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Terms and Conditions

Terms and Conditions

Please read these terms carefully before continuing.

By using all or any portion of the software or this site, or by clicking "I Agree," you indicate that you accept all terms and conditions and privacy and copyright policies associated with the software or this site, and that your agreement to such terms and conditions is enforceable like any written agreement signed by you. If you do not accept these terms, you must exit the site.

  1. Summary. Use of aVinci Software is subject to the following terms and conditions:
    1. You are responsible for the materials you use with the Software. You represent that you have the right to reproduce such materials, and that neither such materials nor their reproduction will (i) violate any applicable law or regulation, (ii) infringe any third-party right, or (iii) otherwise be threatening, libelous, defamatory, obscene, pornographic, or objectionable.
    2. You must not copy any photograph, video clip, or audio, electronic or multimedia file that appears to have been taken by a professional photographer, videographer, artist, studio, or copyright holder, even if it is not marked with any sort of copyright, unless you possess a signed Copyright Release from the photographer, videographer, artist, studio or copyright holder.
    3. We reserve the right to not reproduce the materials you submit. We are not liable to you or to any third party for such action, whether or not reproduction would have been unlawful.
    4. If you are not completely satisfied with your product, we will replace the product free of charge or refund your purchase price. Beyond your personal satisfaction and the return of your purchase price, you acknowledge that we do not assume any liability for any damages, claims or costs whatsoever, or any consequential, indirect or incidental damages, or any lost profits as a result of the product delivered, the timing of delivery or the use of the product.
  2. Definitions. "Software" means (a) all of the contents of any files, downloads, websites, media disk, or other media provided as part of or with the aVinci software, including but not limited to (i) all computer information or software; (ii) presentation templates, digital images, stock photographs, video clips, and other media, clip art, fonts, audio clips and other sounds or other artistic works ("Stock Files"); and (iii) related explanatory written materials or files ("Documentation"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Company," "we" and other similar terms means aVinci Media Corporation, LC, a Utah limited liability company, and any subsidiary.
  3. Software License. As long as you comply with the terms of this Agreement, the Company grants you a non-exclusive license to Use the Software for the purposes described in the Documentation. The Software license granted to you to Use the Software is limited to "personal use," meaning you may Use the Software to create or view media presentations for personal use. This Software license does not allow you to use the Software to create media presentations for commercial sale or viewing, or as a service bureau or application service provider, or to perform services for or to provide or produce products to or bundle services to others for a fee.
  4. Intellectual Property Rights. The Software, Stock Files, Documentation and brand names, including, but not limited to, "ESPN," "The Polar Express Christmas," "aVinci" and others, are the intellectual property of the Company and/or its licensors and are protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, Stock Files, or Documentation. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested the Company to provide the information necessary to achieve such operability and the Company has not made such information available.
    1. "ESPN," "Polar Express" and music titles are licensed properties protected by copyright laws and may not be reproduced or used in any manner other than as expressly reproduced and approved by the Company.
    2. Products produced by the Company and provided to you are copyrighted and may not be reproduced, including any copying of all or any portion of such products, by you in any form without the express written consent of the Company.
  5. DISCLAIMER. AVINCI DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR WARRANTING THAT THE SOFTWARE WILL SUBSTANTIALLY PERFORM AS DOCUMENTED FOR A PERIOD OF 90 DAYS FROM THE DATE OF PURCHASE, AND ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, AVINCI MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of this section shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
  6. Order Acceptance. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
  7. Sales Taxes. Sales taxes are collected for residents of the state of Utah at the Utah and Salt Lake County tax rate of 6.85%. In the event excess taxes are collected, the user expressly consents to aVinci retaining any excess collected as revenue. In no event will the customer be entitled to any refund of any portion of the 6.85% collected.
  8. Discounts. Reseller discounts are calculated on the total order price of products sold. Discounts do not apply to taxes or shipping and handling.
  9. LIMITATION OF LIABILITY. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THE COMPANY'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
  10. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
  11. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of Utah. The respective courts of Salt Lake County, Utah shall have exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
  12. Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.

For U.S. Government End Users, the Company agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.