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Public Welfare Film Match
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1.Acceptance of Terms
BY USING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE AND DO NOT UPLOAD ANY FILES, PICTURES, STORIES, SCRIPTS, DOCUMENTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THESE TERMS AVAILABLE IS TO CEASE USING THE SITE. IF YOU DO NOT AGREE TO THE UPDATED TERMS OF THIS AGREEMENT PLEASE CEASE THE USE OF THIS WEBSITE AND TERMINATE YOUR ACCOUNT IMMIDIATELY. ALL FILES, PICTURES, STORIES, SCRIPTS, DOCUMENTS SUBMITTED WOULD BE SUBJECT TO THE ORIGINAL TERMS YOU AGREED TO AND THE COMPANY SHALL NOT HAVE RESPONSIBILITY TO RETURN ANY FILES.
2.Applicable Use of Site
You may use this Site for purposes expressly permitted by this Site. As a condition of your use of Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
3.No Unlawful Access
In addition, you agree that you will not use this Site in any manner that could in any way disable, overburden, damage, or impair the website or otherwise interfere with any other party’s use and enjoyment of the websites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the Site.
You hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to Company through this site (hereinafter, the “Submission), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Submission as confidential, and may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in the future Company operations or business.
We do no accept any obligation to return materials or documents in your Submission. Please submit only copies of materials, or materials that you can easily replicate or otherwise replace.
5.Content You Create
You understand that all information, documents, scripts, or books (“Content”) are the sole responsibility of the person from which such Content originated. Your content must be your own and must not be infringing on any third party’s rights. You represent and warrant that you are the author of the Content, that all information is original, has not been previously published in any form, is not in the public domain, and does not infringe upon any statutory copyright or upon any common law right, proprietary right or any other right; that your Content contains no matter that is scandalous, libelous, in violation of any right of privacy or otherwise contrary to laws or violation of any laws; that you are the sole and exclusive owner of the rights herein you convey to the Site; that you have not previously assigned, pledged or otherwise encumbered the same; and that you have the full power to use the Content. You furthermore hereby agree to comply with the requirements of the Communications Decency Act (CDA) and the Digital Millennium Copyright Act (DMCA) and all related Copyright laws.
We are not obligated to regularly review, monitor, delete, or edit the Content of the Site as posted by users. However, we reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to edit or delete any posting or submission, with or without notice. We are not responsible or liable for damages of any kind arising from any Content, or from our alteration or deletion of any Content, even when we are advised of the possibility of such damages.
6.Limitations on Content You Create
Users shall not place or cause to be placed on the Site unacceptable material or activity which includes, but is not limited to:
1.Defamatory or other tortuous activity;
2.Criminal activity, including but not limited to theft of trade secrets, fraud, child pornography, trafficking in obscene material, violation of US export provisions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code for the purpose of circumventing copyright security measures;
3.Infringing activity including, but not limited to, the unauthorized display of confidential, secret, or other proprietary material, trademark infringement, or patent infringement.
4.Incompliance with international, United States, and your residing countries’ including but not limited to copyright law, intellectual law, website law, etc.
7.Right to Terminate Access
We reserve the right to monitor the use of this site to determine compliance with these Terms, as well as the right to edit, refuse to post or remove any information or materials, in whole or in part, at our sole discretion. We reserve the right to terminate your access to any or all of the Site at any time without notice for any reason whatsoever.
8.Disclosure Under Law
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
You agree to indemnify, defend, and hold harmless the Company, its affiliates and their respective officers, directors, employees, and agents, from and against all actions, third party civil or criminal claims, liabilities, losses, damages and expenses, including but not limited to reasonable attorneys’ fees, arising out of or relating to the use of any Site material supplied by you for use on the Site and/or any Site activity. Such indemnification shall operate whether or not the Company has been put on notice of a Site related claim.
10.Trademarks and Copyrights
Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing in this Site are the property of Company or the party that provided the intellectual property to Company. Company and any party that provides intellectual property to Company retain all rights with respect to any of their respective intellectual property appearing in this Site. All contents of Company’s website are Copyright © [INSERT COPYRIGHT]. All rights reserved.
11.Disclaimer and Limitations On Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS”, WITH ALL FAULTS, AND THE SITE MAKES NO EXPRESS OR IMPLIED WARRANTIES, OF ANY KIND RELATED TO THIS SITE OR THE MATERIALS CONTAINED ON THIS SITE. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE ON THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICES PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
12.Right of First Refusal
Company shall have the first right of refusal to purchase the ownership of the copyright from the author. The author of the content may NOT sell the copyright to a third-party without first informing the Company. Written notice to Company is required. Company shall have the right to file the copyright, acquire the copyright from the author, use and invest and publish the content. Said author shall have 30 days during which to accept the offer the Company. If said author does not accept said offer within this period, the offer is automatically terminated. Before the author of the content get into agreement with any third party, the author shall extend the same agreement to Company. Company shall have sixty days from the date of offer submission to Company to accept the offer. If Company does not respond within sixty days (not including time to negotiate the terms between the Company and author), the author of the content shall be free to get into the same exact agreement with the third party.
13.Claimed Copyright Infringement
We respect the intellectual property rights of others and expect our users to do the same. To that end, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, we have implemented procedures for reporting instances of copyright infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed.
[INSERT AGENT’S ADDRESS, EMAIL, AND TELEPHONE NUMBER]
Please include the following in the notice of copyright infringement:
1.A clear description of the copyrighted work that you claim has been infringed upon (if multiple copyrighted works are covered by a single notification, you may provide a representative list of such works);
2.A description of where the material that you claim is infringing is located on the Site, include the current website address;
3.Your contact information, including your address, telephone number, and e-mail address;
4.A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
5.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;
6.An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please note that we may forward the notice of copyright infringement (or information contained therein), as well as the Complainant’s contact information to the user who posted the allegedly infringing content. Additionally, if we remove or disable access to the content pursuant to a valid DMCA notice, we will immediately notify the user that the content has been removed or disabled.
It is also the Company’s policy, in appropriate circumstances and in our sole discretion, to suspend or terminate the accounts of users who are repeat copyright infringers.
Please be aware that, pursuant to 17 U.S.C. § 512(f), you may be liable for any damages – including costs and attorney’s fees incurred by us or our users – if you knowingly materially misrepresent that content or activity is infringing. You may therefore wish to seek the advice of legal counsel before submitting a notice of copyright infringement.
If you believe that a notice of copyright infringement has been wrongfully submitted against you, you may file a counter-notification with the Company’s designated agent by sending a written counter-notification to the address above.
The counter-notification should contain the following information:
1.Your name, mailing address, telephone number, and e-mail address.
2.The material removed or to which access has been disabled and the location at which the material previously appeared (please be as detailed as possible and provide web addresses (URLs) leading directly to the material).
3.A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
4.A statement that you consent to the jurisdiction of the Federal District Court: (i) in the judicial district where your address is located, or (ii) in Northern California district court county of Alameda if your address is located outside the United States, and that you will accept service of process from the Complainant who submitted the notice of infringement or his or her agent.
5.Your physical or electronic signature (typing your full legal name is sufficient).
Upon receipt of a valid counter-notification, we will promptly forward a copy to the Complainant who submitted the notice of infringement. If the Complainant does not notify us, within ten (10) business days, that he or she has filed a legal action relating to the allegedly infringing material, we will restore the material to our Site within 10–14 business days.
14.Choice of Law
This agreement shall be governed by and construed in accordance with the laws of the State of California without reference to its rules on the conflicts of laws. Except for equitable relief, which may be sought in any court of competent jurisdiction, and and all disputes arising hereunder shall be resolved exclusive in the State and Federal Courts of the State of California, and the parties hereto consent to the exclusive personal and subject matter jurisdiction of such courts.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Company, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
These Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement between the Site and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same.