Nimble-Films Term of Use:
Welcome to Nimble-Films.com, ("Nimble") Web site (our "Site"). Thank you for visiting, and we know that the interactive media on our Site will provide you with many engaging and entertaining opportunities to explore all that is Nimble.
Your Acceptance of Terms
How To Contact Us
This Site is controlled and operated by Nimble-Films located at 20-A, rue Grenon West, in Laval, QC, Canada, H7N 2H1. Please forward any comments or complaints about our Site and any questions regarding privacy or legal matters to firstname.lastname@example.org.
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be true and accurate. To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we at Nimble believe the details are not correct, current, or complete, we have the right to refuse you access to our Site, or any of its resources, and to terminate or suspend your account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
Online Privacy Notice
Trademarks and Copyrights
This Site and materials incorporated and/or made available by streaming and/or download by Nimble on this Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos or other images incorporated by Nimble on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Nimble or others ("Trademarks"). Nimble respects the intellectual property rights of others and asks users of this Site to do the same.
Your Use of Material
You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Nimble. Any authorization to copy Material granted by Nimble in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the Material or code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
THIRD PARTY LINKS
Our Sites may link to and/or contain advertisements about non-Nimble owned or controlled Web sites or other Internet or mobile resources. You acknowledge and understand that Nimble does not endorse or sponsor such other third party Web sites or other Internet resources and Nimble EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET OR MOBILE RESOURCES.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. OUR SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN OUR SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OUR SITE, "NIMBLE" AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF "NIMBLE" DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NIMBLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVERS THAT MAKE OUR SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NIMBLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN OUR SITE OR ANY WEB SITES LINKED TO OUR SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NIMBLE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN OUR SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND NIMBLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF OUR SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
NIMBLE DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, OUR SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OUR SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF NIMBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF NIMBLE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Specifically, Nimble 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 Site (or any parts thereof); (iii) any unauthorized access to or use of Nimble's secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from our Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Site (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any Invited Submissions (hereinafter defined)and/or other Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of our Site and/or otherwise through your or any other Site users' exercise of any rights under any of the Licenses granted by Nimble herein. Nimble reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of our Site (including, without limitation any of our Site Services).
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF NIMBLE, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, LICENSEES, ASSIGNS OR CONTENT PROVIDERS. NIMBLE DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF NIMBLE. NIMBLE MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN NIMBLE'S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
NIMBLE MAY POST CONTENT INCLUDING ARTICLES, PHOTOS, VIDEOS, TEXT EXCERPTS, QUOTES OR OTHER CONTENT ("BLOG CONTENT") IN THE BLOG SECTION OF THIS SITE THAT INCLUDES VIEWS AND/OR OPINIONS. THE VIEWS AND/OR OPINIONS EXPRESSED IN THIS BLOG CONTENT ARE NOT NECESSARILY THOSE OF NIMBLE OR OUR AFFILIATES AND OUR INCLUSION OF THIS BLOG CONTENT ON OUR SITE DOES NOT IN ANY WAY IMPLY AGREEMENT OR SUPPORT OF THE OPINIONS AND/OR VIEWS EXPRESSED THEREIN.
It is Nimble's policy not to accept or consider unsolicited creative materials, ideas, or suggestions. This is to avoid any misunderstandings if your materials, ideas, or suggestions are similar or identical to those we have developed independently. Accordingly, please do not submit to us any unsolicited screenplays, treatments, synopses, concept footage, stories, ideas, samples, mock-ups, original artwork or other original creative materials or suggestions. Any such submissions shall be considered non-confidential and non-proprietary, and will be returned to the sender, or deleted or discarded, without being reviewed. If you nevertheless choose to ignore our policy and submit any materials to us, you acknowledge that you have read Nimble’s submission policy and that by making such a submission, you understand that Nimble has no obligation to you for your submission and that you have no claim whatsoever based on such submission.
Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). Nimble shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Nimble considers insecure, Nimble will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Nimble reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF NIMBLE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF NIMBLE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF NIMBLE OR LAW ENFORCEMENT AUTHORITIES.
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to our Site on the World Wide Web (including a computer, modem and/or other access devices).
Nimble reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
Nimble makes no representation that Materials or other content in our Site are appropriate or available for use outside the Canada, its territories, possessions and protectorates. If you choose to access our Site from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the Canada or the country you reside in.
You agree to indemnify and hold harmless Nimble and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising from (i) any of your Invited Submissions; (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms; (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iv) your violation of any person's intellectual property, privacy, publicity or other right; (v) the violation of any Applicable Laws and/or these Terms by you and/or anyone using your registered account to access and/or otherwise use our Site (in whole or in part); or (vi) your willful misconduct or the willful misconduct of anyone accessing our Site through your registered account, in connection with your (and/or such other person's) use of our Site (in whole or in part). Nimble reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Nimble in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of our Site.
Our Use of Content
Nimble will consider anything you provide to Nimble and/or contribute to this Site as available for our use free of any obligations to you, except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see Submissions, Postings and E-mails above), in which event those Additional Terms will determine how we will treat your Invited Submissions.
This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Nimble, and you acknowledge that (whether or not such sites are affiliated in any way with Nimble) Nimble is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites and Nimble EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET OR MOBILE RESOURCES. The inclusion of such a link does not imply endorsement of any site by Nimble or any association with its operators.
Nimble cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Nimble because other shop channels are owned and operated by independent retailers. Nimble does not endorse any of the merchandise, nor has Nimble taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Nimble does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
Proprietary Online Services
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the Canada, its territories, possessions, and protectorates.
Claims of Infringement
If you believe a work has been copied in a way that constitutes copyright infringement, please send Nimble's copyright agent, at the address set forth below, a notification of claimed infringement (an "Infringement Notification") that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit Nimble to locate the material on our Site; (iii) information reasonably sufficient to permit Nimble to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical or electronic signature.
20-A rueGrenon West,
Laval (QC) Canada, H7N 2H1
Tel: (514) 448-8410
Nimble seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
By submitting an Infringement Notification, you acknowledge and agree that Nimble may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.
If you believe that your User Submission has been wrongfully removed from our Site, you may send Nimble a counter notification. Pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a counter notification. In compliance with applicable laws, your counter notification, to be effective, must be in writing, sent to Nimble's designated copyright agent, and include substantially the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on our Site; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the Court of Montreal, QC, Canada for addresses outside Quebec and agree to accept service of process from the person who submitted the original Infringement Notification that resulted in your User Submission being removed (or an agent of such person) in the event he or she elects to file suit. By submitting a counter notification, you acknowledge and agree that Nimble may forward your counter notification and any related communications to the person who submitted the original Infringement Notification that resulted in the removal of your User Submission or to other third parties.
BINDING ARBITRATION THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF QUEBEC WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, OR OUR SITE, OR THE BREACH OF THESE TERMS AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE, SHALL BE SUBMITTED TO JAMS ("JAMS") FOR FINAL AND BINDING ARBITRATION UNDER ITS STREAMLINED ARBITRATION RULES, TO BE HELD IN MONTREAL COUNTY, QUEBEC BEFORE A SINGLE ARBITRATOR WHO SHALL BE A RETIRED JUDGE, IN ACCORDANCE WITH QUEBEC CODE OF CIVIL PROCEDURE. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY STRIKING FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR'S AWARD IS BASED. THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING ORDERS AND PRELIMINARY AND PERMANENT INJUNCTIONS. NEITHER PARTY SHALL BE ENTITLED OR PERMITTED TO COMMENCE OR MAINTAIN ANY ACTION IN A COURT OF LAW WITH RESPECT TO ANY MATTER IN DISPUTE UNTIL SUCH MATTER SHALL HAVE BEEN SUBMITTED TO ARBITRATION AS HEREIN PROVIDED AND THEN ONLY FOR THE ENFORCEMENT OF THE ARBITRATOR'S AWARD.
This provision shall remain in full force and effect notwithstanding any termination of your use of our Site.
You understand and agree that Nimble may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any licenses describer herein and otherwise your access to our Site, and discard, remove, and/or disable or deactivate any or all of your Invited Submissions that you submitted to or by means of our Site and/or any other information and data that you (and/or anyone else) may have provided to or by means of our Site, for any reason. Nimble may also, in its sole discretion and at any time, discontinue our Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT NIMBLE MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NIMBLE SHALL NOT HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO OUR SITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR INVITED SUBMISSIONS (OR THE INVITED SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR BY MEANS OF OUR SITE.
You may discontinue your access to, use or participation on or by means of our Site at any time.
Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any Nimble or any Nimble affiliate-related motion picture, production or project, or the use, publication or dissemination of any advertising or promotion in connection with such motion picture, production or project. This provision shall remain in full force and effect notwithstanding any termination of your use of our Site.
CHANGES IN SITE OWNERSHIP