TERMS OF USE

Effective Date: March 1, 2018

Last Updated: March 1, 2018

1. Preamble and General Principles

• A These terms of use describe the code of conduct that Blue Artichoke Films, and all of its properties operated under this name, hereinafter known as “Blue Artichoke Films,” requires of all end-users of Blue Artichoke Films’s Internet services (the “Services”) – I,e, those who access some of our Services but do not have accounts (“Visitors”). Blue Artichoke Films requests that you read these terms and conditions carefully.
• B Your use of Blue Artichoke Films’s services and/or order of products through Blue Artichoke Films’s websites constitute your acceptance of these Terms of Use. If you do not agree to abide by these Terms, you are not permitted to access Blue Artichoke Films’s services or order products.
• C Blue Artichoke Films’s websites link to other websites that have their own specific Terms of Use or Terms of Service, which you also agree to accept by using those websites and/or ordering products.
• D Blue Artichoke Films’s services contain materials of an adult, sexually explicit nature. You agree and affirm that you are not offended by adult, sexually explicit materials and wish to view such materials.
• E You agree and affirm that you are of legal age (18 years old in most jurisdictions, 21 in others) to purchase adult, sexually explicit materials in your jurisdiction. You agree and affirm that you are accessing and viewing Blue Artichoke Films’s services from a location and jurisdiction where the access and use of these adult, sexually explicit materials is not prohibited by law. You agree and affirm that you will not make the products purchased from or otherwise accessed by you from Blue Artichoke Films or its related websites available to minors or to any person that does not wish to view adult, sexually explicit materials. You agree and affirm that the products you purchase are for use and viewing in the privacy of your own home and will not be used for public display or be made available for public display.
• F Blue Artichoke Films does not make any warranties as to fitness for any particular use nor does Blue Artichoke Films make any warranties as to the accuracy of descriptions of the products.
• G The text, images, graphics, logos, illustrations, icons, data, scripts, programs, software, music, sound, videos and other materials that are shown on Blue Artichoke Films’s websites, delivered to you or otherwise made available through Blue Artichoke Films’s services are copyrighted by Blue Artichoke Films and/or the respective intellectual property owner. You agree not to duplicate, upload, distribute, reproduce, modify, display, post, transmit, sell or otherwise exploit or share the materials, videos, and other intellectual property from Blue Artichoke Films or third party providers. All content is copyrighted and protected under US and international copyright law. You are granted a limited license to view the content of the products and Blue Artichoke Films in the privacy of your own home only, and for personal use only. This limited license terminates if you breach any of these Terms.
• H You agree to indemnify Blue Artichoke Films and all third parties that are linked to Blue Artichoke Films and Blue Artichoke Films’s services, and all subsidiaries, affiliates, officers, agents, partners, and employees from any claims or demands made by any third party due to or arising from your use of Blue Artichoke Films’s services, purchase of materials from Blue Artichoke Films or any third parties linked from Blue Artichoke Films services, or use of any materials purchased or rented from Blue Artichoke Films or third parties linked from Blue Artichoke Films services.
• I Your use of Blue Artichoke Films’s services is at your own risk. Blue Artichoke Films’s services and all websites linked from it are provided “AS IS” and on an “AS AVAILABLE” basis. The content and materials are provided “AS IS” and no warranties are made of any kind. Blue Artichoke Films disclaims all warranties, express or implied, or any kind, including any implied warranty of merchantability, fitness for any purpose, or non-infringement. Blue Artichoke Films makes no representations, guarantees or warranties as to the quality, accuracy, suitability, truth or completeness of any portion of this website or any materials or information made available through Blue Artichoke Films’s services. Any references to any real person, living or dead, are purely coincidental. Blue Artichoke Films and its suppliers are not liable for the accuracy or completeness of any of the materials available through Blue Artichoke Films’s services.
• J Blue Artichoke Films makes no guarantee that the services will operate in any certain way or on any particular platform, software, browser, or hardware. Blue Artichoke Films makes no guarantee that the materials are acceptable or legally viewable in any jurisdiction or that the materials will meet your expectations or satisfaction. Any use of Blue Artichoke Films services is at your own risk and you are solely responsible for any damage to your computer hardware or software or loss of data that occurs during your use of the website regardless of fault, including damage or loss due to viruses, Trojans, or other malware.
• K No advice or information obtained through Blue Artichoke Films’s services will create any warranty and employees of Blue Artichoke Films or third party contributors are not authorized to alter these terms.
• L To the extent allowable, Blue Artichoke Films is not liable for any direct, indirect, incidental, consequential, punitive, exemplary or consequential damages that may occur from your use of Blue Artichoke Films’s services or any purchase, use or viewing of the materials available on these websites, including but not limited to loss of use, loss of profits, revenue, data, or any other loss you may incur however caused and regardless of fault.
• M You are solely responsible for adequate protection and backup of your hardware, software, data, and equipment used to view this website or access Blue Artichoke Films’s services.
• N You agree to hold Blue Artichoke Films, its suppliers, third party affiliates, officers, partners, and employees harmless from any claims based on use of the website or materials obtained through Blue Artichoke Films’s services whether in contract, tort, negligence, or otherwise to the extent permitted by law.
• O Blue Artichoke Films respects your desire for privacy. By using Blue Artichoke Films’s services, you are consenting to our use of your information according to the privacy policy in place at the time you use the website. Blue Artichoke Films may store your information and information regarding your use of Blue Artichoke Films’s services indefinitely. You may be redirected to third party websites, including third party billing companies, during your use of Blue Artichoke Films’s services. Information that you provide to any third party website is subject to the privacy policy of those websites. You should read and understand the privacy policies of each website before using Blue Artichoke Films’s services or entering any information.
• P You are not permitted to violate the security of Blue Artichoke Films’s services or access or attempt to access any data not intended for users of Blue Artichoke Films services. You are not permitted to access or log onto any server or account without specific authorization to do so. You are not authorized to scan, probe or test the vulnerability of Blue Artichoke Films services, websites, servers, or account security or authentication procedures. You are not permitted to interfere with the operation of Blue Artichoke Films’s services or its servers. You are not permitted to submit or attempt to submit viruses, Trojans, or malware of any kind. You are not permitted to attempt to overload, flood, spam, mailbomb, or crash the website or servers. You are not permitted to access any part of this website or its servers other than access granted to ordinary users. Violation of these conditions will result in termination of your authorization to use Blue Artichoke Films’s services and may result in civil liability or criminal investigation. Website will cooperate with law enforcement investigators to determine if criminal activity has occurred and cooperate with any prosecution. Notwithstanding other remedies, and without waiving any right to any other remedies.
• Q These Terms constitute the entire agreement between you and Blue Artichoke Films and govern your use of Blue Artichoke Films’s services, superseding any prior agreements, written, oral, or otherwise, including, but not limited to, prior terms of use. You may also be subject to additional terms as these Terms are updated and you are subject to the terms of third party websites that you may navigate to from Blue Artichoke Films’s services. You may not assign or transfer your user name, password, rights, or login information to any other party.
• R Any breach of these Terms could result in harm to properties for which monetary damages would be an inadequate remedy, and therefore, in addition to the remedies otherwise available, including monetary damages, Blue Artichoke Films will be entitled to equitable relief, including but not limited to injunction, costs, and attorney’s fees associated with Blue Artichoke Films enforcing its rights against you.
• S You agree to subject yourself to the personal jurisdiction, laws and courts of Amsterdam, The Netherlands, in the event of a suspected breach of these Terms.
• T For transactions processed by our agents CCBill and Epoch, you agree to subject yourself to the personal jurisdiction, laws and courts of Malta and California respectively, in the event of a suspected breach of these Terms.
• U You agree to abide by all laws, including international import and export laws and to refrain from using Blue Artichoke Films’s services or purchasing products that may be in violation of any laws.
• V The failure of Blue Artichoke Films to enforce any of these Terms does not constitute a waiver thereof. If any of these Terms is held to be unenforceable or invalid, you agree that the remaining Terms continue to be binding and enforceable.
• W Blue Artichoke Films, in its sole discretion, may terminate your use and access of its services at any time and for any reason, or no reason if it believes you have violated any of the terms of use. Any termination may occur without notice to you and Blue Artichoke Films may immediately deactivate or delete your account. Blue Artichoke Films will not be liable to you or any third party for any reason upon termination of your account.

2. Revisions to this Policy

• A You agree that these Terms may be modified or amended at any time and in any manner, and that you accept the updated Terms at the time they are published on this website. Each time you use Blue Artichoke Films’s services you agree to the Terms as published. You should periodically check for any modifications of these Terms by re-visiting this web page and using the “refresh” button on the user’s browser. You should note the date of last revision to these Terms, which appears at the top of this page. If the “last modified” date remains unchanged after the user has clicked the “refresh” button on his/her browser, the user may presume that no changes have been made since the last reading of the Terms. A changed “last modified” date indicates that these Terms have been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
• B Copyright Infringement Take-down Notification:
  • 1 If you believe that work published at Blue Artichoke Films infringes upon an existing copyright, send written notification that includes the following elements, pursuant to Title 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act. Please consult your legal counsel for specific requirements.
    • a A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    • b The URL of copyrighted work allegedly infringed, or if multiple works are allegedly infringed, a representative list.
    • c Your name, mailing address, telephone number, and email address at which you may be contacted.
    • d A statement that you believe in good faith that use of the material is not authorized by the copyright owner or otherwise under the law.
    • e A statement that the information in your communication is accurate under penalty of perjury, and that you as the complaining party are authorized to act on behalf of the owner of the copyright allegedly infringed.
  • 2 If you are not sure whether the material infringes someone else’s copyright, please contact an attorney before contacting Blue Artichoke Films. Title 17 U.S.C. 512(f) of the Digital Millennium Copyright Act establishes that any person who knowingly misrepresents that material is infringing upon a copyright may be subject to liability.

3. Billing Questions

• A Our FAQ covers most billing questions.
• B Please send all billing inquiries to info@blueartichokefilms.com

4. Where to Direct Questions regarding Blue Artichoke Films’s Terms of Use Policy

If you have any questions about Blue Artichoke Films’s Terms of Use or the practices or policies described herein, you may contact our Customer Service Department at support@blueartichokefilms.com