Craft Camera is coming!

[TVDino]

31 minutes ago, sanveer said:

I don't know why nobody has thought or asked this:

1. If it is modular in the manner that it is, how study is it after connecting it the way it is. I hope it doesn't suffer from misalignment, breakage etc. 
2. I wonder how fast the modular connection port transfer is. Since it doesn't have a common motherboard, I am guessing the reliability of ports is far more important here.


I am guessing that the basic camera (that is sold) will have most functions, and the modules will add more, or improve existing features.
Someone mentioned that it won't work without the extra sound module. I am not sure that may be the case. It says, "AUDIO ELEMENT
Your camera "expands its audio capabilities" when you add the Audio Element. Features include 2 mic inputs with phantom power, balanced analog output, and 1/8” stereo headphone jack for monitoring."

Sound quality Improves (due to the preamps), and monitoring is available with the sound module. 

Actually mercer did approach Your subjects earlier, but I think there is one thing in particular everyone should take a closer look at and those who have legal minds can if needed warn us about any "future-incidents" and their eventual right to KEEP the deposits ...

                                 "Now the party of the first part shall be known in this contract as the party of the first part."
Here's their VEEERRRYY  long contract, I mean TERMS & CONDITIONS ...

CRAFT DIGITAL SYSTEMS INC. TERMS & CONDITIONS

Craft Digital Systems, Inc. (“Craft,” ‘we,” “us,” “our” or terms of similar import) welcomes you! We are very excited that you have decided to use our products and services. By using our products and services, you are agreeing to these terms. Please read them carefully. Our products and services will allow users to tell better stories utilizing video and audio technology (“Craft” and, together with the Site (defined below) and any other apps or products offered by us, collectively the “Service” This Terms of Use and the Additional Terms (defined below) (as such terms and policies may be updated from time to time) (collectively, these “Terms” governs your use of the Service.

By visiting craftcamera.com (the “Site” or otherwise accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms and that you are at least 18 years of age. If you do not agree, you may not use the Service.

We reserve the right at any time, with or without cause, to:

• change the terms and conditions of these Terms;

• change the Service, including eliminating or discontinuing any information, application or other feature of the Service; or

• deny or terminate your use of and/or access to the Service.

Any changes we make will be effective immediately upon our making such changes available on the Service or otherwise providing notice thereof. You agree that your continued use of the Service after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy (which can be accessed at http://craftcamera.com/privacy-policy and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.

Additional Terms

In addition to these Terms, the following additional terms (“Additional Terms”) apply to your use of the Services. By using the Services or placing your reservation for the Craft, you agree to be bound by these Additional Terms, as applicable, which are incorporated herein by reference:

1 Privacy Policy, which describes our policies with respect to the collection, use, and disclosure of personal information from you;

2 Any EULA, which we may have in place from time to time, which governs your use of software applications you may obtain from us;

3 Any warranties or additional purchasing terms that we include with the Services; and

4 Any additional terms or conditions we may supply from time to time.

In the event of a conflict between the terms and conditions in this document and the terms in any of the above Additional Terms, these terms and conditions in this document will control.

Reserving Craft Cameras

1 When you reserve a Craft Camera, you agree to pay any amounts and fees we may charge you for the Craft Camera (which may vary from a deposit to payment of the full purchase price of the Craft Camera). Before you are required to make any payment, you will have an opportunity to review and accept the amount that you will be charged to you. All payments are in U.S. Dollars. We will charge the payment method you specify at the time of payment. You hereby authorize us to charge all sums described herein to such payment method. If you make any applicable payment with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. We may change the required purchase price for the Craft Cameras from time to time by posting the changes on the Site.

2 You agree that we may cancel or refund your payment amount at any time prior to the date on which we ship the Craft Camera(s) for any reason, and if we do so, we are not required to fulfill your reservation.

3 If you cancel your reservation any time prior to the time we ship the Craft Camera(s), we will refund to you the amounts that you paid. After the Craft Camera(s) have shipped, we have no obligation to provide refunds or credits, but we may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by us, in each case in our sole discretion.

4 Our fees are net of any applicable Sales Tax. If the Craft Camera(s) are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify us for any liability or expense we may incur in connection with such Sales Tax. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that we are permitted to pass to customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

5 When you reserve a Craft Camera, you acknowledge that the design and specifications of the Craft Camera, and the Services, may be altered by us prior to final delivery. If such changes are made, you will be notified in accordance with our standard practices and have an opportunity to cancel your reservation in accordance with these Terms. You acknowledge that termination of your reservation shall be your only means of recourse in the event of such changes in design and specification of the Craft Camera and/or Services.

Use of the Service

You are solely responsible for the use of the Service. You may not misuse the Service. You may not interfere with the Service or try to access the Service using a method other than the interface and the instructions that we provide. You may use the Service only as permitted by law, including applicable export and re-export control laws and regulations.

The Service is owned and operated by Craft and its licensors, and the information, services and content (and any intellectual property and other rights relating thereto) provided through the Service ("Content") are and will remain the property of Craft and its licensors and suppliers. The Content is protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in these Terms, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Service or Content without our prior written permission. The Service and Content may be used solely (a) to the extent permitted in these Terms or (b) as expressly authorized in writing by Craft or, if so indicated in writing by Craft, its licensors or suppliers. Use of the Service or Content for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Service or Content.

The trademarks, logos, and service marks displayed on the Service (collectively, the "Trademarks") are the registered and unregistered trademarks of Craft, Craft licensors and suppliers, and/or others. Nothing contained in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Craft, Craft’s licensors or suppliers, or the third-party owner of any such Trademark.

Using the Service does not give you ownership of any intellectual property rights in the Services or the Content you access. You may not use Content from the Service unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. You may not remove, obscure, or alter any legal notices displayed in or along with the Service. If your Craft Camera is lost, damaged or stolen you may purchase a replacement device directly from us via the Site. Please note that your purchase of a new Craft Camera will be at retail price and it may require you to update some or all of the financial account information that you previously provided to us.

Permissions

You agree that we may send you communications (via text, email or through the Service) regarding your use of the Service and certain features or applications of the Service you may be interested in. You may opt out of certain of these communications, but you may not opt out of administrative communications from us regarding your use of the Service.

If your use of the Service includes applications for mobile devices (a “Craft App”), you hereby consent to and grant us the following permissions in connection with your use of such Craft App for mobile devices:

1 Permission to update the Craft Camera software via the Craft App residing at your smartphone;

2 Permission to collect and use location data in connection with your use of the Service;

3 Permission to send and receive text messages regarding your use of the Service.

Compliance with Law

You agree to operate the Service in accordance with all applicable laws and regulations. You further agree that it is solely your responsibility to determine if use of the Service in your jurisdiction permitted under all applicable laws and regulations. You acknowledge that Craft is not responsible for your use of the Service, the Craft Camera or any related third-party devices in violation of any law or regulation.

Procedure for claims under the Digital Millennium Copyright Act

We respect the intellectual property rights of others and attempts to comply with all relevant laws, and expect our users to do the same. We will review all claims of copyright infringement received and remove any content or user submissions deemed to have been posted or distributed in violation of any such laws. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notification of claimed infringement, which may be given under that Act is as follows: 4355 Cobb Pkwy. Suite J109 Atlanta, GA 30339 , Attention: Copyright Agent.

If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

License

Subject to these Terms, Craft grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to use the Craft software provided by Craft that is pre-installed on, embedded in or incorporated into the Craft Camera ("Embedded Software") solely in connection with your use of the Service.

You may not (a) copy, sell, sublicense or otherwise transfer the Embedded Software to any third party; (b) remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Embedded Software; (c) modify, translate or create derivative works based on any proprietary portions of the Embedded Software; (d) decompile, disassemble, reverse engineer or otherwise attempt to derive source code of any proprietary portion of the Embedded Software, in whole or in part, except to the extent expressly permitted by applicable law; (e) distribute or offer the Embedded Software to any third party (e.g. as part of a service bureau, time-sharing, or similar arrangement) or for the benefit of any third party; or (f) use the Embedded Software or Service in violation of any applicable laws or regulations.

Registration

Access to certain functionalities of the Service will require you to register with and/or provide certain information to us. We reserve the right to decline to provide the Service to any person for any or no reason. If and when you register with or provide information to us, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Service. You understand that any information you provide will be treated by us in the manner described in our Privacy Policy, which can be found at http://craftcamera.com/privacy-policy.

Restrictions

You agree not to use the Service to take any action or actions that:

1 are contrary to our public image, goodwill or reputation;

2 infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

3 express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;

4 violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;

5 are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;

6 transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;

7 restrict or inhibit any other visitor from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service;

8 modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service;

9 remove any copyright, trademark, or other proprietary rights notices contained in or on the Service;

10 sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the Service, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;

11 "frame" or "mirror" any part of the Service without our prior written authorization;

12 distribute any virus, worm or other similar or deleterious files, scripts or programming routines;

13 interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Service or its licensors or suppliers;

14 involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CANSPAM Act of 2003);

15 use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents, authentication and security measures;

16 forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;

17 execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service's servers or any data not intended for you; and/or

18 harvest or collect information about any Service users without their express consent. Improper use of the Service may result in termination of your access to and use of the Service, and/or civil or criminal liabilities.

Term and Termination

These Terms are effective from the date that you first access the Service or submit any information to Craft, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Craft may immediately terminate these Terms, and/or your access to and use of the Service, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. These Terms will also terminate automatically if you fail to comply with any term or provision of these Terms. Upon termination of these Terms by either party, your right to use the Service shall immediately cease, and you shall destroy all copies of information that you have obtained from the Service, whether made under these Terms or otherwise. All disclaimers and all limitations of liability and all Craft rights of ownership shall survive any termination.

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Service, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, or any part of portion thereof. Nothing in these Terms shall be construed to obligate us to maintain and support the Service, or any part or portion thereof, during the term of these Terms.

Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRAFT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. CRAFT EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE SERVICE, THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE.

Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER CRAFT NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICE OR THE SUBJECT MATTER OF THESE TERMS, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOU EXPRESSLY AGREE TO RELEASE AND PROMISE NOT TO SUE CRAFT OR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, OR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WITH RESPECT TO ANY SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SERVICE IS TO STOP USING THE SERVICE. NEITHER CRAFT NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED ON THE SERVICE BY THIRD PARTIES.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU ACKNOWLEDGE AND AGREE THAT CRAFT HAS OFFERED ITS SITE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CRAFT, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CRAFT.

Indemnity

You agree to fully indemnify, defend, and hold Craft, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all liability, claims, demands, cases and costs, including reasonable attorneys’ fees incurred by such indemnified parties, in connection with or arising out of the use or misuse of the Service by you or by third parties whom you have permitted to use the Service ("Permitted Users"), your violation of these Terms, violation of any applicable law or regulation by you or a Permitted User, or a violation of the rights of any third parties by you or a Permitted User related to the use of the Service.

Jurisdictional Issues

Craft makes no representation that the Service operates (or is legally permitted to operate) in all geographic areas, or that the Service is appropriate or available for use in other locations. Using the Service from territories where the Service or any content or functionality of the Service or portion thereof is illegal is expressly prohibited. If you or a Permitted User chooses to use the Service, you agree and acknowledge that you and such Permitted User do so on each party’s own initiative and at each party’s own risk, and that you are solely responsible for compliance with all applicable laws.

Dispute Resolution

1 In the interest of resolving disputes between you and Craft in the most expedient and cost effective manner, you and Craft agree that any and all disputes arising in connection with these Terms or the use of the Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CRAFT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

2 Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

3 Any arbitration between you and Craft will be governed by the Consumer Arbitration Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1–800–778–7879, or by contacting Craft.

4 A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Craft’s address for Notice is: 4355 Cobb Pkwy. Suite J109 Atlanta, GA 30339. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Craft may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Craft shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Craft shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Craft in settlement of the dispute prior to the arbitrator’s award.

5 In the event that you commence arbitration in accordance with these Terms, Craft will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Fulton County, Georgia, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Craft for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

6 YOU AND CRAFT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Craft agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

7 In the event that Craft makes any future change to this arbitration provision (other than a change to the Craft’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Craft’s address for Notice, in which case your account with Craft shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

8 All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

9 If only Subsection 6 of this section or the entirety of this section is found to be unenforceable, then the entirety of this section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in the "Miscellaneous" section shall govern any action arising out of or related to these Terms.

No Agency

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.

Miscellaneous

These Terms, whether interpreted in a court of law or in arbitration, shall be governed by and interpreted according to the laws of the State of Georgia as they apply to agreements entered into and to be performed entirely within Georgia by Georgia residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Craft agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Northern District of Georgia for the purpose of litigating all such claims or disputes. These Terms (including the various additional terms incorporated herein by reference) constitute the entire agreement between you and Craft, and supersedes any and all prior agreements, negotiations, or other communications between you and Craft, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties. Except as set forth in Section 6 of "Dispute Resolution" above, in the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You agree to abide by all applicable laws in your use of the Service, including export control laws and similar regulations governing the transfer of software and other technology outside of the United States or other jurisdictions. You may not assign these Terms without the prior written consent of Craft, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. Craft may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding on the parties and their respective successors and permitted assigns, heirs, and estates. You acknowledge and understand that if Craft is unable to provide the Service as a result of a force majeure event Craft will not be in breach of these Terms. A force majeure event means any event beyond the control of Craft. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Craft’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of these Terms.

Contact

Please send any questions or comments, or report violations of this Agreement, to the Company through our contact page, accessible from our website at craftcamera.com, or at Craft Digital Systems, Inc., 4355 Cobb Pkwy. Suite J109 Atlanta, GA 30339.

[Bioskop.Inc]

edit: FFS, just post a link, instead of all that shit!

I mean all companies have small print that can fuck you - ever read the iTunes agreement?

 

If they can actually deliver & the image is good, then this could be a groundbreaking product. You could simply start off with a simple set up & use what you've got already. Then buy as you go, until you have what you want.

If it has a sensor as good as or better than the (put your camera of choice here - not going to get into that debate here), it'll be a winner?

And...look,...they...gave...you...120fps...for...all...you...slo-mo...freaks...!

I wonder if its the same company that was talking about doing a modular camera a few years ago? Think that might have been a photography camera though?

[TVDino]

7 minutes ago, Bioskop.Inc said:

edit: FFS, just post a link, instead of all that shit!

 

If they can actually deliver & the image is good, then this could be a groundbreaking product. You could simply start off with a simple set up & use what you've got already. Then buy as you go, until you have what you want.

If it has a sensor as good as or better than the (put your camera of choice here - not going to get into that debate here), it'll be a winner?

And...look,...they...gave...you...120fps...for...all...you...slo-mo...freaks...!

I wonder if its the same company that was talking about doing a modular camera a few years ago? Think that might have been a photography camera though?

I'm posting all that sh.. here so there is an UNCHANGED COPY AT EOSHD.COM if someone at CraftCamera edits the terms ...
And for people to easier see it and discuus the small print !

[Bioskop.Inc]

3 minutes ago, TVDino said:

I'm posting all that sh.. here so there is an UNCHANGED COPY AT EOSHD.COM if someone at CraftCamera edits the terms ...
And for people to easier see it and discuus the small print !

Man...you're living on a completely different planet from me!

If you give them money up front, like now this minute, then you deserve everything that's coming to you & no BS small print is going to save you from being scammed like a new born child!

[markjohnsonii]

When it all comes down to it, there will be only a couple of factors that matter:

1. who makes their sensor? This matters for -color science, -actual dynamic range, -IR handling, to name a few.

2. WHAT SONG IS THAT ON THE INTRO VIDEO??????

[sanveer]

25 minutes ago, TVDino said:

Actually mercer did approach Your subjects earlier, but I think there is one thing in particular everyone should take a closer look at and those who have legal minds can if needed warn us about any "future-incidents" and their eventual right to KEEP the deposits ...

                                 "Now the party of the first part shall be known in this contract as the party of the first part."
Here's their VEEERRRYY  long contract, I mean TERMS & CONDITIONS ...

CRAFT DIGITAL SYSTEMS INC. TERMS & CONDITIONS

Craft Digital Systems, Inc. (“Craft,” ‘we,” “us,” “our” or terms of similar import) welcomes you! We are very excited that you have decided to use our products and services. By using our products and services, you are agreeing to these terms. Please read them carefully. Our products and services will allow users to tell better stories utilizing video and audio technology (“Craft” and, together with the Site (defined below) and any other apps or products offered by us, collectively the “Service” This Terms of Use and the Additional Terms (defined below) (as such terms and policies may be updated from time to time) (collectively, these “Terms” governs your use of the Service.

By visiting craftcamera.com (the “Site” or otherwise accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms and that you are at least 18 years of age. If you do not agree, you may not use the Service.

We reserve the right at any time, with or without cause, to:

• change the terms and conditions of these Terms;

• change the Service, including eliminating or discontinuing any information, application or other feature of the Service; or

• deny or terminate your use of and/or access to the Service.

Any changes we make will be effective immediately upon our making such changes available on the Service or otherwise providing notice thereof. You agree that your continued use of the Service after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy (which can be accessed at http://craftcamera.com/privacy-policy and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.

Additional Terms

In addition to these Terms, the following additional terms (“Additional Terms”) apply to your use of the Services. By using the Services or placing your reservation for the Craft, you agree to be bound by these Additional Terms, as applicable, which are incorporated herein by reference:

1 Privacy Policy, which describes our policies with respect to the collection, use, and disclosure of personal information from you;

2 Any EULA, which we may have in place from time to time, which governs your use of software applications you may obtain from us;

3 Any warranties or additional purchasing terms that we include with the Services; and

4 Any additional terms or conditions we may supply from time to time.

In the event of a conflict between the terms and conditions in this document and the terms in any of the above Additional Terms, these terms and conditions in this document will control.

Reserving Craft Cameras

1 When you reserve a Craft Camera, you agree to pay any amounts and fees we may charge you for the Craft Camera (which may vary from a deposit to payment of the full purchase price of the Craft Camera). Before you are required to make any payment, you will have an opportunity to review and accept the amount that you will be charged to you. All payments are in U.S. Dollars. We will charge the payment method you specify at the time of payment. You hereby authorize us to charge all sums described herein to such payment method. If you make any applicable payment with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. We may change the required purchase price for the Craft Cameras from time to time by posting the changes on the Site.

2 You agree that we may cancel or refund your payment amount at any time prior to the date on which we ship the Craft Camera(s) for any reason, and if we do so, we are not required to fulfill your reservation.

3 If you cancel your reservation any time prior to the time we ship the Craft Camera(s), we will refund to you the amounts that you paid. After the Craft Camera(s) have shipped, we have no obligation to provide refunds or credits, but we may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by us, in each case in our sole discretion.

4 Our fees are net of any applicable Sales Tax. If the Craft Camera(s) are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify us for any liability or expense we may incur in connection with such Sales Tax. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that we are permitted to pass to customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

5 When you reserve a Craft Camera, you acknowledge that the design and specifications of the Craft Camera, and the Services, may be altered by us prior to final delivery. If such changes are made, you will be notified in accordance with our standard practices and have an opportunity to cancel your reservation in accordance with these Terms. You acknowledge that termination of your reservation shall be your only means of recourse in the event of such changes in design and specification of the Craft Camera and/or Services.

Use of the Service

You are solely responsible for the use of the Service. You may not misuse the Service. You may not interfere with the Service or try to access the Service using a method other than the interface and the instructions that we provide. You may use the Service only as permitted by law, including applicable export and re-export control laws and regulations.

The Service is owned and operated by Craft and its licensors, and the information, services and content (and any intellectual property and other rights relating thereto) provided through the Service ("Content") are and will remain the property of Craft and its licensors and suppliers. The Content is protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in these Terms, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Service or Content without our prior written permission. The Service and Content may be used solely (a) to the extent permitted in these Terms or (b) as expressly authorized in writing by Craft or, if so indicated in writing by Craft, its licensors or suppliers. Use of the Service or Content for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Service or Content.

The trademarks, logos, and service marks displayed on the Service (collectively, the "Trademarks") are the registered and unregistered trademarks of Craft, Craft licensors and suppliers, and/or others. Nothing contained in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Craft, Craft’s licensors or suppliers, or the third-party owner of any such Trademark.

Using the Service does not give you ownership of any intellectual property rights in the Services or the Content you access. You may not use Content from the Service unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. You may not remove, obscure, or alter any legal notices displayed in or along with the Service. If your Craft Camera is lost, damaged or stolen you may purchase a replacement device directly from us via the Site. Please note that your purchase of a new Craft Camera will be at retail price and it may require you to update some or all of the financial account information that you previously provided to us.

Permissions

You agree that we may send you communications (via text, email or through the Service) regarding your use of the Service and certain features or applications of the Service you may be interested in. You may opt out of certain of these communications, but you may not opt out of administrative communications from us regarding your use of the Service.

If your use of the Service includes applications for mobile devices (a “Craft App”), you hereby consent to and grant us the following permissions in connection with your use of such Craft App for mobile devices:

1 Permission to update the Craft Camera software via the Craft App residing at your smartphone;

2 Permission to collect and use location data in connection with your use of the Service;

3 Permission to send and receive text messages regarding your use of the Service.

Compliance with Law

You agree to operate the Service in accordance with all applicable laws and regulations. You further agree that it is solely your responsibility to determine if use of the Service in your jurisdiction permitted under all applicable laws and regulations. You acknowledge that Craft is not responsible for your use of the Service, the Craft Camera or any related third-party devices in violation of any law or regulation.

Procedure for claims under the Digital Millennium Copyright Act

We respect the intellectual property rights of others and attempts to comply with all relevant laws, and expect our users to do the same. We will review all claims of copyright infringement received and remove any content or user submissions deemed to have been posted or distributed in violation of any such laws. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notification of claimed infringement, which may be given under that Act is as follows: 4355 Cobb Pkwy. Suite J109 Atlanta, GA 30339 , Attention: Copyright Agent.

If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

License

Subject to these Terms, Craft grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to use the Craft software provided by Craft that is pre-installed on, embedded in or incorporated into the Craft Camera ("Embedded Software") solely in connection with your use of the Service.

You may not (a) copy, sell, sublicense or otherwise transfer the Embedded Software to any third party; (b) remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Embedded Software; (c) modify, translate or create derivative works based on any proprietary portions of the Embedded Software; (d) decompile, disassemble, reverse engineer or otherwise attempt to derive source code of any proprietary portion of the Embedded Software, in whole or in part, except to the extent expressly permitted by applicable law; (e) distribute or offer the Embedded Software to any third party (e.g. as part of a service bureau, time-sharing, or similar arrangement) or for the benefit of any third party; or (f) use the Embedded Software or Service in violation of any applicable laws or regulations.

Registration

Access to certain functionalities of the Service will require you to register with and/or provide certain information to us. We reserve the right to decline to provide the Service to any person for any or no reason. If and when you register with or provide information to us, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Service. You understand that any information you provide will be treated by us in the manner described in our Privacy Policy, which can be found at http://craftcamera.com/privacy-policy.

Restrictions

You agree not to use the Service to take any action or actions that:

1 are contrary to our public image, goodwill or reputation;

2 infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

3 express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;

4 violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;

5 are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;

6 transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;

7 restrict or inhibit any other visitor from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service;

8 modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service;

9 remove any copyright, trademark, or other proprietary rights notices contained in or on the Service;

10 sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the Service, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;

11 "frame" or "mirror" any part of the Service without our prior written authorization;

12 distribute any virus, worm or other similar or deleterious files, scripts or programming routines;

13 interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Service or its licensors or suppliers;

14 involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CANSPAM Act of 2003);

15 use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents, authentication and security measures;

16 forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;

17 execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service's servers or any data not intended for you; and/or

18 harvest or collect information about any Service users without their express consent. Improper use of the Service may result in termination of your access to and use of the Service, and/or civil or criminal liabilities.

Term and Termination

These Terms are effective from the date that you first access the Service or submit any information to Craft, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Craft may immediately terminate these Terms, and/or your access to and use of the Service, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. These Terms will also terminate automatically if you fail to comply with any term or provision of these Terms. Upon termination of these Terms by either party, your right to use the Service shall immediately cease, and you shall destroy all copies of information that you have obtained from the Service, whether made under these Terms or otherwise. All disclaimers and all limitations of liability and all Craft rights of ownership shall survive any termination.

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Service, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, or any part of portion thereof. Nothing in these Terms shall be construed to obligate us to maintain and support the Service, or any part or portion thereof, during the term of these Terms.

Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRAFT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. CRAFT EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF THE SERVICE, THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE.

Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER CRAFT NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICE OR THE SUBJECT MATTER OF THESE TERMS, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOU EXPRESSLY AGREE TO RELEASE AND PROMISE NOT TO SUE CRAFT OR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, OR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WITH RESPECT TO ANY SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SERVICE IS TO STOP USING THE SERVICE. NEITHER CRAFT NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED ON THE SERVICE BY THIRD PARTIES.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU ACKNOWLEDGE AND AGREE THAT CRAFT HAS OFFERED ITS SITE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CRAFT, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CRAFT.

Indemnity

You agree to fully indemnify, defend, and hold Craft, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all liability, claims, demands, cases and costs, including reasonable attorneys’ fees incurred by such indemnified parties, in connection with or arising out of the use or misuse of the Service by you or by third parties whom you have permitted to use the Service ("Permitted Users"), your violation of these Terms, violation of any applicable law or regulation by you or a Permitted User, or a violation of the rights of any third parties by you or a Permitted User related to the use of the Service.

Jurisdictional Issues

Craft makes no representation that the Service operates (or is legally permitted to operate) in all geographic areas, or that the Service is appropriate or available for use in other locations. Using the Service from territories where the Service or any content or functionality of the Service or portion thereof is illegal is expressly prohibited. If you or a Permitted User chooses to use the Service, you agree and acknowledge that you and such Permitted User do so on each party’s own initiative and at each party’s own risk, and that you are solely responsible for compliance with all applicable laws.

Dispute Resolution

1 In the interest of resolving disputes between you and Craft in the most expedient and cost effective manner, you and Craft agree that any and all disputes arising in connection with these Terms or the use of the Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CRAFT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

2 Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

3 Any arbitration between you and Craft will be governed by the Consumer Arbitration Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1–800–778–7879, or by contacting Craft.

4 A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Craft’s address for Notice is: 4355 Cobb Pkwy. Suite J109 Atlanta, GA 30339. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Craft may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Craft shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Craft shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Craft in settlement of the dispute prior to the arbitrator’s award.

5 In the event that you commence arbitration in accordance with these Terms, Craft will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Fulton County, Georgia, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Craft for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

6 YOU AND CRAFT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Craft agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

7 In the event that Craft makes any future change to this arbitration provision (other than a change to the Craft’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Craft’s address for Notice, in which case your account with Craft shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

8 All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

9 If only Subsection 6 of this section or the entirety of this section is found to be unenforceable, then the entirety of this section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in the "Miscellaneous" section shall govern any action arising out of or related to these Terms.

No Agency

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.

Miscellaneous

These Terms, whether interpreted in a court of law or in arbitration, shall be governed by and interpreted according to the laws of the State of Georgia as they apply to agreements entered into and to be performed entirely within Georgia by Georgia residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Craft agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Northern District of Georgia for the purpose of litigating all such claims or disputes. These Terms (including the various additional terms incorporated herein by reference) constitute the entire agreement between you and Craft, and supersedes any and all prior agreements, negotiations, or other communications between you and Craft, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties. Except as set forth in Section 6 of "Dispute Resolution" above, in the event that any provision of these Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You agree to abide by all applicable laws in your use of the Service, including export control laws and similar regulations governing the transfer of software and other technology outside of the United States or other jurisdictions. You may not assign these Terms without the prior written consent of Craft, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. Craft may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding on the parties and their respective successors and permitted assigns, heirs, and estates. You acknowledge and understand that if Craft is unable to provide the Service as a result of a force majeure event Craft will not be in breach of these Terms. A force majeure event means any event beyond the control of Craft. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Craft’s waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of these Terms.

Contact

Please send any questions or comments, or report violations of this Agreement, to the Company through our contact page, accessible from our website at craftcamera.com, or at Craft Digital Systems, Inc., 4355 Cobb Pkwy. Suite J109 Atlanta, GA 30339.

Like I said before, I am also a lawyer, among other things. I went to sleep somewhere in between reading the starting clauses. hehehe.

I would wait for the product to hit the shelves. But, it does seem promising. I would wait for someone famous to take the plunge, and then see the results and take a call. 

Actually, their clauses are a parallel to public platform funding (IndieGogo, Kickstarter etc). America has a very curious system of civil suits. Corporations are fined in millions, and even in billions, in damages. Though, I feel, a lot of those corporations genuinely deserve it. Maybe that is why they have this agreement (from many clauses indicating therein). 

[Cinegain]

I kinda like it! Even if you'd be using the whole set-up, it's still pretty sweet. I like the modularity. Especially when you think about future upgrades... new sensor? Alright, just pop it right in front. You want to shoot a S16 project? Swap out the 4K S35 for the S16 module. The grip looks cool. It still will be a fraction of the costs of a traditional cinema camera, even when adding all the elements, which I do kinda agree with, you probably gonna add 'em all. Will they manage to pull it off? Within the time frame? Within the possibilities? With the global shutter? Not sure, but time's gonna tell. Atleast it's an interesting approach and gives the others something to think about...

[Oliver Daniel]

My prediction of a custom build camera was right then. 

Reminds me of the Apertus Axiom project. Other than that, seems really cool. 

I just hope it's going to be reliable. That sensor is everything....

[aldolega]

As far I'm concerned, until we see working cameras in people's hands, this is vaporware. Really sexy, perfect form factor, amazingly priced vaporware.

[TheRenaissanceMan]

Seems pretty cool, although you really don't need an audio module in a "cinema" setup. Cinema shoots use external sound-- even low-budget student projects like mine. That said, nice to have the option for doc/run and gun shooters.

[Phil A]

2 minutes ago, TheRenaissanceMan said:

Seems pretty cool, although you really don't need an audio module in a "cinema" setup. Cinema shoots use external sound-- even low-budget student projects like mine. That said, nice to have the option for doc/run and gun shooters.

But if you have no guide track at all with the camera recordings the synching up gets quite a bit more of a hassle. Therefore a regular 3.5mm jack for scratch audio would have been nice. Sure, it works anyway, just saying.

[Emanuel]

25 minutes ago, TheRenaissanceMan said:

Seems pretty cool, although you really don't need an audio module in a "cinema" setup. Cinema shoots use external sound-- even low-budget student projects like mine. That said, nice to have the option for doc/run and gun shooters.

Not every shooter needs "cinema" setups indeed... Aside the fact, low-budget may mean a different thing in the XXI century. That one is something the film world needs to adapt to.

 

Writes an old film student from XX century :-) 

[Nikkor]

13 minutes ago, aldolega said:

As far I'm concerned, until we see working cameras in people's hands, this is vaporware. Really sexy, perfect form factor, amazingly priced vaporware.

Beating Blackmagic at their own game.

[hijodeibn]

what about 4K video element + Blackmagic new 4K recorded…..Total = 1,399 + 895 = 2,294….and we have full 4K camera with excellent audio and very light…..could be a winner? 

[gsenroc]

1 minute ago, hijodeibn said:

what about 4K video element + Blackmagic new 4K recorded…..Total = 1,399 + 895 = 2,294….and we have full 4K camera with excellent audio and very light…..could be a winner? 

I'm thinking exactly the same. But some drawbacks in mind is that the slo-mo is not possible anymore with the VA.

[richg101]

Looks a bit like a 3D Design / product design university student major project to me.    Just looking at those renders makes me weep at how many of the mechanical aspects need to be fulfilled flawlessly.  It's all very well drawing something novel and pretty, but making them is another matter.  That sucker looks like they'd need a Sony R+D budget to pull it off at their expected price.  The reason the RED modularity works is that they price their gear to allow for the tremendous costs associated with making them work properly.  

I hope I'm wrong and they deliver because if they don;t I can see a handful of optimistic early adopters being very disappointed.

[Raafi Rivero]

BMD has been manufacturing products for years and the Ursa Mini still was a year late. Not optimistic on their delivery timeline, but I hope Craft Cine proves me wrong.

[Emanuel]

Who are they? Names behind please.

Georgia, US will likely mean not Chinese characters, I guess :-D

 

Their website is well made, though. Convincing, at least.

[tugela]

3 hours ago, Cinegain said:

I kinda like it! Even if you'd be using the whole set-up, it's still pretty sweet. I like the modularity. Especially when you think about future upgrades... new sensor? Alright, just pop it right in front. You want to shoot a S16 project? Swap out the 4K S35 for the S16 module. The grip looks cool. It still will be a fraction of the costs of a traditional cinema camera, even when adding all the elements, which I do kinda agree with, you probably gonna add 'em all. Will they manage to pull it off? Within the time frame? Within the possibilities? With the global shutter? Not sure, but time's gonna tell. Atleast it's an interesting approach and gives the others something to think about...

Except that the new modules won't be compatible with the old modules :). It is poor business practice when you provide your clients the opportunity to upgrade their old gear for $500 instead of requiring them to upgrade everything for $5000 :). Cash flow my friend, cash flow.

[aldolega]

1 hour ago, Nikkor said:

Beating Blackmagic at their own game.

Kinda, not really. Blackmagic delivers, eventually, but their design isn't nearly this sexy. The Ursa "Mini" is still quite a large camera by my standards, big enough to need the next class of support gear above lightweight/compact DSLR-oriented stuff, which is all that I'm usually willing to schlep around when I'm shooting.