YOUR USE OF THE SITE, SOFTWARE AND/OR THE SERVICE, DOWNLOADING THE SOFTWARE, OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS ToU IN A CLICK-THROUGH FORMAT, SIGNIFIES THAT YOU AGREE TO THIS ToU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS ToU, INCLUDING ANY MODIFICATIONS THAT WORLD FILM FEDERATION MAKES FROM TIME TO TIME.
- ToU UPDATES.
WORLD FILM FEDERATION will revise this ToU as the Site and/or Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised ToU. You must agree to all revisions if you choose to continue using the Site and/or Service. By using the Site and/or Service, you agree to the then-current version of this ToU as posted on the World Film Federation Site. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Site and/or Service.
- SOFTWARE UPDATES.
In an effort to improve the Service, WORLD FILM FEDERATION may require that you download and install updates to the Software. You acknowledge and agree that WORLD FILM FEDERATION may update the Software with or without notifying you. All modifications or enhancements to the Software remain the sole property of WORLD FILM FEDERATION.
- TERMINATION OF SERVICE.
This ToU will be effective as of the date you accept this ToU, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until termination by either party as set forth below. As used herein, the term “Term” means the period of time from the date you accept this ToU until the date this ToU terminates or expires. You may terminate this ToU at any time provided you cease all use of the Software and Service AND destroy or remove from all mobile devices in your possession all copies of the Software. The Service is a closely-controlled software system owned and maintained by WORLD FILM FEDERATION, and WORLD FILM FEDERATION reserves the right to deny service to any user at WORLD FILM FEDERATION’s sole and absolute discretion. The Service is offered with the understanding that WORLD FILM FEDERATION may terminate this ToU and/or any Account registered to you and/or your access to the Service at any time, for any reason or no reason, including without limitation for any violation of the ToU. For purposes of clarification, to the extent that you have registered your Account through a SNS account, termination of an Account does not result in termination of the SNS account that may be tied to your Account. WORLD FILM FEDERATION may stop offering and/or supporting the Service at any time. Upon termination of this ToU for any reason (i) all licenses and rights to use the Software and Service shall terminate and you must remove the Software from your mobile devices in your possession, and (ii) Sections 5, 6.9 and 7 through 21 shall survive such termination.
- LICENSE, ACCESS, FEES AND SECURITY.
6.1. Limited License. The Service is available for use only by authorized end users in accordance with the terms and conditions set forth in these ToU. WORLD FILM FEDERATION grants you a non-exclusive, non-transferable, revocable, limited license, subject to all limitations provided herein to access and use the Service using a WORLD FILM FEDERATION-supported web browser or mobile device for your individual, non-commercial purposes. Should WORLD FILM FEDERATION release the Software, you may be required to agree to additional end user license agreements prior to accessing the Software. Except as may be expressly permitted by WORLD FILM FEDERATION, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Service.
6.2. Eligibility. You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside.
6.3. Account. You may only access the Service through one (1) Account at any given time. If your contact information changes, you agree that you will promptly update the Account information to reflect those changes. You understand that if you access certain portions of the Service through your SNS-linked Account, your name and profile picture may be publicly available and that search engines may index your name and profile photo, and that WORLD FILM FEDERATION may use that profile picture in its promotional or marketing material. You agree that you shall not create an Account or access the Service through an Account if you (i) are under the age of 18, (ii) if you have previously been removed by WORLD FILM FEDERATION or banned from using the Service, (iii) are located in a country embargoed by the United States or (iv) are on the U.S. Treasury Department’s list of Specially Designated Nationals.
6.4. Fees. Some aspects of the Service require you to pay a fee, the details of which will be made available at a future time. To the extent that you have registered to use aspects of the Service which require a fee, you agree to pay all fees and applicable taxes incurred by you or anyone using an Account you registered. WORLD FILM FEDERATION may revise the pricing for the Service at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or Service rendered by, WORLD FILM FEDERATION, your Account may be closed without warning or notice at the sole discretion of WORLD FILM FEDERATION.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
6.4aMemberships. Below are the current prices for profiles in our directory:
- Basic Federation Membership – Free
- Professional Federation Membership – $5.99 Month.
- Producer Profile in 1 Categories, 1 Add (1×1) — Annual payment of $199.00
- Producer Profile in multi-Categories — 12 monthly payments of $89.00 ($1,068.00 total)
- Vendors Profile in 3 Categories — 12 monthly payments of $109.00 ($1,308.00 total)
The complete list and benefits are detailed here.
WORLD FILM FEDERATION may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in these ToU or elsewhere on the Site.
6.5. Access. You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
6.6. Account Security. Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of your Account password. You agree to notify WORLD FILM FEDERATION immediately if you believe that your Account password has been compromised.
6.7. Account Sharing or Transfers. You may not share or transfer your right to access the Service through your Account. You may not disclose your username and password to anyone.
6.8. Cancellation by You. You have the right to cancel the registration of your Account for the Service at any time. You may cancel any Account registered to you by following the instructions on your account profile page.
6.9. Effect of Account Termination or Cancellation. If you voluntarily terminate the registration of your Account or allow that Account to lapse, you may reactivate that Account as a registered account for the Service at any time through the account interface on the Site. Accounts restricted for use by WORLD FILM FEDERATION for any type of abuse, including without limitation a violation of these ToU, may not be reactivated for any reason.
- RESTRICTIONS AND CONDITIONS OF USE.
7.1. Use of Site and Service. WORLD FILM FEDERATION permits you to view and use a single copy of the Site and the Software (on a per platform basis) for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site, Software and/or Service. You accept full responsibility for any unauthorized use of the Service in connection with your Account.
7.2. No Violation of Laws. You agree that you will not, in connection with your use of the Site, Apps, Software or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Apps, Site, Software and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
7.3. Misuse of Site and/or Service. You may not connect to or use the Site, Software and/or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site, Software and/or Service or otherwise attempt to disrupt the Site, Software and/or Service or any other person’s use of the Site, Software and/or Service; or (b) attempt to gain unauthorized access to the Site, Software, Service, Accounts registered to other users, or the computer systems, mobile devices or networks connected to the Site, Software and/or Service. You may not remove any proprietary notices from any copy of the Software. Furthermore, you may not use the Site, Software and/or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or Service, (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; or (vi) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
7.4. No Commercial Uses. You agree that you will not use the Apps, the Site, Software or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Apps, the Site, Software or Service.
7.5. No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service, including without limitation information about your character, other players, virtual items, or other Apps data, using any method not expressly permitted by WORLD FILM FEDERATION; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Apps, Software or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Apps, the Site, Software or the Service.
7.6. Interactions with other Users. You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the platform. WORLD FILM FEDERATION reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release WORLD FILM FEDERATION (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
- USER CONTENT.
8.1. Content. “Content” means any communications, images, sounds, text, and all the material and information that you upload or transmit through the Site, Apps and/or Service, or that other users upload or transmit, including without limitation photographs and contact information. You hereby grant to us and our licencors, including without limitation our respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sub-license, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You agree that you may not upload or otherwise transmit on or through the Site, Apps and/or Service any Content that is subject to any third-party rights.
8.2. Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. We do not assume any responsibility or liability for Content that is generated by users of the Site and/or Service. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.
As between you and WORLD FILM FEDERATION and/or its licencors, WORLD FILM FEDERATION and/or its licencors own the Site, Software, Service, the Apps and data generated by the Service (collectively, “Apps Assets”). WORLD FILM FEDERATION and its licencors reserve the exclusive right to create derivative works based on the Site, Software, the Service, Apps and/or Apps Assets. You agree that you will not create any work of authorship or create any derivative works based on the Site, Software, the Apps or the Service except as expressly permitted by WORLD FILM FEDERATION. Any reproduction or redistribution of the Site, Software or the Apps, or use of the Service not in accordance with the ToU is expressly prohibited by law, and may result in severe civil and criminal penalties.
10.1. Links from the Site. The Site may contain links to websites operated by other parties, including advertisers. WORLD FILM FEDERATION provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of WORLD FILM FEDERATION, and WORLD FILM FEDERATION is not responsible for the content available on the other sites. Such links do not imply WORLD FILM FEDERATIONS’ endorsement of information or material on any other site and WORLD FILM FEDERATION disclaims all liability with regard to your access to and use of such linked websites.
10.2. Links to the Site. Unless otherwise set forth in a written agreement between you and WORLD FILM FEDERATION, you must adhere to WORLD FILM FEDERATIONS’ linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with WORLD FILM FEDERATIONS’ and/or its licencors names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with WORLD FILM FEDERATION, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site, and (iv) WORLD FILM FEDERATION reserves the right to revoke its consent to the link at any time and in its sole discretion.
- NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT.
If you are a copyright owner or agent thereof and believe that content posted on the Site by a WORLD FILM FEDERATION user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:(a)an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;(b)a description of the copyrighted work that you claim has been infringed;(c)the URL of the location on our website containing the material that you claim is infringing;(d)your address, telephone number, and email address;(e)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; and (f)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.
Our Copyright Agent can be reached by contacting us, @ worldfilmfederation . Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
- INTELLECTUAL PROPERTY.
12.1. Trademarks. “World Film Federation” and related logos are the exclusive property of WORLD FILM FEDERATION. Unauthorized use of any WORLD FILM FEDERATION trademark, service mark or logo may be a violation of federal and state trademark laws.
12.2. Copyright. The Site, Software, Service and Apps are protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Site, Software, Service or Apps, or individual sections of the content, design or layout of the Site without WORLD FILM FEDERATIONS’ express prior written permission.
The Site and the Service are operated by WORLD FILM FEDERATION in the United States. Those who choose to access the Site, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
- AGE OF MAJORITY.
The Site and the Service are not directed toward anyone less than 18 years of age nor does WORLD FILM FEDERATION knowingly collect information from anyone under 18. If you are under 18, please do not submit any personally identifiable information to WORLD FILM FEDERATION. An adult is a person who has attained the age of majority. The age of majority is the legally defined age at which a person is considered an adult, with all the attendant rights and responsibilities of adulthood. The age of majority is defined by state laws, which vary by state, but is 18 years of age in most States of the United States of America and as recognized by the general legal consensus of most Countries
- DISCLAIMER OF WARRANTIES.
THE SITE AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WORLD FILM FEDERATION MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE AND/OR SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE SERVICE AND/OR THE CONTENT AVAILABLE ON THE SITE AND/OR SERVICE IS AT YOUR SOLE RISK. WORLD FILM FEDERATION DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some US States or other Jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
- LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORLD FILM FEDERATION, ITS AFFILIATES, LICENCORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND/OR SERVICE, EVEN IF WORLD FILM FEDERATION AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF WORLD FILM FEDERATION OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some US states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of WORLD FILM FEDERATION and its affiliates shall be limited to the fullest extent permitted by law.
You agree to indemnify, defend and hold WORLD FILM FEDERATION and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of any breach by you of this ToU or any other policies that WORLD FILM FEDERATION may issue for the Site and/or Service from time to time.
- DISPUTE RESOLUTION AND GOVERNING LAW.
18.1. Governing Law; Jurisdiction. This ToU shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of Texas, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Section 18.2 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Properties shall be subject to the exclusive jurisdiction of the State and Federal courts located in the County of Dallas, Texas and you agree to submit to the personal jurisdiction and venue of such courts.
18.2. Binding Arbitration.
(a)Arbitration Procedures. You and WORLD FILM FEDERATION agree that, except as provided in Section 18.2, all disputes, controversies and claims related to this ToU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules“) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 18.2 and the JAMS Rules, the terms in this Section 18.2 will control and prevail.
(b)Except as otherwise set forth in Section 18.2, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (i) you and WORLD FILM FEDERATION may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND WORLD FILM FEDERATION WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(i)Location. The arbitration will take place in your hometown area if you so notify WORLD FILM FEDERATION in your notice of arbitration or within ten (10) days following receipt of WORLD FILM FEDERATIONS’ arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in the County of Dallas, Texas, unless the parties agree to video, phone and/or internet connection appearances.
(ii)Limitations. You and WORLD FILM FEDERATION agree that any arbitration shall be limited to the Claim between WORLD FILM FEDERATION and you individually.
YOU AND WORLD FILM FEDERATION AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
(iii)Exceptions to Arbitration.You and WORLD FILM FEDERATION agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or WORLD FILM FEDERATION’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
(iv)Arbitration Fees. If you initiate arbitration for a Claim, you will only need to pay an arbitration initiation fee of $250 and we will pay all other costs charged by JAMS for initiating the arbitration. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules. Notwithstanding Section 19.5 of this ToU to the contrary, you will not be required to pay our attorneys’ fees or other costs if you do not prevail in the arbitration.
(v)Severability. You and WORLD FILM FEDERATION agree that if any portion this Section 18 is found illegal or unenforceable (except any portion of Section 18.2(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 18.2(i) is found to be illegal or unenforceable then neither you nor WORLD FILM FEDERATION will elect to arbitrate any Claim falling within that portion of Section 18.2(i) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Dallas, State of Texas, United States of America, and you and WORLD FILM FEDERATION agree to submit to the personal jurisdiction of that court.
19.1. TOU Revisions. This ToU may only be revised in a writing signed by WORLD FILM FEDERATION, or published by WORLD FILM FEDERATION on the Site.
19.2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WORLD FILM FEDERATION as a result of this ToU or your use of the Service or the Software.
19.3. Assignment. WORLD FILM FEDERATION may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without WORLD FILM FEDERATIONS’ prior written consent, and any unauthorized assignment by you shall be null and void.
19.4. Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
19.5. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this ToU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
19.6. No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
19.7. Notices. All notices given by you or required under this ToU shall be in writing and addressed to: World Film Federation, Post Office Box 452612, Garland, Texas 75045.
19.8. Export Administration. You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively “Export Controls”). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Software, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
19.9. U.S. Government Rights. If you are, or are entering into this ToU on behalf of, any agency or instrumentality of the United States Government, the Apps is “commercial computer software” and “commercial computer software documentation,” and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction, and disclosure of the Software are governed by the terms of this ToU.
19.10. Equitable Remedies. You hereby agree that WORLD FILM FEDERATION would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
19.11. Entire Agreement. This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site and/or Service.
- CALIFORNIA RESIDENTS.
If you are unable to resolve a complaint you may have regarding any of the Service, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California 95834, or by telephone at (800) 952-5210. California Consumer Privacy Act
- ELECTRONIC COMMUNICATIONS.
You acknowledge and agree that by clicking on the “I AGREE” button or using the Site or the Service, you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Service.
21a. EMAIL ADDRESSES
Your e-mail address is protected on the site. Members will be able to e-mail you see your email address if you add it to your member page profile. If at the time of registration you indicated it was okay for World Film Federation to send you our monthly newsletter and/or other industry related offers, we will do so. E-mails will be sent by World Film Federation, for World Film Federation, or on the behalf of a third party. World Film Federation is committed to providing the industry with a reputable service without intruding on your privacy. The e-mails that you receive help in supporting the free services World Film Federation provides. If at any time you decide not to receive e-mails from World Film Federation, please inform us by contacting us at; WORLD FILM FEDERATION contact page or email us at: firstname.lastname@example.org.
- JOB LISTINGS.
World Film Federation acts as a venue for companies to post job opportunities. World Film Federation does not screen or censor the profiles or other information. World Film Federation has no control over the quality, safety or legality of the jobs or profiles posted the truth or accuracy of the listings, the ability of companies to offer job opportunities to candidates or the ability of candidates to fill job openings. World Film Federation reserves the right to refuse to post any profiles deemed unacceptable by World Film Federation. World Film Federation reserves the right to cancel the User Account of any User deemed to be misusing the service, at the sole discretion of World Film Federation.
- EVENTS CALENDAR.
World Film Federation acts as a venue for companies and individuals to post events and other online resources for the production community. Although we strive to maintain these areas with the most informative and accurate information, we can’t insure the complete and total accuracy of the items and events posted in these sections. World Film Federation reserves the right to refuse to post any profiles deemed unacceptable by World Film Federation. World Film Federation reserves the right to cancel the User Account of any User deemed to be misusing the service, at the sole discretion of World Film Federation.
- CONTACTING PROFILES.
Registered Users on World Film Federation have the ability to search and contact the profiles in the World Film Federation Directory. Registered Users are only authorized to contact the profiles if they are interested in purchasing or hiring the services or products offered by the companies and individuals listed. Unauthorized uses that can result in a termination of the User’s Account include contacting profiles with the intention of trying to sell a product, pitch an idea, or solicit employment. World Film Federation reserves the right to cancel the User Account of any User deemed to be misusing the service, at the sole discretion of World Film Federation.
- USE OF CONTENT ON SITE
In addition to the general restrictions listed above, the following restrictions and conditions apply specifically to your use of content while visiting World Film Federation.
The content on World Film Federation, except for all User Postings (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, search engine optimization techniques, categories, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to World Film Federation, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, transmitted, distributed, broadcast, displayed, licensed, sold, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. World Film Federation reserves all rights not expressly granted in and to the Website and the Content.
You may access Videos only:
- for your information and personal use;
- as intended through the normal functionality of World Film Federation; and
- for Streaming.
“Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from World Film Federation to a user’s electronic device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently saved, sold or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are only made available on an “as is” basis.
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the World Film Federation. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of World Film Federation or otherwise as prohibited under this Agreement.
You may access World Film Federation Content, Videos and other content only as permitted under this Agreement. World Film Federation reserves all rights not expressly granted in and to the World Film Federation 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 Posts of third parties obtained through the Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of World Film Federation or features that prevent or restrict use or copying of any Content or enforce limitations on use of World Film Federation or the Content therein.
You understand that when using the World Film Federation platform, you will be exposed to information and videos (content) from a variety of sources, and that World Film Federation is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings 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 World Film Federation with respect thereto, and agree to indemnify and hold World Film Federation, its Owners/Operators, affiliates, and/or licencors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
- USER POSTINGS AND CONDUCT.
As a World Film Federation registered user you may submit video content (“User Videos”), textual comments on User Postings (“User Comments”) and informational profiles (“User Listings”). User Videos, User Comments and User profiles are collectively referred to as “User Postings.” You understand that regardless of whether or not such User Postings are published, World Film Federation does not guarantee any confidentiality with respect to any User Postings.
You shall be solely responsible for your own User Postings and the consequences of posting or publishing them. In connection with User Postings, you affirm, represent, and guarantee that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize World Film Federation to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Postings to enable inclusion and use of the User Postings in the manner contemplated by World Film Federation and this User Agreement.
To clarify, you retain all of your ownership rights in your User Postings. However, by submitting User Postings to World Film Federation, you hereby grant World Film Federation a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Postings in connection with World Film Federation and World Film Federation, Inc. (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of World Film Federation (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of World Film Federation a non-exclusive license to access your User Postings through the Website, and to use, reproduce, distribute, display and perform such User Postings as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from World Film Federation. You understand and agree, however, that World Film Federation may retain, but not display, distribute, or perform, server copies of User Postings that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with User Postings, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary or restrictive 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 World Film Federation all of the license rights granted herein.
World Film Federation does not endorse any User Postings or any opinion, recommendation, viewpoint, or advice expressed therein, and World Film Federation expressly disclaims any and all liability in connection with User Postings. World Film Federation reserves the right to restrict users who promote violence against or threaten other people on the basis of race, ethnicity, nationality, sexual orientation, gender identity, religious affiliation, disability or age. World Film Federation does not endorse or permit copyright infringement of intellectual property rights on its Website, and World Film Federation will remove all Content and User Postings if properly notified that such Content or User Postings infringes on another’s intellectual property rights. World Film Federation reserves the right to remove Content and User Postings without prior notice.
- ACCOUNT TERMINATION POLICY
World Film Federation will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
World Film Federation reserves the right to decide whether Content or User Postings are appropriate and comply with this User Agreement for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. World Film Federation may remove such User Postings and/or terminate a User’s access for uploading such material in violation of this User Agreement at any time, without prior notice and at its sole discretion. World Film Federation may terminate a User’s access for any reason at any time, without prior notice and at its sole discretion.
- FEATURED PROFILES-PRODUCERS
A Featured or “Producer” Profile in the World Film Federation Directory is an annual paid premium profile. Featured Profile’s portfolios supersede all other profiles with bold text and icon. Featured Profile’s portfolios can display: full contact information, description of products and services, links to e-mail and website, credits, clients, and jobs, associations/organizations, and streaming video. It is a Featured Profile’s responsibility to keep all portfolio information up to date and accurate. Featured Profile’s who elect to cancel their membership before fulfilling their annual contract will be charged an early termination fee of $50 after pro rated adjustments. (Early termination fee only applies to the first year of service).
All Featured profiles are reviewed and are subject to approval by World Film Federation before placement. World Film Federation reserves the right to reject any company, individual, description, graphic, or URL. World Film Federation reserves the right to revise its Featured Profile’s rates at any time. Violation of any part of this agreement may result in termination of Featured Profile’s privileges and the forfeiture of any and all payments made to World Film Federation.
- WORLD FILM FEDERATION REQUEST ENGINE
World Film Federation reserves the right to monitor all requests submitted to the World Film Federation Request Engine. Requests determined inappropriate, at the sole discretion of World Film Federation, will be deleted from the system. World Film Federation monitors requests to qualify the best possible leads for World Film Federation vendors and to ensure the best possible responses for our buyers. World Film Federation vendors may only contact Buyers in regards to their specific requests submitted in the World Film Federation Request Engine. World Film Federation reserves the right to cancel the User Account of any User deemed to be misusing the service, at the sole discretion of World Film Federation.
World Film Federation’s Vendors / Classifieds section is a service that brings production buyers and sellers together. The seller, not World Film Federation , supplies information about a particular product or service. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller/provider. Though we hope that all who come to the World Film Federation will act honorably and treat each other fairly, we can’t verify the information they supply or guarantee the products or services they offer. When using this service to find a product or service or, we urge you to use the same common sense and good judgment you would in selling goods and services through, or responding to, a classified ad in the newspaper.
For your convenience, World Film Federation has listed a variety of links to other websites, not operated by World Film Federation, where you can obtain information on specific equipment manufacturers and their products. While World Film Federation encourages you to consult such websites, World Film Federation cannot guarantee nor be responsible for the prices, terms, quality, reliability or performance of the products or services provided by these vendors.
Those who offer products and services through the World Film Federation should be prepared to provide the product or service they advertise at the price(s) at which, and the terms of which, they advertise them. To list any product or service on the World Film Federation, sellers are required to provide certain identifying and contact information. The information should accurately identify the seller and the method of contact should permit buyers to communicate directly with the seller without any alteration to the content of their communications. World Film Federation reserves the right to deny use of this service to anyone who does not comply with these requirements or who otherwise uses the service in manner we consider inappropriate. However, products or services placed on the World Film Federation platform should not be considered in compliance with the above requirements and World Film Federation cannot guarantee nor be responsible for the prices, terms, quality, reliability or performance of the products or services provided by these individuals. World Film Federation reserves the right to refuse to post any profiles deemed unacceptable by World Film Federation. World Film Federation reserves the right to cancel the User Account of any User deemed to be misusing the service, at the sole discretion of the World Film Federation.