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FilmTracker is the Internet’s premier destination for filmmakers, independent producers and development executives seeking industry intelligence, emerging talent and available intellectual property.
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TERMS AND CONDITIONS OF SERVICE Please read these terms and conditions of service before using this site. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. From time to time, Filmtracker.com may modify these terms and conditions. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute your acceptance of the terms and conditions of service, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Filmtracker.com and shall be of no force or effect. 1. 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Use Of Web Forums At Your Own Risk. The Filmtracker.com Service contains bulletin board services, chat areas, news groups, forums, communities and other message and communication facilities (collectively "Forums"). Filmtracker.com does not control the files, information, or messages (collectively, "Information") delivered to or displayed in the Forums, unless otherwise noted therein, and Filmtracker.com assumes no duty to, and does not, monitor or endorse Information within the Forums, nor does Filmtracker.com represent or guarantee the truthfulness, accuracy or reliability thereof or that the Information complies with the terms of this Agreement. Filmtracker.com reserves the right at all times to edit, refuse to post, or to remove any Information, in whole or part, that Filmtracker.com, in its sole discretion, deems inappropriate for inclusion in the Forums. Filmtracker.com reserves the right to expel you from or suspend your access to some or all of the Forums for violating the law or this Agreement. The Forums are public and not private communications and may be read by others without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, Filmtracker.com shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Forums is at your own risk and you must be careful about disclosing your personal information. 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You agree to protect the proprietary rights of Filmtracker.com and all others having rights in the Service and Content during and after the term of this agreement and to comply with all reasonable written requests made by Filmtracker.com or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify Filmtracker.com in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights. 6. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OF FILMTRACKER.COM'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF FILMTRACKER.COM. FURTHERMORE, YOU MAY NOT USE ANY OF FILMTRACKER.COM'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH FILMTRACKER.COM'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF FILMTRACKER.COM'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. 7. License. You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by Filmtracker.com ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you. 8. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Filmtracker.com, at all times be and remain the sole and exclusive property of Filmtracker.com. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Filmtracker.com for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use Filmtracker.com's Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Filmtracker.com's prior written approval. 9. Fees and Payments. Filmtracker.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time Filmtracker.com requires a fee for portions of the Service or the Service as a whole, Filmtracker.com will require you to register and create an account. In no event will you be charged for access to portions of the Service or to the Service unless Filmtracker.com obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Filmtracker.com or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless Filmtracker.com receives all fees and charges payable by you, including the Prepaid Fee. 10. Registration and Account Creation. As part of the registration and account creation process necessary to obtain access to portions of the Service that require a fee or payment, you will select a subscriber identification ID and a password. You will provide Filmtracker.com with certain registration information, all of which must be accurate and updated. You shall not (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID or password that Filmtracker.com, in its sole discretion, deems offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Filmtracker.com at [email address] of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are solely responsible for all usage or activity on your Filmtracker.com account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Filmtracker.com's sole discretion, and Filmtracker.com may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail to [email address] Upon termination, you will receive confirmation via e-mail that the request was received, and your account will be terminated within two (2) business days. You are responsible for all charges, if any, incurred up to the time the account is terminated. 11. Disclaimer and Limitation of Liability. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE "ITEMS") ARE PROVIDED "AS IS" AND THAT FILMTRACKER.COM MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. Filmtracker.com does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of any such destructive features. You agree that Filmtracker.com, its suppliers and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of Filmtracker.com, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Filmtracker.com by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by Filmtracker.com. Filmtracker.com is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. Filmtracker.com does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. Filmtracker.com is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Filmtracker.com and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS. 12. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FILMTRACKER.COM, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A FILMTRACKER.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Filmtracker.com's total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site. 13. Representations and Warranties. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TOS. 14. Indemnification. You agree to indemnify and hold Filmtracker.com, and its subsidiaries, affiliates, officers, agents, suppliers, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. 15. Termination. Either you or Filmtracker.com may terminate the TOS with or without cause at any time and effective immediately. You may terminate the TOS by discontinuing use of the Service and destroying all materials obtained from the Service. The TOS will terminate immediately without notice from Filmtracker.com if you, in Filmtracker.com's sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by Filmtracker.com, you must immediately cease all use of the Service and destroy all materials obtained from the Service and any copies thereof. 16. Governing Law. The TOS shall be governed and construed in accordance with the laws of the United States and the State of California, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County in the State of California with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS. 17. Access Outside the United States. Filmtracker.com does not represent that materials in the Service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws. 18. Miscellaneous. You accept that Filmtracker.com has the right to change the Content or technical specifications of any aspect of the Service at any time at Filmtracker.com's sole discretion. You further accept that such changes may result in your being unable to access the Service. 19. Headings. The section titles in the TOS are used solely for the convenience of you and Filmtracker.com and have no legal or contractual significance. 20. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force. 21. Entire Agreement. The TOS and any other terms and conditions of service on www.Filmtracker.com, and its successor, constitute the entire agreement between you and Filmtracker.com and govern your use of the Service. 22. Copyright Agent Filmtracker.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Filmtracker.com's Copyright Agent 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 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 the copyright owner or authorized to act on the copyright owner's behalf.
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