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Terms

Welcome to the Compass Cinema™ web site and store, available at “store.compasscinema.com” (this “Site”).  This Site is owned and operated by Compass Cinema. Please read this page carefully before using this Site.  By accessing or using this Site in any way, including, without limitation, browsing this Site, using any information, placing an order, and/or submitting your personal information to Compass Cinema, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”), including but not limited to conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Tennessee law.

0.  Securing Shopping

You can shop at www.store.compasscinema.com  with confidence. We have partnered with Authorize.Net, a leading payment gateway since 1996, to accept credit cards and electronic check payments safely and securely for our customers.

The Authorize.Net Payment Gateway manages the complex routing of sensitive customer information through the electronic check and credit card processing networks. See an online payments diagram to see how it works.

The company adheres to strict industry standards for payment processing, including:

  • 128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions.

  • Industry leading encryption hardware and software methods and security protocols to protect customer information.

  • Compliance with the Payment Card Industry Data Security Standard (PCI DSS).

For additional information regarding the privacy of your sensitive cardholder data, please read the Authorize.Net Privacy Policy .

The Compass Store is registered with the Authorize.Net Verified Merchant Seal program.

1.  Site Content

All contents of this Site are: © 2010 Compass Cinema. All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). You are only permitted to use Content as expressly authorized herein or in writing by Compass Cinema. Neither these Terms nor your use of this Site transfers any right, title or interest in the Site or the Content to you, and Compass Cinema and its third party licensor(s) retain all of its and their respective right, title and interest to the Site and Content.  

Except as provided in these Terms, you may not use, modify, republish, frame, print, display, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, without the express permission of Compass Cinema.  In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. Requests for such permission should be made to info@compasscinema.com.  

This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. Further, a reference to a product or service on this Site does not imply that such product or service is or will be available in your location. The content of this Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.

Certain materials on this Site may be furnished by third parties. Certain product, service, or company designations for companies other than Compass Cinema may be mentioned in the Site for identification purposes only. Third party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.  

Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our Intellectual Property Rights or under any third party's Intellectual Property Rights.  Any rights not expressly granted herein are reserved. 

2.  Permissible Use

Except as indicated to the contrary elsewhere on this Site, you may view, copy and print the Content available on this Site subject to the following conditions:
- the Content is used solely for personal or informational purposes; 
- the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration; 
- all copyright, trademark and other proprietary rights notices included in the Content as presented at the Site appear on all copies; 
- the Content is not modified or altered in any way; and 
- no graphics are used separately from accompanying text.

You may also link or hyperlink to the home page of this Site from any Acceptable Site, but only if:
- you do not frame the Site or any portion of the Site;
- the hyperlink to the Site is not used in a way that suggests that Compass Cinema endorses you or your web site;
- the link is identified using a plain text rendering of the name Compass Cinema and/or the Compass Cinema trademark or logo;
- the link to the Site is not used or presented in any way that disparages Compass Cinema, Modern Parables, Visual Latin or any store goods, tarnishes, blurs or dilutes the quality of Compass Cinema’ names or trademarks or any associated goodwill;
- the link to the Site is not displayed on any web page that displays objectionable content or links; and 
- you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason. 

An "Acceptable Site" means a web site that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that:  (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party's intellectual property or proprietary rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (iv) violates or encourages others to violate any applicable law.

3.  User Conduct

In using the Site, including all Content and services available through it, you agree that you shall not: 
- send unsolicited commercial email to the email addresses appearing on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);
delete, modify, hack or attempt to change or alter any of the Content on the Site;
- use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties' use of the Site;
- use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine; 
- use any Compass Cinema names, service marks, or trademarks as metatags, search engine keywords, or hidden text;
- use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party; or
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of Compass Cinema or any third party. 

4.  Return Policy

Purchases from Compass Cinema and this Site are digital in content. Delivery method is immediate so you must watch your email inbox, spam list, or other address you have identified to receive your purchase. We want you to be happy with any purchases you may make through this Site. If you have purchased products through this Site and are not completely satisfied with your purchase, you may return any such items within seven (7) days of digital delivery for an exchange, credit or full refund, to be determined at Compass Cinema’s option.  In order to receive an exchange, credit or refund, the digital product must be destroyed. This includes digital copies, disk, or any hard drive or media containing the product. 

Please note that Compass Cinema cannot accept returns of items returned more than thirty (30) days after delivery.  Unless otherwise agreed in writing, you are responsible for any shipping costs from your place to our shipping location. Exchanges or requests for refunds should be sent to: Compass Cinema, 609 West Iris, Nashville, Tennessee 37204.

Compass Cinema will notify you via email of your return once Compass Cinema has received and processed the returned item. You can expect a refund, exchange or credit (refunds will be issued in the same form of payment originally used for purchase) within 20 business days of our receiving your return. If your return is not due to our error, we may deduct any outstanding shipping costs from any refund or credit.

5.  Secure Ordering 

Shopping at this Site is safe, convenient and secure. To provide credit card security and keep your personal information safe, Compass Cinema uses ipsCA certified 128-bit Secure Socket Layer (SSL) technology, the industry standard encryption technology for secure Internet transactions. All of your information is encrypted. To protect your information once it is received by Compass Cinema, firewalls keep information safe and inaccessible to other Internet users. To confirm that your connection is secure, look for a locked padlock icon or solid key icon at the bottom of your browser window. The letters "https" (rather than "http") located in the URL address window at the top of your browser will indicate that you are using a secure browser.  Your browser may also give you a pop-up message that you are about to enter a secure area.

6.  Modifications To Terms

Compass Cinema may change these Terms from time to time. Please review these Terms periodically for any updates or changes.  Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Site.  Sections 1-4 and 8-20 of these Terms shall survive any termination of these Terms.

7.  Termination or Modifications To Site

Compass Cinema reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you. Compass Cinema may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that Compass Cinema will not be liable to you or any third party in the event that Compass Cinema exercises its right to modify or terminate access to the Site or portions of the Site.

8.  Contests and Sweepstakes

Compass Cinema may provide rules for certain activities on this Site including, without limitation, contests and sweepstakes by Compass Cinema and in conjunction with third parties. These Terms are incorporated by reference to the specific rules, which appear in connection with information about a particular activity. To the extent that any conflict exists between these Terms and specific rules, the rules for the activity in which you choose to participate shall govern.

9.  Your Privacy

Compass Cinema will treat any information it collects from you in accordance with its Privacy Policy:

PRIVACY POLICY

Compass Cinema and its employees will not lease, rent, sell, or otherwise disclose or distribute your personal information to any person or company for any reason, except to the extent necessary to process your order. We use a secure server when orders are being placed and only a select few are privy to that information. Your credit card number is encrypted while being transmitted to us for processing. We thank you in advance for your trust.

This Privacy Policy is hereby incorporated by reference. Please review the Privacy Policy before you use this Site. If you are unwilling to accept the practices outlined in the Privacy Policy, we ask that you not use this Site. 

10.  Copyright Infringement

In accordance with the Digital Millennium Copyright Act ("DMCA"), http://lcweb.loc.gov/copyright/, Compass Cinema has designated an agent to receive notifications of alleged copyright infringement associated with the Site. Compass Cinema will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at info@modernparable.com and through the address set forth at the end of this page. When notifying Compass Cinema of the alleged copyright infringement, please include all of the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
- Identification of the copyrighted work alleged to have been infringed;
- a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
- information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
- a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf. 

If material is believed in good faith by Compass Cinema to infringe a copyright or otherwise violate any intellectual property rights, Compass Cinema will remove or disable access to any such material. 

11.  Other Sites, Content, Products and Services

As a convenience to you, this Site may run advertisements and provide links to web sites and access to content, products and services of third parties, including without limitation, Compass Cinema's affiliates and strategic partners and other entities (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other notices posted on Linked Sites before you use them. Compass Cinema does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Compass Cinema, or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings.  You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site.

12.  Typographical Errors 

Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any web site is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. Compass Cinema therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.  In the event that any merchandise or product offered on this Site is mistakenly listed at an incorrect price, Compass Cinema reserves the right to refuse or cancel any orders placed for such products listed at the incorrect price. Compass Cinema reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Compass Cinema will issue a credit to your credit card account in the amount of the incorrect price.

13.  Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS, WHERE IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. COMPASS CINEMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, QUIET ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.  COMPASS CINEMA MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. 

14.  Limitation of Liability

IN NO EVENT SHALL COMPASS CINEMA OR ITS AFFILLIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE RESULTING FROM: (A) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR GOODS, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (C) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (D) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF COMPASS CINEMA HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.  THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO COMPASS CINEMA RECORDS OR SERVICES, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR ANY FORCE MAJEURE.   YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ANY AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES.  THEREFORE, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. 

15.  Indemnity

You agree to indemnify, defend and hold COMPASS CINEMA, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, attorneys, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys' fees and costs of litigation, arising out of, or in any way related to your use of or access to this Site, your use of the Content, including any use by your employees, your violation of these Terms or your violation of any rights of another. 

16.  Limitation on Actions 

You agree that any claim or cause of action arising out of your use of this Site or these Terms must be filed within (6) six months after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Compass Cinema or its affiliates to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

17.  Dispute Resolution 

You agree that any dispute arising out of or relating in any way to your use of this Site or the purchase of merchandise from Compass Cinema through this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Compass Cinema’s intellectual property rights, Compass Cinema may seek injunctive or other appropriate relief. The arbitration shall be conducted before at least one neutral arbitrator in the city of Nashville, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration. 

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof.  Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee or to any Federal Court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 17 be deemed invalid or otherwise unenforceable for any reason, it shall be severed.  In such event, the parties to these Terms agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Nashville, Tennessee, and each party hereby waives any defense related to personal jurisdiction, process or venue. 

18.  Acknowledgement  

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

19.  General

Compass Cinema may assign its rights and duties under these Terms. If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.  Compass Cinema’s failure to act with respect to a breach by any user using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches.  These Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of law provisions.  In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern.  The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.  These Terms, the Privacy Policy, any sweepstakes rules, policies, or procedures that may be posted from time to time by Compass Cinema on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. 

20.  Contact Information 

If you have any questions about these Terms, the practices of Compass Cinema, or your dealings with this Site, please contact us through one of the methods listed below. You may also contact us to update your personal information by notifying us when you change your name or email address:

E-mail: info@compasscinema.com

Address: Compass Cinema, Attn: Compass Cinema Store Terms of Use, 609 West Iris, Nashville, TN 37204

Telephone: 615.469.1726

Last Updated: August 4, 2011