TERMS OF USE

FilmMakers.com is the Publisher of Web Site (WWW.FILMMAKERS.COM)

FilmMakers.com has taken all reasonable measures and precautions to ensure the accuracy of the hyperlinks and content within its Web Site. All content found within FilmMakers.com web site is strictly for entertainment and information purposes only and is not to be construed as an endorsement of any service and/or product found therein. 

 

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This Web Site and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video clips, audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively the "Material") are owned by FilmMakers.com), Media Pro Tech Inc. or third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.  Nothing contained in these Terms or on the Web Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Material in any manner without the prior written consent of the party that may own the Material or intellectual property displayed on the Web Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS PROHIBITED. As a user of this Web Site, you agree that if you use information and/or data on the FilmMakers.com web site it will only be for lawful purposes and not to violate FilmMakers.com's rights or the rights of others.  In addition, you agree that under no circumstances will you use this data to allow, enable, or otherwise support transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam), FilmMakers.com reserves the right to modify or change this policy at any time without notice or liability.  FilmMakers.com may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.

You shall not post, send, upload, transmit, distribute or otherwise publish, through Bulletin Boards, Chat Rooms, or other forums conducted on this Web Site ("Forums"), or otherwise, any content that:

  • Libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, or threatening; 

  • Infringes any intellectual property right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks or their right of publicity; 

  • Violates or infringes upon the rights of FilmMakers.com, Media Pro Tech Inc., its users or the public, including material which is an invasion of privacy or publicity rights; 

  • Advocates illegal activity or activity that would give rise to civil liability; 

  • Solicits gambling or engages in any gambling activity; 

  • Interferes with anyone else's use of this Web Site; 

  • Violates any law; 

  • Contains a virus or other harmful component; or 

  • Advertises, engages in any commercial endeavor, or otherwise solicits funds or is a solicitation for goods or services. (Collectively "Non-Approved Material"). 

COPYRIGHTS

FilmMakers.com respects the intellectual property of others and we ask all our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide FilmMakers.com via email (info @ FilmMakers.com) or in writing to the address mentioned on the contact us page of the website, with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the Web Site; 

  • Your address, telephone number and email address; 

  • 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; 

  • A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.

DISCLAIMERS AND LIMITATIONS ON LIABILITY

THIS WEB SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FORM A COURSE OF DEALING OR USAGE OF TRADE. FILMMAKERS.COM, AS WELL AS ANY OF THEIR PARENT, SUBSIDIARIES AND AFFILIATED COMPANIES AND THEIR AGENTS AND ASSIGNEES, AS APPLICABLE (COLLECTIVELY, THE "AFFILIATES"), ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS, CONTAMINATION OF OR HARMFUL EFFECTS TO YOUR SYSTEM OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE MATERIAL. THE ENTIRE RISK AS TO QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, RELIABILITY AND VALIDITY OF ANY MATERIAL RESTS WITH YOU.  FILMMAKERS.COM AND THE AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE THE MATERIAL, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY FILMMAKERS.COM OR THE AFFILIATES OR ANYONE ELSE, OR EVEN WHEN FILMMAKERS.COM, THE AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL FILMMAKERS.COM'S OR THE AFFILIATES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED $25. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

FILMMAKERS.COM AND THE AFFILIATES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, CONTENT, PRODUCTS, SERVICES OR AVAILABILITY OF INFORMATION FOUND ON THIS SITE AND ON OTHER WEB SITES THAT LINK TO OR FROM THIS SITE FROM THIRD PARTIES NOT ASSOCIATED WITH FILMMAKERS.COM.  FILMMAKERS.COM AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, INFORMATION THAT YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY WEB SITE.

BY ACCESSING THIS WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."


In addition, Internet transmissions are never completely secure or private. You understand that any message or material you send to this Web Site may be read or intercepted by others. FilmMakers.com and the Affiliates are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing the Web Site or FilmMakers.com any personal or confidential information. FilmMakers.com and the Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Web Site. This Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

Additionally, the Web Site contains Material that is for entertainment purposes only and is not a depiction of fact, and shall not be considered factual by you. Other than for entertainment purposes, you acknowledge and agree not to rely on such Material. The Web Site may also contain facts, opinions, views, statements and recommendations of third party individuals or organizations. The Web Site does not represent or endorse the accuracy, currency or reliability of any facts, opinions, views, statements and/or recommendation or other information displayed, uploaded or distributed through the Web Site. 

FilmMakers.com cannot ensure that you will be satisfied with any products, merchandise or services that may be advertised on the Web Site or that you may purchase from the Web Site or a third-party Web site that may be on, or linked to or from, the Web Site. FilmMakers.com does not endorse any third-party products, merchandise and/or services, nor has FilmMakers.com taken any steps to confirm the accuracy or reliability of, any of the information contained in any third-party advertisements or third-party web sites. FilmMakers.com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give FilmMakers.com or any third party, and you hereby irrevocably waive any claim against FilmMakers.com and the Affiliates, as applicable, with respect to the Web Site and any third-party web sites. FilmMakers.com strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.


INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FILMMAKERS.COM AND THE AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) INCURRED BY FILMMAKERS.COM IN CONNECTION WITH ANY CLAIM ARISING OUT OF: ANY BREACH OF THESE TERMS OF USE OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS CONTAINED HEREIN; A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS SITE AND/OR YOUR USE OF THE MATERIAL IN VIOLATION OF THESE TERMS; AND/OR INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU. YOU WILL COOPERATE AS FULLY AS REASONABLY REQUIRED IN FILMMAKERS.COM'S OR THE AFFILIATES' DEFENSE OF ANY CLAIM. FILMMAKERS.COM RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF FILMMAKERS.COM.

RULES FOR MEMBER BOARDS AND OTHER FORUMS

FilmMakers.com is not responsible for any material posted on any Forum. FilmMakers.com is not responsible or liable to any person or entity (including, but not limited to, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through this Web Site.

FilmMakers.com does not and cannot review every message posted by users in the Forums, and is not responsible for the content of these messages. FilmMakers.com reserves the right to, but is not obligated to, delete, move, edit or disclose the contents of messages that it determines, in its sole discretion, contain Non-Approved Material or are otherwise unacceptable. In addition, FilmMakers.com may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of FilmMakers.com and/or the Affiliates or to protect the safety of our users or the public. Please be aware that certain message boards and similar user forums may disclose a user's IP address along with the user's name and message. To protect your safety, please use your best judgment when using these forums, and consider carefully whether you want to disclose any information that can be used to identify or locate you.

Our Submissions Policy set forth below shall govern any material you upload to any Forum or submit to us.

LINKING POLICY AND LINKED WEB SITES

This Web Site contains intellectual property that is protected from unauthorized use, copying and dissemination by copyright, trademark and other laws. If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with FilmMakers.com, or related names and/or intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored, endorsed by, affiliated and/or associated with FilmMakers.com or the Affiliates, unless an agreement was reached and permission granted. You agree that you will not link to the Web Site from any source that is unlawful, abusive, indecent or obscene, that promotes copyright infringement, violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate.  Under no circumstances may you "frame" this Web Site or alter its intellectual property or Content in any way. FilmMakers.com reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Web Site and/or these Terms. FilmMakers.com is not responsible for the content or performance of any portion of the Internet including other web sites to which this Web Site may be linked or from which this Web Site may be accessed with iphone app. Users are urged and requested to inform FilmMakers.com of any errors or inappropriate material found on web sites to which this Web Site is or may be linked.

FilmMakers.com is not necessarily affiliated with web sites that may be linked to this Web Site and is not responsible for their content. Such web sites are for your convenience only and you access them at your own risk. A link from this Web Site to any other web site does not mean that FilmMakers.com or the Affiliates approve of, endorse or recommend the web site.


PROMOTIONS

This Web Site may contain contests or other promotions that require you to send material or information about yourself. Please note that contests or promotions offered via the Web Site may be governed by a separate set of rules that, in addition to describing such contest or promotion, may have eligibility requirements, such as certain age, specialty, or geographic area restrictions. It is your responsibility to read such rules to determine whether or not your participation, registration and/or entry is valid. You agree to read and comply with such rules before entering any contest or promotion on this Web Site.

THIRD PARTIES

Your dealings or communications through the Web Site with any party other than FilmMakers.com are solely between you and that third party. Certain areas of the Web Site may allow you to conduct transactions or purchase goods or services. Third-party partners and vendors may conduct these transactions. Under no circumstances will the Web Site and/or FilmMakers.com or the Affiliates be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to such third parties.

All contents and hyperlink found on this Web Site (http://www.filmmakers.com) are to be accessed at User’s Own Risk.  

FilmMakers.com reserves the right to modify this policy at any time. 

By using this site you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site. 

No part of this web site may be reproduced, stored or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, copying, recording, or otherwise), without the prior written consent of the publisher of this web site.
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