RetroCOD, Inc. provides the content on the www.retrocod.com Website ("Website") in an effort to preserve and provide access to our collective cultural history and heritage that has been captured on amateur "home movies." Visitors to this Website are invited to utilize the online content for personal, educational, and other noncommercial purposes.
By using this Website, you accept and agree to abide by the following definitions and terms and conditions of use. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this Website.
RetroCOD, Inc. Corporation Contact Information
Age 13 or Older
By accepting these terms, you acknowledge that you are at least 13 years of age or older. This Website is intended for use only by those 13 years of age or older. If you are younger than 13, you should not use this Website.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications will become effective immediately upon being posted on the Website. Each modification will apply only to disputes arising after such modification has been posted. Your continued use of the Website after amendments are posted constitutes an acknowledgment and acceptance of this Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Copyright and Trademark Information
All materials contained in this Website (including Website design, text, graphics, digitized videos, interfaces, and the selection and arrangement thereof) are the copyrighted property of RetroCOD, Inc. or third parties; and, except as permitted by this Agreement, you may not reproduce, republish, resell, or redistribute material from this Website. You may view and download material from this Website only for noncommercial use. You agree that you will not use any robot, spider, or other automatic device, or manual process to copy our web pages or the content contained therein and that you will not reverse engineer the Website.
RetroCOD is a proprietary trademark of RetroCOD, Inc. RetroCOD Corporation's trademark may not be used in connection with any product or service that is not provided by RetroCOD, Inc. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the RetroCOD Corporation.
All other trademarks displayed on the Website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the websites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with RetroCOD, Inc.
We respect third-party intellectual property rights and have adopted policies intended to assure our compliance with all applicable intellectual property laws and we consider the use of all work contained herein to be fair. If you believe any material on the Website violates your intellectual property rights, please contact us at the e-mail address listed under Contact Information above and provide us with a description of a movie, created and downloaded by you, containing the material you believe is infringing. Please include the movie title, user e-mail address, user zip code and the date and time the movie was created. Also, please provide your contact information, and any other relevant information (e.g., trademark or copyright registration numbers). You must also include a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and, if you are not the owner of the allegedly infringed right, that you are authorized to act on behalf of the owner.
Disclaimer of Warranties
The Website is provided by the RetroCOD Corporation on an "as is" and "as available" basis. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Website, and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
To the fullest extent permitted by applicable law, we disclaim any and all representations and warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. While we take reasonable precautions against infection of the Website by malware, we cannot guarantee there will be no such infection, and you accept the risk of malware. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable in such jurisdictions.
Limitation of Liability.
RETROCOD, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE IN SUCH JURISDICTIONS.
Compliance with Laws
You are responsible for compliance with all applicable laws. You will use the Website only for lawful purposes and in compliance with all applicable state, federal, or international laws, regulations, or other government requirements.
You agree to indemnify and hold RetroCOD, Inc., its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs at arbitration, on trial or on appeal, in addition to all other sums provided by law, arising out of your use of the Website, your breach or alleged breach of this Agreement, or your violation or alleged violation of any right of any third party (including but not limited to claims arising from infringement of intellectual property rights and rights of privacy ).
Our Website may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of or the content located on or through any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. We encourage you to review the terms and conditions and privacy policies of third-parties' sites because your use of those third-party sites is subject to the respective terms and conditions of use and privacy policies of those sites. The inclusion of a link on the Website does not necessarily imply any endorsement by or affiliation with us.
Personally Identifiable Information (PII) of Website Users
The information we collect through this Website may include information from which you may be personally identified. Personally Identifiable Information ("PII") includes such information as your name, e-mail address, postal address, telephone number, and the like. We may also collect credit card information if you are purchasing products or services. The most common instance in which you may be required to send PII is when communicating with RetroCOD Corporation via email or a web-based form used to send information to us. This website collects PII only with your knowledge.
What We Do With PII
We use PII that we collect on our website for the following purposes: (a) to provide you with products or services you requested; (b) to provide you with notices regarding your account and the products or services that you are receiving, and for billing and collection purposes; (c) to respond to your inquiries; (d) to provide you with announcements, promotions, and other offers about our products and services, as well as the products and services of others; and (e) for any other purpose disclosed at the time the information is collected or to which you consent.
We will never intentionally disclose PII to any third party without your permission, except as may be required by law or by court order, to complete the transaction into which you are entering (e.g., transmitting your credit card information to the credit card company, giving a shipping company your address), to a business partner with whom we are collaborating, to an independent contractor employed by us to carry out or provide support for the operations of the Website or our business or under exigent circumstances to protect the personal safety or property of our users or ourselves.
Security of PII
While the RetroCOD Corporation takes reasonable security measures to keep PII confidential, we cannot guarantee that unauthorized access will never occur.
Non-personally Identifiable Information of Website Users
We may automatically record a variety of general and non-personally identifiable information from Website visitors. We may collect information including but not limited to: (a) which web pages you visited; (b) the order in which pages were visited; (c) which hyperlinks, if any, you "clicked"; (d) the Internet Protocol (IP) address of the visitor; (e) the type and version of the Web browser you are using; (f) the operating system in use; (g) the size and color resolution of the user's monitor; (h) the user's connection speed; (i) the date and time the site was visited; (j) the length of visits to certain pages; (k) other non-personally identifiable information; and (l) products/services you viewed and/or for which you searched.
This type of information is sent by your browser every time a request for a web page from our servers is made by your browser (i.e., every time you visit our Website). We may also use "cookies" and "clear GIFs" (also known as "pixel tags" or "beacons"). A cookie is a small amount of data that is sent to your browner from a server and stored on your computer's hard drive. Most browsers allow users to block the receipt of cookies, but doing so may compromise your ability to use certain features of our Website. A clear GIF is a small graphic image, typically used in connection with cookies, that is placed on a website or in an email message. A clear GIF can monitor certain user behavior, such as your usage of the Website, whether you opened an email message, or whether you clicked on a URL in an email message.
While we do not collect PII automatically, if you do provide PII, we may associate that information with the information that is collected automatically.
Collecting and analyzing this information may allow us to determine the most and least popular sections of the Website, the times and dates that the Website is most visited, and the geographic areas in which our visitors live. We may use this information to improve our Website and to make decisions about when to perform maintenance and upgrades.
If any provision of this Agreement is judicially declared to be invalid, unenforceable, or void by a court of competent jurisdiction, such decision shall not have the effect of invalidating or voiding the remainder of this Agreement, and the part(s) of this Agreement so held to be invalid, unenforceable, or void shall be deemed stricken, and the Agreement will be reformed to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of this Agreement shall have the same force and effect as if such part or parts had never been included.
The failure of either party to insist upon strict compliance by the other party with any of the terms or conditions of this Agreement shall not constitute a waiver of future violations of the same or any other term.
Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement.
Our Website is operated and provided in the State of Colorado. This Agreement is deemed executed in the State of Colorado and will be interpreted in accordance with the laws of the State of Colorado. Such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that our Website or other services are appropriate, legal, or available for use in other locations. Accordingly, if you choose to access our Website, you agree to do so subject to the laws of the State of Colorado. Venue is proper only in the County of Boulder, State of Colorado.
In the event that any action, suit or legal proceeding is initiated or brought to enforce any or all of the provisions of this Agreement, the prevailing party shall be entitled to such attorneys' fees, costs and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or court, the prevailing party shall be entitled to such attorneys' fees, costs and disbursements as are deemed reasonable and proper by the appellate court(s).
All limitations on our liability and on your use of this Website's materials, as well as the indemnity provisions, shall survive any termination of this Agreement or of your use of the Website.