Thank you for visiting peresefilms.com (the ‘Web Site’). Please read these terms and conditions carefully before you start to use the Web Site. By accessing and using this Web Site, you indicate that you accept (unconditionally and irrevocably) these terms and conditions (the ‘Agreement’). If you do not agree to these terms and conditions, please refrain from using our Web Site and exit immediately.
The Web Site is owned and operated by Perese Film Productions Pty Ltd, whose principal office is at Perese Film Productions Headquarters, PO Box K532, Sydney, Haymarket NSW 11240. Perese Film Productions is a registered company under the Corporation Act 2001 (as amended) registered in New South Wales. Officially established as a Propriety Limited on 22 March 2011.
“We”, “our” and “us” refers to Perese Film Productions, the Perese Film Productions group of films and any entities and/or brands owned by Perese Film Productions or the Perese Film Productions group of films and any of their associated brands and/or websites from time to time.
Other Perese Film Productions group company or film web sites may contain terms and conditions which are different from this Agreement. When navigating through the Perese Film Productions group company or film web sites please check the terms and conditions of each web site you visit and do not assume that these terms and conditions apply to all Perese Film Productions group company web sites. You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use this Web Site in accordance with all terms and conditions herein and you promise to us that you are old enough to enter into any legally binding contracts which may be made through this Web Site.
MODIFICATION OF TERMS
We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on the Web Site, and will not have any retrospective effect on existing contractual arrangements made through this Web Site. Your continued use of this Web Site after any change means you have accepted the changed terms and conditions.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
Your access to and use of the information, software [products or interactive services] and other materials on, or through, this Web Site or any section or part of the Web Site is solely at your own risk. The information and materials displayed on our Web Site are provided without any guarantees, conditions and warranties as to their accuracy and we make no warranty whatsoever about the reliability, stability or virus free nature of any software available on the Web Site.
We have taken reasonable steps to ensure the information provided by us on this Web Site is accurate at the time you view it. However, we cannot and have not checked the accuracy of all information provided by outside sources for example by the providers of other information, or of other parties linked to or from the Web Site.
Commentary and other materials posted on our Web Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Web Site, or by anyone who may be informed or act upon any of its contents.
We aim to ensure that availability of the Web Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed and we reserve the right to withdraw or amend the service we provide on the Web Site without notice. Also, your access to the Web Site may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. We will not be liable if for any reason our Web Site is unavailable at any time or period.
Disclaimer of Warranty
The information, software, products and services contained in this web site are provided "as is" and ‘as available’ without warranty of any kind. We hereby disclaim all warranties and conditions with regard to the information, materials, software, products and services contained in this web site, including all warranties implied by law and conditions of merchantability, fitness for particular purpose, title and non-infringement, unless the applicable law prevents us from doing so (whereupon we limit our liability to the full extent permitted).
Limitation of Liability
We will not be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue, opportunity or profits), punitive, or exemplary, damages of any kind even if advised of the possibility of such damages or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise and whether or not in the contemplation of the parties) arising out of:
(i) Access to, or use of this web site, or delay or inability to use this web site, or any information contained in this web site; or,
(ii) The availability and utility of products and services available on this web site
Unless the damages are due solely to our direct negligence and relate only to out of pocket expenses actually incurred by you (to be evidenced by you) up to a maximum value of out of pocket expenses incurred by you.
Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
As a condition of use of this Web Site, you agree to pay an amount to us equivalent to any loss we sustain, including any and all liabilities, expenses (including lawyer’s and other professionals’ fees) and damages arising as a result of your use of the Web Site in contravention or breach of this Agreement which we would not have sustained in the absence of your contravention or breach.
LINKS TO THIRD-PARTIES' WEB SITES
This Web Site may contain links and pointers to Internet sites owned, operated, controlled and/or maintained by third parties not connected with us. We do not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for your convenience, and do not constitute any endorsement by us. You assume sole and full responsibility for use of all such third party links and pointers.
LIMITATIONS ON USE
You may use our Web Site only in accordance with these terms and conditions and, in any event for lawful purposes which includes complying with all applicable laws, regulations and codes of practice of the jurisdiction from which you are accessing our Web Site. You warrant to us that you are complying with all applicable local laws, regulations and codes of practice and that your use of our Web Site is not a breach of such. You agree to use the Web Site only for personal, non-commercial use.
You must not and unconditionally and irrevocably undertake not to abuse the Web Site (or any part or any link or pointer). "Abuse" includes, without limitation, using the Web Site to:
Defame, harass, stalk, threaten, abuse or otherwise violate others’ rights as defined by applicable law.
Harm or interfere with the operation of others’ computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses (including but not limited to trojan horses, worms, time-bombs, keystroke loggers, spy ware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware).
Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software which do not belong to you or to which you do not hold all appropriate rights.
Omit or misrepresent the origin of, or rights in, or ownership of any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark.
Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information.
Download or upload files that are unlawful to distribute through the Web Site.
Transmit any information or software obtained through the Web Site, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Web Site (without our express prior written consent).
Cause an excessively large load on the infrastructure of the Web Site.
Falsely use a password or personal identification number during logging into the Web Site, or misrepresent one’s identity or authority to act on behalf of another.
In any way breach any applicable local law or national law or regulation (whether a criminal offence or not).
Violate this Agreement in any other manner or engage in any conduct that is, in our reasonable opinion, in conflict with this Agreement or any law.
INTELLECTUAL PROPERTY RIGHTS
All trademarks, copyright, database rights and other intellectual property rights in the content and materials included on the Web Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations (as well as the organisation and lay out of the Web Site), and software are the property of Perese Film Productions, it's affiliates or it's content suppliers and is protected by international trademark copyright and database laws and treaties around the world. All such rights are reserved.
You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web Site. You also agree not to create and/or publish your own database that features all or any part of this Web Site without our prior written express consent. Our status (and that of any identified content suppliers or third party links or pointers) as authors of the material on our Web Site must always be acknowledged.
If you print off, copy or download any part of our Web Site in breach of this Agreement, your right to use our Web Site will cease immediately and automatically and you must, at our option, return or destroy any copies of the materials you have made.
Perese Film Productions and any other product or trade names of Perese Film Productions referenced herein or connected to the same (whether existing now or created in the future) are our service marks or registered service marks. Other product and company names mentioned herein (or linked through our Web Site) may be the trademarks of their respective owners.
LAW AND JURISDICTION
The New South Wales courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to this Web Site and this Agreement, although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country. This Agreement is governed by the laws of New South Wales law and the Federal Laws of Australia.
CONFLICTS AND RIGHTS
In the case of a conflict between this Agreement and any agreement specific to any goods, products or services that you obtain, purchase or use from this Web Site, the terms of the specific agreement shall prevail.
Any failure by us to assert any rights under this Agreement does not constitute a waiver of our rights. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be deleted without affecting the validity or enforceability of any other provision.