|
1. Acceptance Of Terms Really Creative Ideas Inc. ("Film Venture") provides the "www.filmventure.com" website ("Website") to you under the following terms of service (the "Terms"), which may be updated from time to time. PLEASE READ THE TERMS CAREFULLY AS YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND ANY SUBSEQUENT MODIFICATIONS THERETO. 2. Privacy Policy By using this Website, you agree to be bound by Film Venture's Privacy Policy. 3. User Registration In order to access some parts of the Website, you will be required to register with Film Venture pursuant to the terms of the User Registration Agreement. To register, close this window and select 'Register' from the bottom menu. You agree that all of the information you provide during the registration process, including credit card payment information, will be true and accurate and that you will maintain and update such information should an update be required to maintain the truth and accuracy of such information. Upon successful completion of the registration process, you will receive an account and password. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. 4. Grant of Limited License (a) Content Submitter If you are a registered user, by submitting or uploading content onto the Website, you warrant to Film Venture that you have the full right and authority to submit such content and that such content is not subject to any copyright or proprietary right of any third party. By submitting or uploading content onto the Website, you grant Film Venture and its designated licensees a non-exclusive, perpetual, transferable, royalty-free, irrevocable and world-wide right to copy, cache, modify, edit, publish, display, perform, distribute, translate, create derivative works from, store and use such content in connection with the operation and promotion of the Website and the promotion, marketing, soliciting interest in or the sale of such uploaded or submitted content, regardless of the medium, technology, or form in which it is used. Such use by Film Venture may include, but will not be limited to, use of any content posted to the Website to be included as part of a screen option, demonstration or brochure for the purpose of promoting your uploaded or submitted content on the Website or in reports or presentations prepared for potential buyers of such materials. You hereby waive any and all moral rights in such uploaded or submitted content in favour of Film Venture for the limited purposes described herein. You acknowledge that Film Venture may be required to compress or perform other technical processing of your content due to storage limitations on the Website. In the event of the bankruptcy or insolvency of Film Venture, you shall have the right to terminate these Terms, without liability (except for any pre-existing obligations owed to Film Venture, including payment to Film Venture, which pre-existing obligations shall survive the termination of these Terms), and the rights granted to Film Venture that are current at the time of such termination shall revert back to you. (b) Unauthorized Use of Submitted Content If you are a registered investor or industry user or if you are a visitor to this Website, you agree that you will not use any of the content submitted or uploaded by another registered user without Film Venture's express written permission. Any unauthorized use of such content is a violation of these Terms and may constitute copyright or other intellectual property infringement. If you are interested in purchasing the right to use any of the content submitted or uploaded to the Website, please either register on the site as an Industry user, or contact us directly at info@filmventure.com. 5. User Conduct You agree not to:
6. Content Film Venture makes no representations or warranties with regard to the appropriateness, accuracy, integrity or quality of any of the ideas, information and other materials (the "Content") found on the Website. Film Venture shall not be liable to you or to any other person for any reason arising from or related to the Website and/or the Content. You acknowledge that Film Venture only acts as a conduit and you agree not to make any claim or demand against Film Venture or include Film Venture as a third party defendant in any claim or demand made against you by any other person arising from or related to the Website or the Content. In the event that Film Venture is named as a party in any such proceeding, Film Venture reserves the right to raise any and all defenses deemed appropriate and to take any other action to defend itself. Film Venture retains the right to delete any Content, including any content that you upload, from its Website in its sole discretion. In the event that a third party claim arises in respect of any content that you submit, Film Venture shall temporarily suspend the display and/or sale of such content until Film Venture receives:
7. Links Film Venture may provide links to third party World Wide Web or Internet applications, websites and resources. Because Film Venture has no control over such websites and resources, you acknowledge and agree that Film Venture is not responsible or liable for any content, advertising, products, services, or other materials on or available from such applications, websites and resources. You further acknowledge and agree that Film Venture shall not be held liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available through any such application, website or resource. Such links are not referrals or endorsements of such third parties and are provided to you for your convenience only. 8. Modification Of Website or Service Film Venture reserves the right at any time to modify, suspend or discontinue the Website with or without notice to you. You agree that Film Venture shall not be liable to you or to any third party for any such modification, suspension or discontinuation. 9. Termination and Suspension of Website You agree that Film Venture may, at its sole discretion, terminate or suspend your access to the Website for any reason, including, without limitation, breach of the Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities. You agree that the termination of your access may take place without any liability to Film Venture and without prior written notice to you. 10. Ownership Rights The entire content of the Website in aggregate (except for the materials that you license to Film Venture) is copyrighted by Film Venture as a collective work under Canadian copyright laws. The copying, reproduction, or publication of any part of the Website is prohibited, unless expressly authorized in writing by Film Venture. No copyrighted material may be uploaded or submitted to the Website by anyone other than the copyright owner or persons authorized by the copyright owner. You are solely responsible for ensuring at your sole cost and expense that you obtain all necessary consent, if required, before uploading or submitting any material. You acknowledge that the Content is owned or licensed by Film Venture and/or other third parties and is protected by copyrights, trade-marks and/or other rights and laws. Except as may be permitted by copyright law, you are responsible for obtaining permission from the copyright owner before reusing any copyrighted material that is on the Website. In the event of any permitted copying, redistribution or publication of copyrighted material from the Website, no changes in or deletion of author attribution, trade-mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Website. If you believe any Content on the Website constitutes infringement of your copyright or other intellectual property rights, please contact Film Venture at info@filmventure.com and provide the following information:
11. Trademarks FilmVenture, FilmAdVenture, MyFilmInvestors and MyFilmInvestment are trademarks of Film Venture, whether registered or not registered. Other trademarks and service marks on the Website may be the property of advertisers or other third parties. You shall not use any of the aforementioned marks without the prior written permission of the appropriate owner of the mark. 12. Limitation Of Liability FILM VENTURE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTY CONTRACTORS SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY OF THE SERVICES PROVIDED BY FILM VENTURE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF FILM VENTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR ANY OF THE SERVICES PROVIDED BY FILM VENTURE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. 13. Disclaimer Warranty YOUR USE OF THE WEBSITE AND THE SERVICES PROVIDED BY FILM VENTURE IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICES PROVIDED BY FILM VENTURE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. FILM VENTURE EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, COVENANTS, PROMISES, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FILM VENTURE MAKES NO WARRANTY THAT:
14. Indemnity You agree to indemnify and hold Film Venture, its affiliates, directors, officers, employees, agents and third-party contractors harmless from any and all claims or demands, including reasonable legal fees and expenses, due to or arising out of your use of the Website, its Contents and the services provided by Film Venture. 15. Governing Law The Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You also agree to the non-exclusive jurisdiction of the courts of the State of California. 16. Severability If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be construed as nearly as possible to reflect the intentions of the parties, with the other provisions remaining in full force and effect. 17. Assignment You shall not assign or transfer your rights or obligations hereunder without Film Venture's prior written consent, which consent shall be at Film Venture's sole discretion. 18. Notices All notices shall be deemed given by any means, including, but not limited to, email or notices or messages posted on the Website. 19. Entire Agreement You further agree that the Terms, which may be modified from time to time, are the complete and exclusive statement of the rights and liabilities of the parties, and supersede any and all prior and contemporaneous written or oral agreements existing between the parties with respect to such subject matter. The Terms may be superseded by expressly designated legal notices that are posted within the Website. You acknowledge and agree that it is your responsibility to review these Terms periodically and to be aware of any modifications. Your continued use of the Website will constitute your acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms. 20. Headings The section headings used herein are for convenience of reference only and have no legal or contractual significance. 21. Contact Information Please report any violations, questions, or concerns about the Terms to info@filmventure.com |