1. Who We Are
The Film Catalogue is a fee based subscription service of the Independent Film & Television Alliance ("IFTA"), a non-profit organization existing under the laws of the state of California.
2. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content submitted and available through the thefilmcatalogue.com domain name, "We," "Our," "The Film Catalogue," "The Film Catalogue Website" or "Website"), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms of Use"). If you do not agree to any of these terms, then please do not use The Film Catalogue Website.
3. The Film Catalogue Website
These Terms of Use apply to all users of The Film Catalogue Website, including users who are also contributors of video or audio, information, and other similar materials or services including User Submissions (per Paragraph 10) on the Website ("Content"). The Film Catalogue Website may contain links to third party websites that are not owned or controlled by The Film Catalogue. The Film Catalogue has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, The Film Catalogue will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve The Film Catalogue from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave The Film Catalogue Website and to read the terms and conditions and privacy policy of each other website that you visit.
4. Modifications
We reserve the right to modify these Terms of Use and any policies affecting the Website. Any modification is effective as of the earlier of: (a) The posting of the changes of new Terms of Use on the Website; or (b) The distribution via electronic mail of the changes or new Terms of Use to known users.
Any continued use of the Website more than thirty (30) days following the effective date of any modification to these Terms of Use shall be conclusively deemed an acceptance of all such modification(s).
5. Website Access
After payment of the annual subscription fee or as permitted by IFTA in its sole discretion, The Film Catalogue hereby grants to you permission to use the Website as set forth in this Terms of Use, provided that: (i) you will not copy or distribute any part of the Website in any medium without The Film Catalogue's prior written authorization; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) you will otherwise comply with these Terms of Use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to The Film Catalogue servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, The Film Catalogue permits the operators of public search engines to use such "spiders" and similar mechanisms to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content. The Film Catalogue reserves the right to revoke these exceptions either generally or in specific cases.
6. Reservation of Rights
We reserve the right to remove any Content at any time without prior notice and without cause including but not limited to removing or limiting the visibility of any and all Content for companies who retain temporary office space as defined by the AFM Guidelines (i.e., for a period of one month or less within 5 miles of the AFM location during the week of AFM for the purpose of meeting participants and/or conducting business related to the motion picture industry). We reserve the right to charge third parties to place advertisements on The Film Catalogue Website and to place any advertisements in and around any area The Film Catalogue chooses in its sole discretion and any such revenue will be the property of IFTA. We reserve the right to charge User of the Website for any services or activities on The Film Catalogue Website now existing or that may exist in the future.
7. Proprietary Rights
You acknowledge that you are aware that we have applied for a patent with respect to certain aspects of The Film Catalogue. You further acknowledge that we own the copyrights in The Film Catalogue Website and agree that you will not copy or modify the underlying code without our prior express written permission.
8. Rules
You agree to the following:
(a) You will not reprint, republish or distribute in any way any information or materials found on our website for any activities that may be unlawful or detrimental to the best interests of The Film Catalogue and its parent company.
(b) You will not provide to us or post on our website any information that is not correct, such as an incorrect name, address, email address or any other incorrect information, or any content within the meaning of User Submission as defined below, that may expose The Film Catalogue or its parent company to any legal or financial liability.
(c) You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used on our website.
(d) You will not post any materials on our site or include any materials in any presentation in violation of any other party's rights, including, but not limited to, copyrights or privacy and publicity rights.
9. Intellectual Property Rights
The Content on The Film Catalogue Website, except all User Submissions and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to The Film Catalogue, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Film Catalogue reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any unlawful purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of The Film Catalogue Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of The Film Catalogue Website or the Content therein.
10. User Submissions
A. The Film Catalogue Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, The Film Catalogue does not guarantee any confidentiality with respect to any User Submissions. Content includes User Submissions; however the use of User Submissions by You is further limited by this paragraph.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize The Film Catalogue to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to The Film Catalogue, you hereby grant to The Film Catalogue a worldwide, non-exclusive, royalty-free, assignable and transferable license to use, reproduce, distribute, prepare derivative works of, display, sublicense and perform the User Submissions in connection with The Film Catalogue Website and The Film Catalogue's (its parent company and its successor's) business, including without limitation for promoting and redistributing part or all of The Film Catalogue Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant to each user of The Film Catalogue Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from The Film Catalogue Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Film Catalogue all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage The Film Catalogue or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. The Film Catalogue does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and The Film Catalogue expressly disclaims any and all liability in connection with User Submissions. The Film Catalogue does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and The Film Catalogue will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. The Film Catalogue will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. The Film Catalogue also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Film Catalogue may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. The Film Catalogue reserves the right to remove Content and User Submissions without cause and without prior notice.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Film Catalogue's designated Copyright Agent to receive notifications of claimed infringement is: Susan Cleary, 10850 Wilshire Blvd., 9th Floor, Los Angeles, CA 90024; email- scleary@ifta-online.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to The Film Catalogue customer at TFC@ifta-online.org. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. If you become aware that any other person is violating any of the terms and conditions of this website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us in accordance with our Copyright Policy. If you believe that any user of this website has posted materials in violation of any other rights that you may have, you may notify us in accordance with our Removal Policy.
F. You understand that when using The Film Catalogue Website, you will be exposed to User Submissions from a variety of sources, and that The Film Catalogue is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Film Catalogue with respect thereto, and agree to indemnify and hold The Film Catalogue, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE FILM CATALOGUE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FILM CATALOGUE (AND ITS PARENT COMPANY), AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE FILM CATALOGUE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FILM CATALOGUE WEBSITE. THE FILM CATALOGUE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FILM CATALOGUE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND The Film Catalogue WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability
IN NO EVENT SHALL THE FILM CATALOGUE (AND ITS PARENT COMPANY), AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FILM CATALOGUE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE FILM CATALOGUE AND IFTA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by The Film Catalogue from its facilities in the United States of America. The Film Catalogue makes no representations that The Film Catalogue Website is appropriate or available for use in other locations. Those who access or use The Film Catalogue Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. Indemnity
You agree to defend, indemnify and hold harmless The Film Catalogue, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to The Film Catalogue Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of The Film Catalogue Website.
14. Links.
You acknowledge that we have not reviewed the content of all sites linked to or from our website and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them.
15. The Film Catalogue Link.
You agree not to remove or block any copyright notices, ads or references or links to The Film Catalogue or elsewhere that we place on or near your presentation, or that we may decide to place in the future. The Film Catalogue reserves the right to place such notices in the future without prior notice.
16. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as The Film Catalogue Website is not intended for children under 13.
17. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Film Catalogue without restriction.
18. Force Majeure
We shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slow downs over the Internet or any third party Internet service providers.
19. General
You agree that: (i) The Film Catalogue Website shall be deemed solely based in California; and (ii) The Film Catalogue Website shall be deemed a passive website that does not give rise to personal jurisdiction over The Film Catalogue, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and The Film Catalogue that arises in whole or in part from The Film Catalogue Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Use and any other legal notices published by The Film Catalogue on the Website now or in the future shall constitute the entire agreement between you and The Film Catalogue concerning The Film Catalogue Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and The Film Catalogue's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The Film Catalogue reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of The Film Catalogue Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND THE FILM CATALOGUE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FILM CATALOGUE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.