Movie maker 3D Terms of use

Effective: November 2023

Pepper Networks, LLC (“Pepper,” “we,” “us,” or “our”) offers this website, including its content and site functionality to you, the user, subject to and conditioned on your acceptance of the terms and conditions set forth below together with our privacy policy, found at http://www.moviemaker3d.com/privacy-policy.html (collectively, this “Agreement”).

By using the website, you agree that you have read, understand, and are bound by this Agreement. Pepper may, in its sole discretion, revise this Agreement from time to time by updating these terms and conditions or the privacy policy, with the new terms taking effect on the date of posting.

Limitation of Liability

IN NO EVENT WILL PEPPER, OUR AFFILIATES, LICENSORS, SUPPLIERS, OR ASSOCIATES BE LIABLE FOR, AND YOU CANNOT RECOVER, ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PEPPER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PEPPER WILL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED FIVE U.S. DOLLARS ($5.00). Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and are limited to those expressly provided for in this Agreement.

Assignment of Rights

Pepper retains the right to assign its rights, privileges, responsibilities, and obligations, as identified in this Agreement or in other documents, to a third party, in whole or in part, for administration, technical support, marketing, or any other purpose at any time without providing notice to you.

Indemnification

You agree to release, discharge, defend, indemnify and hold harmless Pepper, its parents, subsidiaries, officers, directors, employees and agents, assigns, sponsors and supporting artists, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, related to or arising out of your use in any way of the website.

Links

The website may include hyperlinks to websites operated by third parties and permit you to use and purchase products, services (including payment processing), and content that is made available by third parties or through their websites, software or services. The inclusion of any hyperlink to a website does not imply endorsement by Pepper of that website; the link may be for your reference and convenience only. Pepper is not responsible for any of the activities of any third party provider in offering online or other services or for any conduct by any user in connection with third party services. Products, services, and content offered to you through hyperlinked websites are subject to the terms and conditions posted on those respective websites, and the data collection practices of hyperlinked websites will be governed by the respective privacy policies of those websites, not by ours. Following hyperlinks to any other off-site pages or other websites is at your own risk, and any claims you have with respect to products, services, or content accessed through linked websites are claims against third parties, not against Pepper.

Unless otherwise prohibited under this Agreement or Additional Terms that govern your use of the website, you are hereby licensed to create hyperlinks to the content on the webite, provided that you do not inaccurately describe the content that appears on the website. We reserve the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you “frame” the website or any of their content or copy portions of those websites to a server, except as part of an Internet service provider’s incidental caching of pages. Each page of these websites displayed must appear in full (including all trademarks and branding), without any accompanying frame, border, margin, design, branding, trademark or promotional materials not originally displayed on the page within the website.

You may be able to access features of the website in connection with other websites and import information from other sources, including websites and files stored on a device or other hardware. By synching, importing, in any way using the website to access other websites and their features, or in any way using other websites to access any aspect of the website, you acknowledge and agree that Pepper may transmit information to other websites and that other websites may transmit information to Pepper. We will use information in accordance with this Agreement; other websites’ use of information is governed by their terms and policies. While Pepper endeavors to ensure that transmission of any information is secure, you acknowledge our liability for any error or harm is limited in accordance with this Agreement.

Copyrights

Pepper and its licensors retain full copyright ownership, rights and protection in all material contained on the website (including all digital images, software, HTML code and other code, or business methods). Except as otherwise expressly provided in this Agreement, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the website without the prior consent of Pepper or the copyright owner.

Copyright infringement

If you are the owner of a United States copyright and you believe that your work has been copied on this website or in connection with the website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the following information:

(A) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(B) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(D) your address, telephone number, and email address;

(E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:   Pepper Networks Copyright Agent
    710 14th Ave. W.
    Kirkland, WA 98033

or:   Pepper Networks Trademark Agent
    710 14th Ave. W.
    Kirkland, WA 98033

By email: copyright@moviemaker3d.com or trademark@moviemaker3d.com

Corporate Identification and Trademarks

All trademarks including ITU, service marks and trade names of Pepper, its partners and licensors (including without limitation: Pepper Networks, LLC; Movie Maker 3D, the Movie Maker 3D logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of Pepper or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without Pepper’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.

Notices

Pepper may deliver notice to you under this Agreement by means of electronic mail or a general notice on this website.
You may give notice to Pepper at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

Pepper Networks, LLC
710 14th Ave. W.
Kirkland, WA 98033
Attention: Legal Notice

General Provisions

This Agreement is governed by the internal substantive laws of the State of Washington, without regard to conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with Pepper or in any way relating to your use of the website (“Legal Action”), resides in the courts of King County in the State of Washington. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of King County in the State of Washington in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the Western District of Washington.

If a court of competent jurisdiction holds any term, covenant or restriction of this Agreement to be illegal, invalid or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect and will in no way be affected, impaired or invalidated.
The headings titles in this Agreement are provided solely for convenience and have no legal or contractual significance.
No waiver of any provision of this Agreement will be effective unless it is in a signed writing, and no waiver will constitute a waiver of any other provision(s) or of the same provision on another occasion.

Pepper will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.