TERMS OF USE

Welcome to the web site of 3db Productions, LLC (the “Web Site”).  The purpose of this Web Site is to provide you access to unique video recordings of residential and commercial real estate, athletic and social events, special events, and general business or recreational marketing products/services and other related links to meet your needs (the “Content”).  Please read these Terms of Use carefully before continuing with your use of this Web Site.  These Terms of Use will govern the use of the Web Site and apply to all internet traffic visiting this Web Site.  By accessing or using this Web Site, you specifically agree to these Terms of Use.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

3db Productions, LLC reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time.  Any such modifications will be effective immediately upon posting.  By using this Web Site after 3db Productions, LLC has posted such modifications, alterations or updates, you agree to be bound by such revised Terms of Use.

This Web Site may permit you to link to other web sites, that may or may not be affiliated with this Web Site and/or 3db Productions, LLC, and that may have Terms of Use that differ from, or contain terms of use in addition to, the Terms of Use specified here.  Your access to such web sites through links provided on this Web Site is governed by the terms of use and policies of those web sites, not this Web Site.

PRIVACY POLICY

Registration data and certain other information about you is subject to our Privacy Policy.  For each visitor to our Web Site, our Web server may recognize the visitor’s domain name and e-mail address (where possible).  Otherwise, we do not generally collect and maintain personally identifiable information about visitors to our Web Site unless you contact us via email.  From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our Privacy Policy.  If our information practices change at some time in the future we will post the policy changes to our Web Site to notify you of these changes.  If you are concerned about how your information is used, you should check back at this Web Site periodically.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This Web Site is controlled and operated by 3db Productions, LLC.  All Content on this Web Site, including, but not limited to, text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by 3db Productions, LLC, or by third party content providers, realtors, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to 3db Productions, LLC. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use.  You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of 3db Productions, LLC or the Providers.  Without the prior written consent of 3db Productions, LLC or the Providers, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of 3db Productions, LLC and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited.  As a condition to your use of this Web Site, you warrant to 3db Productions, LLC that you will not use this Web Site for any purpose that is unlawful or prohibited by these Terms of Use, including, without limitation, the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.  If you violate any of these Terms of Use, your permission to use this Web Site immediately terminates without the necessity of any notice from 3db Productions, LLC.  3db Productions, LLC retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms of Use.  You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including, but not limited to, any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without the prior written consent of 3db Productions, LLC.

PROHIBITED ACTIVITIES

You are specifically prohibited from any use of this Web Site, and you agree not to use or permit others to use this Web Site, to: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure, including, but not limited to, “spam” or other such unsolicited mass e-mailing techniques; (b) disclose or share any assigned confirmation numbers and/or passwords with any unauthorized third parties or use any assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, email or otherwise transmit any information, Content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; or (f) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web pages, or the Content, without 3db Productions, LLC’s prior written permission, provided that generally available third party Web browsers may be used without such permission.

 

LINKS

This Web Site may contain links to other web sites (“Linked Sites”).  When you use these links, you leave 3dbproduction, LLC’s Web Site.  3db Productions, LLC and its employees and agents are not responsible for the content of these other sites, and you access and use them at your own risk.  You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by 3db Productions, LLC or its affiliates or Providers.

DISCLAIMER OF WARRANTIES AND LIABILITY

ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS OF USE, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, 3db Productions, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  NEITHER 3db Productions, LLC, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY.  3db Productions, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, VIDEO, OTHER IMAGES, AND/OR MERCHANDISE ACQUIRED AS A RESULT OF YOUR USE OF THIS WEB SITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK.  YOU (AND NOT 3db Productions, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM.  YOU EXPRESSLY AGREE THAT NEITHER 3db Productions, LLC, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS AND ITS WEB HOSTING SERVICE PROVIDERS, AND THEIR SUPPLIERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, HOSTING, AND/OR OPERATION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE (INCLUDING, WITHOUT LIMITATION, USE OF OR ACCESS TO ANY RELATED SOFTWARE OR HARDWARE).  BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 3db Productions, LLC AND RELATED PERSONS AND ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, INACCURACY, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, VIDEOS OR OTHER IMAGES, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT 3db Productions, LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.  IN SUCH JURISDICTIONS, 3db Productions, LLC’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless 3db Productions, LLC, the Providers, and Web Site hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, insurers, and suppliers from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from your use of this Web Site or any violation by you of these Terms of Use.

THIRD PARTY RIGHTS

These Terms of Use are for the benefit of 3db Productions, LLC, its Providers, and Web Site hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, insurers, and suppliers.  Each of these individuals or entities will have the right to assert and enforce these Terms of Use directly against you on its or their own behalf.

JURISDICTIONAL ISSUES

Unless otherwise specified, the Content contained in this Web Site is presented solely for your convenience and/or information.  This Web Site is controlled and operated by 3db Productions, LLC from its offices in Boulder, Colorado.  3db Productions, LLC makes no representation that Content in its Web Site is appropriate or available for use in other locations.  Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations.  These Terms of Use will be governed by, construed and enforced in accordance with the laws of the State of Colorado, as they are applied to agreements entered into and to be performed entirely within Colorado.  Any action you, any third party or 3db Productions, LLC brings to enforce these Terms of Use, or in connection with any matters related to this Web Site, will be brought only in either the state or federal courts located in and for Boulder County, Colorado, and you expressly consent to the jurisdiction of said courts.  If any provision of these Terms of Use are held by any court of competent jurisdiction to be unlawful, void for any reason, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT

The provisions and conditions of these Terms of Use, and each obligation referenced herein, represent the entire Agreement between 3db Productions, LLC, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated either herein or in any written agreement specifically related to the Web Site or its content.  In the event that any inconsistencies exist between these Terms of Use and any future published Terms of Use, the last published Terms of Use will prevail.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY 3db Productions, LLC.

 

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