DVD PRODUCTION
AGREEMENT - Version : October 24, 2009
Revised
and Published October 24, 2009
The following describes the terms by which Javanni, Inc., DBA javanni.com
& perfectpopcorn.com, offers you access to our DVD production services;
This Agreement describes the terms and conditions that are applicable
to your use of our DVD production services sponsored by our online websites
at www.javanni.com & perfectpopcorn.com. If you have any questions
regarding this agreement please email us as CustomerCare@javanni.com.
It is important that you understand we may alter this Agreement at any
time by posting the amended User Agreement or amended section of the User
Agreement on our site on the Announcements page. Except as stated below,
all changes to this agreement shall automatically become effective 30
days after they are initially posted on our Announcements page. This Agreement
may not be otherwise amended except in writing and signed by you and Javanni,
Inc.
Section
1.0 - Description of Services.
Javanni, Inc., operating as a legal S-Corporation entity within the United
States, offers DVD conversion services to customers. Source media (to
be converted) may consist of any form of motion or still video and/or
audio that the client presents. Javanni, Inc. may be limited in capability
to read and/or convert such media, in which case it will remain the discretion
of Javanni, Inc. to outsource any portion of the client's project to a
third party established vendor service for assistance. Customer will be
wholly responsible for media exchange by determining the method of transport
(default method is USPS w/tracking. secondary method, use at our descretion,
will be UPS w/$100 insurance). Customer will be wholly responsible for
the final DVD resulting from the quality of the source media submitted
for conversion. Fees and penalties shall be defined prior to the beginning
of any project and Javanni, Inc. will reserve to right to terminate any
project at any stage without penalty pending a full refund, less shipping
and communications expenses, to client. Any additional services offered
to users by http://www.javanni.com & perfectpopcorn.com shall be subject
to the terms of this agreement.
Section
2.0 - Service Eligibility.
Our services are available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing, our services
are not available to minors. If you do not qualify, please do not use
our services. Further, our services are not available to temporarily or
indefinitely suspended javanni/perfectpopcorn members.
Section
3.0 - Fees and Penalties.
Current rates and fees can be viewed on the website and are subject to
change without notice.
Refunds will not be granted for any reason unless it is determined by Javanni, Inc. that an error was made in the production process of creating a client's DVD media or if Javanni, Inc. did not comply with written instructions submitted to, acknowledged by and approved by Javanni, Inc. from client prior to the beginning of said production. Because verbal communications are subject to translation and interpretation it will remain the responsibility of the client to document and obtain approval and pricing from Javanni, Inc. on any instruction pertaining to the DVD project. Should the client not provide such written requirements and obtain approval from Javanni, Inc, prior to the start of production the client may be responsible for additional fees should post production changes be required. Moreover, refunds to include partial and full refunds may not be awarded customer resulting from defective video source media.
Customer
will be wholly responsible for media exchange by determining the method
of transport (default method is USPS or UPS w/$100 insurance). Customer
will be wholly responsible for the final DVD resulting from the quality
of the source media submitted for conversion.
We may change our Fees and Claims Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days notice of the changes by posting the new changes on our announcements. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on our Announcements page. By submitting a listing application for posting on our exchange you agree to our fee schedule. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective when that new service is made available to you. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes and penalties.
Section 4.0 - Only a Venue.
Subsection
4.01 Overview.
Our website, http://www.javanni.com & perfectpopcorn.com, acts as
the venue for clients to request, submit, review and approve of DVD and/or
video related materials and media.
Subsection
4.02 Safe Exchange.
Because authentication of individuals on the Internet is not a proven
process, Javanni, Inc., DBA www.javanni.com & perfectpopcorn.com,
cannot and does not confirm each client's purported identity.
Subsection
4.03 Release.
Because we take measures to prevent damage and loss to a client's original
source media you agree to hold harmless Javanni, Inc., DBA www.javanni.com
& perfectpopcorn.com , (and our officers, directors, agents, subsidiaries
and employees) from claims, demands and damages (actual and consequential)
of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
Section
5.0 - Payments.
Javanni, Inc., DBA www.javanni.com & perfectpopcorn.com, will act
as a medium of exchange between clients and our DVD production studio
by accepting and authorizing payments for services rendered via REVOLUTION
MONEY EXCHANGE. As the accepted medium of exchange between clients and
our DVD production studio, we will provide a method of payment acceptance
for buyers to include but not limited to certain types of credit cards,
money orders, bank checks, business checks and/or personal checks. Clients
will be liable for any expense arising from the return or charge-back
of any payments submitted for intellectual property purchases. The DVD
media we produce for clients cannot be erased or re-written therefore
all sales are final with the exception of filing a claim within thirty
(48) hours following receipt of the resulting DVD media. It will remain
the discretion of Javanni, Inc. as to the action it will take in such
case.
Subsection
6.0 - Fraud.
Without limiting any other remedies, Javanni, Inc., DBA www.javanni.com
& perfectpopcorn.com, may suspend or terminate our services for any
reason and at any time without notification or cause. Use of our DVD production
services is a privilege that we control at all times and may revoke at
our discretion. You may have only one active relationship with us at any
one time and may be denied services if we find your information questionable
or unverifiable or if we have identified your source media as being licensed
by any third party.
Section 7.0 - Your Information.
Subsection
7.01 - Definition of Your Information.
"Your Information" is defined as any information you provide
to us or other users in the registration, purchasing, audio/video, graphical,
material, in any public message area (including the feedback area) or
through any email/mail service. You are solely responsible for Your Information,
and we act as a passive conduit for your the conversion of and/or publication
of Your Information. With respect to Your Information:
Subsection
7.02 - False Information.
Your Information (or any Media Property listed therein): (a) shall not
be false, inaccurate or misleading; (b) shall not be fraudulent or involve
the sale of proprietary or confidential information not owned by you or
your company or organization for which you are authorized to disclose;
(c) shall not infringe on any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or privacy;
(d) shall not violate any law, statute, ordinance or regulation (including
without limitation those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising); (e) shall
not be defamatory, trade libelous, unlawfully threatening or unlawfully
harassing; (f) shall not be obscene or contain child pornography; (g)
shall not contain any viruses, Trojan horses, worms, time bombs, cancel-bots
or other computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data
or personal information; (h) shall not create liability for us or cause
us to lose (in whole or in part) the services of our ISPs or other suppliers;
and (i) shall not link directly or indirectly to or include descriptions
of goods or services that: (aa) are prohibited under this Agreement. Furthermore,
you may not post any item on our site (or consummate any transaction that
was initiated using our service) that, by paying to us the posting fee
or the final transaction fee, could cause us to violate any applicable
law, statute, ordinance or regulation.
Section
8.0 - Copyright.
All content posted and/or stored on http://www.javanni.com & perfectpopcorn.com, such
as text, images, graphics, logos, icons, audio, video, patterns, plans,
and software (collectively, "Content") is the property of Javanni,
Inc., DBA www.javanni.com & perfectpopcorn.com, or its content suppliers and is protected
by copyrights or other proprietary rights. All Content is copyrighted
by Javanni, Inc., DBA www.javanni.com & perfectpopcorn.com, as a collective work under
the U.S. and International copyright laws, conventions, and treaties.
You may not modify, publish, transmit, sell, display or in any way commercially
exploit any of the Content, in whole or in part, without the prior written
consent of Javanni, Inc., DBA www.javanni.com & perfectpopcorn.com,. If no specific
restrictions are displayed, you may make copies of select portions of
the Content if (i) the copies are made only for your personal, non-commercial
use; (ii) you do not modify the materials in any way; and (iii) you do
not delete or change any notices contained in the Content, such as copyright,
trademark or other proprietary rights notices. Except for such personal
copies, you may not copy, download, list or distribute Content protected
by copyright or other proprietary rights without obtaining the prior written
permission of the owner of the copyright or other proprietary right.
Section
9.0 - Trademarks.
"Javanni, Inc.," and "javanni" and "perfectpopcorn"
as well as the Javanni, Inc. and http://www.javanni.com & perfectpopcorn.com
logos and other related marks which may appear on
http://www.javanni.com & http://www.perfectpopcorn.com, are the registered
trademarks, trade names, or service marks of Javanni, Incorporated (collectively,
"Trademarks"). The Trademarks may not be used, copied, modified
or distributed in any way. Nothing contained on http://www.javanni.com
& perfectpopcorn.com should be viewed as giving you any license, partnership
or right to use any Trademark without the expressed written permission
of Javanni, Inc., DBA www.javanni.com & perfectpopcorn.com.
Section
10.0 - Use of Information.
Solely to enable Javanni, Inc., DBA www.javanni.com & perfectpopcorn.com to use the
information you supply us with, so that we are not violating any rights
you might have in that information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through
multiple tiers) right to exercise the copyright and publicity rights (but
no other rights) you have in Your Information, in any media now known
or not currently known, with respect to Your Information. Javanni, Inc.,
DBA www.javanni.com & perfectpopcorn.com, will only use Your Information in accordance
with our Privacy Policy.
Section
11.0 - Breach.
Without limiting other remedies, we may immediately issue a warning, temporarily
suspend, indefinitely suspend or terminate our services and refuse to
provide our services to you: (a) if you breach this Agreement or the documents
it incorporates by reference; (b) if we are unable to verify or authenticate
any information you provide to us; or (c) if we believe that your actions
may cause legal liability for you, our users, our members or us.
Section
12.0 - Privacy.
We will not divulge your information to any third party without your expressed
consent other than partners we may include to assist us with the process
of converting your source media to the desired format. We may, however,
divulge your email address indirectly when communicating to you via email.
Use of your email address will be restricted to the purposes of our exchange
including information exchange, solicitation and reminders.
Section
13.0 - No Warranty.
We and our suppliers and providers provide our web site and DVD production
services "AS IS" and without any warranty or condition, express,
implied or statutory. We and our suppliers and providers specifically
disclaim any implied warranties of title, merchantability, fitness for
a particular purpose and non-infringement. Our DVD production systems
act as translator in the conversion of source media to DVD. Source media
that cannot be understood by our systems due to format, quality or other
reason may result in a DVD, in whole or in part, that cannot be deciphered
(read) by particular DVD playback systems or any DVD playback system.
The source content owner is wholly responsible for the quality of source
media and resulting DVD product. Our systems hold no particular bias for
various format differences.
Some states do not allow the disclaimer of implied warranties, so the
foregoing disclaimer may not apply to you. This warranty gives you specific
legal rights and you may also have other legal rights, which vary from
state to state.
Section
14.0 - Liability Limit.
In no event shall we or our suppliers or providers be liable for lost
profits or any incidental or consequential damages arising from or in
connection with our web site, production services or this agreement. However,
arising, including negligence.
Our liability, and the liability of our suppliers and providers, to you or any third party or parties in any circumstance is limited to the greater of (A) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Section
15.0 - Indemnity.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of your breach of this Agreement or the documents it incorporates
by reference, or your violation of any law or the rights of a third party.
Section
16.0 - Legal Compliance.
You shall comply with all applicable laws, statutes, ordinances and regulations
regarding your use of our production services and your dealings with the
resulting media.
Section
17.0 - No Agency.
You and Javanni, Inc., DBA www.javanni.com & perfectpopcorn.com, are independent contractors,
and no agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended, implied or created by this Agreement.
Section
18.0 - Notices.
Except as explicitly stated otherwise, any notices shall be given by postal
mail to Javanni, Inc. Attn: Legal Division 4091 Deerfield Drive, Concord,
NC 28027 (in the case of javanni/perfectpopcorn) or to the email address
you provide to Javanni, Inc., DBA www.javanni.com & perfectpopcorn.com,
during the DVD production registration process (in your case). Notice
shall be deemed given 24 hours after email is sent, unless the sending
party is notified that the email address is invalid. Alternatively, we
may give you notice by certified mail, postage prepaid and return receipt
requested, to the address provided to Javanni, Inc., DBA www.javanni.com
& perfectpopcorn.com, during the new member registration process.
In such case, notice shall be deemed given 3 days after the date of mailing.
Section
19.0 - Arbitration.
Any controversy or claim arising out of or relating to this Agreement
or our services shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in Charlotte, North
Carolina, and judgment on the arbitration award may be entered into any
court having jurisdiction thereof. Either you or Javanni, Inc., DBA www.javanni.com & perfectpopcorn.com,
may seek any interim or preliminary relief from a court of competent jurisdiction
in Charlotte, North Carolina necessary to protect the rights or property
of you or Javanni, Inc., DBA www.javanni.com & perfectpopcorn.com, pending the completion
of arbitration.
Section
20.0 - Additional Terms.
The following documents are incorporated by reference:
Subsection
20.1
Our Privacy Policy is available at http://208.204.178.142/javanni/privacy.htm.
We may change our Privacy Policy from time to time and our changes are
effective after we provide you with at least thirty (30) days' notice
of the changes by posting the changes on the announcements board and sending
email to users who select such notification.
Section
21.0 - General.
This Agreement shall be governed in all respects by the laws of the State
of North Carolina as such laws are applied to agreements entered into
and to be performed entirely within North Carolina between North Carolina
residents. We do not guarantee continuous, uninterrupted or secure access
to our services, and operation of our site may be interfered with by numerous
factors beyond our control. If any provision of this Agreement is held
to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope or extent
of such section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar
breaches. This Agreement sets forth the entire understanding and agreement
between us with respect to the subject matter hereof.
Section
22.0 - Disclosures.
The services hereunder are offered by Javanni, Inc., located at 4091 Deerfield
Drive, Concord, NC 28027. If you are a North Carolina resident, you may
have this same information emailed to you by sending a letter to the foregoing
address with your email address and a request for this information. Fees
for our services are posted on the website and are subject to change.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
/----------------------------END AGREEMENT----------------------------/
Revised and Published October 24, 2009
PRESERVE
YOUR MEMORIES OF A
LIFETIME ON DVD TODAY
