Il Catalogo dei Film / Terms Of Use
1. Who We Are
The Film Catalogue is a division of
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
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. 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 . 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.