Terms of Use

Welcome to PaulCottonFilms.com (hereafter referred to as "the Site").

Through this site, Paul Cotton Films provides materials designed to entertain and inform the general public. Your access and use of the Site, along with any services or materials contained or referenced herein, is governed by and subject to the following Terms of Use Agreement (hereinafter referred to as the "Agreement"), as well as all applicable laws.

Please review the Agreement carefully, before using the Site. By accessing, using or downloading any materials from the Site, you agree to be bound by the terms and conditions in the Agreement.

Legal Entity

Paul Cotton Films is an operation of Freestyle Productions - a company unincorporated in British Columbia, Canada.

Contact

Any enquiry, complaint or other communication should be addressed to our registered office: 2145 Chilcotin Cres. Kelowna BC V1V 2N9 or sent by email to Paul@PaulCottonFilms.com.

1. User representations

You agree to review this Agreement prior to accessing any information or obtaining any documents from the Site. As Paul Cotton Films continues to grow, this Agreement may change. Any changes will be made by updating this Agreement online. A change in the Terms of Use may include, without limitation, adding to, deleting from, or amending the existing Agreement. Any new Agreement may address matters that are different than the types of matters that are then contained in the Agreement. Paul Cotton Films will not provide you with individual notice of any change in the Agreement. We may revise the Agreement at any time without notice to you. We advise you to periodically check this Site to ensure your familiarity with any changes. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.

2. Intellectual Property

The design, structure, concept and content of this website is the intellectual property of Paul Cotton Films and/or the respective contributors. Reproduction or imitation of said design, structure, concept and/or content is strictly prohibited.

Licensing and franchising enquiries should be addressed to our registered office or sent by email to Paul@PaulCottonFilms.com.

Paul Cotton Films and all associated graphics, logos, word-marks, illustrations and animations are trademarks of Paul Cotton Films, all rights reserved.

3. Warranty

Paul Cotton Films and its contributors have used their best efforts in preparing this web site. However, Paul Cotton Films and its hosts/contributors make no representation or warranty with respect to the accuracy, or completeness of the contents of this site and specifically disclaim any implied warranties or fitness for a particular use. All of the information supplied on this website is published without warranty and the user must satisfy themselves to it's suitability for use.

4. Opinion

Opinions and perspective expressed on this website are those of contributors and do not necessarily represent the views of the Paul Cotton Films.

5. Submissions

Paul Cotton Films and its contributors are not responsible for unsolicited contributions of any type format including, but not limited to artwork; written material; email submissions; CD's, DVD's or other electronic media.

6. Code of Conduct

Whilst not a member of the Canadian Broadcast Standard Council and whilst not required to adhere to its broadcast code, Paul Cotton Films and its contributors are committed to being responsible operators and broadcasters.

Whilst we will make best endeavours to provide viewer advisories on articles that discuss adult matters, as outlined at http://www.cbsc.ca/english/codes/cabethics/ethics.htm, we do not guarantee the completeness or accuracy of such advisories. Paul Cotton Films advises parental discretion.

Whilst we also ask our hosts/contributors to voluntarily observe to the RTNDA code as outlined at http://www.cbsc.ca/english/codes/rtndacode/rtnda.htm, Paul Cotton Films and its contributors are not and will not be held responsible for any breach of this code.

7. No substitute for professional advice.

The forms, agreements, and documents within the Site, or available through the Site, may not be appropriate under the circumstances of a particular transaction. Please consult local laws and regulations, as requirements will vary from one jurisdiction to another. You assume any, and all responsibilities and obligations with respect to any decisions made or advice given as a result of the use or selection of any information, program, or document obtained from the Site.

8. Links.

The Site may contain links to third-party Internet sites. The linked sites are not under the control of Paul Cotton Films. Paul Cotton Films is not responsible for the content of any linked site, including, but not limited to, additional links found therein. Paul Cotton Films reserves the right to terminate any link or linking program at any time. Paul Cotton Films does not endorse companies or products to which it links. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk.

9 . Indemnification

You agree to indemnify Paul Cotton Films and its affiliates, directors, officers, employees, vendors, and agents from, and against all liabilities, expenses (including court costs and legal fees), losses, and other damages that are caused by, arise out of, or relate to, your use of the Site. This includes, without limitation, any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users of the Site, and infringement of intellectual property or other rights. Paul Cotton Films will notify you promptly of any claim for which it seeks indemnification. You will be afforded the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in any manner prejudicial to Paul Cotton Films interests, as reasonably determined by Paul Cotton Films.

10 . Information and Communication

Paul Cotton Films does not want to receive confidential or proprietary information from you through this Site. Please note that any information or materials you provide will deemed not to be confidential. By sending information or materials to Paul Cotton Films you grant Paul Cotton Films an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit or distribute those materials or information. You also agree that Paul Cotton Films is free to use any ideas, concepts, know-how or techniques that you send to Paul Cotton Films. Any information disclosed in chat rooms, forums, message boards, and news groups becomes public information. We will collect such information as you choose to disclose. Any postings to chat rooms, forums, message boards, contests, or similar information you submit, as well as any computer code or other creative idea you provide, shall be deemed, and shall remain, the property of Paul Cotton Films. Paul Cotton Films shall use such information without restriction as it sees fit throughout the world.

11. Partners and third-party vendors

11.1 Paul Cotton Films not a party.

The Site allows access to the sites of its partners and other third-party vendors (collectively "Vendors") from which you may purchase certain goods and services. Paul Cotton Films does not control the products or services offered by the Vendors, nor does it control the content of their sites. Unless otherwise stated, Vendors are responsible for all aspects of order processing, fulfillment, billing, and customer service. Paul Cotton Films is not a party to any transactions between you and the Vendors. Paul Cotton Films cannot and does not make any representations or warranties as to the security of any information, including, without limitation, credit card and other personal information you might transmit to a Vendor. You are strongly encouraged to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with a Vendor.

11.2 Vendor policies.

All rules, policies (including privacy policies), and operating procedures of Vendors will apply to you while you are on the Vendors' sites. Paul Cotton Films is not responsible for information provided by you to the Vendors. Vendors and Paul Cotton Films are independent contractors and neither party has any authority to make any representations or communications on behalf of the other.

12. Communities

12.1 General

Through this Site, Paul Cotton Films may provide access to a wide variety of discussion forums, bulletin boards, chat areas, news groups, or other message or communication facilities (collectively "Communities"). The third-party content of the Communities including, without limitation, the content of a specific message, comment, or posting (collectively "Third-party Content"), is provided by and is the sole responsibility of the third-party creator, or the person hosting that Community. Further, some Third-party Content may be offensive, harmful, inaccurate, mislabeled, deceptive, or otherwise inappropriate. Paul Cotton Films HAS NO RESPONSIBILITY FOR SUCH THIRD-PARTY CONTENT AND IS MERELY PROVIDING ACCESS TO SUCH CONTENT AS A SERVICE TO YOU. Paul Cotton Films does not endorse or support any opinions expressed in the Communities, nor does it represent or guarantee the truthfulness or accuracy of any information posted in the Communities. Paul Cotton Films DISCLAIMS ALL LIABILITY WITH REGARD TO THE THIRD-PARTY CONTENT AND THE COMMUNITIES.

12.2 Community guidelines.

You are responsible for your own communications and any consequences thereof. You may only use the Communities to send and receive messages or materials that are legal, proper, and related to the particular Community. In addition, you must abide by the following Community Guidelines:

While on this Site, you may not do the following:

  • Impersonate another person or entity, or post, publish, upload, or in any way distribute, transmit, or disseminate (collectively "Post") any message anonymously or under a false name.
  • Defame, harass, threaten, stalk, abuse, or otherwise violate the legal rights (such as the rights of privacy and publicity) of others.
  • Post any obscene, pornographic, profane, or otherwise objectionable information, or unlawful information.
  • Post any material that infringes any patent, copyright, trademark, or trade secrets ("Intellectual Property") unless you are, or have the permission of the owner of the Intellectual Property to post or transmit such material.
  • Post any corrupted files, files that contain viruses or other destructive features, or any other software or programs that may corrupt or damage another party's computer.
  • Engage in any commercial activities, including advertising or offering to sell any goods or services, unless in a Community intended for commercial activity.
  • Post chain letters, pyramid schemes, surveys, contests, charity requests, or petitions for signatures.
  • Spam* (see definition below) or otherwise interfere with, restrict, or inhibit other users of this Site

* Paul Cotton Films defines "Spam" as the sending of a message, individually or en masse, to anyone not requesting it, or would not otherwise choose to receive it, regardless of whether sent by a business, individual, or nonprofit organization.

12.3 Termination of account.

Paul Cotton Films may, at its sole discretion, terminate your account(s) if it believes you have violated any of the Community Guidelines, or the Agreement

12.4 No obligation to monitor.

Paul Cotton Films has no obligation to monitor or control the Communities, except to respond to customer service inquiries. However, Paul Cotton Films reserves the right to take such action as it deems appropriate or necessary to comply with any applicable law or regulation, or to edit, refuse to post, or remove any information, in whole in part, for any reason, at our sole discretion.

13. Copyright complaints

Paul Cotton Films may, in appropriate circumstances and at its sole discretion, terminate the accounts of users who infringe on the copyright of others. If you believe that your work has been used or is accessible on the Site in a way that constitutes copyright infringement, please notify Paul Cotton Films by providing our copyright agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed
  • A description of the copyrighted work that you claim has been infringed, including where the copyrighted work exists or a copy of the copyrighted work;
  • A description of where on the Site the material that you claim is infringing is located, reasonably sufficient to permit Paul Cotton Films to locate the material;
  • Your address, telephone number, and email address;
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement from you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner, or you are authorized to act on the copyright owner's behalf. You can reach Paul Cotton Films for notice of claims of copyright infringement on this Site at our registered address.

14. Applicable law

These Terms of Use shall be treated as though they were executed and performed in Kelowna, BC, Canada and shall be governed and construed in accordance with the laws of the Province of British Columbia (without regard to conflict of law principles). The language in this Agreement shall be interpreted in a neutral manner and in accordance with their fair meaning. Any rule of law or legal decision that would require interpretation of any ambiguities in this Agreement against the party that has drafted them is not applicable and is waived. All legal proceedings arising out of, or in connection with, this Agreement shall be brought solely in Kelowna, BC. You expressly submit to the jurisdiction of the federal and state courts located in Kelowna, BC, and you consent to extra-territorial service of process. Paul Cotton Films and its affiliates make no warranties or representations that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

15. Export

Canada and the United Nations controls the export of products and information. You agree to comply with such restrictions and not to export or re-export materials of information to countries or persons prohibited under the export control laws. By downloading any materials, you represent that you are not in a country where such export is prohibited.

16. Credit cards

Paul Cotton Films takes your privacy seriously. If we should request a credit card number for transaction or identification purposes,we will not share your credit card information with any third party. To protect the security of your credit card information we employ the industry standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transmit that information to participating merchants.

17. Passwords

If you elect to register and obtain a password, you represent and warrant that you will not transfer your password, as it is not transferable.

18. Privacy

The terms of our Privacy Policy are incorporated into this Agreement. In the event that any term or statement elsewhere on this Site conflicts with or is contrary to this Agreement, this Agreement shall control.

19. All rights reserved.

All rights not expressly granted to you in this Agreement are reserved to Paul Cotton Films. You are responsible for compliance with the laws of your local jurisdiction. If any portion of this Agreement is determined to be invalid or unenforceable, all other terms of the Agreement will remain valid and enforceable. The failure of a party to enforce any provision of this Agreement shall not constitute a waiver of such provision or the right of that party to enforce such provision or any other provision.