Welcome to our online store! Embryo Films and its associates provide their
services to you subject to the following conditions. If you visit or shop within
this website, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website,
to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Embryo Films or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is
the property of Embryo Films or its content suppliers and protected by
Australian and international copyright laws. The compilation of all content
on this site is the exclusive property of Embryo Films, with copyright
authorship for this collection by Embryo Films, and protected by Australian and international
copyright laws. The software application provider and author for "osCommerce",
is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and
credit for osCommerce remains the intellectual rights of www.oscommerce.com.
TRADEMARKS
Embryo Films's trademarks and trade dress may not be used in connection
with any product or service that is not Embryo Filmss, in any manner that
is likely to cause confusion among customers, or in any manner that disparages
or discredits Embryo Films. All other trademarks not owned by Embryo Films or its subsidiaries that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by
Embryo Films or its subsidiaries.
LICENSE AND SITE ACCESS
Embryo Films grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify it,
or any portion of it, except with express written consent of Embryo Films. This license does not include any resale or commercial use of this site
or its contents: any collection and use of any product listings, descriptions,
or prices: any derivative use of this site or its contents: any downloading
or copying of account information for the benefit of another merchant: or any
use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of Embryo Films. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of Embryo Films and our
associates without express written consent. You may not use any meta tags or
any other "hidden text" utilizing Embryo Filmss name or trademarks
without the express written consent of Embryo Films. Any unauthorized
use terminates the permission or license granted by Embryo Films. You
are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of Embryo Films so long as the link does not portray
Embryo Films, its associates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any Embryo Films logo or other proprietary graphic or trademark as part of the
link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. If you are under 18, you may use our website only with
involvement of a parent or guardian. Embryo Films and its associates reserve
the right to refuse service, terminate accounts, remove or edit content, or
cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Where permitted, visitors may post reviews, comments, and other content: and
submit suggestions, ideas, comments, questions, or other information, so long
as the content is not illegal, obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of a
card or other content. Embryo Films reserves the right (but not the obligation)
to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant Embryo Films and its associates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display
such content throughout the world in any media. You grant Embryo Films
and its associates and sublicensees the right to use the name that you submit
in connection with such content, if they choose. You represent and warrant that
you own or otherwise control all of the rights to the content that you post:
that the content is accurate: that use of the content you supply does not violate
this policy and will not cause injury to any person or entity: and that you
will indemnify Embryo Films or its associates for all claims resulting
from content you supply. Embryo Films has the right but not the obligation
to monitor and edit or remove any activity or content. Embryo Films takes
no responsibility and assumes no liability for any content posted by you or
any third party.
RISK OF LOSS
All items purchased from Embryo Films are made pursuant to a shipment
contract. This basically means that the risk of loss and title for such items
pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Embryo Films and its associates attempt to be as accurate as possible.
However, Embryo Films does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or error-free.
If a product offered by Embryo Films itself is not as described, your
sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Embryo Films ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Embryo Films MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Embryo Films DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Embryo Films
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Embryo Films ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Embryo Films WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
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 DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Embryo Films, you agree that the laws of the state of New South Wales, without regard to principles of conflict of laws, will govern
these Conditions of Use and any dispute of any sort that might arise between
you and Embryo Films or its associates.
DISPUTES
Any dispute relating in any way to your visit to Embryo Films or to products
you purchase through Embryo Films shall be submitted to confidential arbitration
in New South Wales, except that, to the extent you have in any manner
violated or threatened to violate Embryo Filmss intellectual property
rights, Embryo Films may seek injunctive or other appropriate relief in
any state or federal court in the state of New South Wales, and you consent
to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy,
posted on this site. These policies also govern your visit to Embryo Films. We reserve the right to make changes to our site, policies, and these Conditions
of Use at any time. If any of these conditions shall be deemed invalid, void,
or for any reason unenforceable, that condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy
related material can be directed to our support staff by clicking on the "Contact
Us" link in the side menu. Or you can email us at: store@embryo-films.com
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