Peripheral View Media TERMS OF USE
Agreement between User and https://www.peripheralviewmedia.com
Welcome to https://www.peripheralviewmedia.com. The https://www.peripheralviewmedia.com website (the "Site") is comprised of various web pages operated by Peripheral View Media LLC ("PVM LLC"). https://www.peripheralviewmedia.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). For the purposes of this Terms and Conditions policy, unless otherwise noted, all references to Peripheral View Media LLC include https://www.peripheralviewmedia.com, PVM LLC. Your use of https://www.peripheralviewmedia.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://www.peripheralviewmedia.com is a Portfolio and Information Site showcasing the company's work and serving as central command for our voice within the storytelling industry.
Electronic Communications
Visiting https://www.peripheralviewmedia.com or sending emails to PVM LLC constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
PVM LLC does not knowingly collect personal information from persons under thirteen, online or offline. If you are under 18, you may use https://www.peripheralviewmedia.com only with the permission of a parent or guardian.
Links to Third-Party Sites/Third-Party Services
https://www.peripheralviewmedia.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of PVM LLC, and PVM LLC is not responsible for the contents of’s contents, including any link contained in a Linked Site or any changes or updates to a Linked Site. PVM LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PVM LLC of the site or any association with its operators.
Certain services made available via https://www.peripheralviewmedia.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the https://www.peripheralviewmedia.com domain, you hereby acknowledge and consent that PVM LLC may share such information and data with any third party with whom PVM LLC has a contractual relationship to provide the requested product, service, or functionality on behalf of https://www.peripheralviewmedia.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.peripheralviewmedia.com strictly by these terms of use. As a condition of your use of the Site, you warrant to PVM LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PVM LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any of the content, in whole or in part, found on the Site. PVM LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of PVM LLC and the copyright owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PVM LLC or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated, and administered by PVM LLC from our offices within the USA. If you access the Service from outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PVM LLC content accessed through https://www.peripheralviewmedia.com in any country or manner prohibited by applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless PVM LLC, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Terms of Use or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PVM LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will fully cooperate with PVM LLC in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, Tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration under the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising from these Terms and Conditions, whether directly or indirectly, including Tort claims resulting from these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PERIPHERAL VIEW MEDIA LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PERIPHERAL VIEW MEDIA LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PERIPHERAL VIEW MEDIA LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS ABOUT THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERIPHERAL VIEW MEDIA LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PERIPHERAL VIEW MEDIA LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCOUNT USING THE SITE.
Termination/Access Restriction
PVM LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas. You hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PVM LLC because of this agreement or use of the Site. PVM LLC's performance of this agreement is subject to existing laws and legal processes. Nothing contained in this agreement is in derogation of PVM LLC's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PVM LLC concerning such use. If any part of this agreement is determined to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PVM LLC concerning the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PVM LLC concerning the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
PVM LLC reserves the right, in its sole discretion, to change the Terms under which https://www.peripheralviewmedia.com is offered. The most current version of the Terms will supersede all previous versions. PVM LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
PVM LLC welcomes your questions or comments regarding the Terms:
Peripheral View Media LLC
755 E. Oltorf St. #201
Austin, Texas 78704
Email Address:
jenart@pviewmedia.com
Telephone number:
512.576.0602
Effective March 27, 2020