TERMS OF SERVICE
We Massive Filming Inc operate this website “The Truth Is Coning ,” using the Local Platform™ provided to us under a rental basis.
These Terms of Service (TOS) constitute a binding agreement between us and you, as a visitor to this website, regardless whether or not you rent from this website by providing your email address and any other information. The TOS governs all use of this website and all content, services and products available at or through this website.
This website is offered subject to your acceptance without modification of all of the terms and conditions contained in the TOS, our privacy policy, and all other operating rules, policies, and procedures that we may publish from time to time on this website.
Please read the TOS carefully before accessing or using this website. By accessing or using any part of this website, you agree to and are bound by the TOS. If you do not agree to all the terms and conditions of the TOS, then you are not permitted to access this website or to access or use any content, services, and products available on or through this website. If these terms and conditions were construed as an offer by us, acceptance is expressly limited to these terms.
1. Fees and Payment. Certain paid services or products may be available from time to time on this website. The terms and
conditions applicable to any paid services or products will be as set forth on this website in connection with that paid service or
product. Payments are not refundable.
2. Copyright Infringement and DMCA Policy. As we ask others to respect its intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by this website violates your copyright, you are encouraged to notify us in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy.
3. Intellectual Property. This TOS does not transfer to you any of our intellectual property, or the intellectual property of any third party. All trademarks, service marks, graphics and logos used in connection with this website are trademarks or registered trademarks of us, DoStuff, our licensors, or other third parties. Your use of this website grants you no right or license to reproduce or otherwise use any trademarks of ours, DoStuff, our licensors, or third parties.
4. Changes. We reserve the right, in our sole discretion, to modify or replace any part of this TOS. It is your responsibility to check this TOS periodically for changes. Your continued use of or access to this website following the posting of any changes to this TOS constitutes acceptance of those changes. We may also, in the future, offer new services and/or features throughthis website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this TOS.
5. Termination. We may terminate your access to all or any part of this website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this TOS or your account /rental on this website (if you have one), you may simply discontinue using this website. All provisions of this TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. Disclaimer of Warranties. This website is provided “AS IS.” We and our suppliers and licensors (including but not limited to Massive Filming Inc disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our suppliers and licensors (including but not limited to Massive Filming Inc makes any warranty that this website will be error free or that access to this website will be continuous or uninterrupted. You download from or otherwise obtain content or services through this website at your own discretion and risk.
7. Limitation of Liability. In no event will we nor our suppliers or licensors (including but not limited to Massive Filming Inc.) be liable with respect to any subject matter of this agreement (the TOS) under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to us under this agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
8. General Representation and Warranty. You represent and warrant that (i) your use of this website will be in strict accordance with our Privacy Policy, with this TOS, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside); and (ii) your use of this website will not infringe or misappropriate the intellectual property rights of any third party.
9. Indemnification. You agree to indemnify, defend, and hold harmless us, our contractors, our licensors, and Massive Filming Inc, and each of these companies’ respective directors, officers, employees and agents, from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of this website, including but not limited to your violation of this TOS or our privacy policy.
10. Miscellaneous. This TOS constitutes the entire agreement between us and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by one of our authorized officers, or by our posting of a revised version. Except to the extent applicable law, if any, provides otherwise, this TOS, and any access to or use of this website, will be governed by the laws of the State of Texas, U.S.A., excluding its conflict of law provisions, and the proper and exclusive venue to resolve any dispute arising out of or relating to any of the foregoing will be the state and federal courts located in Harris County, Texas. The prevailing party in any action or proceeding to enforce this TOS shall be entitled to recover costs, expert witness charges, and attorneys’ fees. DoStuff is an intended third party beneficiary of this TOS (including but not limited to paragraphs 3, 7, 10, 11, and 13), and shall be entitled to enforce it. If any part of this TOS is held invalid or unenforceable, that
part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this TOS or any breach thereof, in any instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this TOS to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign our rights under this TOS without condition. This TOS will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
11. Attribution. This TOS was adapted from the Terms of Service provided by the good people at WordPress.com under the Creative Commons Sharealike License.
