Acceptance of Terms
Filmporium.com and Acme Filmworks (collectively, "Filmporium") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated from time to time without notice. You can review the published version of Filmporium’s TOS most any time at: ***put link here to TOS page on store site. Please note that Filmporium may provide different services that are governed by different TOS and/or other rules and guidelines applicable to such services. Your use of Filmporium constitutes your agreement to all such terms, conditions, policies and notices of this TOS.
Description Of Service
Filmporium currently provides users with access to a collection of on-line resources, including the Filmporium online store (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Filmporium to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Filmporium properties, shall be subject to the TOS. You understand and agree that the Service is provided "as is" and that Filmporium assumes no responsibility for the timeliness, deletion, or failure to store or deliver any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Use Of Service
In consideration of your use of the Service, you agree:
- To provide true, accurate, current and complete information about yourself, your organization or the organization you represent, or any other entity, as prompted by the Service's company profile signup form (such information being the "Content").
- To maintain and promptly update the Content to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Filmporium has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Filmporium has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- Not to upload, post or otherwise transmit any Content that is unlawful (including, without limitation, Content which infringes or misappropriates or otherwise violates any rights of any third party), harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable.
- Not to promote or provide instructional information about illegal activities, nor to promote physical harm or injury against any group or individual.
- Not to impersonate any person or entity, including, but not limited to, a Filmporium official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
- Not to upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Not to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to notify Filmporium immediately of any unauthorized use of your password or account or any other breach of security. Ensure that you exit from your account at the end of each session. Filmporium cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Content Submitted To Filmporium
Filmporium does not claim ownership of, and has no responsibility for, the content of any messages, information, logos, electronic files or materials you upload, post, distribute, or transmit via the Service. Filmporium does not assume any responsibility or liability for your Content. You will be solely responsible for any and all liability with respect to your Content. Under no circumstances will Filmporium be liable in any way for any Content, including, but not limited to, any errors or omissions in 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 Service. You represent and warrant that you own, control or are authorized to grant usage of all rights, title and interest of every kind and character in the Content that has been submitted via the Service. You further warrant and represent to Filmporium that the Content will not infringe any copyright, right of privacy or right of publicity, or any other intellectual property rights, and does not contain any defamatory, libelous or scandalous material, or infringe or violate any other right of any third party. You will not use the Service or permit others to use the Service in any way that violates any law or regulation or subjects Filmporium to liability. You also represent and warrant that there is no litigation or claims pending against you that may adversely affect the rights granted to Filmporium hereunder. All Content submitted by you to Filmporium will be reviewed and is subject to approval by Filmporium before publication. Filmporium reserves the right to reject any company, individual, description, graphic, URL or other information. In addition, Filmporium retains the right, but not the obligation, in its sole discretion, to monitor, review, edit, delete or refuse to post any Content that Filmporium deems to be objectionable or in violation of the TOS. Filmporium reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request. By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting Filmporium a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: Use, copy, sublicense, reproduce, edit, modify, adapt, publish, transmit, display, create derivative works from, distribute or perform it in whole or in part or incorporate it in any form, medium or technology now known or later developed. You further grant all rights necessary to effectuate the goals of this agreement, including, without limitation, all rights requisite to perform the Service being provided by Filmporium. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. This grant of publishing rights is provided free of charge. There are no required royalties or payment of any kind to be paid to you or any third party by Filmporium for use of the Content, and Filmporium’s use of the Content as provided under this TOS will not violate the rights of any third party. You acknowledge and agree that Filmporium may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- Comply with legal process;
- Enforce the TOS;
- Respond to claims that any Content violates the rights of third-parties; or
- Protect the rights, property, or personal safety of Filmporium, its users and the public.
Changes of Information
Information of any type provided by Filmporium to you through your use of the Service may change at any time without notice. Information about individuals, companies, organizations and other entities may change without Filmporium being informed of such change. While Filmporium will use its best efforts to provide accurate information, Filmporium does not guarantee, nor provide any assurance that any of the information you obtain through your use of the Service is accurate or up to date, or is free of data entry error.
Disclaimer of Warranties
THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. FILMPORIUM MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR INFORMATION SENT OR ACCESSED THROUGH ITS SITE OR THAT THE SERVICE WILL BE ERROR FREE. FILMPORIUM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR SECURE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FILMPORIUM AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) WHETHER OR NOT FORESEEABLE, THAT RESULT IN ANY WAY FROM THE USE OF OR INABILITY TO USE THE SERVICE OR YOUR RELIANCE ON INFORMATION PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, EVEN IF FILMPORIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY FILMPORIUM MATERIAL, OR WITH ANY OF FILMPORIUM 'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING FILMPORIUM.
You agree to indemnify, defend and hold harmless, Filmporium and its subsidiaries, affiliates, officers, agents, advertisers, suppliers, co-branders or other partners, employees and independent contractors, from and against any and all claims or demands made by any third party, including but not limited to any action, cost, damage, obligation, disbursement, expense, liability, loss, penalty, judgment, suit, settlement payments, including without limitation, attorneys’, accountants’ and other reasonable professional fees and cost, due to, arising out of, relating to, or as a result of Content you submit, post, transmit or make available 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. This indemnification shall survive the termination of the TOS.
You agree that Filmporium, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Filmporium believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Filmporium may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Filmporium may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Filmporium shall not be liable to you or any third-party for any termination of your access to the Service.
Restrictions on Use
You may use the Service for your own non-commercial use and benefit. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You may publish links within the Content to other World Wide Web sites or resources. Because Filmporium has no control over such links, sites and resources, you acknowledge and agree that Filmporium does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Filmporium shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your or any third party’s use of or reliance on any such materials, goods or services available on or through any such site or resource.
Your use of the Service constitutes acceptance of this TOS. You hereby waive any and all defenses you may have based on the electronic form of this TOS and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this TOS and any additional terms, conditions, rules or procedures imposed by Service or by third party content providers in connection with third-party content, software or services available on, through or in connection with Service.
Failure to enforce strict performance of any provision of this TOS will not constitute a waiver of Filmporium's right to subsequently enforce such a provision or any other provision of this TOS, nor will any delay or omission on the part of Filmporium to exercise or take advantage of any right or remedy that Filmporium has or may have hereunder operate as a waiver of any right or remedy.
In the event that any of the provisions of this TOS shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
This TOS constitutes the entire agreement between you and Filmporium and governs your use of the Service, superceding any prior agreements between you and Filmporium. You also may be subject to additional terms and conditions that may apply when you use other affiliate or Filmporium services. You acknowledge and agree that any controversy or claim arising out of or relating to this TOS, or any breach thereof, shall be determined and settled by binding arbitration in Los Angeles, California, pursuant to the rules then pertaining of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, State or Federal, having jurisdiction. The parties will share equally the administrative costs of such arbitration proceedings. This TOS and all matters or issues collateral thereto shall be governed by the laws of the State of California, United States of America, applicable to contracts made and performed entirely herein.
If you have any questions or concerns about anything contained in this document, please email us at email@example.com or call us at 323.464.7805. Thank you.