TERMS AND CONDITIONS OF USE
GENERAL ACCESS

Welcome to 2fists1heartmovie.com. This site is owned and operated by Buena Vista (Australia) Pty Ltd ACN 054 610 025 of Level 4, The Como Centre, 650 Chapel Street, South Yarra, Victoria 3141. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of 2fists1heartmovie.com. following the posting of changes to these terms (including the 2fists1heartmovie.com Privacy Policy) will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

This site is owned and operated by BUENA VISTA (AUSTRALIA) PTY LTD (referred to as "BUENA VISTA (AUSTRALIA) PTY LTD, "we," "us," or "our" herein). No material from 2fists1heartmovie.com or any Web site owned, operated, licensed, or controlled by BUENA VISTA (AUSTRALIA) PTY LTD may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of BUENA VISTA (AUSTRALIA) PTY LTD's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to BUENA VISTA (AUSTRALIA) PTY LTD.

In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by BUENA VISTA (AUSTRALIA) PTY LTD. BUENA VISTA (AUSTRALIA) PTY LTD does not transfer title to the Software to you. You own the medium on which the Software is recorded, but BUENA VISTA (AUSTRALIA) PTY LTD retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

SUBMISSIONS

BUENA VISTA (AUSTRALIA) PTY LTD is pleased to hear from its loyal fans and welcome your comments regarding 2fists1heartmovie.com products or services, including BUENA VISTA (AUSTRALIA) PTY LTD's online services. Unfortunately, however, BUENA VISTA (AUSTRALIA) PTY LTD's long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by BUENA VISTA (AUSTRALIA) PTY LTD's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials.

If at our request you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information(collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of BUENA VISTA (AUSTRALIA) PTY LTD. None of the Submissions shall be subject to any obligation of confidence on the part of BUENA VISTA (AUSTRALIA) PTY LTD, and BUENA VISTA (AUSTRALIA) PTY LTD shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, BUENA VISTA (AUSTRALIA) PTY LTD shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

FORUMS AND PUBLIC COMMUNICATION

"Forum" means a chat area, bulletin board, or email function offered as part of 2fists1heartmovie.com. You shall not upload to, distribute through, or otherwise publish through 2fists1heartmovie.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.

The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other 2fists1heartmovie.com guests to join or become members of any commercial online service or other organization is expressly prohibited.

It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a guest's email unless required in the course of normal maintenance of 2fists1heartmovie.com and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on BUENA VISTA (AUSTRALIA) PTY LTD; (2) protect and defend the rights or property of BUENA VISTA (AUSTRALIA) PTY LTD; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Tell a Friend

Tell a friend is an online facility that enables you to tell your friends about an event or page on 2fists1heartmovie.com website without having to type out the web address or page details. Tell a friend is for your own personal use and are not to be used for any commercial purpose, including but not limited to advertising, promotion, soliciting or enticing users or members to a third party website including but not limited to advertising, promotion, soliciting or enticing users or members to a third party website.
You acknowledge and agree as a condition of sending Tell a Friend not to:
(a) SPAM (send mass unsolicited e-mail messages);
(b) use Tell a Friend for marketing or promotion of a commercial event or function; or
(c) use Tell a Friend to promote or market goods or services.

To the extent permitted by law, we disclaim all responsibility for and liability in respect of the improper use of Tell a Friend. This Agreement does not purport to or have the effect of excluding, restricting or modifying the application of any of the provisions of the Fair Trading Act or the Trade Practices Act 1974 (Cth) or the exercise of a right conferred by any such provision or any liability for a breach of condition or warranty implied by such provision. To the maximum extent permitted by law, we will not be liable for any loss or damage suffered by you through the improper use of Tell a Friend or the improper use of Tell a Friend by other users. Where a term or condition imposing liability cannot be excluded, liability under that term or condition will be limited to the resupply of the service or the cost of resupplying the service.

TRADEMARKS

Trademarks on this site are our property or the property of our related bodies corporate, third party suppliers or licensors unless otherwise indicated. This includes all registered and unregistered trademarks or trademarks which are the subject of pending applications. You must not use our trademarks except:
(a) for printing out a copy of the website;
(b) as part of a reference to a 2fists1heartmovie.com or BUENA VISTA (AUSTRALIA) PTY LTD product or service;
(c) with our consent in writing.

JURISDICTIONAL ISSUES

These Terms and Conditions will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria and any courts of appeal form them for determining any dispute concerning these Terms and Conditions.

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting programs, films, and other products available in Australia. This site is controlled and operated by BUENA VISTA (AUSTRALIA) PTY LTD from its offices within Australia. BUENA VISTA (AUSTRALIA) PTY LTD makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all BUENA VISTA (AUSTRALIA) PTY LTD site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from BUENA VISTA (AUSTRALIA) PTY LTD if in BUENA VISTA (AUSTRALIA) PTY LTD's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other BUENA VISTA (AUSTRALIA) PTY LTD site(s)and all copies thereof, whether made under the terms of these terms or otherwise.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BUENA VISTA (AUSTRALIA) PTY LTD DISCLAIMS ALLWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE. BUENA VISTA (AUSTRALIA) PTY LTD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE ORTHE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUENA VISTA (AUSTRALIA) PTY LTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USEOF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOTBUENA VISTA (AUSTRALIA) PTY LTD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Further, BUENA VISTA (AUSTRALIA) PTY LTD explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from 2fists1heartmovie.com from third parties not associated with BUENA VISTA (AUSTRALIA) PTY LTD. BUENA VISTA (AUSTRALIA) PTY LTD encourages discretion when browsing the Internet using our or anyone else's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Buena Vista International cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

BUENA VISTA (AUSTRALIA) PTY LTD cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from 2fists1heartmovie.com since other Shop Channels are owned and operated by independent retailers. BUENA VISTA (AUSTRALIA) PTY LTD does not endorse any of the merchandise, nor has taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites.
BUENA VISTA (AUSTRALIA) PTY LTD 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 hereby 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 or offline transaction with any of these third parties.

This disclaimer does not purport to or have the effect of excluding, restricting or modifying the application of any of the provisions of the Fair Trading Act or the Trade Practices Act 1974 (Cth) or the exercise of a right conferred by any such provision or any liability for a breach of condition or warranty implied by such provision.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BUENA VISTA (AUSTRALIA) PTY LTD BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF BUENA VISTA (AUSTRALIA) PTY LTD OR A BUENA VISTA (AUSTRALIA) PTY LTD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OREXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BUENA VISTA (AUSTRALIA) PTY LTD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO,NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
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