WEBSITE TERMS OF USE
Last updated: July 1, 2026
These Terms of Use (these “Terms of Use”) govern your access to and use of websites, microsites, online services, and other digital properties that are owned, operated, or controlled by RED Digital Cinema, Inc. (“RED,” “we” or “us”), its subsidiaries, or its affiliates, including www.reddigitalcinema.com and associated RED websites and microsites around the world, as may be updated by RED from time to time (collectively, the “Site”), as well as any content, functionality, and services offered on or through the Site.
RED may also maintain pages, accounts, profiles, or feeds on third-party social media platforms or other third-party services; your use of those third-party platforms or services is also subject to the applicable third party’s own terms, policies, and practices.
THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS, INCLUDING HOW DISPUTES ARE RESOLVED AND HOW LONG YOU HAVE TO RAISE A DISPUTE.
By accessing or using the Site, you agree to be bound by these Terms of Use, including any additional terms and conditions and policies referenced in these Terms of Use or made available through the Site.Please read these Terms of Use carefully before accessing or using the Site.
If you do not wish to agree to these Terms of Use, you must not access or use the Site.
RED reserves the right to change, modify, add, or remove portions of these Terms of Use at any time and without notice in its sole discretion. All changes are effective immediately upon publication. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following any changes to these Terms of Use will mean that you accept and agree to the changes.
You must be at least 18 years old (or the age of majority in your jurisdiction of residence) to use the Site. You may not use the Site if you are unable to form a legally binding agreement with us.
As long as you comply with these Terms of Use, RED grants you a personal, non-exclusive, non-transferable, limited right to access and use the Site. You agree that you do not have any rights in or to the Site, and RED will have no liability to you if the Site, or any portion of the Site, is discontinued or your ability to access or use the Site is terminated.
Certain features or services offered on or through the Site may require you to provide certain registration details or other information. It is a condition of your use of the Site that all information you provide on the Site is correct, current, and complete.
You are entirely responsible for maintaining the confidentiality of the information associated with your account, including your username and password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure. You acknowledge that your account is personal to you, and agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. You may be held liable for losses incurred by RED or any other user of the Site due to someone else using your account. You agree to notify RED immediately of any unauthorized use of your account, or any other breach of security.
RED reserves the right, in its sole discretion and without prior notice, to suspend, disable, terminate, or block access to any account, username, password, security credentials, Site feature, or the Site as a whole, including any future access, if RED determines that you have violated these Terms of Use, any other terms, agreements, or guidelines associated with your use of the Site, or for any other legally permissible reason. RED will not be liable to you or to any third party for any suspension, disablement, termination, or access restriction made in accordance with these Terms of Use.
The Site and its contents, features, and functionality, including all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, video clips, digitally downloadable files, and computer code (collectively, “RED Content”), and the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such RED Content, are owned, controlled, or licensed by or to RED and are protected by United States and foreign copyright, trademark, trade secret, and other intellectual property laws. Except for the limited rights expressly granted in these Terms of Use, no right, title, or interest in or to the Site or any RED Content is transferred to you, and RED and its licensors reserve all rights not expressly granted.
Subject to any applicable end-user license agreements, you may use information about RED products and services (such as data sheets, knowledge base articles, and similar materials) that RED purposely makes available for download from the Site, provided that you: (a) do not remove any proprietary notice language from any copies of such documents; (b) use such information only for your non-commercial, internal business, and informational purposes and do not copy or post such information on any networked computer or broadcast it in any media; (c) do not modify any such information; and (d) do not make any additional representations or warranties relating to such information.
Except as expressly provided in these Terms of Use, neither the Site nor RED Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way, in whole or in part, to any other computer, server, website, or other medium for publication, distribution, or any commercial purpose, without RED’s express prior written consent.
RED®, RED DIGITAL CINEMA®, the RED logos, and all related names, logos, product and service names, designs, slogans, trade dress, and other source identifiers, including, without limitation, DSMC®, KOMODO® (and associated logo), R3D®, REDCINE®, REDCODE®, RED CONNECT®, RED CORE®, RED TECH®, REDUCATION®, Shot on Red™ (and associated logo), and V-RAPTOR® (and associated logo) are registered trademarks or proprietary marks of RED or its affiliates or licensors. You may not use any RED trademark or proprietary mark without RED’s prior written permission. All other names, logos, product and service names, designs, slogans, and marks on the Site are the property of their respective owners, and no rights are granted to you in any such marks.
You may use the Site and RED Content only as expressly permitted by these Terms of Use. Without limiting any other restriction in these Terms of Use, you agree that you will not use the Site, RED Content, or any RED trademark or proprietary mark in any of the following ways:
- Unlawful, infringing, or prohibited use.
You may not use the Site, RED Content, or any RED trademark or proprietary mark for any purpose that is unlawful, misleading, infringing, prohibited by these Terms of Use, or otherwise violates the rights of RED or any other person or entity.
- Automated access, scraping, and circumvention.
You may not use any deep link, page scrape, robot, spider, crawler, scraper, automatic device, program, algorithm, methodology, or similar or equivalent manual process to access, acquire, copy, monitor, reproduce, or circumvent the navigational structure, security measures, or presentation of the Site or RED Content, or to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the Site.
- Unauthorized access and security interference.
You may not attempt to gain unauthorized access to any portion or feature of the Site, any account, any RED server, or any systems or networks connected to the Site or to RED, including by hacking, password mining, credential harvesting, bypassing access controls, probing, scanning, testing vulnerabilities, or breaching security or authentication measures.
- Data harvesting and misuse.
You may not reverse look up, trace, or seek to trace information about any user, visitor, customer, account, system, or network, or exploit the Site or any feature or information made available through the Site, for the purpose of revealing, collecting, harvesting, or misusing personal information or other information not belonging to you.
- Impersonation and misrepresentation.
You may not forge headers, manipulate identifiers, disguise the origin of any message or transmittal sent to RED on or through the Site, impersonate any person or entity, falsely state or imply an affiliation with RED or any other person or entity, or otherwise misrepresent your identity or authority.
- Harassment, abusive conduct, and harmful content.
You may not harass, threaten, abuse, defame, libel, or otherwise harm any person through the Site. You may not upload, submit, distribute, publish, or transmit content that is obscene, abusive, threatening, defamatory, invasive of privacy or publicity rights, illegal, infringing, fraudulent, deceptive, misleading, objectionable, or that may constitute or encourage a criminal offense, violate the rights of any party, give rise to liability, or violate applicable law.
- Spam, solicitation, and unauthorized commercial activity.
You may not upload commercial content to the Site or use the Site to advertise, solicit, spam, or induce others to join, purchase from, or become members of any commercial online service, organization, or other offering, except as expressly permitted by RED.
- Excessive load and service disruption.
You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, RED’s systems or networks, or any systems or networks connected to the Site or to RED.
- Interference with the Site, transactions, or other users.
You may not use any device, software, routine, code, or other method to interfere or attempt to interfere with the proper working of the Site, any transaction conducted on or through the Site, or any other person’s use of the Site.
- Moderation and removal.
RED does not undertake to review all communications, materials, or User Content posted to, submitted through, or created by users accessing the Site. RED may, in its sole discretion, block, remove, decline to display, or disable access to communications, materials, or User Content that RED determines violates these Terms of Use, applicable law, third-party rights, platform rules, brand standards, or RED’s policies, or is otherwise unacceptable to RED.
- Unlawful, infringing, or prohibited use.
This Site may contain content, products, or services that include materials from third parties (“Third Party Content”) or links to other independent third-party websites (“Linked Sites”). Third Party Content and Linked Sites are provided solely as a convenience to our visitors, are not under RED’s control, and RED is not responsible for and does not endorse any Third Party Content or Linked Sites, including any referenced content, service, supplier, information, or materials contained on Linked Sites. You will need to make your own independent judgment regarding your interaction with Third Party Content or Linked Sites. Please carefully review the applicable third party’s policies and practices and make sure you understand them before you engage in any transaction on a Linked Site. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third party. RED is not liable for any harm or damages related to the purchase or use of third-party goods, services, resources, content, or any other transactions, whether made in connection with any Linked Sites or the Site.
“RED APPROVED” or “COMPATIBLE” designations appearing only on RED’s Third-Party Accessories page to identify certain third-party products that RED has reviewed for use with specified RED products or systems. These designations do not mean that RED manufactures, sells, warrants, services, or supports the third-party product, or that the product will operate without interruption, error, or compatibility issues in all configurations or use cases. Third-party products that do not bear the RED brand name are provided, serviced, and supported exclusively by their respective manufacturers or suppliers, subject to their own terms, conditions, warranties, and support policies.
We welcome your feedback about RED, our products, or the Site. If you submit feedback, comments, questions, suggestions, notes, messages, feature requests, ideas, concepts, know-how, or other communications regarding RED, our products, the Site, or related services (“Feedback”), you acknowledge that your Feedback is non-confidential and that RED may use, reproduce, disclose, distribute, modify, commercialize, and otherwise exploit the Feedback for any purpose, without restriction, attribution, compensation, accounting, or obligation to you. You grant RED and its affiliates a worldwide, perpetual, irrevocable, transferable, sublicensable, fully paid, royalty-free license to use the Feedback in any manner and for any purpose, including to develop, improve, market, and commercialize products, services, content, technologies, and features. We are under no obligation to: (a) treat Feedback as confidential; (b) pay compensation or provide attribution for any Feedback; (c) respond to any Feedback; or (d) use or implement any Feedback.
Feedback regarding RED products, services, or features should be submitted to red-featurerequests@nikon.com.
You may upload, submit, store, send, tag, post, or otherwise provide content and data, including motion pictures, still photographs, videos, text, captions, social media posts, handles, likenesses, names, voices, and other materials submitted in connection with Shot on RED submissions, campaigns, promotions, or other features made available through the Site or solicited by RED (collectively, your “User Content”). We may, for example, ask you to respond on social media platforms with a specific hashtag relating to a campaign or our brand. By directing those responses or submissions to us, you agree that they are User Content for purposes of these Terms of Use.
You retain ownership of any intellectual property rights that you hold in your User Content. However, when you upload, submit, send, tag, post, or otherwise provide User Content through the Site, to RED, or in response to a RED campaign, promotion, or request, you acknowledge and agree to the following:
You represent and warrant that you own or have obtained all rights, licenses, consents, permissions, and releases necessary to provide your User Content and to grant the rights described in these Terms of Use, including all rights relating to any images, videos, music, text, names, usernames, handles, voices, likenesses, locations, individuals, and third-party materials appearing in or associated with your User Content.
You grant RED and its affiliates a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, fully paid, royalty-free license to use, reproduce, copy, repost, share, regram, display, distribute, publish, transmit, modify, edit, adapt, create derivative works from, publicly perform, publicly display, and otherwise exploit your User Content, in whole or in part, in any media or format now known or later developed, including on the Site, RED social media feeds, print materials, email, display advertisements, paid and organic digital advertising, trade shows, events, and other marketing, promotional, advertising, public relations, and communications channels (collectively, “Marketing Channels”), anywhere in the world and for any lawful purpose related to RED, its products, the Site, campaigns, promotions, and related activities.
You understand that your User Content may appear in connection with RED advertising, promotions, public communications, and Marketing Channels and may be visible to the public.
RED has no obligation to compensate you, provide attribution, obtain further approval, or notify you in connection with RED’s use of your User Content as permitted by these Terms of Use.
RED may remove, stop using, decline to use, or edit your User Content for any reason, including to comply with applicable laws, platform rules, brand standards, or technical requirements.
You waive and release RED, its affiliates, and their respective directors, officers, employees, agents, representatives, successors, and assigns from and against any and all claims arising from RED’s permitted use of your User Content, including claims based on inspection, approval, attribution, compensation, privacy, publicity, moral rights, or similar rights, to the maximum extent permitted by applicable law.
Specific terms may apply to purchases, returns, warranties, software, contests, promotions, or particular portions, services, or features of the Site, including RED’s Terms of Sale, Return Policy, Warranty Policy, end-user license agreements, contest or promotion terms, and feature-specific terms, which may be available on RED’s Legal page or elsewhere on the Site. Those specific terms govern the applicable transaction, product, software, contest, promotion, service, or feature. If those specific terms are inconsistent with these Terms of Use, the specific terms will control solely with respect to the applicable transaction, product, software, contest, promotion, service, or feature.
RED’s Privacy Policy applies to your use of the Site and is incorporated by reference into and made a part of these Terms of Use.
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
RED administers and operates the Site from the United States and may administer other RED sites from locations outside the United States. Although the Site may be accessible worldwide, not all Site features, downloads, software, technical data, account registration, login, other account-based features, purchase functionality, products, or related services are available in all locations or to all users, and any offer made through the Site is void where prohibited (collectively, “Restricted Site Features”). You are responsible for complying with applicable local laws when accessing or using the Site. You may not access, download, use, export, re-export, transfer, or make available any Restricted Site Features in violation of applicable U.S. export control, sanctions, embargo, or restricted-party laws or regulations.
RED DOES NOT PROMISE THAT THE SITE, RED CONTENT, OR ANY CONTENT, FEATURE, FUNCTIONALITY, PRODUCT INFORMATION, OR RELATED MATERIAL MADE AVAILABLE THROUGH THE SITE WILL BE ERROR-FREE, ACCURATE, COMPLETE, CURRENT, SECURE, OR UNINTERRUPTED; THAT ANY DEFECTS WILL BE CORRECTED; OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND RED CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. RED CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, AND AVAILABILITY. RED DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, RED CONTENT, THIRD PARTY CONTENT, OR LINKED SITES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, RED CONTENT, THIRD PARTY CONTENT, AND LINKED SITES. YOUR SOLE REMEDY AGAINST RED FOR DISSATISFACTION WITH THE SITE OR ANY RED CONTENT IS TO STOP USING THE SITE OR SUCH RED CONTENT, SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 15. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES.
The disclaimer in this Section 13 applies to any damages, liabilities, losses, or injuries arising out of or relating to your access to or use of, or inability to access or use, the Site, RED Content, Third Party Content, Linked Sites, or any content, feature, functionality, product information, or related material made available through the Site, including damages, liabilities, losses, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, security incident, theft, destruction, unauthorized access to, alteration of, or use of information, whether based on breach of contract, tort, negligence, strict liability, statutory claim, or any other theory.
RED reserves the right to do any of the following at any time, without notice: (a) modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (b) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (c) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless RED, its affiliates, and their respective officers, directors, employees, agents, contractors, licensors, service providers, successors, and assigns from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your access to, use of, or misuse of the Site; (b) your violation of these Terms of Use or applicable law; (c) your User Content, including RED’s permitted use of your User Content in accordance with these Terms of Use; (d) your infringement, misappropriation, or violation of any intellectual property, privacy, publicity, confidentiality, contractual, or other rights of any third party; (e) your fraud, misrepresentation, or unlawful conduct; or (f) any activity conducted through your account, username, password, or other security credentials. This indemnity applies only to the extent enforceable under applicable consumer protection, unfair contract terms, or other mandatory laws and does not require you to indemnify RED for RED’s own gross negligence, willful misconduct, or liability that cannot be limited or excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE DISCLAIMERS IN SECTION 13, RED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE, RED CONTENT, THIRD PARTY CONTENT, LINKED SITES, USER CONTENT, FEEDBACK, OR ANY CONTENT, FEATURE, FUNCTIONALITY, PRODUCT INFORMATION, OR RELATED MATERIAL MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF RED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE DISCLAIMERS IN SECTION 13 AND THE OTHER PROVISIONS OF THESE TERMS OF USE, RED IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE, RED CONTENT, THIRD PARTY CONTENT, LINKED SITES, USER CONTENT, FEEDBACK, OR ANY CONTENT, FEATURE, FUNCTIONALITY, PRODUCT INFORMATION, OR RELATED MATERIAL MADE AVAILABLE THROUGH THE SITE, RED’S TOTAL LIABILITY WILL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO RED, IF ANY, FOR PAID FEATURES OF THE SITE IN THE SIX MONTHS PRECEDING THE DATE ON WHICH THE INITIAL CLAIM AGAINST RED AROSE, EXCLUDING ANY AMOUNTS PAID FOR RED HARDWARE, SOFTWARE, OR OTHER PRODUCTS GOVERNED BY SPECIFIC TERMS UNDER SECTION 10, OR (B) USD $100.00.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain damages or liability. Accordingly, the disclaimers and limitations in Sections 13 and 15 apply only to the maximum extent permitted by applicable law and do not limit or exclude any liability that cannot be limited or excluded under applicable law.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of California and the United States, without regard to its conflict of laws principles.
- Please read this Section carefully. It requires you and RED to resolve most disputes by individual binding arbitration, rather than in court, and limits the manner in which you and RED may seek relief from each other.
- Covered Claims.
Except as expressly provided below, you and RED agree that any legal or equitable claim, controversy, or dispute arising out of or relating to these Terms of Use, the Site, RED Content, User Content, Feedback, your access to or use of the Site, or the interpretation, enforceability, or applicability of these Terms of Use (each, a “Claim”) will be resolved exclusively by final and binding arbitration on an individual basis.
- Specific Terms Control.
If a Claim is governed by specific terms identified in Section 10, including RED’s Terms of Sale, Return Policy, Warranty Policy, an end-user license agreement, contest or promotion terms, or feature-specific terms, and those specific terms contain a dispute resolution provision that is inconsistent with this Section, the dispute resolution provision in the specific terms will control solely for that transaction, product, software, contest, promotion, service, or feature.
- Informal Resolution.
Before initiating arbitration, the party asserting a Claim must first send a written notice of dispute to the other party that describes the nature and basis of the Claim and the relief sought, including a good-faith calculation of the specific amount in dispute. Notices to RED must be sent to RED Digital Cinema, Inc., 94 Icon, Foothill Ranch, California 92610, Attention: Legal Department. RED may send notices to you using the contact information associated with your account or otherwise provided by you. You and RED agree to attempt in good faith to resolve the Claim informally for at least 30 days after the notice is received. If the Claim is not resolved during that period, either party may initiate arbitration as described below.
- Small Claims Court.
Either party may bring an individual Claim under $10,000 in small claims court if the Claim qualifies and remains in small claims court on an individual, non-class, and non-representative basis.
- Mandatory Arbitration.
If a Claim is not resolved informally or in small claims court, the Claim will be resolved by binding arbitration administered by JAMS before a single neutral arbitrator. Claims of $10,000 or more must be resolved through arbitration, unless the Claim is not subject to arbitration under applicable law or this Section.
- Arbitration Rules and Administrator.
The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures, or, if applicable, the JAMS Consumer Arbitration Minimum Standards and Consumer Arbitration Rules, in effect when the arbitration is commenced, except as modified by this Section. The arbitrator will have authority to resolve disputes concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, subject to the class and representative action waiver below.
- Arbitration Location and Format.
Unless you and RED agree otherwise, the arbitration may be conducted by telephone, videoconference, written submissions, or in person at a location reasonably convenient for you, as determined by the arbitrator and permitted by the applicable JAMS rules. The arbitration will be conducted in English.
- Arbitration Fees and Costs.
Payment of filing, administration, arbitrator, and other arbitration fees and costs will be governed by the applicable JAMS rules and any applicable law. Each party will bear its own attorneys’ fees and costs unless the arbitrator determines that a Claim was frivolous, vexatious, brought in bad faith, or asserted for an improper purpose. In such cases, the arbitrator may award the prevailing party its reasonable attorneys’ fees and costs to the maximum extent permitted by applicable law and JAMS rules.
- Individual Relief Only.
The arbitrator may award any individual relief that would be available in court, including damages, declaratory relief, or injunctive relief, but only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual Claim. The arbitrator must follow these Terms of Use and applicable law.
- Injunctive and Other Carveouts.
Nothing in this Section prevents either party from seeking temporary, preliminary, or permanent injunctive, equitable, or provisional relief in court to protect intellectual property rights, confidential information, system integrity, or export control and sanctions compliance. Seeking such relief does not waive either party’s right to compel arbitration of any arbitrable Claim.
- Class, Collective, Representative, and Consolidated Action Waiver.
To the maximum extent permitted by applicable law, you and RED each agree that any Claim will be brought only on an individual basis and not as a plaintiff, class member, or representative in any purported class, collective, representative, private attorney general, or consolidated proceeding. The arbitrator may not consolidate more than one person’s Claims and may not preside over any form of class, collective, representative, private attorney general, or consolidated proceeding, except to the extent this waiver is determined to be unenforceable under applicable law.
- Jury Trial Waiver.
To the maximum extent permitted by applicable law, you and RED each knowingly, voluntarily, and irrevocably waive any right to a trial by jury for any Claim, whether the Claim is resolved in arbitration or in court.
- Limitations Period.
To the maximum extent permitted by applicable law, any Claim under $10,000 must be commenced within 60 days after the event giving rise to the Claim, and any Claim of $10,000 or more must be commenced within 90 days after the event giving rise to the Claim. Notwithstanding anything to the contrary in these Terms of Use, no Claim may be commenced more than 1 year after the event giving rise to the Claim, and any Claim not commenced within the applicable period will be permanently barred. These limitations periods do not apply to any Claim that cannot legally be shortened or to Claims governed by specific terms under Section 10 that expressly provide a different limitations period.
- Courts for Non-Arbitrable Claims.
For any Claim that is not subject to arbitration under applicable law or this Section, and except for Claims properly brought in small claims court, you and RED each consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California, and waive any objection to such jurisdiction or venue.
- Severability.
If any portion of this Section is found unenforceable, that portion will be severed to the minimum extent necessary, and the remaining portions will remain in full force and effect. If the class, collective, representative, private attorney general, or consolidated action waiver is found unenforceable as to a particular Claim, then that Claim must proceed in court and not in arbitration, but only to the extent required by applicable law.
- Covered Claims.
RED respects the intellectual property rights of others. If you are a copyright owner or are authorized to act on behalf of one, and you believe that material available on the Site infringes your copyright, you may submit a written notice under the Digital Millennium Copyright Act (“DMCA”) that includes the following information:
Your physical or electronic signature.
Identification of the copyrighted work claimed to have been infringed or, if the notice concerns multiple copyrighted works on the Site, a representative list of those works.
Identification of the material claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to permit RED to locate the material.
Information reasonably sufficient to permit RED to contact you, such as your name, postal address, telephone number, and email address.
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner of the exclusive right that is allegedly infringed.
DMCA notices should be sent to:
RED Digital Cinema, Inc.
94 Icon.
Foothill Ranch, California 92610.
Attn: Legal Department.Failure to include all required information may render your notice invalid and may prevent RED from responding to or removing the allegedly infringing material.
If you knowingly and materially misrepresent that material or activity on the Site is infringing, you may be liable for damages, including costs and attorneys’ fees, under Section 512(f) of the Digital Millennium Copyright Act, 17 U.S.C. § 512(f).
Only copyright infringement notices should be sent to the address above. All other inquiries, requests, or complaints should be directed to RED Support at support@reddigitalcinema.com.
- Force Majeure.
RED will not be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, labor disruptions, war, terrorism, civil unrest, governmental actions, epidemics, pandemics, quarantines, supply shortages, communications or power failures, fires, accidents, explosions, severe weather, or other events beyond RED’s reasonable control.
- Severability.
If any provision of these Terms of Use is held unlawful, void, or unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remaining provisions will remain valid and enforceable to the fullest extent permitted by applicable law.
- No Waiver.
RED’s failure to enforce any provision of these Terms of Use will not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by RED to be effective.
- Electronic Communications.
You agree that RED may provide notices and other communications relating to these Terms of Use or your use of the Site electronically, including by email, through the Site, through your account, or by posting notices on the Site. You agree that electronic notices, disclosures, agreements, and other communications satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
- Assignment.
You may not assign or transfer these Terms of Use, or any rights or obligations under these Terms of Use, without RED’s prior written consent. RED may assign or transfer these Terms of Use, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.
- Survival.
Any provisions that by their nature should survive termination or expiration of these Terms of Use will survive, including provisions relating to RED Content, trademarks, Feedback, User Content licenses, disclaimers, indemnification, limitation of liability, dispute resolution, governing law, export and sanctions compliance, and miscellaneous terms.
- Reservation of Rights.
RED reserves all rights not expressly granted in these Terms of Use. No rights are granted by implication, estoppel, or otherwise.
- No Third-Party Beneficiaries.
These Terms of Use are for the benefit of you and RED only and do not create any rights or benefits for any third party, except for RED’s affiliates, licensors, service providers, and indemnified parties to the extent expressly protected by these Terms of Use.
- Headings.
Section headings are provided for convenience only and do not affect the interpretation of these Terms of Use.
- Entire Agreement.
These Terms of Use, together with any policies or operating rules posted by RED on the Site or incorporated by reference, constitute the entire agreement between you and RED regarding your access to and use of the Site and supersede any prior or contemporaneous agreements, communications, or proposals regarding the Site, whether oral or written.
- Interpretation.
Any ambiguities in these Terms of Use will not be construed against the drafting party.
- Force Majeure.
If you have questions about these Terms of Use, please contact:
RED Digital Cinema, Inc.
94 Icon
Foothill Ranch, California 92610
Attn: Legal DepartmentFor customer support requests or product-related inquiries, please Submit a Support Request .