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TERMS
OF USE AGREEMENT
Updated on 05-08-2007.
Read This Terms
of Use Agreement Before Accessing The Filmlot.
This
Terms of Use Agreement sets forth the standards of
use of the The Filmlot.com Online Service. By using
the The Filmlot.com website you (the “Member”)
agree to these terms and conditions. If you do
not agree to the terms and conditions of this agreement,
you should immediately cease all usage of this
website. We reserve the right, at any time, to
modify, alter, or update the terms and conditions
of this agreement without prior notice. Modifications
shall become effective immediately upon being posted
at The Filmlot.com website. Your continued use
of the Service after amendments are posted constitutes
an acknowledgement and acceptance of the Agreement
and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
1. Description of Service
The
Filmlot.com is providing Member with News, Articles,
Forums and Resources for New and Independent Filmmakers.
Member must provide (1) all equipment necessary for
their own Internet connection, including computer
and modem and (2) provide for Member’s
access to the Internet, and (3) pay any fees relate
with such connection.
2. Disclaimer of Warranties
The
site is provided by The Filmlot.com on an “as
is” and on an “as available” basis.
To the fullest extent permitted by applicable law,
The Filmlot.com makes no representations or warranties
of any kind, express or implied, regarding the
use or the results of this web site in terms of
its correctness, accuracy, reliability, or otherwise.
The Filmlot.com shall have no liability for any
interruptions in the use of this Website. The Filmlot.com
disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability
and fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of
implied warranties, therefore the above-referenced
exclusion is inapplicable. 3. Limitation of Liability
THE FILMLOT SHALL NOT
be liable for any damages whatsoever, and in
particular THE FILMLOT shall not be liable for
any special, indirect, consequential, or incidental
damages, or damages for lost profits, loss of
revenue, or loss of use, arising out of or related
to this web site or the information contained
in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at
law, or otherwise, even if THE FILMLOT has been
advised of the possibility of such damages. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS
IS INAPPLICABLE.
4. Indemnification
Member agrees to
indemnify and hold The Filmlot.com, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim
or demand, including reasonable attorneys’ fees and
costs, made by any third party due to or arising
out of Member’s use of the Service, the violation
of this Agreement, or infringement by Member, or
other user of the Service using Member’s
computer, of any intellectual property or any other
right of any person or entity. 5. Modifications and Interruption
to Service
The Filmlot.com reserves the right to modify or
discontinue the Service with or without notice
to the Member. The Filmlot.com shall not be liable
to Member or any third party should The Filmlot.com
exercise its right to modify or discontinue the
Service. Member acknowledges and accepts that The
Filmlot.com does not guarantee continuous, uninterrupted
or secure access to our website and operation of
our website may be interfered with or adversely
affected by numerous factors or circumstances outside
of our control. 6. Third-Party Sites
Our
website may include links to other sites on the
Internet that are owned and operated by online
merchants and other third parties. You acknowledge
that we are not responsible for the availability
of, or the content located on or through, any third-party
site. You should contact the site administrator
or webmaster for those third-party sites if you
have any concerns regarding such links or the content
located on such sites. Your use of those third-party
sites is subject to the terms of use and privacy
policies of each site, and we are not responsible
therein. We encourage all Members to review said
privacy policies of third-parties’ sites. 7. Disclaimer Regarding Accuracy of
Vendor Information
Product specifications and other information have
either been provided by the Vendors or collected
from publicly available sources. While The Filmlot.com
makes every effort to ensure that the information
on this website is accurate, we can make no representations
or warranties as to the accuracy or reliability
of any information provided on this website. The Filmlot.com makes no warranties or representations
whatsoever with regard to any product provided
or offered by any Vendor, and you acknowledge that
any reliance on representations and warranties
provided by any Vendor shall be at your own risk. 8. Governing Jurisdiction of the Courts
- Colorado
Our website is operated and provided in the State
of Colorado. As such, we are subject to the laws
of the State of Colorado, and such laws will govern
this Terms of Use, without giving effect to any
choice of law rules. We make no representation
that our website or other services are appropriate,
legal or available for use in other locations.
Accordingly, if you choose to access our site you
agree to do so subject to the internal laws of
the State of Colorado. 9. Compliance with Laws
Member assumes all knowledge of applicable law
and is responsible for compliance with any such
laws. Member may not use the Service in any way
that violates applicable state, federal, or international
laws, regulations or other government requirements.
Member further agrees not to transmit any material
that encourages conduct that could constitute a
criminal offense, give rise to civil liability
or otherwise violate any applicable local, state,
national, or international law or regulation. 10. Copyright and Trademark Information
All
content included or available on this site, including
site design, content, graphics, interfaces, and
the selection and arrangements thereof is ©2006
The Filmlot, LLC, will all rights reserved, or
is the property of The Filmlot, LLC and/or third
parties protected by intellectual property rights.
Any use of materials on the website, including
reproduction for purposes other than those noted
above, modification, distribution, or replication,
any form of data extraction or data mining, or
other commercial exploitation of any kind, without
prior written permission of an authorized officer
of The Filmlot, LLC is strictly prohibited. Members
agree that they will not use any robot, spider,
or other automatic device, or manual process
to monitor or copy our web pages or the content
contained therein without prior written permission
of an authorized officer of The Filmlot, LLC.
The Filmlot™ and The
Filmlot.com™ are
proprietary marks of The Filmlot, LLC. The Filmlot’s
trademarks may not be used in connection with any
product or service that is not provided by The
Filmlot, in any manner that is likely to cause
confusion among customers, or in any manner that
disparages or discredits The Filmlot.
All other trademarks displayed on The Filmlot’s
website are the trademarks of their respective
owners, and constitute neither an endorsement nor
a recommendation of those Vendors. In addition,
such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or
indirectly, that those Vendors endorse or have
any affiliation with The Filmlot. 11. Notification of Claimed Copyright
Infringement
Pursuant to Section 512(c) of the
Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, The Filmlot,
LLC designates the following individual as its
agent for receipt of notifications of claimed copyright
infringement.
By Mail:
Mike Cerda
Founder
The Filmlot, LLC
820 S. Monaco Pkwy #278
Denver, CO 80012
12. Other Terms
If any provision of this Terms
of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall
remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement
and any other agreements referenced herein may
be assigned by The Filmlot LLC, in our sole discretion,
to a third party in the event of a merger or acquisition.
This Terms of Use Agreement shall apply in addition
to, and shall not be superseded by, any other written
agreement between us in relation to your participation
as a Member. Member agrees that by accepting this
Terms of Use Agreement, Member is consenting to
the use and disclosure of their personally identifiable
information and other practices described in our
Privacy Statement.
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