By visiting www.calvinmarshall.com (the "Site") you signify your agreement to the Terms of Use of Calvin Marshall Productions, LLC ("CMP"). If you do not wish to be bound by these terms of use, please do not use, visit or browse the Site.
Applicability
The Site is controlled and owned by CMP and is intended to be useful and entertaining to its users as well as to promote certain projects, motion pictures, products and programs. The Site is controlled and run by CMP from its offices in the State of California. We make no representation that the materials and content of this site are appropriate or available for use outside the United States. Visitors from outside the United States are responsible for compliance with all applicable local laws.
Intellectual Property
All content and materials featured on this site are protected by copyrights, trademarks, service marks, trade secrets and/or other proprietary laws. All word marks, names, texts, logos, trademarks, service marks, copyrights, images, button icons, digital downloads, clips, photographs, illustrations, biographies, synopses (collectively "IP Materials") are either owned by CMP or licensed to CMP. The compilation of all the content on the Site is the exclusive property of CMP or its content providers and is protected by US and international copyright laws. All software used on this site is the exclusive property of CMP or its software providers and is protected by U.S. and international copyright laws. "Calvin Marshall", "Bisons Brigade", "Ernie's Construction", "Bayford Bisons", "BB" and other marks appearing on CMP's website are copyrights and/or trademarks owned by or licensed to CMP. The IP Materials may not be used on any other products or in any manner without express written consent.
Notwithstanding the foregoing, you may view and use one copy of the material on CMP's website on any single computer for your personal and non-commercial purposes only provided that you keep all copyright and other proprietary notices intact. You may not disseminate, reproduce or modify the IP Materials without the express consent of the intellectual property rights owners. If you want to reproduce the materials for commercial purposes, contact CMP to negotiate a license. You may not attempt to circumvent the security, modify or change any of the content on CMP's website.
Third-Party Website Links
The Site may provide links to related and independent third-party websites for your convenience, including websites run by CMP's affiliates and sponsors. CMP is not in control of nor responsible for the content and material featured on any third-party website. CMP does not review the content of the third-party websites and the inclusion of a link does not imply endorsement of the website. You access other sites at your own risk and you should review their Terms of Use and Privacy Policies.
User Submissions, Conduct & Grant of Limited License
You will use CMP's website and all of its contents for lawful purposes and at your own risk. You assume full responsibility and liability for all claims arising from your use. You agree that your access to any CMP-sponsored areas (message boards, bulletin boards, chat rooms, surveys, etc.) and the like where visitors may post reviews, comments, upload, post or submit suggestions, ideas, notes, advice, concepts, techniques or other information will be lawful. You represent and warrant that you own or otherwise control all of the rights to the content you post, that the content is original, accurate and will not infringe, injure or violate any rights of any third party (person or entity) and that it will not be obscene, vulgar, offensive, pornographic, threatening, defamatory, invasive of privacy and further will be free of any software containing viruses, worms, Trojan horse(s), or other computer codes that may disrupt or corrupt CMP's software or services, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam." You may not collect or store personal information regarding other users without their express permission. You will not impersonate any other person while using CMP's website nor provide us with a false email address. CMP reserves the right to monitor and remove content from its site without notice.
All submissions to CMP will become the property of CMP and may be used by CMP and its affiliates without notice or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, modifying or improving CMP's website and materials. By your submission you grant CMP, its affiliates, community partners and assignees a royalty-free, perpetual, irrevocable, non-exclusive license to use such material for any type and kind of use whatsoever in any media now known or hereafter devised. Further, you authorize CMP to use your name in connection with the material you provide.
Transactions
During your visit to CMP's website you may elect to engage in a transaction involving the purchase of products, print or online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are handled by a third-party processing merchant vendor, agent, bank or distribution institution. While in most cases transactions are completed without difficulty, we cannot guarantee "perfect security" on the Internet or offline and we are not responsible for the success or security of transactions processed by third parties.
Information on this website may change without notice and may contain inaccuracies or typographical errors including errors in prices. On occasion, a product or service may be offered on a first-come, first-served basis, may not be available at the time or at the price as it appears in an advertisement, and may change due to information received from our advertisers or suppliers. CMP is not responsible for such errors or discrepancies.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF CMP'S WEBSITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES PURCHASED VIA CMP IS SOLEY AT YOUR OWN RISK. ALL MATERIALS, CONTENT, PRODUCTS AND SERVICES OFFERED AND PROVIDED BY CMP VIA CMP'S WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." CMP DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CMP, ITS MANAGERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, COMMUNITY PARTNERS, FULFILLMENT COMPANY, VENDORS, LICENSEES NOR ANY PERSON/ENTITY INVOLVED WITH THE CREATION, PRODUCTION AND DISTRIBUTION OF CMP'S WEBSITE AND PRODUCTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN CMP'S WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND CMP ASSUMES NO RESPONSIBILITY FOR ERRORS O
R OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES OR OTHER CONTENT OF CMP'S WEBSITE. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
CMP DOES NOT ENDORSE ANY MATERIAL, INFORMATION, CONTENT OR OPINIONS INCLUDED AND/OR EXPRESSED BY THE USERS OF CMP'S WEBSITE ON ANY BULLETIN BOARDS, CHAT AREAS OR OTHER FORUMS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH MATERIAL, INFORMATION OR OPINIONS. CMP RESERVES THE RIGHT TO, AT ITS SOLE DISCRETION, REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME ALTHOUGH CMP IS UNDER NO OBLIGATION TO MONITOR OR REVIEW THE USER'S CONTENT.
THE ABOVE WILL APPLY TO THE EXTENT PERMISSIBLE BY LAW.
Corrections
While we make every effort to ensure the accuracy of product and price information, errors do occasionally occur. We reserve the right to correct any errors or inaccuracies at any time. We apologize for any inconvenience this may cause.
Returns/Refunds
If you are not completely satisfied with your purchase, you may return it within 45 days of purchase for a refund, less shipping costs and a $5.00 restocking fee.
Prices
The prices on the site will not necessarily match prices in CMP's catalogs or retail outlets. The prices on the site are valid only on the site and cannot be matched over the phone or in retail outlets. That means if the site has a promotion, that promotion can only be received on the site and will not be honored over the phone.
Risk of Loss
All items purchased from CMP are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Limitation of Liability
CMP, ITS MANAGERS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES/COMMUNITY PARTNERS, VENDORS, ETC. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, OR OTHER LINKED WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE EVEN IF CMP HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF DAMAGE.
THE ABOVE WILL APPLY TO THE EXTENT PERMISSIBLE BY LAW.
Indemnification
You will indemnify CMP, its managers, officers, directors, shareholders, members, employees and assigns and its affiliated and subsidiary companies, affiliates, community partners, agents, vendors, licensees and each of its successors, licensees, heirs, and assignees of each from and against any and all claims, losses, damages (including reasonable attorney's fees) constituting and arising out of a breach of any of the provisions of these Terms of Use, including, without limitation, your placement or transmission of any content onto CMP's servers and/or from any and all use of CMP's website.
If we believe that at any time you have violated any of these Terms of Use we may terminate your access to CMP's website.
Governing Laws
These terms of use shall be governed and construed by the laws of the State of California. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. Any disputes should first be brought to the attention of CMP. If resolution is not reached, these may be submitted for arbitration in the State of California.
Changes
Please check the Terms of Use periodically for changes. The Terms are subject to change at any time without notice and your continued use of this site following the posting of any changes constitutes acceptance of the changes. The terms of the current version will supersede any prior versions.
CMP's Terms of Use were updated on August 1, 2010.