NOTICE OF COPYRIGHT INFRINGEMENT & TAKEDOWN POLICY
Notification of Copyright Infringement:
“Dislecksia: The Movie” (“Dislecksia”) abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to written notices of alleged infringement by legitimate copyright holders. As part of our response, Dislecksia may remove or disable access to allegedly infringing material residing on our website http://www.dislecksiathemovie.com/. Please note that Dislecksia does not control content hosted on any third party website and cannot remove content from any website that it does not own or control.
To file a copyright infringement notification with Dislecksia, please send a written communication to Dislecksia’s Copyright Agent, as required by the DMCA, and provide the following information in writing:
Identification of the copyrighted work that you claim has been infringed;
Identification of the specific material that is claimed as infringing and information sufficient to permit Dislecksia to locate that material on our website (providing a URL is the best way to help us locate the content quickly);
A statement that you believe, in good faith, that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law;
If you are not the copyright owner, a description of your relationship to the copyright owner;
Your contact information, including your name, address, telephone number, and email address;
A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Please note that under Section 512(f) of the DMCA, anyone who knowingly misrepresents that material or activity is infringing may be liable for damages and attorneys’ fees incurred by the alleged infringer or by Dislecksia. Therefore, if you are not sure whether material infringes your copyright, you should contact an attorney prior to filing a copyright infringement notification.
Dislecksia’s Response to Notification(s) of Copyright Infringement:
Following receipt of a proper written notification of copyright infringement, Dislecksia will expeditiously remove or disable the allegedly infringing content. Dislecksia will also notify the customer who submitted or posted the allegedly infringing material and provide them with a copy of the copyright infringement notice.
Counter-Notification(s) of Copyright Infringement:
If a customer of Dislecksia believes that their content was removed or disabled by mistake or misidentification, the customer can send us a written counter-notification of copyright infringement that includes the following:
The customer’s contact information, including name, address, telephone number, and email address;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled (providing a URL is the best way to help us locate the content quickly);
A statement that the customer consents to the jurisdiction of the U.S. Federal District Court for the judicial district in which the customer is located (or if the customer is outside the U.S., the U.S. Federal District Court for the district of Connecticut and that you will accept service of process from the person who originally provided Dislecksia with the counter-notification of copyright infringement;
A statement under penalty of perjury that the customer has 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
A physical or electronic signature of the customer.
Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Dislecksia will only accept counter-notifications that meet the requirements set forth above and are properly submitted to Dislecksia’s Copyright Agent. Upon receipt of a proper written counter-notification, Dislecksia will provide the person that submitted the original notification of copyright infringement with a copy of the counter-notification and will, on or after 10 business days following receipt of the counter-notification, restore the removed material to the Dislecksia’s website, unless our Copyright Agent first receives notice that a court action has been filed to restrain the customer from engaging in infringement related to the allegedly infringing material.
Copyright Agent Information:
All notifications of copyright infringement and counter-notifications should be submitted to Dislecksia’s Copyright Agent using the following information:
To: Dislecksia, Inc.
Attention: Copyright Agent
Subject Line: DMCA notification of copyright infringement / DMCA counter-notification
This website is operated by Captured Time Productions. Throughout the site, the terms “we”, “us” and “our” refer to Captured Time Productions. Captured Time Productions offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Captured Time Productions, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Captured Time Productions and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 51 Hutchinson Parkway, Litchfield, CT 06759.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
We at Dislecksiathemovie.com are determined to ensure that our visitors, customers and friends will have a fun experience while visiting this website, without sacrificing their peace of mind as to the protection of their identity and other personal information. This policy statement tells you how we collect information on you, how it’s used, and the steps we are taking to protect it from any unauthorized use.
WHAT DO WE USE YOUR INFORMATION FOR?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience:
Your information helps us to better respond to your individual needs. We may use this information to customize the advertising and content seen on our pages.
To improve our website:
We continually strive to improve our website offerings based on the information and feedback we receive from you.
To improve customer service:
Your information helps us to more effectively respond to your customer service requests and support needs.
To process transactions:
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
To send periodic emails:
The email address you provide for order processing may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
We collect information from you when you register on our site or subscribe to our newsletter. When ordering or registering on our site, as appropriate, you may be asked to enter your: name or e-mail address. You may, however, visit our site anonymously.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
HOW DO WE PROTECT YOUR INFORMATION?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server via a 3rd party, PayPal. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the ‘Edit Profile’ page.
CHILDREN’S ONLINE PRIVACY
No Information Sought. Because many visitors to this site are children, we take the utmost care to make certain that our content is appropriate for kids of all ages. We do not ask children to disclose more personal information than is necessary for them to participate in a particular activity (e.g., normally just their e-mail address), and we take steps to prevent children from posting contact information. Children should obtain permission from a parent or guardian before contacting dislecksiathemovie.com in any regard, especially before entering any personal information (which we expressly discourage) or requesting information. Dislecksiathemovie.com does not permit children under the age of 13 to place any orders at the online store, or communicate with us through this Web site without the express written permission of their Parent or Legal Guardian. If dislecksiathemovie.com has any reason to believe that a visitor under the age of 13 is posting information, or attempting to purchase merchandise from our online store, they will be asked to have their Parent or Legal Guardian send an e-mail or fax to us to confirm authorization.
Dislecksiathemovie.com does not solicit personally identifiable information from children. The Children’s Online Privacy Protection Act (“COPPA”) requires Web Sites that cater to children—or know that a visitor to their site is a child under the age of 13—to follow specific Federal Trade Commission rules. In our attempt to fully comply with these rules, we would like you to know that:
Personally identifiable offline contact information will not be collected without prior parental consent.
Personal online contact information will not be solicited and collected without prior parental consent or parental notification, which will include an opportunity for the parent to prevent use of the information and the child’s participation in the activity.
Without prior parental consent, online information will only be used to respond directly to the child’s request for information and will not be used for other purposes.
Dislecksiathemovie.com will not entice any child or adult, regardless of their age, to divulge more personal information than is needed to use the site or participate in any online activity by offering any special game, prize, incentive or other similar activity.
In no case will any personally identifiable information be distributed to third parties or otherwise posted, EXCEPT in the event of a Business Transfer, Merger, or Buyout of Dislecksiathemovie.com (see below for more details).
Information Sharing and Disclosure
No Marketing to Children.Dislecksiathemovie.com will not contact children under 13 about special offers or for marketing purposes without parental consent.
No Disclosure. Dislecksiathemovie.com will not send personally identifiable information about a child to other companies or people, UNLESS we are required to respond to subpoenas, court orders or legal process – to the extent permitted by law.
ABILITY TO UPDATE OR DELETE INFORMATION
Removal Requests. Parents or Legal Guardians are welcome to send an e-mail to email@example.com to request deletion of any information we may have on their child.
Retention of Information. Please note that information about a child may remain in back-up storage for some period of time after a request for deletion of that child’s account. This may be the case even though no information about that account remains in our active user databases.
THE ONLINE STORE
Information Required. Visitors who order merchandise or other materials from the Online Store will be required to provide their full name, billing and mailing addresses, e-mail address, telephone number and a credit card number. If the order is being shipped to a third party, we will also need the recipient’s name and mailing address. Before collecting information in connection with an Online order, we will verify the validity of the purchaser’s credit card. On a rare occasion, we might solicit additional voluntary information regarding shoppers’ personal shopping preferences.
Children and the Online Store. Children under the age of 13 are prohibited from ordering anything at all from our Online Store without the express written permission of their Parent or Legal Guardian.
General In the event that the Online Store or substantially all of its assets are acquired by a third party, customer information will be one of the transferred assets. However, use of any information collected on children under the age of 13, if among the transferred assets should such a transaction take place, will only be used in accordance with the policies set forth herein in compliance with COPPA.
TERMS AND CONDITIONS
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://www.dislecksiathemovie.com/terms-and-conditions/.
Captured Time Productions
51 Hutchinson Parkway
Litchfield, CT 06759
Phone/Fax: (860) 567-0675