The following terms and conditions (the “Terms and Conditions”) govern your use of this Web Site, and any content made available from or through this Web Site, including any subdomains thereof (the “Web Site”). The Web Site is made available by Film Merit. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. If you do not agree with any of the Terms and Conditions, DO NOT USE THIS SITE. Your continued use of the Site evidences your agreement to be bound by each of the Terms and Conditions and constitutes a legally binding contract between you and Film Merit.
As between you and Film Merit owns, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site. You must obtain the prior written consent of Film Merit for any other use or distribution of the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights and the use of any such Materials on any other web site or computer environment is strictly prohibited.
You may access and view the content on the Web Site on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Web Site, make single copies or prints of the content on the Web Site for your personal, internal use only. Use of the Web Site and the services offered on or through the Web Site, are only for your personal, non-commercial use.
“Film Merit” is the trademark of Film Merit. All other trademarks, service marks and logos used on the Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.
As a provider of space for advertisements, please note that Film Merit is not in a position to arbitrate trademark disputes between the advertisers and trademark owners. The advertisers themselves are responsible for the ad content that they choose to use. Accordingly, Film Merit encourages trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites.
The Site and the Materials (as defined below) are made available for your personal, non-commercial use only. You may not use the Site or the Materials to sell a product or service, or to increase traffic to your web site for commercial reasons, such as advertising sales. You may not take the Materials and reformat and display them, or mirror the Site (or any pages from the Web Site) on your web site. If you want to make commercial use of the Site, you must enter into an agreement with Film Merit to do so in advance.
In order to access and use the Site, you agree that you will comply with all of the Terms set forth herein and will not (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any Materials or portion of the Web Site; or (b) use Film Merit’s name, URL, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or “spam.” For the purposes of this agreement, “spam” has the meaning generally understood among Internet users.
In addition, you may not post, upload, or transmit to the Site or to the Film Meri servers any communications, text, graphics or other information (collectively, “Unauthorized Content”) that: (a) is obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others; (b) contains any viruses, trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocates or encourages any illegal activity; (d) infringes on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violates the privacy of individuals, including, but not limited to, other users of the Site; (f) violates any applicable local, state, national or international law; or (g) is not approved by Film Merit.
Linking to Film Merit
You agree that if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
You agree to indemnify and hold Film Merit and its affiliates, subsidiaries, and the respective officers, directors, agents, employees, and partners of each harmless from any claim or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Web Site, your connection to the Site, your violation of these Terms, or your violation of any rights of another party.
Advertisements and Promotions
Film Merit may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Film Merit, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Film Merit is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Web Site.
Disclaimer of Warranties
THE SITE AND ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Film Merit DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. Film Merit AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. Film Merit AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. Film Merit AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE.
IN ADDITION, Film Merit DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR- FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ( AND NOT Film Merit) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS, INCLUDING RISKS OF DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR DOWNLOADING MATERIALS.
Under no circumstances will Film Merit be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the downloading or use of any information, Materials or content posted, emailed or otherwise transmitted via the Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Film Merit, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, Film Merit’s ENTIRE LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE AMOUNT PAID FOR USE OF THE SITE, IF ANY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Film Merit or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
We respect the intellectual property rights of others, and require that the people who use the Web Site, or the services or features made available on or through the Web Site, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to firstname.lastname@example.org:
-Your address, telephone number, and email address;
-A description of the copyrighted work that you claim has been infringed;
-A description of where the alleged infringing material is located;
-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;
-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
-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 are authorized to act on the copyright owner’s behalf.
We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
Film Merit may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services at any time. Film Merit may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. Film Merit maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
Film Merit reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.