Terms of Use

Postproduction.com User Agreement

Postproduction.com respects the privacy of its users. Please take time to review our privacy policy.

Postproduction.com has taken all reasonable measures to ensure the accuracy of the links and profiles within this website (http://www.Postproduction.com). We invite you to bring to our attention any information you believe to be inaccurate. Please respond to noland@postproduction.com, along with an explanation of your objection.

These are the Terms of Service effective on July 2, 2012.  The Web is an evolving medium. Postproduction.com may change the terms of this agreement from time to time. By continuing to use this service following such changes, you agree to be bound by this agreement, as modified. If at any time you find the Terms of Service unacceptable, you must immediately leave and cease all use of the Site.  YOU REPRESENT THAT BY USING THE SITE YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THE TERMS OF SERVICE.  Agreeing to these terms of services will subscribe you to our email list which you may opt out of at any time.  Postproduction.com may change, restrict access to, suspend, or discontinue this service, or any portion of this service, at any time. Postproduction.com makes no claims, guarantees or warranties in regard to accuracy or completeness of information and does not accept responsibility for any errors or omissions or any liability resulting from the use or misuse of any such information.  In the event that Postproduction.com becomes unavailable for any reason for any length of time, Postproduction.com cannot and will not be held liable for any result of such lack of access including any financial loss or inability on your part to connect with anyone or part of Postproduction.com. The provider reserves the right to refuse any material not in keeping with the professional standards of Postproduction.com. Further, there is no claim made to the legality or decency of material contained within linked sites, and all links are to be accessed at the user’s own risk. Postproduction.com, at its sole discretion, may choose to change the terms, conditions and operation of this website at anytime.

The profiles that appear on Postproduction.com are for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services you’ve read about on Postproduction.com, you should confirm with the vendor any information, including the price that is important to your purchasing decision. Postproduction.com is not responsible for, and does not guarantee the performance of, any such goods or services.

Registration on Postproduction.com’s Site. Before using certain of Postproduction.com’s services, you must read, agree with, and accept all of the terms and conditions contained in the Terms of Service and the terms and policies link from the Terms of Service, including, without limitation Postproduction.com’s Privacy Policy. We strongly recommend that as you read the TERMS OF SERVICE, you also access and read any linked information. All such policies contained in the linked information, as well as any other policies communicated to and accepted by you, whether by email or other methods (the “Additional Policies”) are incorporated into and made a part of the TERMS OF SERVICE. Changes to the Additional Policies may be made from time to time and, except for changes to the Privacy Policy, without notice. Your continued use of the Site and services shall constitute acceptance of the terms of the Additional Policies, as modified. When you are required to open an account to access certain of the Site’s services or offerings, you must complete the registration process. In order to register, you will be asked to provide a user name and password. You are entirely responsible for maintaining the security of your password. You may not use the account, username, or password of another persona at any time. You agree to notify Postproduction.com immediately upon any unauthorized use of your account, user name or password. Postproduction.com shall not be liable for any loss that you incur as a result of someone else using your password or account. You may be held liable for any losses incurred by Postproduction.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or passwo

An Upgraded Profile in the Postproduction.com directory is a monthly or annual paid premium profile. Upgraded Profile’s portfolios supersede all other profiles with a double high listing, hyperlinked pack, link to reel, pdf listing or colored background listing. Upgraded Profile’s portfolios can display: image, full contact information, description of products and services, links to e-mail and website, credits, clients, and jobs, associations/organizations, and streaming video. It is an Upgraded Profile’s responsibility to keep all portfolio information up to date and accurate. Upgraded Profile’s with a year long contract who elect to pay monthly and cancel their membership before fulfilling their annual contract will be charged an early termination fee of $175. (Early termination fee only applies to the first year of service)

Postproduction.com reserves the right to reject any company, individual, description, graphic, or URL. Postproduction.com reserves the right to revise its Upgraded Profile’s rates at any time. Violation of any part of this agreement may result in termination of Upgraded Profile’s privileges and the forfeiture of any and all payments made to Postproduction.com.  In the event your upgraded profile is terminated, Postproduction.com will refund your prorated portion of upgrade for the remainder of your unused contractual obligation.

1. Postproduction.com Project bidding

Postproduction.com Project Bidding functions as described on our site.  Postproduction.com reserves the right to monitor all bid requests and responses to bid requests submitted to Postproduction.com Project Bidding. Requests and responses to bid requests determined inappropriate, at the sole discretion of Postproduction.com, will be deleted from the system with financial reimbursement equal to no more than amount paid for bid request or response to bid request  . In the event that Postproduction.com becomes unavailable for any reason for any length of time, Postproduction cannot and will not be held liable for any result of such lack of access including any financial loss or inability on your part to connect with anyone or part of Postproduction.com. Postproduction.com vendors may only contact Buyers in regards to their specific requests submitted in the Postproduction.com Project Bidding section. Postproduction.com reserves the right to cancel the User Account of any User deemed to be misusing the service, at the sole discretion of Postproduction.com.  By using Project Bidding you agree to ALL Terms of Service stated in Postproduction.com’s Terms of Service agreement.

2. Listings

Postproduction.com listings is a service that brings production buyers and sellers together. The seller, not Postproduction.com, supplies information about a particular product or service. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller/provider. Though we hope that all who come to Postproduction.com will act honorably and treat each other fairly, we can’t verify the information they supply or guarantee the products or services they offer. When using this service to find a product or service, we urge you to use the same common sense and good judgment you would in selling goods and services through, or responding to, a classified ad in the newspaper.

Requesting to be listed in our directory is only a request, Postproduction.com reserves the right to accept or deny that request for any or no reason.  Postproduction.com also reserves the right to place your listing any where on the site at its sole discretion.

For your convenience, Postproduction.com has listed a variety of links to other websites, not operated by Postproduction.com, where you can obtain information on service providers or about specific equipment manufacturers and their products. While Postproduction.com encourages you to consult such websites, Postproduction.com cannot guarantee nor be responsible for the prices, terms, quality, reliability or performance of the products or services provided by these vendors.

Those who offer products and services through Postproduction.com should be prepared to provide the product or service they advertise at the price(s) at which, and the terms of which, they advertise them. To list any product or service on Postproduction.com, sellers are required to provide certain identifying and contact information. The information should accurately identify the seller and the method of contact should permit buyers to communicate directly with the seller without any alteration to the content of their communications. Postproduction.com reserves the right to deny use of this service to anyone who does not comply with these requirements or who otherwise uses the service in a manner we consider inappropriate. However, products or services placed on Postproduction.com should not be considered in compliance with the above requirements and Postproduction.com cannot guarantee nor be responsible for the prices, terms, quality, reliability or performance of the products or services provided by these individuals. Postproduction.com reserves the right to refuse to post any profiles deemed unacceptable by Postproduction.com. Postproduction.com reserves the right to cancel the User Account of any User deemed to be misusing the service, at the sole discretion of Postproduction.com.

 

3. Postproduction.com Job Classifieds

Postproduction.com acts as a venue for companies to post job opportunities. Postproduction.com does not screen or censor the profiles or other information. Postproduction.com has no control over the quality, safety or legality of the jobs or profiles posted the truth or accuracy of the listings, the ability of companies to offer job opportunities to candidates or the ability of candidates to fill job openings. Postproduction.com reserves the right to refuse to post any profiles deemed unacceptable by Postproduction.com. Postproduction.com reserves the right to cancel the User Account of any User deemed to be misusing the service, at the sole discretion of Postproduction.com.

4. Postproduction.com Calendar

Postproduction.com acts as a venue for companies and individuals to post events and other online resources for the production community. Although we strive to maintain these areas with the most informative and accurate information, we can’t insure the complete and total accuracy of the items and events posted in these sections.  We cannot and will not assume any responsibility for any event user might miss due to inaccurate listing on the part of Postproduction.com.  Postproduction.com reserves the right to refuse to post any profiles deemed unacceptable by Postproduction.com. Postproduction.com reserves the right to cancel the User Account of any User deemed to be misusing the service, at the sole discretion of Postproduction.com.

5. Contacting profiles on Postproduction.com

Registered Users on Postproduction.com have the ability to search and contact the profiles in the Postproduction.com Directory. Registered Users are only authorized to contact the profiles if they are interested in purchasing or hiring the services or products offered by the companies and individuals listed. Unauthorized uses that can result in a termination of the User’s Account include contacting profiles with the intention of trying to sell a product, pitch an idea, or solicit employment. Postproduction.com reserves the right to cancel the User Account of any User deemed to be misusing the service, at the sole discretion of Postproduction.com.

6. E-mail Addresses

If at the time of registration you indicated it was okay for Postproduction.com to send you our newsletter and/or other industry related offers, we will do so. E-mails will be sent by Postproduction.com, for Postproduction.com, or on the behalf of a third party. Postproduction.com is committed to providing the industry with a reputable service without intruding on your privacy. The e-mails that you receive help in supporting the free services Postproduction.com provides. If at any time you decide not to receive emails from Postproduction.com, please inform us by calling  800.767.8806 or unsubscribe at the bottom of the e-mail received.

7. Use of Content on the Site

In addition to the general restrictions listed above, the following restrictions and conditions apply specifically to your use of content while visiting Postproduction.com.

The content on Postproduction.com, except for all User Postings (as defined below), including without limitation, the text, software, scripts, graphics, photos, Terms of Service, sounds, music, videos, search engine optimization techniques, categories, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Postproduction.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, transmitted, distributed, broadcast, displayed, licensed, sold, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Postproduction.com reserves all rights not expressly granted in and to the Website and the Content.

You may access Videos only:

  • for your information and personal use;
  • as intended through the normal functionality of Postproduction.com; and
  • for Streaming.

“Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from Postproduction.com to a user’s electronic device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently saved, sold or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are only made available on an “as is” basis.

User Comments are made available to you for your information and personal use solely as intended through the normal functionality of Postproduction.com. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of Postproduction.com or otherwise as prohibited under this Agreement.

You may access Postproduction.com Content, Videos and other content only as permitted under this Agreement. Postproduction.com reserves all rights not expressly granted in and to the Postproduction.com Content.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Posts of third parties obtained through the Website for any commercial purposes.

You agree not to circumvent, disable or otherwise interfere with security-related features of Postproduction.com or features that prevent or restrict use or copying of any Content or enforce limitations on use of Postproduction.com or the Content therein.

You understand that when using Postproduction.com, you will be exposed to information and videos (content) from a variety of sources, and that Postproduction.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Postproduction.com with respect thereto, and agree to indemnify and hold Postproduction.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

8. User Postings and Conduct

User Content. You acknowledge that any post made by you on the Site is public, without restriction. If you don’t want your questions and answers made public, please do not use the Site. The Internet is public. It is also permanent. You grant Postproduction.com a license to use the materials you post to the Site in our blogs and forums. By posting, downloading, displaying, performing, transmitting, streaming, or otherwise distributing information or other content (“User Content”) to the Site, you grant to Postproduction.com, its affiliates, officers, directors, employees, consultants, agents, and representatives, a right to use the User Content in connection with the operation or promotion of its business (online and offline) and that of its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat such User Content. You acknowledge and agree that you will not be compensated for any User Content. You agree that Postproduction.com may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights in and to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

Postproduction.com welcomes the participation of any and all companies providing products and services to the professional production industry, without regard to their status as advertisers or sponsors. Postproduction.com actively solicits materials that you create for your own purposes, to be reposted on the Site, including tutorials, articles and reviews. Postproduction.com reserves the right to accept or decline any submission for any reason or for no reason and to edit any accept material, offering you the opportunity to review and approve the edits prior to posting on the Site. Any tutorials, reviews or other articles for which Postproduction.com has paid will be its exclusive property. Unpaid tutorials, reviews or other articles will remain in Postproduction.com’s library until the author requests its removal in writing, including via email, after which Postproduction.com will endeavor to remove such posts within thirty (30) days of its receipt of such request.

As a Postproduction.com registered user you may submit video content (“User Videos”), textual comments on User Postings (“User Comments”) and informational profiles (“User Listings”). User Videos, User Comments and User profiles are collectively referred to as “User Postings.” You understand that regardless of whether or not such User Postings are published, Postproduction.com does not guarantee any confidentiality with respect to any User Postings.

You shall be solely responsible for your own User Postings and the consequences of posting or publishing them. In connection with User Postings, you affirm, represent, and guarantee that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Postproduction.com. to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Postings to enable inclusion and use of the User Postings in the manner contemplated by Postproduction.com Inc. and this User Agreement.

To clarify, you retain all of your ownership rights in your User Postings. However, by submitting User Postings to Postproduction.com, you hereby grant Postproduction.com a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Postings in connection with Postproduction.com and Postproduction.com, Inc. (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of Postproduction.com (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of Postproduction.com a non-exclusive license to access your User Postings through the Website, and to use, reproduce, distribute, display and perform such User Postings as permitted through the functionality of the Website and under these Terms of Service You understand and agree, however, that Postproduction.com may retain, but not display, distribute, or perform, server copies of User Postings that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.  Due to the nature of the internet you understand that even though you have been removed from Postproduction.com you will not be removed from the internet.

In connection with User Postings, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary or restrictive rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Postproduction.com all of the license rights granted herein.

Postproduction.com does not endorse any User Postings or any opinion, recommendation, viewpoint, or advice expressed therein, and Postproduction.com expressly disclaims any and all liability in connection with User Postings. Postproduction.com does not endorse or permit copyright infringement of intellectual property rights on its Website, and Postproduction.com will remove all Content and User Postings if properly notified that such Content or User Postings infringes on another’s intellectual property rights. Postproduction.com reserves the right to remove Content and User Postings without prior notice.

9. Account Termination Policy

Postproduction.com will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

Postproduction.com reserves the right to decide whether Content or User Postings are appropriate and comply with this User Agreement for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Postproduction.com may remove such User Postings and/or terminate a User’s access for uploading such material in violation of this User Agreement at any time, without prior notice and at its sole discretion. Postproduction.com may terminate a User’s access for any reason at any time, without prior notice and at its sole discretion.

10. Use of Intellectual Property

A user shall use Postproduction.com for lawful purposes only. A user shall not post or transmit through Postproduction.com any material which violates or infringes in any way upon the rights of others, which is unlawful, abusive, threatening, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Postproduction.com’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a user that in Postproduction.com’s discretion restricts or inhibits any other user from using or enjoying Postproduction.com will not be permitted. A user shall not use Postproduction.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Postproduction.com.

Postproduction.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Postproduction.com are copyrighted as a collective work under United States copyright laws. Postproduction.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. This includes search directory profiles, job listings, equipment listings, newsstand, calendar events, classified profiles and all other content on Postproduction.com. A user may download copyrighted material for their personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Postproduction.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. A user acknowledges that they do not acquire any ownership rights by downloading copyrighted material.

A user shall not upload, post or otherwise make available on Postproduction.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the user. A user shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Postproduction.com, a user automatically grants, or warrants that the owner of such material has expressly granted Postproduction.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. A user also permits any other user to access, view, store or reproduce the material for that user’s personal use. A user hereby grants Postproduction.com the right to edit, copy, publish and distribute any material made available on Postproduction.com by that user.

The foregoing provisions of section 10 are for the benefit of Postproduction.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

11. Inappropriate Content

You agree that you shall not upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services or is an attempt to solicit customers or potential customers from other companies; (d) encourages other users to participate in surveys, contests, pyramid schemes, chain letters; and/or (e) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software. Additionally you shall not use or employ metatag searches of the Site or utilize TInyURLs which ordinarily are a valuable tool in many circumstances, however, we do not have the resources to individually verify the propriety of their target destinations. Postproduction.com reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and if applicable, to delete such material from its servers and/or terminate your account. Postproduction.com intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these TERMS OF SERVICE or any applicable laws.

12. Compliance with Intellectual Property Laws

When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Postproduction.com respects copyrights and copyright holders.

Your use of the Site is at all times governed by and subject to the laws regarding copyright and intellectual property, municipal, State and Federal. You agree not to upload, download, display, perform, transmit, or otherwise distribute information or content (collectively “Content”) in violation of any third party’s rights. You agree to abide by all applicable laws in your use of the Site and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content that that is provided or transmitted using your user name and/or password. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

13. Copyright Infringement

Postproduction.com has adopted a policy that provides for immediate suspension and/or termination of any user who is found to have infringed the rights of Postproduction.com or a third party, or otherwise violated any intellectual property laws or regulations. Postproduction.com’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Postproduction.com to delete, edit or disable the material in question, you must provide Postproduction.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that has been allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Postproduction.com to locate the material; (d) information reasonable sufficient to permit Postproduction.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Postproduction.com’s designated agent contact Noland Anderson 800.767.7806 or email noland@postproduction.com.

14. Alleged Violations

You agree that Postproduction.com or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Postproduction.com does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Postproduction.com reserves the right to terminate your account or your access to the Site or certain of its materials immediately, with or without notice to you, and without liability to you, if Postproduction.com believes that you have violated any of the Terms of Service, furnished Postproduction.com with false or misleading information, or interfered with the use of the Site by others.

15. No Warranties

The service (to include options) is provided without warranties of any kind, whether expressed, implied or statutory including but not limited to, any implied warranty of merchantability, fitness of the service for a particular purpose and non-infringement of any third party rights. Postproduction.com makes no warranty of any kind, expressed or implied, regarding the quality, accuracy, or validity of the data and/or information sent or accessed through its site or that the service will be error free.

16. Limitation of Liability

Under no circumstance shall Postproduction.com and its subsidiaries, directors, employees or affiliates be liable for any indirect, incidental, special, punitive or consequential damages (including, without limitation, lost profits) whether or not foreseeable, that result in any way from a customer’s use of or inability to use the service or the equipment obtained through the service, or customer’s reliance on information provided, or that result from mistakes, omissions, interruptions, deletions or any failure of performance, even if Postproduction.com has been advised of the possibility of such damage. In any case, Postproduction.com’s entire liability under or existing out of this agreement is limited to the sum total of payments made by customer to Postproduction.com during the month immediately preceding the event for which damages are claimed. No action or proceeding against Postproduction.com may be commenced more than one (1) year after the service giving rise to the claim is rendered.

17. Indemnification

Customer agrees to indemnify, defend and hold Postproduction.com and its subsidiaries, directors, employees and affiliates harmless from any claims, losses or damages, including attorney’s fees, relating to any violation of this agreement by customer or placement of or transmission of any message, information, software or other materials on the internet by customer or user authorized by customer to do so. This indemnification shall survive the termination of the agreement.

18. Choice of Law

This agreement has been made in Albuquerque, New Mexico and is governed by and construed in accordance with the laws of the State of New Mexico. YOU CONSENT to and agree that personal jurisdiction over YOU and all disputes over this agreement may at our OUR option be with the courts of the State of New Mexico in Albuquerque, with respect to any provision of this agreement.

19. Affiliated Sites

Postproduction.com has no control over, and no liability for any third party web sites or materials. Postproduction.com works with a number of third party affiliates whose web sites may be linked with the Site. Because neither Postproduction.com nor the Site has control over the content and performance of these affiliate sites, Postproduction.com makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Postproduction.com assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to web sites) that are owned by third parties. You acknowledge and agree that Postproduction.com makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third party content, and that, unless expressly provided otherwise, these TERMS OF SERVICE shall govern your use of any and all third party content.

20. Prohibited Uses

Postproduction.com imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including without limitation, (a) accessing content or data not intended for you, or logging onto an account or server that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Site or related services; and/or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human- perceivable form any of the source code used by Postproduction.com in providing the Site. Any violation of system of network security may subject you to civil and/or criminal liability.

21. Severability; Subject Headings; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The subject heading at the beginning of the paragraphs in the Terms of Service are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such paragraph. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

22. No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Postproduction.com or by any third party.

23. Modifications

Postproduction.com may, in its sole discretion and without prior notice, (a) revise these Terms of Service; (b) modify the Site and/or any services or other offerings; (c) discontinue the Site, any or all services and/or offerings at any time.  

24. Entire Agreement

These Terms of Service (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understanding between the parties hereto with respect to the subject matter hereof, whether written or oral.

25. Assignment

Postproduction.com may assign or transfer the Terms of Service at any time. You may not assign or transfer the Terms of Service, or any rights or obligations without the prior written consent of Postproduction.com, which we can refuse in our sole discretion. Nothing in these Terms of Service is intended to confer benefits, rights, or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns.

Acknowledgement

BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDG THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

If you have any questions or concerns about anything contained in this document, please e-mail us or call us at 800.767.7806  noland@postproduction.com. Thank you!