By using this website, you are agreeing to be bound by the following Terms and Conditions and any additional policies and practices set forth in the FAQ section of this website.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time, without notice. Please check back periodically, as your continued use of this website following the posting of any changes to our Terms and Conditions or Info will mean that you accept those changes.
All FILMS and ART featured on this website are the exclusive property of PES Film, Inc. Prints may be purchased in the formats and for the prices set forth elsewhere on this site, but we do not guarantee the availability of any particular photograph or format, and we reserve the right to modify our prices and formats, or to withdraw products from sale, at any time, for any reason, and without notice. We also reserve the right, at any time after receipt of your order, to decline to fulfill your order for any reason or to supply a quantity of prints that is fewer than your ordered quantity. If we decline to fulfill your order or if we reduce your order quantity, you will not be charged for any unfulfilled requests.
PURCHASE DOES NOT CONVEY COPYRIGHT
Your purchase of a film, print, original artwork, or other products from PES-Novelties.com is a purchase of an authorized physical copy of a film or photograph, not of copyright in that film or photograph or of any rights protected by copyright, including but not limited to the right to reproduce or to publish the film or photograph. All rights in the films and photographs are reserved by PES Film, Inc, and are for personal use only.
By pre-ordering products, you are authorizing PES Film to automatically charge your account and download or ship the product when it becomes available.
Your use of PESfilm.com includes the ability to enter into agreements and/or to make transactions electronically.
TERMS AND CONDITIONS
This legal agreement between you and PES Film Inc. (“PES Film Inc.”) governs your use of any films downloaded or purchased from PES-Novelties.com
USE OF PURCHASED CONTENT
You shall be authorized to use PES films only for personal, noncommercial use.
The delivery of a PES film does not transfer to you any commercial or promotional use rights in the PES film. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any PES film
Certain content, products, and services available via PES Novelties may include materials from third parties. PES Film Inc may provide links to third-party websites as a convenience to you. You agree that PES Film Inc is not responsible for examining or evaluating the content or accuracy and PES Film Inc does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that PES Film Inc is not in any way responsible for any such use by you.
You understand that by using PES Film, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use PES Film at your sole risk and PES Film Inc shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.
You agree that PES Film, including but not limited to PES films, art, graphics, video clips, and editorial content, contains proprietary information and material that is owned by PES Film Inc and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of PES Film in compliance with this Agreement. No portion of PES Film may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on PES films and art in any manner, and you shall not exploit PES films and art in any unauthorized way whatsoever.
Notwithstanding any other provision of this Agreement, PES Film Inc and its licensors reserve the right to change, suspend, remove, or disable access to any PES Products, content, or other materials comprising a part of PES Novelties at any time without notice. In no event will PES Film Inc be liable for making these changes. PES Film Inc may also impose limits on the use of or access to certain features or portions of PES Film, in any case and without notice or liability.
All copyrights in and to PES Film (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) are owned by PES Film Inc and/or its licensors, who reserve all their rights in law and equity. The use of PES Films, except as permitted in this agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties including possible monetary damages, for copyright infringement.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
PES Film Inc. does not guarantee, represent, or warrant that your use of PES Film will be uninterrupted or error-free.
You expressly agree that your use of, or inability to use, PES Film is at your sole risk. PES Film and all products and services delivered to you through PES Novelties are (except as expressly stated by PES Film Inc.) provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
In no case shall PES Film Inc., its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of PES Film or for any other claim related in any way to your use of PES Film, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via PES Film, even if advised of their possibility, because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, PES Film Inc.’s liability shall be limited to the extent permitted by law.
PES Film Inc shall use reasonable efforts to protect information submitted by you in connection with PES Film, but you agree that your submission of such information is at your sole risk, and PES Film Inc. hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
PES Film Inc. does not represent or guarantee that PES Film will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and PES Film Inc. disclaims any liability relating thereto. Some products can be downloaded only once: after being downloaded, they cannot be replaced if lost for any reason. You shall be responsible for backing up your own system, including any PES Films purchased from the PES store.
WAIVER AND INDEMNITY
By using PES Film, you agree, to the extent permitted by law, to indemnify and hold PES Film Inc., its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of PES Film, or any action taken by PES Film Inc. as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from PES Film Inc., its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content< to warn you< to suspend or terminate your access to PES Film, or to take any other action during the investigation of a suspected violation or as a result of PES Film Inc’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
This Agreement constitutes the entire agreement between you and PES Film Inc and governs your use of PES Film, superseding any prior agreements between you and PES Film Inc . You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. PES Film Inc's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. PES Film Inc will not be responsible for failures to fulfill any obligations due to causes beyond its control.
PES Film is operated by PES Film Inc from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of PES Film. All transactions on PES Novelties are governed by California law, without giving effect to its conflict of law provisions. Your use of PES Film may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with PES Film Inc or relating in any way to your use of PES Film resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. No PES Film Inc employee or agent has the authority to vary this Agreement.
PES Film Inc may notify you with respect to PES Film by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on PES Film. Notices shall become effective immediately.