These Terms of Use were last modified on June 7, 2007 and are effective
immediately.
Go to our Privacy Policy
WELCOME TO IFILM! PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND IFILM REGARDING YOUR USE OF OUR IFILM NETWORK.
These are official terms and conditions ("Terms of Use") and form a legally binding agreement between you and IFILM Corporation ("IFILM", "we", "us", or "our") regarding your use of the IFILM Internet web site located at http://www.ifilm.com, as well as the associated web pages services, features and functions made available by IFILM (individually and collectively, the "IFILM Network"). The term "IFILM Network" also includes any and all IFILM branded, equivalent, mirror, replacement, substitute or backup IFILM websites and web pages and those containing authorized IFILM Content. IFILM is a wholly owned subsidiary of Viacom International Inc. (Viacom International Inc., together with other subsidiaries and affiliates of Viacom International Inc., including MTV Networks, a division of Viacom International Inc., are referred to as "Affiliates").
The IFILM Network is offered and made available only to users 13 years of age or older and if you are not yet 13 years old, or your use of our IFILM Network is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the IFILM Network immediately because by using or attempting to use the IFILM Network, you certify that you are at least 13 years of age and meet all other eligibility requirements for your use of the IFILM Network.
By using the IFILM Network, you understand, acknowledge and agree that you will abide by the terms and conditions of our Agreement with you. When we use the term "Agreement" we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of Communities, Posting and Content (all as defined below), any features, functions and services we make available to you from time to time through our IFILM Network (e.g., our IFILM Video Submission Agreement which governs your use of our Video Submission Service), any official rules which apply to your participation in promotions, contests, sweepstakes, award programs, memberships, e-mail and/or newsletters ("Rules") and any additional terms and conditions referred to in any of the foregoing documents. These Terms of Use and our use of the term "Agreement" also includes our Privacy Statement. All of these are hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you are a user of the IFILM Network, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.
The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the IFILM Network, transmit, receive or exchange data or communicate with the IFILM Network, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the IFILM Network, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.
1. REGISTRATION
There are portions of our IFILM Network that we make available to users
in the general public without registering and you may visit and browse
those portions without charge or obligation;
provided, however, we reserve the right to make changes, limit
or restrict those portions at any time and from time to time in our
discretion, without notice to you.
In order to access and use certain services, features or functions of the IFILM Network, such as our Communities, our Video Submission Service, and in general any interactive feature of the IFILM Network, we require users to register. As part of the registration process, you will need to select and provide us with a unique user name and choose a password (or we may assign an initial password which we will give you the option to change) which must form a unique combination (a "User ID"), and we also request that you provide your e-mail address, and may request that you provide other information as we may require. We may also, from time to time and at any time, provide users with additional codes or passwords necessary to access and use certain services, features or functions of the IFILM Network. Please read our Privacy Statement, which describes the non-public, personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. Your User ID is personal to you and you may not allow any others to use your User ID under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, disclosure or your authorization of anyone else to use your User ID. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or any other need to deactivate your User ID due to security concerns.
2. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason
in our sole discretion, to change the terms of this Agreement. We will
post or display notices of material changes on the IFILM Network and we
may also e-mail you about these changes. Once we post them on the IFILM
Network, these changes become effective immediately and if you use the
IFILM Network after they become effective it will signify your
agreement to be bound by the changes. You should check back frequently
and review the terms and conditions of this Agreement regularly so you
are aware of the most current rights and obligations that apply to you
and the terms and conditions of your agreement with us. As you can
appreciate, we must also reserve the right to change, modify, withdraw,
suspend or even permanently discontinue all or any portions of the
IFILM Network at any time, without any liability or obligation to you,
with or without notice.
3. PRIVACY
We respect your privacy and the use and protection of your Personal
Information. Please see our Privacy Statement for important information
and disclosures relating to the collection and use of your Personal
Information in connection with your use of the IFILM Network. If you
have any questions regarding IFILM's privacy practices, you may send
your question to us by e-mail to feedback@ifilm.com or by U.S. mail to
IFILM Corp., Attn: Privacy Administrator, 2600 Colorado Avenue, 3rd Floor
Santa Monica, California 90404.
4. OWNERSHIP AND PROPRIETARY RIGHTS
The IFILM Network, including all content, media and materials, all
IFILM software, code, design, text, images, photographs, illustrations,
audio and video material, media files, artwork, graphic material,
articles, databases, proprietary information, writings, spoken
statements, music, video recordings, audio-visual works and recordings,
slides, portraits, animated and/or motion pictures, caricatures,
likenesses, vocal or other sounds, sound recordings, voices, voice
reproductions, computer graphics and visual effects, as well as any
accompanying documentation, packaging or other materials, tangible or
intangible, and all copyrightable or otherwise legally protectible
elements of the IFILM Network, including, without limitation, the
selection, sequence and 'look and feel' and arrangement of items, and
all derivative works, translations, adaptations or variations of same,
regardless of the medium, broadcast medium, format or form, now known
or hereinafter developed or discovered, and regardless of where
produced, on location, in a studio or elsewhere, in black-and-white or
in colors, alone or in conjunction with other work, characters, real or
imaginary, in any part of the world, are the property of IFILM and/or
its Affiliates, and their Advertisers, licensors, suppliers, service
providers, promotional partners and/or sponsors (all of the foregoing,
individually and/or collectively, is referred to herein as "Content").
Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "IFILM Network" includes "Content" as well.
IFILM authorizes you to access Content and grants you the right to use IFILM Network solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the IFILM Network, including notices on any Content you download, transmit, display, print or reproduce from the IFILM Network. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise use, any Content without the express prior written consent of IFILM. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. Content submitted by users registered to use our Video Submission Service is subject to our IFILM Video Submission Agreement that applies specifically to that service.
You may not use any computerized or automatic mechanism, including without limitation, any web scraper, spider or robot, to access, extract or download any Content from the IFILM Network, unless you are expressly authorized to do so by IFILM. As an express condition of your use of the IFILM Network, you warrant to IFILM that you will not use the IFILM Network for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. IFILM makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access the IFILM Network.
We require users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other users. On notice, we will act expeditiously to remove content on the IFILM Network that infringes the copyright rights of others and will disable the access to the IFILM Network and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others. We take protection of copyrights, both our own and others, very seriously.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications ("marks") on or of the IFILM Network, including, without limitation, "IFILM" and "Instant IFILM", are the intellectual property of and proprietary to IFILM, its Affiliates, its or their Advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of IFILM.
5. WEB COMMUNITIES, FORUMS AND POSTINGS
The IFILM Network contains forum services, web communities, and other
message and communication facilities ("Communities") that may provide
you and other users an opportunity to submit, upload, post, display,
transmit and/or exchange information, ideas, opinions, information,
files, messages, transmissions and Content with other users and/or with
us and these are referred to in this Agreement as a "Post" or
"Posting."
IFILM reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that IFILM deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, IFILM shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community.
You use the Communities solely at your own risk and IFILM neither endorses nor controls user Postings available, delivered or displayed in the Communities and IFILM assumes no duty to monitor or endorse Postings within the Communities, nor does IFILM represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement and you should never rely upon any Posting as being true, accurate or reliable.
You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not us or our IFILM Network, are entirely responsible for the consequences of all your Postings on the Communities or otherwise on the IFILM Network. Postings do not reflect the views of IFILM or any Affiliates. In no event shall IFILM or any Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the IFILM Network; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on IFILM and/or the Communities.
If a Posting originates from you or your User ID, you hereby agree
that:
(a) you are placing the Posting in the public domain without
reservation of any rights or further control over the Posting or its
use and you specifically authorize the IFILM Network and Affiliates to
use such Posting in whole or in part, throughout the universe, and you
are automatically granting IFILM and Affiliates a royalty-free,
perpetual, irrevocable, unrestricted, unconditional, non-exclusive
license to use, reproduce, modify, publish, edit, adapt, create
derivative works from, translate, distribute, perform, display and
otherwise exploit such Posting and all elements thereof alone or as
part of other works in any form, media, or technology, whether now
known or hereafter developed or discovered, and to license and
sub-license such rights through multiple tiers of sub-licenses, all
without any notification or obligation to you, of compensation,
attribution or otherwise;
(b) you represent and warrant that (i) the Posting is original to you
or fully cleared for use as contemplated herein, (ii) the Posting does
and will not, in any way, violate or breach any of the terms of this
Agreement, (iii) the Posting does not contain libelous, tortious, or
otherwise unlawful information, infringe or violate any copyright or
other right, or contain any matter the publication or sale of which
will violate any law, regulation or other governmental requirement or
restriction, (iv) the Posting is not obscene or in any other manner
unlawful, (v) the Posting shall not be damaging or injurious to IFILM,
any Affiliates or any user, and (vi) we shall not be required to pay or
incur any sums to any person or entity as a result of our use or
exploitation of the Posting;
(c) if your Posting incorporates the name, logo, brand, service or
trademark, voice, likeness or image of any person, firm or enterprise,
you specifically represent and warrant that you have the right to place
such Posting in the public domain and grant IFILM and Affiliates the
right to use such Posting as described above; and
(d) we have the right to delete, re-format and/or change your Posting
in any manner that we may determine (although you will not be
responsible for any such changes made).
The amount of storage space on the IFILM Network per user is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please Feedback to send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
6. Rules of Conduct
Your use of the Site is subject to all applicable local, state,
national laws and regulations and, in some cases, international
treaties. You are solely responsible for all activities, acts and
omissions that occur in, from, through or under your user name or
password. You shall not use, allow, or enable others to use the Site,
or knowingly condone use of this Site by others, in any manner that is,
attempts to, or is likely to:
You agree to indemnify, defend and hold IFILM, its Affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, Advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or resulting from your Postings or any Content you provide, submit or make available on or through the IFILM Network or your unauthorized use of any Content.
IFILM reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with IFILM in the defense of any such claim, action, settlement or compromise negotiations, as requested by IFILM.
7. Advertising
From time to time, you may communicate with, receive communications
from, be re-directed to, interact with, or participate in or use the
services or obtain goods and services of or from, third parties
(collectively, the "Advertisers") such as our advertisers, sponsors, or
promotional partners as a result of your use of the Site. All such
communication, interaction and participation is strictly and solely
between you and such Advertisers and we shall not be responsible or
liable to you in any way in connection with these activities or
transactions (including, without limitation, any representations,
warranties, covenants, contracts or other terms or conditions that may
exist between you and the Advertiser or any goods or services you may
purchase or obtain from any Advertiser).
8. Shopping
If e-commerce is offered on the Site, all e-commerce is brought to you
by IFILM, an operational service provider and Affiliate under this
Agreement. All goods and services offered for sale on the Site
("Products") are guaranteed by the manufacturer, licensor or
distributor against defects in material and workmanship for 30 days
from the date of the invoice. Within that time period, just contact
Customer Service and we will coordinate attempting to correct, repair
or replace the defective Product or, if applicable, in obtaining a
refund for you. We have no responsibility or liability whatsoever for
goods or services you may obtain from or through other websites or web
pages, even if you were directed or linked to such a site or page
through the Site, nor are we responsible for assisting you in
correcting any problem you may experience with Products if you do not
notify us within the 30 day period noted above or for any goods or
services not obtained directly on the Site. You agree that your sole
and exclusive remedy and our sole, exclusive and maximum liability
arising from or relating in any way to any Product shall be the amount
you actually paid us (or our suppliers, operational service providers,
or other e-commerce partners) for it. EXCEPT AS SPECIFICALLY SET FORTH
IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING
FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS
SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT
TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Products may be purchased while supplies last. If a Product is listed
at an incorrect price or with incorrect information, we reserve the
right to refuse or cancel orders placed for that Product, whether or
not the order has been confirmed and even if your account has been
charged (in which event we will issue a credit to your account in the
amount of the charge).
Our creation or transmission of an order confirmation does not signify
acceptance of your order, nor constitute a binding confirmation of an
offer to sell any Product and we reserve the right to accept or decline
your order for any reason up until the time the Product is actually
delivered to you. We reserve the right at any time, without prior
notice, to limit or reduce the quantity you ordered of any Product and
we will notify you if we do so. All orders placed over $500.00 (U.S.)
must obtain pre-approval with an acceptable method of payment, as
established by our credit and authorization policies and practices in
effect at the time of your order. We may contact you and require
additional information from you before we grant such pre-approval.
Products on the Site are offered for sale only to end user customers or
as personal gifts to end user customers and not for resale. We do not
knowingly accept orders from dealers, exporters, wholesalers,
distributors, resellers or other similar persons or companies, and
reserve the right to refuse, cancel or seek the return of any Products
that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of
Products and applicable taxes will be added to the amount charged for
Products purchased on the Site. If an order consists of multiple items,
they may be shipped separately depending on availability.
9. Wireless Marketing Services and Promotional Opportunities
This Agreement, including IFILM, may provide users and viewers with the
opportunity to register for special promotions, services, news,
programming and information delivered via text messaging and other
wireless devices such as mobile phones. Users are required to provide
their consent to receive such information from IFILM, either by
registering on this Site or via their wireless device. Such services
and promotional opportunities are provided by the Parent Companies or
Affiliates for IFILM. The information requested as part of the online
registration process is a user's telephone number or a wireless email
address, but only if specifically requested, and the carrier's name.
Optional information may be requested for specific promotions, such as
a user's preferences regarding goods or services, choices of music or
artists, or other similar survey information. Depending on the
promotion, we may also collect an Internet email address or other
information and, depending on the information collected, the user may
also be required to confirm his or her agreement to this Agreement and,
including without limitation, the Privacy Policy [insert link].
Users that register for IFILM's wireless marketing services
acknowledge, understand and agree that they will be charged by the
user's wireless carrier for all messages sent to the user from IFILM.
Standard messaging rates will apply, unless noted otherwise. Under no
circumstances will IFILM, the Parent Companies or any Affiliates be
responsible for any wireless email or text messaging charges incurred
by a user or by a person that has access to a user's wireless device,
telephone number, or email address.
A user understands, acknowledges and agrees that IFILM may, at its sole
discretion and without liability to any user, terminate its offer of
any specific wireless marketing service or all wireless marketing
services at any time without advance notice. IFILM may provide notice
of terminations or changes in services on this Site.
10. Viral Features
There may be portions of our Site, content, functionality or features
(e.g, digital streaming media player(s)) ("Viral Features") that we
make available to users for your personal use. While we can obviously
change how, to whom and to what extent we make these Viral Features
available at any time without any notice and in our sole discretion, so
long as they are available to you, whenever you visit our Site or take
advantage of any of these Viral Features (whether you use these Viral
Features on your own personal or customized web pages, whether they are
displayed or appear embedded or housed within a web page or website of
anyone else, whether a commercial website or web page, an
advertisement, promotional message or even a personalized or customized
web page of a friend or through any device that can access any of these
Viral Features) you are bound by the applicable provisions of this
Agreement and our Privacy Policy.
11. Postings
Your comments, suggestions and information are important to us.
Portions of this Site may provide you and other users an opportunity to
participate in forum services, blogs, web communities and other message
and communication facilities ("Communities";) and may provide you with
the opportunity, through such Communities or otherwise, to submit,
post, display, transmit and/or exchange (a) information, ideas,
opinions, messages or other information ("Post" or "Postings") and (b)
User Content (as defined in the User Content Submission Agreement ,your
submission of which is also governed by the terms and conditions
therein, and considered a Posting for purposes of this Agreement. You
understand, acknowledge and agree that such Postings are the sole
responsibility of the person from which such Postings originated. This
means that you are solely and entirely responsible for the consequences
of all Postings that you upload, post, email, transmit or otherwise
make available via the Site. Postings do not reflect the views of the
Site, IFILM, the Parent Companies or the Affiliates. We reserve the
right to monitor, edit or screen any Postings. If we determine, in our
sole discretion and judgment, that any Posting does or may violate any
of the terms of this Agreement, we reserve the right, at any time and
without limiting any and all other rights we may have under this
Agreement, at law or in equity, to: (a) refuse to allow you to Post;
(b) remove and delete Postings; (c) revoke your right to use the Site;
and/or (d) use any technological, legal, operational or other means
available to us to enforce the provisions of this Agreement, including,
without limitation, blocking specific IP addresses or deactivating your
registration on the Site.
If a Posting originates from you or your account, you hereby agree
that: (a) you specifically authorize the Site, IFILM the Parent
Companies and their Affiliates to use such Posting in whole or in part,
throughout the universe, in perpetuity in or on any and all media, now
known or hereafter devised, and alone or together or as part of other
information, content and/or material of any kind or nature; (b) you
represent and warrant that (i) the Posting is original to you and/or
fully cleared for use as contemplated herein, (ii) the Posting does and
will not, in any way, violate or breach any of the terms of this
Agreement, (iii) the Posting does not contain libelous, tortious, or
otherwise unlawful information, infringe or violate any copyright or
other right, or contain any matter the publication or sale of which
will violate any federal or state statute or regulation, (iv) the
Posting is not obscene or in any other manner unlawful, (v) the Posting
shall not be injurious to the health of any user, and (vi) we shall not
be required to pay or incur any sums to any person or entity as a
result of our use or exploitation of the Posting; and (c) if your
Posting incorporates the name, logo, brand, service or trademark,
voice, likeness or image of any person, firm or enterprise, you
specifically represent and warrant that (i) you have the right to grant
the Site, IFILM, the Parent Companies and their Affiliates the right to
use all such Postings as described above, (ii) the Posting was produced
in compliance with all applicable laws and regulations and (iii) for
any User Content Posting that contains original videos, you will comply
with any applicable identification verification and record-keeping
requirements, and you will secure and maintain the requisite personal
information and identification documentation for all individuals who
appear in any such original videos, as may be required by law and/or
otherwise requested or required by us in connection with our corporate
compliance policies and practices, which includes (y) the individual's
full legal name, current address, date of birth and (z) a legible
photocopy of a valid government-issued identification document (e.g., a
U.S. passport, state driver's license or valid photo ID card) to verify
the individual's identity. With the submission of each such Posting,
you must deliver a full and complete set of such identification
verification records to us, as well as a legible photocopy of your
valid driver's license, passport or other acceptable government-issued
photo identification for our verification and record-keeping purposes.
In addition, you specifically acknowledge and agree to abide by our
policies regarding governmental certification procedures relating to
the foregoing identification verification and record-keeping procedures
and, if applicable, you will promptly comply with any specific requests
or directions we give you in connection with Postings you submit that
may be subject to these requirements.
You understand, acknowledge and agree that we have the right to delete,
re-format and/or change your Postings in any manner that we may
determine (although you will not be responsible for any such changes
made). The amount of storage space on the Site per user is limited.
Some Postings may not be processed due to space constraints or outbound
message limitations. You understand, acknowledge and agree that we
assume no responsibility for deletion of Postings or any failure to
store, receive or deliver Postings in a timely manner or any other
matter relating to Postings. Posting is for noncommercial purposes only
and you may not Post in any manner which does or is intended to promote
or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without
limitation, Postings) violates any of the terms of this Agreement
(except for any notices covered by the Copyright Compliance Policy
please
click to send us a message about
it (please refer to our Copyright Compliance Policy for any notices
covered by the Copyright Compliance Policy). We cannot guarantee that
we will respond to your message and we reserve the right to take or
refrain from taking any or all steps available to us once we receive
any such message.
12. Contests, Sweepstakes, Auctions and Promotions
From time to time, IFILM, the Parent Companies, the Affiliates or the
Site's operational service providers, suppliers, and Advertisers, may
conduct promotions on or through the Site, including, without
limitation, auctions, contests and sweepstakes ("Promotions"). Each
Promotion may have Additional Terms and/or Rules which will be posted
or otherwise made available to you and, for purposes of each Promotion,
will be deemed incorporated into and form a part of this Agreement.
13. Podcasting
The Site may provide podcasts ("Podcasts") consisting of selected audio
content from the Site that is provided over the Internet using an XML
feed and an associated audio file so that the audio file may be
downloaded and played from a user's computer or transferred to a
portable listening device. Certain software and hardware is required
for users to download and play Podcasts.
Podcasts are protected by United States Federal and State laws, and
applicable foreign laws, regulations and treaties, and all rights in
and to the Podcasts are reserved IFILM or the content provider.
Podcasts are available for personal, noncommercial use only and you may
download, copy and/or transfer to a portable listening device or a
computer the Podcasts for your personal, non-commercial use only. You
shall not, nor will you allow any third party to reproduce, modify,
create derivative works of, display, perform, publish, distribute,
disseminate, broadcast or circulate to any third party, or otherwise
use any Podcasts except as expressly authorized in this Section 13.
By your access to and use of Podcasts, you understand, acknowledge and
agree that the Site, IFILM, the Parent Companies and their Affiliates
do not warrant that its podcasting service will operate on all user
equipment. Please see the "Disclaimer and Limitations of Liability"
section below for further details.
14. Hyperlinks to Third Party Sites
The appearance, availability, or your use of URLs or hyperlinks
referenced or included anywhere on the Site or any other form of link
or re-direction of your connection to, with or through the Site, does
not constitute an endorsement by, nor does it incur any obligation,
responsibility or liability on the part of the Site, IFILM, the Parent
Companies or any of their Affiliates, any of their successors and
assigns, and any of their respective officers, directors, employees,
agents, representatives, licensors, Advertisers, suppliers, and
operational service providers. We do not verify, endorse, or have any
responsibility for, any such third party sites, their business
practices (including their privacy policies), or any goods or services
associated with or obtained in connection with any such site, whether
the Site's, IFILM's, the Parent Companies' or any of their Affiliates'
logo or sponsorship identification is on the third party site as part
of a co-branding or promotional arrangement. If any third party site
obtains or collects Personal Information from you, in no event shall we
assume or have any responsibility or liability. Please read our Privacy
Policy, which describes how IFILM collects and uses your Personal
Information and co-branding relationships.
15. Deactivation/Termination of Your Registration or Use
If you are registered to use the Site, you may deactivate your account
on the Site, at any time and for any reason. We may terminate your use
of and registration on the Site, at any time and for any reason, with
or without cause, without prior notice to you and without any liability
or further obligation of any kind whatsoever to you or any other party.
16. Disclaimer and Limitations of Liability
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE
THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES,
FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
Without limiting the foregoing, we are not responsible or liable for
any malicious code, delays, inaccuracies, errors, or omissions arising
out of your use of the Site. You understand, acknowledge and agree that
you are assuming the entire risk as to the quality, accuracy,
performance, timeliness, adequacy, completeness, correctness,
authenticity, security and validity of any and all features and
functions of the Site, including, without limitation, Postings and
Materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY
LAW, THIS SITE, IFILM, THE PARENT COMPANIES, ANY OF THEIR AFFILIATES,
OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS,
OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN
CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT,
INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is
provided in this Agreement may or does fail of its essential purpose,
you specifically acknowledge and agree that your sole and exclusive
remedy for any loss or damage shall be to have the Parent Companies,
upon written notice from you to us, attempt to repair, correct or
replace any deficient goods or services under this Agreement and, if
repair, correction or replacement is not reasonably commercially
practicable for the Parent Companies, to refund any monies actually
paid by you for the Products involved and to terminate and discontinue
your use of the Site. You further understand and acknowledge the
capacity of the Site, in the aggregate and for each user, is limited.
Consequently some messages and transmissions may not be processed in a
timely fashion or at all, and some features or functions may be
restricted or delayed or become completely inoperable. As a result, you
acknowledge and agree that the Parent Companies assume no liability,
responsibility or obligation to transmit, process, store, receive or
deliver transactions or Postings or for any failure or delay associated
with any Postings and you are hereby expressly advised not to rely upon
the timeliness or performance of the Site for any transactions or
Postings. Some jurisdictions do not allow for the exclusion of certain
warranties or certain limitations on damages and remedies, accordingly
some of the exclusions and limitations described in this Agreement may
not apply to you.
17. Indemnification
You agree to indemnify, defend and hold the Site, IFILM, the Parent
Companies, and any of their Affiliates, or any of their successors and
assigns, and any of their respective officers, directors, employees,
agents, representatives, licensors, Advertisers, suppliers, and
operational service providers harmless from and against any and all
claims, actions, losses, expenses, damages and costs (including
reasonable attorneys' fees), resulting from any breach or violation of
this Agreement by you, or public posting of your Postings.
The Parent Companies reserves the right to assume, at its sole expense,
the exclusive defense and control of any such claim or action and all
negotiations for settlement or compromise, and you agree to fully
cooperate with the Parent Companies in the defense of any such claim,
action, settlement or compromise negotiations, as requested by the
Parent Companies.
18. Miscellaneous Terms
Without limitation, our Privacy Statement, any Rules and any additional
terms and conditions that apply to your use of any specific services,
features and functions or the purchase of any Products, as well as any
other documents, policies and provisions we refer to in any of the
foregoing, all of which are hereby incorporated by this reference,
contains the entire understanding and agreement between you and IFILM
and supersedes any and all prior, inconsistent or other understandings
relating to the IFILM Network and your use of the IFILM Network. This
Agreement cannot be modified, changed or terminated, except as
specifically described in.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the IFILM Network, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
This Agreement and your use of the IFILM Network shall be governed by, construed and enforced in accordance with the substantive laws of the State of California applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of California and County of Los Angeles and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that IFILM has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE IFILM NETWORK OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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