconvenience this may cause.


Returns/Refunds


If you are not completely satisfied with your purchase made from the Kerosene Films, LLC’s websites, you may return it within 14 days of purchase for a refund, less shipping costs and a $5.00 restocking fee. DVD returns must be in their original, unopened, shrink-wrapped condition. You must include a copy of your packing slip and ship the product to the returns address located at the bottom of your packing slip. If you purchased from Amazon.com, or another third party, you must follow their return policy.


International Orders - Customs, Duties & Taxes


You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from Kerosene Films, LLC websites, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.


Prices


The prices on the site will not necessarily match prices in Kerosene Films, LLC's catalogs or retail outlets. The prices on the site are valid only on the site and cannot be matched over the phone or in retail outlets. That means if the site has a promotion, that promotion can only be received on the site and will not be honored over the phone.


Risk of Loss


All items purchased from Kerosene Films, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.


Limitation of Liability


KEROSENE FILMS, LLC, ITS MANAGERS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES/COMMUNITY PARTNERS, VENDORS, ETC. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, OR OTHER LINKED WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE EVEN IF KEROSENE FILMS, LLC HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF DAMAGE.


THE ABOVE WILL APPLY TO THE EXTENT PERMISSIBLE BY LAW.


Indemnification


You will indemnify Kerosene Films, LLC, its managers, officers, directors, shareholders, members, employees and assigns and its affiliated and subsidiary companies, affiliates, community partners, agents, vendors, licensees and each of its successors, licensees, heirs, and assignees of each from and against any and all claims, losses, damages (including reasonable attorney's fees) constituting and arising out of a breach of any of the provisions of these Terms of Use, including, without limitation, your placement or transmission of any content onto Kerosene Films, LLC's servers and/or from any and all use of Kerosene Films, LLC's websites.


If we believe that at any time you have violated any of these Terms of Use we may terminate your access to Kerosene Films, LLC's websites.


Governing Laws


These terms of use shall be governed and construed by the laws of the State of Texas. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.


Disputes


You agree and stipulate that all claims, disputes and other matters in question between Kerosene Films, LLC and You arising out of or relating to this Agreement or the breach thereof will be decided by arbitration in accordance with the Federal Arbitration Act (9 U.S.C. §§ 10 and 11) and the Commercial Arbitration Rules of the American Arbitration Association subject to the limitations of this Agreement. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association within 90 days after the claim, dispute, or other matter in question has arisen. Any such dispute or matter shall be resolved by binding and final arbitration of a single arbitrator mutually agreed to by Kerosene Films, LLC and You conducted in the County of Harris, State of Texas, USA. Neither party shall be entitled to any discovery unless otherwise agreed by the parties at the time of the arbitration. The parties shall exchange exhibits and witness lists 30 days before the arbitration. The arbitrator's decision shall be contained in a written award, unless otherwise agreed at the time. The prevailing party in any such arbitration shall be entitled to attorney's fees and other out of pocket costs, expenses or fees including expert witness fees and expenses reasonably and necessarily incurred in connection with such arbitration, the amounts of which shall be contained in the written award of the arbitrator. This agreement to so arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Agreement will be specifically enforceable under the prevailing law of any federal or state court having jurisdiction in Harris County, Texas, USA.

Statute of Limitations. In no event shall any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Any question regarding the disputed statutes of limitations shall be resolved in writing by the arbitrator prior to hearing any other matter.

Third Parties. No arbitration arising out of, or relating to, this agreement shall include by consolidation, joinder or in any other manner any other person or entity who is not a party to this contract unless: (i) the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration and/or such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings; and (ii) written consents of the other person or entity sought to be included and that of Kerosene Films, LLC and You have been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent.

Enforceability of Award. The award rendered by the arbitrators will be binding and final, and judgment may be entered upon it in any court having jurisdiction thereof and will not be subject to modification or appeal except to the extent permitted by §§ 10 and 11 of the Federal Arbitration Act (9 U.S.C. §§ 10 and  11).


Changes


Please check the Terms of Use periodically for changes. The Terms are subject to change at any time without notice and your continued use of this site following the posting of any changes constitutes acceptance of the changes. The terms of the current version will supersede any prior versions.


Kerosene Films, LLC's Terms of Use were updated on November 15, 2009.