1. Who We Are
The Film Catalogue is a fee based subscription service of the Independent Film & Television Alliance ("IFTA"), a non-profit organization existing under the laws of the state of California.
2. Your Acceptance
3. The Film Catalogue Website
5. Website Access
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to The Film Catalogue servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, The Film Catalogue permits the operators of public search engines to use such "spiders" and similar mechanisms to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content. The Film Catalogue reserves the right to revoke these exceptions either generally or in specific cases.
6. Reservation of Rights
We reserve the right to remove any Content at any time without prior notice and without cause including but not limited to removing or limiting the visibility of any and all Content for companies who retain temporary office space as defined by the AFM Guidelines (i.e., for a period of one month or less within 5 miles of the AFM location during the week of AFM for the purpose of meeting participants and/or conducting business related to the motion picture industry). We reserve the right to charge third parties to place advertisements on The Film Catalogue Website and to place any advertisements in and around any area The Film Catalogue chooses in its sole discretion and any such revenue will be the property of IFTA. We reserve the right to charge User of the Website for any services or activities on The Film Catalogue Website now existing or that may exist in the future.
7. Proprietary Rights
You acknowledge that you are aware that we have applied for a patent with respect to certain aspects of The Film Catalogue. You further acknowledge that we own the copyrights in The Film Catalogue Website and agree that you will not copy or modify the underlying code without our prior express written permission.
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.
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- firstname.lastname@example.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.
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.
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.