Terms of Service and Legal Information

Agreement to the Terms of Use

Welcome to twaineddyfilm.com, owned and operated by twaineddyfilm.com (the “Web Site” or “Site”). By using this Web Site, you accept and agree to abide by the rules, guidelines, policies, terms and conditions of this Site, as stated below and in the Privacy Policy. This Web Site’s Privacy Policy is hereby incorporated into these Terms by reference. twaineddyfilm.com reserves the right to change the Terms of Service and Privacy Policy of this Site at any time.

Copyright

The material on this Web Site, such as text, photographs, images, graphics, logos, button icons, audio, video, and software as well as the compilation of such material, is the property of twaineddyfilm.com and its affiliates or its content suppliers and is protected by U.S. copyright law, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. twaineddyfilm.com grants you the right to view and download this copyrighted material for personal, noncommercial, home use only, provided you keep all copyright and other proprietary notices intact. Unless you’re allowed through the Licensing Information, you agree not to modify, edit, adapt, create derivative works from, publicly perform or display, transmit, publish, sell, republish, redistribute, strip mine, or reproduce in quantity, or otherwise make unauthorized use of any material contained on this Web Site without the express written permission of twaineddyfilm.com.

If you’d like to have permission or just want further information about republishing Site content, please contact us at info@twaineddyfilm.com.
Generally on this Site, models in photographs are used for illustrative purposes only and do not necessarily endorse this Site.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe this Web Site is infringing your copyright, twaineddyfilm.com will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 -(2) (“DMCA”). Pursuant to DMCA, written notification of claimed copyright infringement may or should be submitted to the following Designated Agent for this Site:

Service provider(s): twaineddyfilm.com
Name of agent designated to receive notification of claimed infringement: Raymond J. Rekuc CPA.

Full address of designated agent to which notification should be sent:
180 Old Tappan Rd
building 1 Su 4
Old Tappan NJ 07675
Telephone number of designated agent: 201-784-1040.
Email address of designated agent: RJRekuc@att.net.

To be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademarks

Logos and images used on this Site’s goods and services are property of twaineddyfilm.com or its affiliates and may not be used in any manner without obtaining written permission. All other trademarks are the property of their respective owners.

Blog post comments

If you submit comments to the site, you grant twaineddyfilm.com and its affiliates a non-exclusive, worldwide, royalty-free, right to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, and display such statements, questions or comments, in whole or in part, on twaineddyfilm.com, with or without name attribution. You also warrant that the submission does not violate the rights of any third party.

You agree that you won’t post any of the following on the Site:

Material which defames, defrauds, abuses, accuses, or threatens others, or which contains vulgar, sexually-oriented, obscene, or indecent language or images.
Statements that are bigoted, hateful, or racially offensive.
Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
Unauthorized copyrighted material.
Advertising or any form of commercial solicitation.

Statements or postings that violate these terms will be deleted upon discovery.

Kilmerfilms, Inc. does not endorse and has no control over the content of commnets submitted by others to blog posts. Comments submitted to blog posts are not necessarily reviewed by Kilmerfilms, Inc. prior to posting and do not necessarily reflect the opinions or policies of twaineddyfilm.com. Kilmerfilms, Inc. makes no warranties, express or implied, as to the content of the comments in the blog posts or the accuracy and reliability of any comment in a blog post. Nonetheless, Kilmerfilms, Inc. reserves the right to prevent you from submitting comments to blog posts and to edit, restrict or remove such comments for any reason at any time.

Kilmerfilms, Inc. assumes no responsibility for actively monitoring comments for inappropriate messages. If at any time Kilmerfilms, Inc. chooses, in its sole discretion, to monitor comments, Kilmerfilms, Inc. nonetheless assumes no responsibility for the content of the comments, no obligation to modify or remove any inappropriate comments, and no responsibility for the conduct of the user submitting any comment. In submitting comments to blog posts, you agree to strictly limit yourself to discussions about the subject matter for which the blog posts are intended. You agree that Kilmerfilms, Inc. accepts no liability whatsoever if it determines to prevent your comments from being submitted or if it edits, restricts or removes your comments. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the site by any other person.

RSS Feeds

Kilmerfilms, Inc. offers free headlines from blog entries for personal, non-commercial use via Really Simple Syndication (“RSS”) (RSS 2.0). RSS is an XML-based format for easily sharing news headlines and summaries for use in your favorite news readers and Web logs (blogs). The feeds include links back to the Site for the full article, and they update automatically.
To use RSS, you will need a special RSS news reader or aggregator that will allow you to collect and display the RSS content. Kilmerfilms, Inc. does not provide the required news reader or aggregator. There are many different news readers available, many for free. Most news readers are applications that you download and install. Others are web-based services you sign up for that work inside your browser. We suggest running Mozilla Firefox as your browser for optimum viewing and performance of the site. There are several plugins that allow Firefox to act as an RSS Reader.

These Terms of Use and twaineddyfilm.com’s Privacy Policy govern your use of RSS. Any uses of RSS not granted herein are strictly prohibited. Prohibited uses include, but are not limited to, the incorporation of advertising or the placement of advertising associated with or targeted at the content of the RSS. You may not edit or modify the RSS feeds in any manner whatsoever. RSS feeds may be used only with platforms with a functional link which takes the viewer directly to the full article on the Site. You may not insert any intermediate page, splash page or any other content between the RSS link and the applicable article on the Site. Kilmerfilms, Inc. retains all ownership and other rights in the RSS content and in any and all logos and trademarks used in connection with RSS feeds. If you provide attribution using a graphic, you must use the appropriate twaineddyfilm.com name/logo incorporated into the RSS content or feed.

Kilmerfilms, Inc. reserves the right to cease offering any or all of the RSS feeds at any time or to require you to cease distributing any or all of the feeds at any time for any reason. Kilmerfilms, Inc. assumes no liability for your activities in connection with the RSS feeds or for your use of the feeds in connection with your Web Site.

Termination; Terms of Use Violations

You may terminate your account or access rights to this Web Site at any time, without notice. Kilmerfilms, Inc. may in its sole discretion and at any time discontinue providing access to the Web Site, or any part thereof, with or without notice. You agree that any termination of your access to the Web Site may be effected without prior notice, and you agree that Kilmerfilms, Inc. will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Kilmerfilms, Inc. may have at law or in equity. The provisions of this Site’s Terms of Service shall survive termination.

Third-party Web Sites; Advertisers

This Web Site may include links or references to other Web Sites or services solely as a convenience to Users (“Reference Sites”). Kilmerfilms, Inc. does not endorse any such Reference Sites or the Information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Web Site are solely between you and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.

Disclaimer of Warranties

THIS SITE, ITS OPERATION, AND ALL OF THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE ARE PROVIDED BY Kilmerfilms, INC. ON AN “AS IS” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Kilmerfilms, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS OF LIABILITY, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Kilmerfilms, INC. IS NOT RESPONSIBLE IN ANY WAY FOR THE CONDUCT OF USERS OF THIS Site OR INFORMATION EXCHANGED OR POSTED ON THIS SITE, INCLUDING A CLAIM OF DEFAMATION.
Kilmerfilms, INC. IS NOT RESPONSIBLE FOR ANY LOST CONTENT OR DATA.

Indemnification

You agree to defend, indemnify, and hold harmless Kilmerfilms, Inc. its affiliated entities, companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of this Web Site, any breach or alleged breach by you of these Terms, any breach or alleged breach of the copyright, trademark, proprietary or other rights of third-parties by you, or any breach of the representations, warranties, and covenants made by you herein. Kilmerfilms, Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Kilmerfilms, Inc., and you agree to cooperate with Kilmerfilms, Inc.’s defense of these claims.

No Personal Liability

No director, officer, trustee, employee or agent of Kilmerfilms, Inc. or its affiliates, shall be personally liable for the performance or failure to perform any provision of this Terms of Service.

Applicable Law

All disclaimers, policies, terms, and conditions, and disputes thereunder will be governed by the laws of the Commonwealth of Massachusetts, without regard to choice of law principles.