TERMS OF SERVICE

I.   About This Document

These websites are owned and operated by Knight Sky Pictures, LLC. This document, along with the Privacy Policy and Code of Conduct set forth the terms and conditions under which you may use our websites and services as offered by us. By accessing or using the websites of our service, you approve that you have read, understood, and agree to be bound by these Terms.

By visiting knightskypictures.com or ghostsofthewestmovie.com, you are consenting to our terms and conditions. In addition, when using our sites’ particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.

ANY PARTICIPATION ON OUR SITES WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE OUR SITES.

II.  No Warranties

Though we have taken reasonable steps to include accurate information and content on our sites, we are not responsible for any error or inaccurate information provided herein. The sites and their components as well as any information provided on and accessible from our sites are for educational and informational purposes only and should not be used for any other purpose. Knight Sky Pictures shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via its sites, and shall not be responsible or liable for any error or omissions in that information.

The sites and their components as well as any information provided on and accessible from our sites do not necessarily reflect the opinions of Knight Sky Pictures, its principals, or employees, nor are they guaranteed to be correct, complete, or up-to-date. Our sites are not intended to create a client relationship, and access to or receipt of information included on or communicated through our sites does not constitute such a relationship.

OUR WEBSITES AND THE MATERIALS THEY CONTAIN ARE PROVIDED ON AN “AS IS” BASIS. ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED. NEITHER WE NOR ANY PERSON OR COMPANY ASSOCIATED WITH US WILL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE.

The sites, owners, and employees make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to the sites, materials on or provided through the sites, user content, functions made accessible on or though the sites, any products, services or instructions offered or referenced at the sites, and or security associated with the transmission or information transmitted to or from the sites.

The sites may contain links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other resources that may be of interest, and are not intended to state or imply that Knight Sky Pictures, its principals, or employees recommend, support, sponsor, or are in any way affiliated or associated with any person or entity associated with those links, or are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

III. Intellectual Property

The entire content of knightskypictures.com and ghostsofthewestmovie.com are protected by copyright, trademark, and other intellectual property laws. Our sites are provided solely for your personal noncommercial use.

 

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Knight Sky Pictures, LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

Images, clips, music, and text may not be copied, reproduced, modified, republished, posted, sold, uploaded, downloaded or distributed in any way, in whole or in part, without the express prior written approval from Knight Sky Pictures. Any unauthorized use of the materials in the sites is prohibited and a violation of federal and international law.

 

If the sites allow users to comment on blog posts or articles, any comments deemed spam, defamatory, offensive, obscene, libelous, or infringing on others’ intellectual property will be removed.

IV. Requirements to Create an Account

In order to use our websites and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms of Service as a binding agreement. You are not allowed to use these websites and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

V. Purchases, Refunds, Exchanges, and the Right to Refuse Service

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the store, product, and checkout pages.

Refer to the product pages for the current refund and exchange policy, as the policy varies by product. Note that Knight Sky Pictures reserves the right to refuse service to anyone, for any reason, with or without stating a cause.

When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

VI. Retention of Right to Change Offering

We may, without prior notice, change the products and services; stop providing the products and services or any features of the services we offer; or create limits for the products and services. We may permanently or temporarily terminate or suspend access to the products and services without notice and liability for any reason, or for no reason.

VII. Right to Suspend or Cancel User Account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

VIII. Indemnification

You agree to indemnify, defend and hold harmless Knight Sky Pictures, LLC, and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the websites, any of the services offered on the website, your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

IX. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Knight Sky Pictures, LLC, and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service

.

To the maximum extent permitted by applicable law, Knight Sky Pictures, LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

X. Modification

We reserve the right to add, delete, or modify these Terms of Service from time to time at our sole discretion Your continued use of the websites or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the websites or their services. Questions about the Terms of Service should be sent to us through our sites’ contact pages.

XI. Promotional Emails and Content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with. If you don't want to receive such promotional materials or notices, please just notify us at any time.

XII. Preference of Law and Dispute Resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Colorado in the United States of America, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in the town of Estes Park, Colorado. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Updated July 21, 2018

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