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Capernaum, Inc. — Website Terms of Use

These terms and conditions ("Terms") are a legal contract between you (either you as an individual or the entity or organization on whose behalf you are entering into these terms and conditions) and Capernaum, Inc. ("Capernaum," "we" or "us") for the access to and use of this website, which includes text, media, documentation, pictures and other content (collectively, the "Website").

By clicking "I accept" or by accessing or using this website, you agree to be bound by these Terms, including the warranty disclaimers and limitation of liability provisions below. If you do not understand or agree to these terms, do not access or use the website and please exit the website now.

We may revise these Terms from time to time. The most current version will always be available at http://www.askdocumentary.com/terms.asp. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms. We do not assume any obligation to notify you of changes to these Terms.

  1. Use of the Website
    1. When retrieving or downloading information from the Website, you are prohibited from:

      1. Using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal web browser.

      2. Aggregating, copying or duplicating any of the materials or information available from the Website except for the small amount of materials and information temporarily required for an ordinary single use of the Website or a one-time viewing of the videos included on the Website.

      3. Accessing data not intended for you.

    2. Certain pages of our Website require creation of a user account, which requires a user ID and password that you will select (your "ID"). By accessing the Website and creating an ID, you expressly agree to the following:

      1. You are 18 years old or older.

      2. Capernaum can refuse registration of, access to, or cancel a user account in its discretion, at any time, for reasons such as violation of applicable law, breach of these Terms, force majeure, or any other matter that in Capernaum's discretion warrants such refusal or cancellation.

      3. You are responsible for maintaining the confidentiality of your ID, and you are fully and solely responsible for all activities that occur under your ID. It is up to you to take adequate precautions with your ID, and to immediately notify Capernaum of any unauthorized use of your ID.

      4. You shall provide accurate, true and current information as prompted during the user account registration process and shall keep it current at all times.

      5. You shall not share your ID, password or any other login credentials with any other person or publicly disclose it.

      6. Although Capernaum will not be liable for your losses caused by unauthorized use of your user account, you may be liable for the losses incurred by Capernaum due to such unauthorized use.

      7. You represent and warrant that all posted data, text, links, video files, photos, or any other content (collectively, the "User Content") that you post to the Website shall be your wholly original material (except for material that you are using with the permission of its owner), and does not infringe, misappropriate or violate any copyright, trademark or other rights of any third party including any rights of privacy or publicity.

      8. You shall be solely responsible for keeping a duplicate copy of all User Content; we do not accept any responsibility or liability for the loss of your User Content.

      9. You shall not post User Content that is hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages unlawful conduct.

      10. You shall not submit material that is copyrighted, protected by trade secret or otherwise subject to intellectual property rights or third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Capernaum all of the license rights granted herein.

      11. You shall not use the Website for any illegal or unauthorized purpose.

      12. You shall not attempt to hack, destabilize or adapt the Website or its source code.

      13. You shall not use the Website to transmit worms, viruses or any code of a destructive nature.

      14. You agree not to collect or harvest any personally identifiable information, including account names, from the Website.

      15. You are solely responsible for obtaining and maintaining all equipment and services needed for your access to and use of the Website and for paying all charges related thereto.

      16. Any comments, suggestions, or feedback relating to the Website (collectively, "Feedback") submitted to Capernaum shall become the property of Capernaum. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to Feedback. We will be entitled to use Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending Feedback.

      17. You shall not abuse, harass, threaten, harm or impersonate other Capernaum users or employees of Capernaum or any of its partners, at any time or for any reason.

    3. Any use of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use your ID and/or the Website. Furthermore, we reserve the right to deactivate or suspend use of the Website or any services provided through the Website for any reason.

  2. User Content
    1. You retain ownership rights to the User Content you submit to or make available on the Website. You represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize Capernaum to use all patent, trademark, trade secret, copyright or other intellectual property rights or proprietary rights in and to your User Content; and (ii) you have any and all necessary written or implied consents, releases, and/or permissions of each and every identifiable individual person in the User Content to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the video in the manner contemplated by these Terms.

    2. Capernaum does not undertake any obligation or liability relating to User Content or its users' activities. You understand that by using the Website, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Capernaum be liable in any way for User Content, including for any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of User Content. Capernaum assumes no responsibility or liability which may arise from User Content, including claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. By using the Website, you agree that Capernaum undertakes no obligation to remove User Content based on any complaint that you may make concerning User Content.

  3. License Grant
    1. Subject to these Terms, you are hereby granted a revocable, non-transferable, non-exclusive, limited right and license to use the Website in accordance with these Terms. Such license includes the right to view, store, print, reproduce, copy, and distribute any pages (but not videos) within the Website for non-commercial purposes and for your internal use only. If you are interested in displaying any video owned by Capernaum and included in the Website to any third party, including any groups or other organizations, please contact us at to enter into a Film License Agreement. Capernaum reserves all rights not expressly granted herein in the Website. Capernaum may terminate this license at any time for any reason or no reason.

    2. By submitting User Content to the Website, you hereby grant Capernaum a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content for the sole purpose of operating the Website and for Capernaum's internal business purposes.

  4. Our Proprietary Rights

    Except for your User Content, as between you and Capernaum, the Website and its materials, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music, and all intellectual property rights related thereto, are the exclusive property of Capernaum. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights. Use of the Website and its materials for any purpose not expressly permitted by these Terms is prohibited.

  5. Cancellation of User Account
    1. You are solely responsible for canceling your user account. You can cancel your user account at any time by providing written notice to Capernaum. You may generate a backup of all of your User Content prior to canceling your user account. In Capernaum's sole discretion, all of your User Content may be immediately deleted from the Website upon cancellation. This information may not be able to be recovered once the applicable user account is canceled. Capernaum, in its sole discretion, has the right to suspend or terminate your user account and any and all current or future use of the Website for failure to comply with these Terms or for any other reasonable reason at any time.

    2. The provisions of these Terms that must continue beyond the term of this agreement in order to give them full force and effect, including Sections 4(b) and 9–13, will survive any user account cancellation or termination of this agreement.

  6. Privacy

    We care about the privacy of our users. Click here to view our Privacy Policy. By using the Website, you are consenting to have your personal data transferred to and processed in the United States.

  7. Security

    We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

  8. Third Party Websites, Advertisers, or Services

    The Website may contain links to third party websites that are not owned or controlled by Capernaum. Capernaum has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Capernaum will not and cannot censor or edit the content of any third party website. You expressly relieve Capernaum from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you the Website and to read the terms and conditions and privacy policy of each other website that you visit.

  9. Indemnification; Remedies
    1. You are responsible for maintaining the confidentiality of your ID, password and user account. Furthermore, you are responsible for any and all activities which occur under your user account. You shall indemnify, defend and hold harmless Capernaum and its affiliates, and their respective officers, directors, employees, consultants and agents (the "Capernaum Indemnitees") from any and all third party claims, liability, damages and/or costs (including attorneys' fees) arising from or related to (i) your use of the website, (ii) your violation of these terms, or (iii) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any other user of your user account. You agree to immediately notify Capernaum of any unauthorized use of your user account or any other breach of security known to you that may affect the security of the website.

    2. THE INDEMNIFICATION OBLIGATIONS IN THIS SECTION 11 APPLY EVEN IF DUE TO ANY CAPERNAUM INDEMNITEE'S NEGLIGENCE OR OTHER FAULT, BREACH OF CONTRACT OR WARRANTY, OR STRICT LIABILITY WITHOUT REGARD TO FAULT.

    3. Any specific right or remedy provided in these Terms will be cumulative with all other rights and remedies set forth herein and allowed under applicable law.

  10. No Warranty

    The website is provided on an "as is" and "as available" basis with no commitment to any future functionality or features. Use of the website is at your own risk. the website is provided without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Capernaum, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the website will meet your requirements; that the website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download. Capernaum does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by you or a third party through the website or any hyperlinked website or service, or featured in any banner or other advertising, and Capernaum will not be a party to and is not responsible in any way for monitoring any transaction between you and third-party providers of products or services.

  11. Limitation of Liability

    CAPERNAUM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, WHETHER BASED IN TORT, CONTRACT, OR OTHERWISE, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR IN ANY WAY RELATED TO (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) ANY CONDUCT OR CONTENT OF YOU OR ANY THIRD PARTY ON THE WEBSITE, INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT; (C) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CAPERNAUM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  12. Controlling Law Jurisdiction; Venue

    These Terms and any action related to the access or use of the Website or services provided through the Website will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in Dallas County, Texas, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas (excluding choice of law).

  13. Entire Agreement; Waiver; Modification; Severability
    1. These Terms, including the Film License Agreement, if applicable, are the entire and exclusive agreement between Capernaum and you regarding the Website, and these Terms supersede and replace any prior agreements between Capernaum and you regarding use of the Website.

    2. These Terms may not be modified orally. These Terms may not be modified or superseded by Capernaum's acceptance of a purchase order or the like from you or any other person.

    3. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms will continue in full force and effect. No waiver by Capernaum of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

  14. Notices

    All notices required or otherwise provided for under these Terms will be sent by certified or registered mail (return receipt requested), reputable overnight courier with shipment tracking capabilities (postage prepaid), facsimile, email (other than notices of termination or an indemnity claim) or hand delivery to the other party at the addresses below. Notices will be deemed to have been received (i) five (5) business days after mailing if given by mail, (ii) upon receipt if hand delivered, and (iii) one (1) business day after sending if given otherwise.

    For Capernaum: Capernaum, Inc.
    PO Box 821536
    Dallas, Texas 75382-1536.

    For you: At the address you provided during registration or as updated by you by providing notice to .

  15. No Third Party Beneficiaries; Assignment
    1. These Terms are not intended to confer any other right or benefit on any third party.

    2. You shall not assign or transfer these Terms or any rights or obligations hereunder, in whole or in part, without the prior written consent of Capernaum (not to be unreasonably withheld). Capernaum may freely assign or transfer these Terms, in whole or in part. These Terms inure to the benefit of and will be binding upon the respective permitted successors and permitted assigns.


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