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Terms & Conditions
By viewing this website you automatically agree to its terms and conditions and it’s private policy.
Our terms and conditions:
INTRODUCTION
THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”) GOVERN YOUR USE OF THE SERVICES, DEFINED BELOW BEGINNING IN PARAGRAPH 1 TO THIS AGREEMENT'S END, AND YOUR RELATIONSHIP WITH LEWISFILMS & ENTERTAINMENT CO. LLC, HIDDEN SOLDIERS, INC., WWW.APARTMENT304FILM.COM, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AND AFFILIATES (“WE,” “OUR,” “US,” OR “LEWISFILMS & ENTERTAINMENT CO. LLC," HIDDEN SOLDIERS, INC., "WWW.APARTMENT304FILM.COM”). THE FOLLOWING TERMS ARE SUBJECT TO ARBITRATION.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site or the Services. We may revise these Terms and Conditions at any time.
Notice of Agreement to Arbitrate and Class Action Waiver
By accepting these Terms, you agree to resolve any dispute with us on an individual basis in arbitration in the state of Ohio, and to waive any right to pursue a class action or suit in court, except in matters that may be pursued on an individual basis in City of Columbus, Ohio’s small claims court.
DEFINITION OF SITE THIS SITE (www.apartment304film.com)
This site is for entertainment purposes only. This site represents an internet presentation of a creative concept for a television and or theatrical film and their related enterprizes. The story it represents is purely fictional and independently created for the purpose of visual and audio entertainment for it’s visitors and guest. Any resemblance or close resemblance to any non-fictional characters living or dead or actual historical events is purely coincidental, and no recounting of any unrelated events to this site’s fictional story is intended. This site and it’s content is purely for entertainment purposes only and further represents the marketing of the television film project Apartment 304 and it’s funding, marketing and advertising campaign(s).
ABOUT THE SERVICES
Services. These Terms describe the terms and conditions on which you may access and use the LewisFilms & Entertainment Co LLC website located at WWW.APARTMENT304FILM.COM (the “Site”), any of “our” mobile apps (the “Apps”), “our” mobile sites (the “Mobile Sites”), and related services (together with the Sites, the Apps, the Mobile Sites, and the LewisFilms & Entertainment Co LLC Content, as defined below, the “Services”). These Terms also apply to in-store sales, whether at any of “our” showrooms or any of “our” other LewisFilms & Entertainment Co LLC controlled venues, if any, which are part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
Changes in Contract Terms. We reserve the right to change the Terms and Conditions of Use on which we offer the Services, including adding new terms or deleting existing ones. If we make any changes, we will give you reasonable and appropriate notice regarding the change. If you do not accept our changed Terms and Conditions, you always have the right to cancel your use of the Services at any time. If you wish to cancel your use of any of our Services, please contact info@apartment304film.com. If you notify us that you do not accept our Terms and Conditions, we may cancel your use of the Services (as provided in Use of LewisFilms & Entertainment Co LLC Services, Paragraph 6), as we cannot offer Services to different customers on different terms, among other reasons. If you elect not to cancel your use of the Services, your continued use of the Services constitutes acceptance of the changed Terms and Conditions.
Mobile Use. To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Limitations to Use of the Services. Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Sites and Apps under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase any clothing or accessories (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the purchase of any Products, including all legal liability he or she may incur.
Privacy. To learn more about our privacy practices, please read our Privacy Policy, which is available at http://??????????? (the “Privacy Policy”).
USE OF LEWISFILMS & ENTERTAINMENT CO. LLC," HIDDEN SOLDIERS, INC.," "WWW.APARTMENT304FILM.COM SERVICES
Licenses. Subject to the terms and conditions of this Agreement, LewisFilms & Entertainment Co LLC hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for your personal use and not for any commercial use or use on behalf of any third party, except as explicitly permitted by LewisFilms & Entertainment Co LLC in advance and in writing. Subject to the terms of these Terms, and where it may apply, LewisFilms & Entertainment Co LLC also grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control. Any breach of this Agreement shall result in the immediate revocation of the licenses granted in this paragraph without notice to you.
Replication/Distribution. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit our Services or any portion or component thereof unless expressly permitted by LewisFilms & Entertainment Co LLC in writing. You may not make any commercial use of any of the information provided through our Services or make any use of our Services for the benefit of another business unless explicitly permitted by LewisFilms & Entertainment Co LLC in advance and in writing.
Use of Content on Services
a. LewisFilms & Entertainment Co LLC Content. All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“LewisFilms & Entertainment Co LLC Content”) is available to you on an “as is” basis and is to be used for general information purposes only. We may update the LewisFilms & Entertainment Co LLC Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please contact info@apartment304film.com. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner.
b. 3rd Party Content. The Services may contain links or references to non-LewisFilms & Entertainment Co LLC websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and LewisFilms & Entertainment Co LLC is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from LewisFilms & Entertainment Co LLC, and LewisFilms & Entertainment Co LLC has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that LewisFilms & Entertainment Co. LLC endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
c. Acceptable Use. No part of the Services, including the LewisFilms & Entertainment Co LLC Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that LewisFilms & Entertainment Co LLC authorizes you to view, copy, download, and print LewisFilms & Entertainment Co LLC Content (such as press releases and FAQs) that may be available on the Services, provided that: (a) you use the LewisFilms & Entertainment Co LLC Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the LewisFilms & Entertainment Co LLC Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the LewisFilms & Entertainment Co. LLC Content. You may not use the Services to: (i) transmit any content, information or other materials that are, or which LewisFilms & Entertainment Co LLC considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, firearms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a LewisFilms & Entertainment Co LLC representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations. You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
Use of Your Content. If you post, upload or make available to LewisFilms & Entertainment Co LLC or the Services, or otherwise submit to or through LewisFilms & Entertainment Co LLC as part of your use of the Services, including the Sites or Apps, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to LewisFilms & Entertainment Co LLC a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Sites and Apps, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize LewisFilms & Entertainment Co LLC to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
Email Registration. Access to parts of the Services may require the creation of a user account, including a password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. Each time that your password or identification is used, you will be deemed to be authorized to access and use the Services in a manner consistent with the terms and conditions of this Agreement, and LewisFilms & Entertainment Co LLC has no obligation to investigate the authorization or source of any such access or use of the Services. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify LewisFilms & Entertainment Co LLC promptly of any unauthorized use of your account or password or any other breach or threatened breach of the Services’ security.
Access. Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. LewisFilms & Entertainment Co LLC may also terminate your account if LewisFilms & Entertainment Co LLC determines that your conduct poses a risk or liability to LewisFilms & Entertainment Co LLC, or for any other reason as determined by LewisFilms & Entertainment Co LLC in its sole discretion.
Indemnification. By using the Services, you agree to indemnify, hold harmless and defend LewisFilms & Entertainment Co. LLC and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
Careers. LewisFilms & Entertainment Co LLC may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
Electronic Communications. When you use any of the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the Mobile Sites or Apps, and you can retain copies of these communications for your records. As a registered user of LewisFilms & Entertainment Co LLC, you agree to receive emails promoting any special offer(s), including third party offers. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may adjust your email preferences (or unsubscribe from email communications) by clicking the “unsubscribe” link at the bottom of any newsletter we’ve sent or by adjusting your preferences under the “Notifications” tab of “My Account.” If you have any questions or require further assistance, please contact us by telephone at 1.614.641.8017 Monday – Sunday 10:00 a.m. – 3:00 p.m. (EST) or by email at Info@apartment304film.com and our agents will assist you (where applicable) to change your account settings and/or disable your account.
Widgets. Widgets may support functions that require that you disclose certain personally identifiable information given the user's choice of participation. This information is collected in many different ways such as: forms, surveys, contests, forums, subscribing or unsubscribing to mailings and correcting or updating personally identifiable information and are only used for the purpose in which they were collected. Forms which require sensitive information such as financial information (credit card) to process purchases for products or services are SSL encrypted to protect your sensitive information.
Links to 3rd Party Sites. Our Site includes links to other Web sites whose privacy practices may differ from those of Strikingly, Inc. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web site you visit.
Facebook Connect. (where applicable) You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
Social Media Widgets. Our Web site includes Social Media Features, such as the Facebook Like button [and Widgets, such as the Share this button or interactive mini-programs that run on our site]. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.
SALE OF PRODUCTS
General Conditions. The Services include the sale of Products. This Section sets out terms and conditions that apply to your purchase of any Product.
a. Limits. You acknowledge and agree that we may place limits on the purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit sales of Products for any reason, including but not limited to availability concerns.
b. Minors. Products may be worn or purchased for use by individuals under 18 years of age, but we sell our products only to adults, who may purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of purchasing the Products as described in these Terms.
c. Collections. If you do not pay the amounts you owe to LewisFilms & Entertainment Co LLC when due, then LewisFilms & Entertainment Co LLC will need to institute collection procedures. You agree to pay LewisFilms & Entertainment Co LLC’s costs of collection, including, without limitation, reasonable attorneys' fees.
No Commitment. There is no obligation to buy anything on our Sites. LewisFilms & Entertainment Co LLC cannot guarantee that a selection available in a particular month or week will be available in any subsequent month or week.
Limited Warranty. We will deliver the Products you ordered, including the specified size, color and design, except in the rare event that the Product is unavailable. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any one Product available on our Services to replace the unavailable Product at an equal or greater value. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. LewisFilms & Entertainment Co LLC has made every effort to display as accurately as possible the colors of the products that appear on the Services. However, LewisFilms & Entertainment Co LLC cannot guarantee that your computer monitor's or mobile device’s display of any color will be accurate. LewisFilms & Entertainment Co LLC’s liability to you for failure to comply with any of the limited warranted encapsulated in this section is limited to timely delivery of Product conforming to the warranties (excluding delivery charges) as determined by LewisFilms & Entertainment Co LLC.
All Sales As Is. The services and products, including all trial programs (where applicable), are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use. THIS DISCLAIMER DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW.
Purchase Price. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges (if applicable) listed on the Sites or Apps in connection with your purchase of the Products. Purchase Price is as listed on the Sites at the time of purchase, and is subject to change. All prices on the LewisFilms & Entertainment Co LLC Services are listed in U.S. Dollars. LewisFilms & Entertainment Co LLC is not responsible for fluctuations in the currency exchange rates against the U.S. Dollar that may affect the value of international customers’ purchases. LewisFilms & Entertainment Co LLC reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you authorize LewisFilms & Entertainment Co LLC to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Unless otherwise provided in these Terms, to the extent items purchased on LewisFilms & Entertainment Co LLC are subject to tax, such tax will be applied to the Purchase Price, less applicable savings, as required by law.
Payment by Credit Card. For your security, your credit or debit card account number information will not be saved by us after your first purchase. But may be saved by any financial payment gateway utilized by Shopify and other financial services that are in the business of processing your payment(s). This method of payment processing will apply to all future purchases. We accept the following credit cards at this time: VISA, MasterCard and Discover Card.
Payment with Store Credits. (N/A)
Cancellations. You may cancel your order within 3 days following your purchase by contacting your credit card or bank card provider. LewisFilms & Entertainment Co LLC strives to ship orders within 14 days of the placed order. Once placed, your payment can take up to 4 business days to be processed before your order is made and manufactured. Once your order is made and manufactured, depending where your delivery address is (Canada, International), your product could take 7-10 business days to arrive. Accordingly, we are unable to cancel orders after 3 days from the date of purchase. Items may be exchanged in accordance with LewisFilms & Entertainment Co LLC’s return policy. Please contact us at info@apartment304film.com for more information.
SPECIAL PROGRAMS
General. LewisFilms & Entertainment Co LLC provides certain special programs, as described under this Section.
a. LewisFilms & Entertainment Co LLC reserves the right to add, remove or modify special program benefits at any time, but we will use reasonable efforts to notify you of any material changes. You may always unsubscribe from a special program at any time (where applicable).
b. Failure to Comply with VIP Membership Terms. We reserve the right to pursue any amounts you fail to pay in connection with any special program in accordance with these Terms.
c. Termination. We may terminate any of the special programs, or your membership (where applicable) in any of these programs, at any time. If we do so, we will notify you concerning the membership and any benefits accrued in your account in connection with your membership.
Shopping Options. Currently there is one way to shop for LewisFilms & Entertainment Co LLC’s services on the Sites, Mobile Sites, and Apps: (where applicable) you may choose to go to www.apartment304filmactionthrillerstore.com and pay by credit card or bank card.
No Refund Policy. We currently have a no refund all sales are final refund policy once an order is processed on the 4th day fro your purchase date.
Referring Friends. There is no limit to your ability to refer friends and family to LewisFilms & Entertainment Co LLC; however, you may not use spam or send unsolicited emails to persons with whom you do not personally know or have direct, voluntary two-way communications. You may not collect referrals by posting the invite other than as expressly permitted in these Terms and Conditions.
Gift Cards. (N/A)
Limitation of Liability. LEWISFILMS & ENTERTAINMENT CO. LLC," HIDDEN SOLDIERS, INC.," "WWW.APARTMENT304FILM.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND APPS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A SERVICE OR SITE OR APP IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND LEWISFILMS & ENTERTAINMENT CO. LLC," HIDDEN SOLDIERS, INC.," "WWW.APARTMENT304FILM.COM’S SOLE LIABILITY, SHALL BE LIMITED TO WAITING FOR A FIX. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
Fraud/Violation of Terms. LewisFilms & Entertainment Co LLC reserves the right to refuse to honor, or to suspend your use of our services at any time without notice or explanation if we suspect you to be of a fraudulent nature, in violation of these Terms, or in violation of applicable laws or other applicable LewisFilms & Entertainment Co LLC terms and conditions.
Emails and Notifications. We want your experience with the LewisFilms & Entertainment Co LLC Services to be as enjoyable as possible. If you wish to change your email subscription preferences, including unsubscribe from emails or opt out of text messages, or require further assistance, please contact us by email at Info@apartment304film.com and our agents will assist you.
SHIPPING/RETURNS/EXCHANGES
Shipping. LewisFilms & Entertainment Co. LLC offers no free shipping, and exchanges only for damaged and misprinted products, and no refunds or returns for any reason, other than specified. Customers bear sole responsibility for all required regular shipping fees and customs fees and import tariffs applied to Canadian and Australian orders or where it may apply. Please refer to LewisFilms & Entertainment Co LLC’s Shipping, Return, and Exchange Policies for detailed information.
All deliveries will be made through LewisFilms & Entertainment Co LLC’s shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of LewisFilms & Entertainment Co LLC.
The risk of loss and title for items purchased by you pass to you upon LewisFilms & Entertainment Co LLC's delivery of the items to the carrier pursuant to the LewisFilms & Entertainment Co LLC’s Shipping, Return and Exchange Policies. If your package has not arrived by the designated time, please contact our Customer Care department for help tracking your package and if necessary, placing a replacement order.
Exchanges. We will accept exchanges of damaged and misprinted items within 7 days of it’s delivery date to you. Items must be still in the packaging, unworn, unsoiled by you. You are responsible for all return shipping and re-order and redelivery cost. The originally purchased item(s) must be returned to us within thirty (7) days of delivery. If we do not receive the originally purchased item(s) for which you have requested a damaged goods exchange within thirty (7) days, you will be liable for the full cost of the exchange. You are entitled to make up to three (1) damaged exchange of an original purchase, after which the item can no longer be exchanged. All items are final sale and may be exchanged only if it is damaged upon delivery to you. There is no damage exchange possible on any merchandise given away for free during a promotional operation. Please visit LewisFilms & Entertainment Co LLC’s Shipping, Return and Exchange Policies for additional information about our return policy.
Returns for Store Credit. (N/A)
Returns for a Refunds. All sales are final (except for damaged items and misprinted items) SEE OUR RETURN POLICY
VETERAN NOMINATION PROCEDURES
The information You Provide. The Sites, Mobile, Sites and Apps, that we use to gather and record any public member’s nomination uses the information required to identify and research your nominees to ensure that the nominees are actual Ohio based nonprofit veteran organizations that meet the following criteria:
a. Community Outreach Resume: Has the organization reached out to the community and actively pursued its mission goal(s)?
b. Tenure: How long has the organization been in existence?
c. Presentation: Does the organization have an effective interface with the community? (E.g., a professional website?)
d. Credibility: Has the organization accomplished its mission over a sustained period of time?
e. Testimonial: Are there veterans and/or family members of veterans who can vouch for the nominee?
2. Administering The Final 5 Selection. We reserve the right to make the final decision on which nominee is selected to be in the final 5 veteran organization final.
3. OUR 20% DONATION. OUR 20% DONATION TO OHIO BASED NONPROFIT VETERAN ORGANIZATIONS IS GENERATED FROM THE SELL OF OUR APARTMENT 304 MERCHANDISING. THE 20% IS CALCULATED BASED ON OUR ACTUAL WHOLESALE COST OF EACH PIECE OF APARTMENT 304 MERCHANDISING SOLD.
4. Presentation of Donations. ALL VETERAN ORGANIZATION FINALISTS WILL BE PRESENTED IN AN OPEN PUBLIC EVENT WITH THEIR DONATIONS BEFORE THE FIRST DAY OF PRINCIPAL PHOTOGRAPHY FILMING OF APARTMENT 304 BEGINS.
PLEASE READ THIS DECLAIMER: In the event our funding goals are reached for the Apartment 304 production, and there have not been enough public nominations to achieve at least the minimum number of the (5) five Ohio based nonprofit veteran organization needed, LewisFilms & Entertainment Co. LLC reserves the right to complete the nomination process to fill any reaming veteran nominee openings by our default selection process, which is (we research the organization, and if satisfied, we call them up and ask if they would like to receive an equal share of the 20% donation that we are setting aside).
INTELLECTUAL PROPERTY
Ownership of Services. The Sites, Mobile, Sites and Apps, are owned and operated by LewisFilms & Entertainment Co LLC. All right, title and interest in and to the materials provided on the Services, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by LewisFilms & Entertainment Co LLC or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by LewisFilms & Entertainment Co LLC, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on our Sites shall be construed to confer any license under any of LewisFilms & Entertainment Co LLC's intellectual property rights, whether by estoppel, implication or otherwise. You must contact our Customer Care department if you have any questions about obtaining such licenses. LewisFilms & Entertainment Co LLC does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by LewisFilms & Entertainment Co LLC. Any rights not expressly granted herein are reserved by LewisFilms & Entertainment Co LLC.
Copyright. All Site designs, text, graphics, the selection and arrangement thereof, Copyright © 2010-2017, LewisFilms & Entertainment Co LLC, Inc. ALL RIGHTS RESERVED.
Trademark. LewisFilms & Entertainment Co LLC, www.Apartment304film.com, the logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of LewisFilms & Entertainment Co LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
License for Sites. Subject to your compliance with these Terms, LewisFilms & Entertainment Co LLC grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
License for Apps. Subject to the terms of these Terms, LewisFilms & Entertainment Co LLC grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control.
Feedback. By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that LewisFilms & Entertainment Co LLC may use your Feedback without restriction or obligation to you or any third party.
Notice and Copyright. LewisFilms & Entertainment Co LLC takes protection of Copyright very seriously. If you believe any LewisFilms & Entertainment Co LLC Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting LewisFilms & Entertainment Co LLC’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
LewisFilms & Entertainment Co LLC’s agent for copyright issues relating to the Services is as follows:
Copyright Agent, LewisFilms & Entertainment Co LLC ATTN: Copyright Agent 1236 Park Plaza Drive, Columbus, Ohio 43213.
In an effort to protect the rights of copyright owners, LewisFilms & Entertainment Co LLC will, in appropriate circumstances, terminate the accounts of subscribers who are repeat infringers.
TERMINATION
Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. LewisFilms & Entertainment Co LLC may also terminate your account (where applicable) if LewisFilms & Entertainment Co LLC determines that your conduct poses a risk or liability to LewisFilms & Entertainment Co LLC, or for any other reason as determined by LewisFilms & Entertainment Co LLC in its sole discretion.
In the event your access to the Services is terminated, your Limited License, as described above, shall be revoked; however, the remainder of the terms, including the arbitration agreement and class action waiver, shall continue to apply.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
Limited Warranties. The limited warranties apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by Lewisfilms & Entertainment Co. LLC in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms. Your sole and exclusive remedy and LewisFilms & Entertainment Co LLC's sole and exclusive liability for a breach by LewisFilms & Entertainment Co LLC of the limited warranties shall be, at LewisFilms & Entertainment Co LLC's option, LewisFilms & Entertainment Co LLC's use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner.
Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET OUT ABOVE, THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, LEWISFILMS & ENTERTAINMENT CO. LLC," HIDDEN SOLDIERS, INC.," "WWW.APARTMENT304FILM.COM DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE LEWISFILMS & ENTERTAINMENT CO. LLC," HIDDEN SOLDIERS, INC.," "WWW.APARTMENT304FILM.COM CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability -- UNDER NO CIRCUMSTANCES SHALL LEWISFILMS & ENTERTAINMENT CO. LLC," HIDDEN SOLDIERS, INC.," "WWW.APARTMENT304FILM.COM BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF LEWISFILMS & ENTERTAINMENT CO. LLC," HIDDEN SOLDIERS, INC.," "WWW.APARTMENT304FILM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH HEREIN OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTE RESOLUTION/ARBITRATION/CLASS ACTION WAIVER
This Section includes an arbitration agreement and an agreement that in the event of any dispute between you and us, all claims will be brought either in arbitration in the state of Ohio or in a City of Columbus, Ohio small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. It affects your rights.
Informal process first. Both you and LewisFilms & Entertainment Co LLC agree that in the event of any dispute between you and us, you and LewisFilms & Entertainment Co LLC will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care department at 1.614.641.8017
Mandatory arbitration of disputes. In the unlikely event that LewisFilms & Entertainment Co LLC's Customer Care department is unable to resolve your complaint to your satisfaction (or if LewisFilms & Entertainment Co LLC has not been able to resolve a dispute it has with you after attempting to do so informally), all disputes between you and LewisFilms & Entertainment Co LLC will be resolved by BINDING ARBITRATION IN THE STATE OF OHIO. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to a City of Columbus, Ohio small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of LewisFilms & Entertainment Co LLC or you, shall be resolved by mandatory and binding arbitration which shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
Any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of LewisFilms & Entertainment Co LLC or you, shall be governed by the Federal Arbitration Act and shall be resolved by mandatory and binding arbitration submitted to the AAA in accordance with the AAA Rules at the request of either LewisFilms & Entertainment Co LLC or you pursuant to the following conditions:
a. Basis for Demand. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to LewisFilms & Entertainment Co LLC should be addressed to: Notice of Dispute, General Counsel, LewisFilms & Entertainment Co LLC, 1236 Park Plaza Drive Columbus, Ohio 43213 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand")
b. Service of Demand. If LewisFilms & Entertainment Co LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or LewisFilms & Entertainment Co LLC may commence an arbitration proceeding pursuant to the AAA Rules.
c. Place of Arbitration Hearing. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at an AAA facility in the State of Ohio.
d. Conduct of arbitration. The arbitration shall be conducted by a single neutral arbitrator under AAA Consumer Rules. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. The arbitrator shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service.
e. Final and binding. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving LewisFilms & Entertainment Co LLC. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which LewisFilms & Entertainment Co LLC was a party. During the arbitration, the amount of settlement offers, if any, made by LewisFilms & Entertainment Co LLC or you shall not be disclosed to the arbitrator.
f. Costs and Fees. To the extent permitted by AAA Rules, each party shall bear its own costs and expenses, with LewisFilms & Entertainment Co LLC remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under AAA Rules. Notwithstanding the foregoing, for any non-frivolous claim (as determined by the Arbitrator, if LewisFilms & Entertainment Co LLC does not agree the claim is non-frivolous), LewisFilms & Entertainment Co LLC will promptly reimburse you for your payment of any arbitration filing fee after LewisFilms & Entertainment Co LLC receives notice at the Notice Address that you have commenced arbitration. If you are unable to pay this fee, LewisFilms & Entertainment Co LLC will pay it directly after receiving a written request at the Notice Address. For all non-frivolous claims, LewisFilms & Entertainment Co LLC will pay for the entirety of the arbitrators' and administrative fees of arbitration and will pay for your legal fees up to a maximum of $5,000, regardless of the outcome of the Arbitration. For the sake of clarity, you shall be responsible for your legal fees that exceed $5,000, unless ordered otherwise by the Arbitrator.
g. Relief. The arbitrator shall not award relief in excess of what is allowed by applicable law and these Terms. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal.
h. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
i. Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Class Action Waiver. The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and LewisFilms & Entertainment Co LLC shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
MISCELLANEOUS
Jurisdictional Issues. LewisFilms & Entertainment Co LLC makes no representation that the Services are appropriate or available for use outside the United States, Canada, and Australia. Those who choose to access the Services or any part thereof from outside one of these jurisdictions do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in countries outside the United States. Such references do not imply that LewisFilms & Entertainment Co LLC intends to announce or make available such products or services to the general public, or in your country. Contact LewisFilms & Entertainment Co LLC at info@apartment304film.com to determine which products and services may be available to you.
Export Laws. The laws of the United States of America prohibit the export of certain software and data and products to particular persons, territories, and foreign states. You agree not to export the Services, including the LewisFilms & Entertainment Co LLC Content, or any part thereof, in any way, in violation of United States law.
Governing Law & Venue. These Terms are governed and interpreted pursuant to the laws of the State of Ohio, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, except for claims that are to be handled by a small claims court, shall be resolved exclusively by a state or federal court located in Franklin County, Columbus, Ohio, and you specifically consent to the personal jurisdiction of such courts and waive any objection to the convenience of this forum.
Typographical Errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, LewisFilms & Entertainment Co LLC shall have the right to refuse or cancel any orders placed for a product listed at the incorrect price. LewisFilms & Entertainment Co LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, LewisFilms & Entertainment Co LLC shall immediately issue a credit to your credit or debit card account in the amount of the charge.
Entire Agreement. These Terms are the entire agreement between you and LewisFilms & Entertainment Co LLC relating to the subject matter herein and shall not be modified except by LewisFilms & Entertainment Co LLC in accordance with these Terms, or as otherwise agreed in writing by you and LewisFilms & Entertainment Co LLC. No employee, agent or other representative of LewisFilms & Entertainment Co LLC has any authority to bind LewisFilms & Entertainment Co LLC with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
Third Parties. This Site may contain links to websites controlled by parties other than LewisFilms & Entertainment Co LLC (each a "Third Party Site"). LewisFilms & Entertainment Co LLC may work with certain partners and affiliates whose sites are linked with LewisFilms & Entertainment Co LLC. LewisFilms & Entertainment Co LLC is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. LewisFilms & Entertainment Co LLC makes no guarantees regarding the content or quality of the products or services provided by such sites. LewisFilms & Entertainment Co LLC is not responsible for webcasting or any other form of transmission received from any Third Party Site. LewisFilms & Entertainment Co LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LewisFilms & Entertainment Co LLC of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that LewisFilms & Entertainment Co LLC is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Severability & Waiver. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Force Majeure. LewisFilms & Entertainment Co LLC will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond LewisFilms & Entertainment Co LLC’s reasonable control.
Final Form. Your edits or changes to either the online or offline versions of this Agreement or a membership offer will not be effective, regardless of form.
Contact Information. Please send any questions or comments, or report violations of these Terms, to LewisFilms & Entertainment Co LLC at Info@apartment304film.com or LewisFilms & Entertainment Co LLC, Attn: Legal, 1236 Park Plaza Drive, Columbus, Ohio 43213.