Terms and Conditions

Terms and Conditions


PYRAMID MEDIA


Listed below are the basic terms and conditions that govern your use and purchase of precuts/programs from our website. Your use of the content purchased from Pyramid Media (PM) constitutes your acknowledgement and agreement to all of the terms and conditions contained below ("Terms of Use").


PM is the Licensor and you, the user, are the Licensee.


You hereby agree to the following Terms of Use:


1. Grant of License
PM grants to the Licensee a limited, non-exclusive, revocable license to use the Content (as defined below) in an educational OR home video setting.


CUSTOMER ACKNOWLEDGES THAT THE PROGRAMS MAY NOT BE DUPLICATED, BROADCAST, TRANSMITTED BY CABLE OR OTHERWISE, ON ANY MULTI-RECEIVER OPEN OR INTERNET SYSTEM, OR DISPLAYED BEFORE THE PUBLIC, WHETHER OR NOT ADMISSION IS CHARGED. CUSTOMER SHALL EXHIBIT THE PROGRAMS ONLY AS HEREIN SPECIFIED AND USE THE PROGRAMS FOR NO OTHER PURPOSE.


Customer shall not sublicense, sublease or part with possession of any Program received by Customer hereunder. Performing rights to music contained in any Program are not granted herein. Nothing herein shall derogate from any rights of Pyramid or any other copyright proprietor of any Program under the United States Copyright Law or any applicable foreign copyright laws. The Content is licensed solely for classroom teaching, research, educational non-commercial multimedia projects, classroom presentations, and individual presentations for use in educational institutions or public libraries.


PUBLIC PERFORMANCE RIGHTS
A "public performance" is any performance of a videocassette, DVD, videodisc or film which occurs outside of the home, or at any place where people are gathered who are not family members, such as in a school or library..


EDUCATIONAL TELEVISION
Television rights for cable, commercial, educational television, or internet/web television are specifically NOT included with purchase and are covered by a licensing agreement. Contact Pyramid Media for more information.


2. Copyright: All materials purchased from PM including, but not limited to, video, DVD, audio, graphics, text, images, and interactive media ("Content") are the property of PM or have been licensed to PM, and are protected by international copyright and trademark laws. Licensee has no ownership of the Content. Licensee may not copy, create derivative works from, transmit, perform, modify, display, stream or sell any information, products or services obtained from this site, except as expressly permitted under applicable law, as expressly stated for a specific product, or as described in these Terms of Use. In addition, the contents of this Web site, including but not limited to design, "look and feel," software code, text, images, audio, and audiovisual Content, are copyrighted, with all rights reserved by Pyramid Films Corporation.


3. Price: Customer shall pay to Pyramid for the right to exhibit the Programs under the conditions set forth herein the amount required for the order or rental and as set forth in Paragraph 3 hereof immediately upon invoicing by Pyramid.


4. Payments: Customer shall pay to Pyramid the following sums in the manner and at the times herein specified, time being of the essence with respect to all such payments:

(a) the price for each Program as specified on this website and together with the delivery charge therefore, and
(b) any and all taxes, fees and other like charges billed to Pyramid and imposed, levied or based upon this license agreement, the delivery, possession, exhibition or use of any Program, or upon the grant or exercise of any rights hereunder, or upon the sums payable by Customer to Pyramid pursuant hereto; and
(c) All other charges specified elsewhere in this agreement.


5. Term: The term of this license with regard to each Program shall commence as of the date each Program is delivered for shipment to or mailed to the Customer and shall continue for the term of the order. DVD rights exist for the life of the DVD.

Term for other rights/licenses: The term of other rights/License Agreements shall be concurrent with the length of the license chosen by the Licensee (i.e. 1 year, 3 year, perpetual, or other agreed upon term) ("Term"). Upon expiration, non-renewal, or any termination of the license, all Licensee's rights to use the Content shall cease, except as otherwise provided herein below. Except for noncommercial student projects, all Content in all formats must be erased, deleted, or destroyed upon expiration or any termination of this Agreement. Student multimedia projects need not be destroyed but they may not be used for instructional purposes by the Licensee's organization after expiration of this Agreement.


6. Disclaimer of Warranties
Licensor makes no warranty whatsoever, including without limitation: as to the accuracy, reliability, availability, suitability, quality, or operation of any information, software, or service provided.

Licensor and all information, products and other content (including third party information, products and content) included in or accessible from PM Content are provided "as is" and without warranties of any kind (express, implied and statutory, including but not limited to the warranties of title and noninfringement and the implied warranties of merchantability and fitness for a particular purpose), all of which PM disclaims to the fullest extent permitted by law. Licensee's use of the Content is at licensee's sole risk.


7. Default: if Customer defaults hereunder, without limitation of its remedies:

(a) Pyramid in addition to other remedies may repossess any Program previously delivered hereunder;
(b) Pyramid may refuse to take further orders from Customer and may refuse to make further shipments of Programs to Customer, and
(c) Customer agrees to pay Pyramid costs and expenses of collection and/or repossession, including maximum attorney fees permitted by law.


8. Termination: In the event that:

(a) Customer defaults in the timely payment of any sums hereunder, and such default continues for a period of five days, or
(b)Customer advertises the Program contrary to the provisions of Paragraph 4, or
(c) Customer defaults with respect to any of the other provisions hereof and fails to cure such default within three (3) days after written notice thereof from Pyramid or
(d) Customer becomes insolvent, or files a petition in bankruptcy, or is adjudicated bankrupt, or executes an assignment for the benefit of creditors, or an involuntary petition in bankruptcy is filed against Customer, or a receiver or trustee is appointed for any of Customers property, then, in any one or more of such events, Pyramid may in its discretion at any time thereafter, terminate the license herein granted and all rights to Customer thereunder, such remedy shall be in addition to and without prejudice to any right or remedy in law or equity or provided for elsewhere in this agreement on account of any violation or breach. Immediately upon termination of the license herein granted, Customer shall, at its expense, deliver any and all the Programs previously delivered to it, together with the chips or digital packets, cassettes, DVDs and containers pertaining thereto, to Pyramid and shall pay to Pyramid all moneys payable hereunder.


9. Limited Warranties and Remedies: Pyramid warrants each Program to be free from defects in material or workmanship at the time of delivery, In the event of Pyramid's breach of such warranty Customers exclusive remedy shall be that Pyramid will replace the defective Program provided Customer returns the defective Program to Pyramid, Pyramid hereby disclaims any other warranties, express or implied.


10. Guarantee
Pyramid Media guarantees its product. Returns will be accepted for any program within 30 days of purchase - a credit will be issued for future purchases.


11. Indemnification
Licensee agrees to indemnify Licensor, its directors, officers, shareholders, employees, parents, subsidiaries, affiliates, agents and licensors, from and against all losses, expenses, damages and costs, including legal and accounting fees, resulting from Licensee's violation of these Terms of Use.


12. Governing Law
These Terms of Use are governed by the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. Licensee hereby consents to the jurisdiction of the state and federal courts located in Los Angeles California.


13. Trademarks
Pyamid Films, Pyramid Film and Video, Pyramid Media and Pyramid Home Video and their respective logos that appear throughout the Web site belong to Pyramid Films, Inc. The American Safety & Health Institute and the ASHI logo are registered trademarks of the American Safety & Health Institute. Except as permitted by applicable laws, Licensee is prohibited from using any of the marks appearing on this site without express written consent from their respective trademark owners.


14. Miscellaneous
Licensor reserves the right to refuse service and terminate accounts at its sole discretion, with or without cause, including, but not limited to, if Licensor believes Licensee's conduct violates applicable law or is harmful to Licensor.


Licensor's rights, including but not limited to all rights of remedy for Licensee's breaches under this Agreement, shall continue in perpetuity.


Licensor reserves the right to change, modify, add, or remove portions of these Terms of Use or this service at any time. Please check this page periodically for any modifications. Licensee's continued use of this site following the posting of any changes will mean that Licensee has accepted the changes. Licensor may add, delete, or modify features, titles, as well as the scope of service and support provided. Pricing, product features and specifications, and product title library are all subject to change without notice.


No delay or failure of Licensor to take action under these Terms and Conditions will constitute a waiver by Licensor, unless expressly waived in writing by Licensor.


With the exception of the rights to use Content, all other provisions of this Agreement shall survive termination and shall continue to legally bind Licensee.


These Terms of Use constitutes the complete agreement of the parties and contains the entire understanding of the parties hereto relating to the Content, supersedes any prior written or oral agreement or understandings between the parties with respect to the Content, and cannot be changed or terminated orally. Only a writing specifically referencing these Terms of Use and signed by the parties hereto may amend them.


 

 

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