Terms of Service
Terms & Conditions of Service
(Last Updated: July 1st, 2019)
Collage Video, a wholly owned website of Bayview Entertainment, LLC (the “Company”) operates this website (the “Site”). These Terms and Conditions of Use apply to the Site (“Terms and Conditions”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to all such terms, conditions and notices, please stop using the Site.
As Company changes from time to time, these Terms and Conditions are expected to change as well. We reserve the right to amend these Terms and Conditions of service at any time and for any reason. The date of the last revision to these Terms and Conditions will be indicated by the "Last updated" date at the bottom of this page. Your continued use of the Site after such amendments have been made constitutes your acceptance of such changes to these Terms and Conditions.
LICENSE AND SITE ACCESS
Company grants you a limited personal, revocable, non-transferable and non-sublicensable license to access and use the Site for the purpose of learning about Company and its products and services, including video (regardless of the media in which it is stored) and the streaming of video on an individual product basis or as a subscription service (collectively the “Products”), and for purchasing such Products either as a physical product or as a service that allows you to download a specific product or subscribe for access to the entire catalog of Products for a fixed period of time.
This license does not grant you the right to resell Products or access to the Products or to share your identification and password with others so that they can access your subscription services. Any such misuse of the Site and/or Company’s subscription service is a basis for terminating your right to use the Site. If your right to access the Site is terminated on this basis, you will not be able to continue to access your subscriptions.
You are not granted a license to use of any Product listings, descriptions, files or prices contained on this Site except for the purpose of purchasing items from this Site and for using the Products. Downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering, and extraction tools is specifically forbidden. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of Company without express written consent. You may not use any meta tags or any other hidden text utilizing Company' name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Site, Company or its affiliates, or their Products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
You must open an account to order or stream Product from us. If you decide to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the account registration form. As part of the account registration process you will choose a password and enter your e-mail address as your user name. You are entirely responsible for maintaining the confidentiality of your password and account. Moreover, the right to use the Site is personal to you and your immediate family. The subscription fee you pay does not allow you to share your access with others. Company reserves the right to add or remove Products at any time.
Payment for a subscription service is in advance for the period of time specified on the website. Thus, for example, if the service is offered monthly, you will pay on or before the first of the month and have access for the entire month. If you authorize us to do so and provide a payment source that permits it, we will automatically bill you for such additional periods.
You are entirely responsible for any and all activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your method of payment); and (3) you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated method of payment. You agree to pay for all charges (including charges by other persons using your account) and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of this Agreement and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in your account. Company may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable Products.
Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Company may also terminate or suspend your access to the Site for inactivity (if you do not log on for six months or longer).
RISK OF LOSS
For all purchases from the Site, the risk of loss and title for such items pass to you upon our delivery to the carrier (e.g. Federal Express, UPS, U.S. Postal Service).
Company and its affiliates attempt to be as accurate as possible when describing our Products and services. However, Company does not warrant that Product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free.
Our return policy is separately stated on our Site. Follow the instructions on the Site if you need to return a Product that you have purchased. There are no returns or refunds for streaming content subscriptions.
NOTWITHSTANDING the foregoing, if the website indicates that a Product is on special or final sale and is not returnable, such sales are final and no return will be accepted, and no refund will be given.
YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM COMPANY, SOLELY BY ELECTRONIC COMMUNICATION. YOU CONFIRM THAT YOU HAVE PROVIDED COMPANY A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION. YOU FURTHER AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
All content included on the Site, such as text, graphics, logos, button icons, images, templates, PDF files, digital downloads, and data compilations, is the property of Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Company and is protected by U.S. and international copyright laws. All software used on the Site is the property of Company and is protected by United States and international copyright laws.
Take-Down Notices Under the DMCA. If Company allows you to post materials or messages on a publicly accessible portion of the Site, then Company must protect itself against the posting of any such materials that infringe on the rights of others. Company will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted according to the procedures set forth in the DMCA to the following Designated Agent for Company:
Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of Company: Ryan Wallace or Collage Video Manager.
Full Address of Designated Agent to Which Notification to Company should Be Sent:
Bayview Entertainment, LLC
10 West Pkwy #7
Pompton Plains, NJ 07444
Email of Designated Agent: firstname.lastname@example.org
Company and the Company logo are trademarks or trade dress of Company. These trademarks and trade dress may not be used in any way without the express, written consent of Company. All other trademarks not owned by Company or its subsidiaries that appear on this web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company or its subsidiaries.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
YOU SPECIFICALLY AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR DATA, OR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE OF DAMAGES IN EXCESS OF (i) IF THE LIABILITY ARISES OUT OF A PRODUCT YOU PURCHASED, THE PURCHASE PRICE OF THE PRODUCT CAUSING THE DAMAGES; and (ii) IF THE LIABILITY DOES NOT ARISE OUT OF A PRODUCT YOU PURCHASED, ONE HUNDRED DOLLARS ($100.00).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless Company, its officers, directors, members, employees, agents, licensors and vendors from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
You agree that Company may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any information you posted (if we allow posting) violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Company, the other users of the Site, and the public.
The New Jersey Superior Court located in Morristown, New Jersey and the United States District Court for the District of New Jersey shall have exclusive jurisdiction over any dispute arising out of this agreement, your use of the Site, or your purchase of Products on this Site and you agree to the exclusive jurisdiction of such court.
If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
10 West Pkwy #7
Pompton Plains, NJ 07444
phone number: 908.707.4900
This Agreement and the relationship between you and Company shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the Superior Court of the State of New Jersey located within Morris County and the U.S. District Court for the District of New Jersey.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Product purchased from the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you agree that Company is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.
Except as otherwise specified elsewhere in this Agreement, notices to Company may be given at the foregoing email and postal addresses, and notices to you may be given at the street address and/or e-mail address provided to us at the time of registration and/or the purchase of Product from Company.
Copyright © 2021 Collage Video - All Rights Reserved.