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The User Agreement below is effective for all users on December 1, 2003. Please
read carefully. If you disagree with any of the terms of use below, do not
use this site. Use of this site, indicates acceptance of these terms and conditions.
User Agreement
Terms Of Use
TERMS AND CONDITIONS OF USE
Welcome to the INDEPENDENT FILM NETWORK, LLC website (individually and together,
the "Site"). PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY
BEFORE USING THIS SITE. This Site is owned and operated by Independent Film
Network, LLC (referred to as "IFN"). "You" are the person or entity using
the Site, or using Applications or described in the Site registration form.
By using this Site, or clicking on a button indicating your consent, you agree
to these Terms including but not limited to conducting this transaction electronically,
and to disclaimers of warranties, damage and remedy exclusions and limitations,
and a choice of New York law. If you do not agree to these Terms, you do not
have permission to use the Site.
Payment terms for products are provided in the ordering process and/or on
the Help page in connection with ordering that product.
IFN reserves the right, at its discretion, to change, modify, add, or remove
portions of these Terms at any time. Notification of changes to these Terms
will be posted on the Site or sent via e-mail. If any future changes to these
Terms are unacceptable to you, you must discontinue use of the Site.
Independent Film Network, LLC ("IFN") maintains this site (the "Site") for
your personal entertainment, information, education, and communication. Your
access to and use of the Site is subject to the following terms of use (the
"Terms") and all applicable laws. By accessing and browsing the Site, you
accept, without limitation or qualification, the Terms and acknowledge that
any other agreements between you and IFN regarding the subject matter hereof
are superseded and of no force or effect.
You may view the material displayed on the Site for non-commercial, personal
use only. You may not distribute, publicly display, modify, transmit, reuse,
re-post, or use for public or commercial purposes the content of the Site,
including the text, images, audio, and video without IFN's prior written permission.
You should assume that everything you see or read on the Site is copyrighted
(unless otherwise noted) and may not be used, except as provided in these
Terms or in the text on the Site, without the prior written permission of
IFN. IFN neither warrants nor represents that your use of materials displayed
on the Site will not infringe the rights of third parties not owned by or
affiliated with IFN.
IFN makes no warranties or representations as to the accuracy or completeness
of the information in the Site. IFN assumes no liability or responsibility
for any errors or omissions in the content of the Site. The information in
the Site may be out of date, and IFN makes no commitment to update such information.
Documents and other information available on the Site may be subject to further
disclaimers contained therein as to their accuracy and reliability. Your use
of and browsing in the Site are at your risk. Under no circumstances, including
but not limited to negligence, shall IFN or any other party involved in creating,
producing, or delivering the Site be liable for any damages whatsoever (including,
without limitation, any direct, incidental, consequential, indirect, or punitive
damages) arising out of your access to, use of, or inability to access or
use the Site, even if IFN or an IFN authorized representative has been advised
of the possibility of such damages. Without limiting the foregoing, everything
on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied
warranties, so some of the above exclusions may not apply to you. Check your
local laws for any restrictions or limitations regarding the exclusion of
implied warranties. IFN also assumes no responsibility, and shall not be liable
for, any damages to, or viruses that may infect, your computer equipment or
other property on account of your access to, use of, or browsing in the Site
or your downloading of any materials, data, text, images, video, or audio
from the Site. Your sole remedy for dissatisfaction with or damage sustained
from the Site is to stop using the Site.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries,
affiliates, officers, directors, agents, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law or the rights of a
third party.
Any communication or material you transmit to the Site by electronic mail
or otherwise, including any data, questions, comments, suggestions, or the
like is, and will be treated as, non-confidential and non-proprietary. Anything
you transmit or post may be used by IFN or its affiliates for any purpose,
including, but not limited to, reproduction, disclosure, transmission, publication,
broadcast and posting. Furthermore, IFN is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to the Site
for any purpose whatsoever including, but not limited to, developing, manufacturing
and marketing products using such information.
All transactions with or through the Site or IFN may, at IFN's option, be
conducted electronically. IFN may keep records of any type of communication
conducted via the Site. All electronic records are deemed sent when they are
properly addressed to the recipient and the record enters an information processing
system outside the control of the sender or the record enters a region of
an information processing system under the recipient's control. All electronic
records are received when the record enters an information processing system
that the recipient has designated or uses for the purpose of receiving electronic
records or information of the type sent, in a form capable of being processed
by that system, and from which the recipient is able to retrieve the electronic
record.
ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING
YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you
are solely liable for all actions taken via your password, whether or not
made with your knowledge or authority. You agree to guard your password carefully,
with the full awareness that a failure to keep it secure will enable others
to engage in transactions through the Site for which you will be legally responsible.
If you suspect that someone may have obtained access to your password who
is not intended to have authority to act on your behalf, please contact IFN
immediately to authorize IFN to deny access to the Site to anyone else presenting
your password.
Images of people or places displayed on the Site are either the property of,
or used with permission by, IFN. The use of these images by you, or anyone
else authorized by you, is prohibited unless specifically permitted by these
Terms or specific permission provided elsewhere on the Site. Any unauthorized
use of the images may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed
on the Site are registered and unregistered Trademarks of IFN and others.
Nothing contained on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark displayed
on the Site without the written permission of IFN or such third party that
may own the Trademarks displayed on the Site. Your misuse of the Trademarks
displayed on the Site, or any other content on the Site, except as provided
in these Terms, is strictly prohibited. You are also advised that IFN will
aggressively enforce its intellectual property rights to the fullest extent
of the law, including the seeking of criminal prosecution.
IFN has not reviewed all of the sites linked to the Site and is not responsible
for the content of any linked sites or any link contained in a linked site
or any changes or updates to such sites (collectively, "Linked Sites"). IFN
does not endorse or make any representations regarding any Linked Sites. Your
linking to any Linked Sites is at your own risk.
Although IFN may from time to time monitor or review discussions, chats, postings,
transmissions, bulletin boards, and the like on the Site, IFN is under no
obligation to do so and assumes no responsibility or liability arising from
the content of any such locations nor for any error, infringement, defamation,
libel, slander, omission, falsehood, obscenity, pornography, profanity, danger,
or inaccuracy contained in any information within such locations on the Site.
You are prohibited from posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or
profane material or any material that could constitute or encourage conduct
that would be considered a criminal offense, give rise to civil liability,
or otherwise violate any law. IFN retains all rights to modify, delete, change,
edit, or alter any text, visual, or audio posted to the Site, including, but
not limited to, photographs, other images, filmmaker pages for profiles, reviews,
film comments. IFN will fully cooperate with any law enforcement authorities
or court order requesting or directing IFN to disclose the identity of anyone
posting any such information or materials.
The Site is controlled and operated by IFN from its offices within the State
of New York, United States of America. IFN makes no representation that materials
in the Site are appropriate for use in other locations. Those who choose to
access the Site from other locations do so at their own risk and are responsible
for compliance with any and all local laws, if and to the extent local laws
are applicable. No software from the Site may be downloaded or otherwise exported
or re-exported into (or to a national or resident of) any countries that are
subject to U.S. export restrictions. By downloading or using software from
this Site, you represent and warrant that you are not located in, under the
control of, or a national or resident of any country that is subject to U.S.
export restrictions.
IFN may at any time revise these Terms without notice by updating this posting.
You are bound by any such revisions and should therefore periodically visit
this page to review the then current Terms to which you are bound. Your authorization
to use the Site automatically terminates without notice if in IFN's sole discretion
you fail to comply with any of these Terms. Upon termination, you must immediately
destroy any downloaded or printed materials.
Except as explicitly stated otherwise, any notices shall be given by postal
mail to Independent Film Network, LLC, Attn: Legal Department, PO Box 157,
Cliffside Park, New Jersey 07010 (in the case of IFN), or to the email address
you provide to IFN during the registration process (in your case). Notice
shall be deemed given 24 hours after email is sent, unless the sending party
is notified that the email address is invalid. Alternatively, we may give
you notice by certified mail, postage prepaid and return receipt requested,
to the address provided to IFN during the registration process. In such case,
notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement
or our services, excluding legal action taken by IFN to collect our fees and/or
recover damages for, or obtain an injunction relating to, the IFN site operations,
intellectual property, and our services, shall be entered into in the State
of New York and shall be governed by and construed in accordance with the
laws of the State of New York, without giving effect to any principles of
conflicts of law. You hereby consent and submit to the personal jurisdiction
of the state and federal courts located on New York County, New York, for
the purposes of litigating any action at law or in equity arising out of or
relating to these Terms and agree not to commence any such action against
IFN other than in such courts.
If any of the provisions of this agreement are held by a court or a tribunal
of competent jurisdiction to be unenforceable, such provisions shall be limited
or eliminated to the minimum extent necessary so that this agreement shall
otherwise remain in full force and effect. This agreement constitutes the
entire agreement between the parties hereto relating to the subject matter
herein.
© 2003 Independent Film Network, LLC. All Rights Reserved. Use of this site
constitutes your acceptance of these Terms of Use.
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