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Terms and Conditions

Product Disclaimer

Change to Terms of Use
Senitype® service reserves the right, from time to time, with our without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on “Terms of Use” located at the bottom of the pages of our website. The most current version of the Terms of Use will supersede all previous versions.

Privacy and Communications Preferences
Any personally identifying information submitted through the Senitype® service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By using the Senitype® service, you are consenting to receive certain communications from us. For example, Senitype® may send you newsletters about new Senitype® service features, special offers and promotional announcements Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there. By using the Senitype® service, you consent to receiving electronic communications from the Senitype® service. These communications may include notices about your account (e.g., Payment Method and other transactional information) and information concerning or related to the Senitype® service. These communications are part of your relationship with the Senitype® service and you receive them as part of your membership. You agree that any notice, agreements, disclosure or other communications that the Senitype® service sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Account Access; Identity Protection
If you find that you’re a victim of identity theft and it involves a Senitype® account, you should notify Senitype® service immediately. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to The Senitype® Collectors Club website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Senitype® reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Senitype® is not obligated to credit or discount a membership for holds placed on the account by either a representative of Senitype® or by the automated processes of Senitype®.

Disclaimers of Warranties
THE SENITYPE® SERVICE, INCLUDING OUR WEBSITE AND — USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SENITYPE® SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SENITYPE® SERVICE, OUR WEBSITE AND — USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. SENITYPE® DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR — USE OF THE SENITYPE® SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT SENITYPE® MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SENITYPE® SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. SENITYPE® SPECIFICALLY DISCLAIMS LIABILITY FOR THE — USE OF APPLICATIONS AND SENITYPE® SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

Limitations on Liability
Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Senitype® website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Senitype® service and/or website or user interfaces, (iv) delivery and or display of any content contained on The Senitype® website, user interfaces, or otherwise through the Senitype® service; and (vii) any losses or damages arising from the use of the content provided on The Senitype® website, user interfaces, or otherwise through the Senitype® service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the Senitype® service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies from the Senitype® service or the descriptions of any movie content contained on our website and user interfaces. We do not represent or guarantee that your use of the Senitype® service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto.  Further, Senitype® images and 35mm film frame images may change without notice due to limited availability. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Senitype® or its affiliated parties. IN NO EVENT SHALL SENITYPE®, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF — USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE — USE OR PERFORMANCE OF THE SENITYPE® SERVICE, OUR WEBSITE AND — USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SENITYPE® SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE — USE OR INABILITY TO — USE THE SENITYPE® SERVICE, INCLUDING OUR WEBSITE AND — USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH’S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF — USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF — USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service.

Indemnification
Upon request by Senitype®, you agree to defend, indemnify, and hold harmless Senitype® and its affiliates, their employees, contractors, agents, representatives, officers, directors, co-branders, content licensors and/or other partners from all liabilities, claims, and expenses, including without limitation attorney fees that arise from: (a) your use of the website or the Products; and/or (b) your breach of these Terms and the terms of the Program. Senitype® reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Senitype® in asserting any available defenses.

Third Party Sites
Senitype® may allow third parties to advertise on the website. Please be aware that Senitype® is not responsible for the business and privacy practices of these other sites. Senitype® encourages you to be aware of this when you leave the website and to read the legal notices and privacy policies of each and every website you visit. The website also contains links to other websites on the Internet that are owned and operated by third parties. Senitype® does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Senitype® of the applicable website or any association with the website’s operators. Because Senitype® has no control over such websites and resources, you agree that Senitype® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. You agree that Senitype® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

Choice of Law and Arbitration Provision
Any dispute arising out of or related to these Terms, which cannot be resolved by negotiation (including, without limitation, any dispute over the arbitrability of an issue), will be settled by binding arbitration in accordance with the J.A.M.S Arbitration Rules and Procedures. The arbitration will be held in the Los Angles, California. The costs of arbitration, including the fees and expenses of the arbitrator, will be borne by the party initiating the action unless the arbitration award provides otherwise. Each party will bear the cost of preparing and presenting its case. The parties agree that the arbitrator has no power or authority to make awards or issue orders of any kind except as expressly permitted by these Terms, and in no event does the arbitrator have the authority to make any award that provides for punitive or exemplary damages. The award may be confirmed and enforced in any court of competent jurisdiction. These Terms shall be treated as though it were executed and performed in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles).

Miscellaneous
You represent and warrant that (a) you are at least 18 years of age; (b) you have the full right, power and authority to enter into this agreement; (c) by entering into this agreement you are not breaching any duty or obligation to any third party; and (d) the person consenting to these Terms is your duly authorized representative and authorized to bind you to the terms of these Terms. You may not assign or delegate any or all of your rights, obligations, and duties under these Terms without the prior written consent of Senitype®, which may be withheld in Senitype’s sole discretion. If any clause or provision in these Terms is determined to be invalid or unenforceable, it will not affect the validity of any other clause or provision these Terms, which will remain in full force and effect. No waiver of any of the provisions of these Terms is binding unless it is in writing and signed by Senitype®. The failure of either Senitype® to insist on the strict enforcement of any provision of these Terms does not constitute a waiver of any provision and all terms shall remain in full force and effect. These Terms supersede and replace all prior and contemporaneous agreements, understandings and representations, whether oral or written, between the parties and relating to the subject matter hereof, and together with the other documents referenced herein, constitutes the entire understanding of the parties with respect to the subject matter of these Terms.

CONTACT INFORMATION
If you have any questions about these Terms, please feel free to contact us at info@senitype.com Senitype®