TERMS OF SERVICE
Fans Of Film, LLC “Fans Of Film™” “Fans Of Film” “WE welcome and appreciate you considering us for website development, posting videos, films, webshows, trailers, producers reel, actors reels for aggregation and networking on the Fans Of Film community platform.
FOF provides this services to you subject to the following Terms of Service, If you do not agree to any of these terms, then please do not use the Services..
GENERAL DESCRIPTION AND USE OF SERVICES
Fans Of Film .com and .tv is a place to create a personal profile, be part of community, build a personal open source website with wordpress, view and post content that may include information, text, images, audio, video, and any other content that complies with Fans Of Film community guidelines. Fans Of Film provides Visitors/Viewers and contributors, with viewing access to all content. Registered contributor and registered viewers are collectively known as “Contributors. ”Visitors, as the term implies, are people who don’t register with us, but want to poke around and see what the site and services are all about. log-in is required for all registered contributors and Registered viewers to use and gain access to services and affiliate links and codes. Fans Of Film is under no obligation to accept any individual as a Registered User, and may accept or reject any registration in its sole and complete discretion. In addition, Fans Of Film may deactivate any account at any time, including, without limitation, if it determines that a Registered Users has violated these Terms of Service.
Fans Of Film community functions best when its people follow a few simple rules. By accessing and/or using the Services, you hereby agree to comply with these community rules..
(1) You will not use the Services for any unlawful purpose…
(2) You will not “stalk” or otherwise harass another…
(3) You will not upload, post, e-mail, transmit, or otherwise make available any content that infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
(4) Don’t spam or use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme. Registered Filmmakers may use the Services in a commercial way to promote their User Submissions;
(5) Don’t post off-topic comments. Please keep your comments relevant to the video, network, or individual concerned.
(7) You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(8) You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means; and
(9) Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it.
FOF reserve the right, in our sole and absolute discretion, to deny anybody access to the services, or any portion of the services, without notice, and to remove any user content that does not adhere to these guidelines.
The Services are available for individuals aged 13 years or older. If you are 13 or older, but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
INTELLECTUAL PROPERTY RIGHTS
The Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Fans Of Film™ (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sub-license, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Fans Of Film™ (“Fans Of Film™ Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Fans Of Film™. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Fans Of Film™ Trademarks, the “Trademarks”). Nothing on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Fans Of Film™ Trademarks inures to our benefit.
USER DIRECT UPLOADS, LICENSES, AND PUBLICITY…
Contributor uploads will be indexed and reviewed by Fans Of Film review team to be used by Fans Of Film for public display on FOF Websites, main category’s and/or the Social Media Pages where Contributor uploads will be posted, viewed, and shared with others. (Fans Of Film Youtube channel submissions optional) IF CONTRIBUTOR CHOOSES PRIVATE DISPLAY, CONTRIBUTORS CONTENT WILL NOT BE PUBLICLY DISPLAYED ON FANS OF FILM WEBSITES OR SOCIAL NETWORKS… Contributor and not Fans Of Film are entirely responsible for all contributor uploads post, email and transmit on this platform and services.
You expressly acknowledge and agree that once you submit your User Submissions for inclusion into the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such user submissions, including, without limitation, any personally identifying information that you may make available online. You retain all copyrights and other intellectual property rights in and to anything you upload to the Services, but you do, however, hereby grant FOF an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, publish, publicly perform, and publicly display your user submissions and associated works, along with the right to excerpt, analyze, index, and create derivative works from your user submissions and associated works. In addition, you hereby grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, reproduce, distribute, publicly display, and publicly perform such user submissions as permitted through the functionality of the services. These licenses shall extend from the time you upload the User Submission to the Services until a commercially reasonably time after you remove it, and shall extend to any media now known or hereafter devised.
You also hereby grant FOF an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, transferable license to use your user uploads (non uploaded content is not included) in whole or in part, and the names, images, likenesses, and photographs of all those affiliated with your user submissions, and any associated trademarks or service marks to advertise or promote the Services and/or Fans Of Film™. This license shall extend from the time you upload the user submission to the services until a commercially reasonably time after you remove it, and shall extend to any media now known or hereafter devised.
Revenue and terms for future video platform…
Once your user submission is uploaded to the services, FOF shall convert it, at our expense, make it available on the services, and promote it within the services. Of the revenue derived and actually collected by FOF from any sales of your user submissions on the services, one hundred percent (100% of your share) shall be delivered to you. We shall make such payments on a semi-annual basis in accordance with our standard accounting practices. Revenue shall be paid in U.S. dollars and shall be sent to the address specified during your registration process. Notwithstanding anything to the contrary herein, if your earned balance is less than Two Hundred Dollars ($200), no payment shall be made until the amounts owed by Fans Of Film exceed such amount.
Advertising. Fans Of Film reserves and has the right to sell, license, and/or display any advertising, attribution, links, promotional, and/or distribution rights in connection with your user submissions, and Fans Of Film will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, and/or promotional or distribution rights; provided, however, that Fans Of Film may, from time to time, in its sole and absolute discretion, pay a portion of such revenue to you in connection with your user submissions. Nothing in these Terms of Service obligates or may be deemed to obligate Fans Of Film to sell, license, or offer to sell or license any advertising, promotion, or distribution rights.
COMMUNICATIONS WITH FANS OF FILM…
We encourage you to e-mail us, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
NO WARRANTIES/LIMITATION OF LIABILITY…
FOF shall not be subject to liability for any delays, interruptions of the services from whatever cause or replacing equipment or data. You agree that you use the content the service and the user submissions at your own risk. Fans Of Film disclaims all warranties, including but not limited to the warranty of title, merchantability, non infringement of third parties rights and fitness for a particular purpose.
In no event shall FOF be liable for any damages whatsoever and including without limitation of incidental and consequential damages, lose of profits or damages resulting from lost data or business interruption resulting from the use, disclosure, display or maintenance of any user submission or services, whether based on warranty, contract including negligence, or any other legal theory, even if FOF has been advised of the possibility of such damages. Some states do not allow exclusion of implied warranties and limitations of liability for incidental or consequential damages, so the above may not apply to you. In such states, Fans Of Film liability shall be limited to the greatest extent permitted by the law.
Fans Of Film is not responsible for any typographical technical errors on this service. Fans Of Film reserves the right to make changes, corrections and improvements to the services at any time without notice.
The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. FOF is not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION…
You hereby represent, warrant, that:
(1) 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 this Agreement, and to abide by and comply with this Agreement;
(2)You own or have the necessary licenses, rights, consents, and permissions to all patent, trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Submissions and any other works that you incorporate into your User Submissions, and all the rights necessary to grant the licenses and permissions you grant hereunder;
(3)Use of your User Submissions in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
(4)You shall not submit to the Services any User Submissions that violates our community guidelines set forth above. (5) You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this agreement, your access to, use, or misuse of the Content, the User Submissions, or the Services, and your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
COMPLIANCE WITH APPLICABLE LAWS
The Services are based in the United States. We make no claims concerning whether the Content and/or the User Submissions may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services, the Content, or the User Submissions from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION OF THE AGREEMENT
FOF reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. FOF reserves the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
DIGITAL MILLENNIUM COPYRIGHT ACT
Fans Of Film™ respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or User Submissions deemed to have been posted or distributed in violation of any such laws.
Fans Of Film designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Fans Of Film Attention: DMCA 504 Yale SE Albuquerque, NM 87106
If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide FOF with notice in accordance with the requirements of the Act, including a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located, a description of the location of the original or an authorized copy of the copyrighted work, your address, telephone number and e-mail address, 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, a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf, and an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Copyright 2011 Fans Of Film LLC. All rights reserved.