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The Elementals Terms of Use

  1. The Elementals has made every effort to ensure the accuracy of the information contained on this website or any of the courses, videos, or resource materials available on this site. However, each member needs to consult appropriate information sources such as current textbooks, journal articles, industry trades or reliable internet resources, especially for new or unfamiliar procedures that may or may not be covered within this website. It is the responsibility of every member to evaluate the appropriateness of a particular procedure and opinion in the context of actual industry situations and with due considerations to new developments. The Elementals cannot be held responsible for any typographical errors or other errors found in this website or any of the courses, videos, or resource materials available on this site.
  2. By accessing the website at projectelementals.com, as a member subscriber you will have a non-exclusive right or license to use the entertainment resources that have been made available on the website. That license is subject to all of these Terms of Services, and you shall be bound by the Terms of Service and all applicable laws and regulations while actively using this website. In using the available entertainment resources, you shall remain solely responsible for using these resource materials in compliance with all laws and regulations applicable to film/tv production, entertainment and licensing requirements. If you breach the terms of this membership, your membership shall terminate, and you are prohibited from using or accessing this site or using, copying or reproducing in whole or in part any of its resource materials and will be liable for all subscription fees and damages sustained by The Elementals. The materials contained in this website are protected by applicable copyright and other intellectual property laws.
  3. All purchases to this service are based on a single-purchase use, and does not automatically renew. The rental fee for the duration of your allotted watch time is good for 48 hours. After the allotted time expires, you may revisit this site to make another purchase and watch again as needed.
  4. All payments must be made by credit or debit card.
Personal and Non-Commercial Use Limitation

All Products are copyright protected and are intended for your personal use for entertainment purposes. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services derived or obtained from the Products contained within this website (“Unfair Use”). If you wish to make use of any Unfair Use of a Product, you must: (a) obtain our written permission for that Unfair Use, which could be conditioned upon you paying The Elementals the current list price for each copy of the Product; or (b) obtain a membership subscription at projectelementals.com and use the Product in accordance with the user license under the terms of your membership. Your violation of The Elementals’s copyrights and the federal copyright laws will constitute a breach and subject you to the claims, sanctions and legal proceedings outlined in these Terms.

Use License
  1. The user’s right to use the entertainment resources within this membership site shall be granted and available only for the subscriber(s) and only for as long as the individual or subscriber is a current member. Upon the expiration or termination of a subscription, all rights and license to use any of the sites entertainment resources and materials from the site, whether downloaded, copied, or reproduced or used in any form whatsoever, shall terminate, and all forms of those documents and materials must be permanently deleted and destroyed. In the event you fail or refuse to destroy the materials obtained from this website after your account has terminated, you shall be responsible for paying the full price of such material or a normal subscription fee for each month or partial month until The Elementals receives a true and accurate certification from you.
  2. The use of any of the entertainment resources available on this membership site is granted only to those who have a current membership or subscription. No file on this membership site may be shared with other individuals who are not current members or subscribers, and anyone retaining, sharing, storing, distributing or otherwise using, in whole or in part, any of the sites resource material without a membership or subscription shall be obligated to pay the equivalent of the annual subscription fees that would be required to have permitted access to those resources for the entire term of the access, retention or use of the sites resource material, together with all other damages or losses sustained as the result of the unlicensed use of the materials, together with all reasonable attorneys’ fees, costs and expenses incurred in protecting and enforcing these rights to the resource materials, whether or not legal proceedings are commenced.
  3. Permission is prohibited to download any copy of the materials on this website for redistribution or resale in any form. Except as specifically permitted in these Terms, all other copying, reproduction creating derivatives of any part of the resource materials is strictly prohibited.
  4. This is the grant of a license, not a transfer of title, and all rights, title and interest in and to those materials shall remain solely the property of The Elementals, d/b/a J&S Film Productions LLC and EMFed Productions (“ ”). Under this license you may not:
    1. modify the materials without the prior written permission from The Elementals;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial) other than the permitted entertainment use of the materials; without the prior written permission from The Elementals;
    3. attempt to decompile or reverse engineer any software contained on The Elementals website;
    4. remove any copyright, trademark or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  1. Any changes, additions, modification, improvements, innovations or derivatives made to any of the licensed entertainment resources (collectively the “Improvements”) by a member or subscriber shall be the sole and exclusive property of The Elementals. Each member or subscriber shall notify The Elementals of each Improvement and shall execute and deliver to The Elementals such unconditional transfers and assignments of each Improvement, including all goodwill attributable to the Improvement, free and clear of all claims to any residual rights or royalties or other fees or payments for the use or transfer of the Improvement.
  2. Paper copies of files may be made, but ONLY for reference use while you have an active membership or subscription or if you are representative.
  3. Your license shall automatically terminate if you fail to pay your membership or subscription fees or otherwise violate any of these Terms of Service and may be terminated by The Elementals at any time with cause. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
  1. The Elementals makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Except as otherwise specifically provided, the materials on The Elementals’s website are provided on an ‘AS IS’ basis.
  2. Further, except for the Success Incentive described above, The Elementals does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Limitations

In no event shall The Elementals be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on The Elementals website, even if The Elementals or a The Elementals authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. The member or subscriber understands and agrees the maximum potential recovery any member or subscriber shall be entitled to recover on any recoverable claim shall be limited to the member’s or subscriber’s membership or subscription fees paid to projectelementals.com during the period of time involving the claim.

Accuracy of Materials

The materials appearing on The Elementals website could include technical, typographical, or photographic errors. The Elementals does not warrant that any of the materials on its website are accurate, complete or current. The Elementals may make changes to the materials contained on its website at any time without notice. However, The Elementals does not make any commitment to update the materials.

Links

The Elementals has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Elementals of the site. Use of any such linked website is at the user’s own risk.

Modifications

The Elementals may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.

Governing Law

All subscriptions and these Terms of Service shall be governed by and construed in accordance with the laws of California.

Arbitration

In the event a dispute arising out of or in connection with each membership subscription, these Terms of Service or the resource materials available to each member subscriber (“Dispute”) each member subscriber agrees to work with The Elementals in good faith and fair dealing to amicably resolve the Dispute. In the event that does not resolve a Dispute within 30 days after one of the parties gives the other party written notice of the claim or dispute, each member subscriber and The Elementals, agree that the Dispute shall be submitted to binding arbitration before an appropriate legal counsel in accordance with all applicable rules and laws before a single arbitrator. All claims or disputes must be submitted to arbitration within one year after the initial notice of claim or dispute is given to the other party, or it will be forever barred. All decisions of the arbitrator shall be binding on the parties.