Terms of Service
Welcome to the FilmFestFinder.com website and community! The guiding principle of Film Fest Finder is to maintain a discussion about film festivals and available submission services. Our primary task is providing an atmosphere conducive to constructive, reasonable commentary toward any products and services, including those offered by Film Fest Finder advertisers and sponsors.
This Terms of Service and user agreement (the “TOS”) describes the terms on which Film Fest Finder LLC “FFF”) offers you access to FilmFestFinder.com (the “Site”) and FFF’s services. The TOS is a contract between you (“you” or “user”) and FFF (“we” or “us”) and applies to your entire relationship with FFF and all services that FFF provides (unless subject to another written agreement).
These TOS are effective on April 6, 2016, for current users and upon acceptance for new users. We may periodically make changes to the TOS which will be posted on the Site and will be effective thirty (30) days following posting or immediately, for new FFF users. Your continued use of the Site after those thirty (30) days constitutes your acceptance of the changes. If at any time you find the TOS unacceptable, you must immediately leave and cease all use of the Site. YOU REPRESENT THAT BY USING THE SITE YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THE TOS.
2. User Content. You acknowledge that any post made by you on the Site is public, without restriction. If you don’t want your reviews made public, please do not post reviews on the Site. You grant FFF a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, streaming, or otherwise distributing information or other content (“User Content”) to the Site, you grant to FFF, its affiliates, officers, directors, employees, consultants, agents, and representatives, a right to use the User Content in connection with the operation or promotion of its business (online and offline) and that of its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat such User Content. You acknowledge and agree that you will not be compensated for any User Content. You agree that FFF may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights in and to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
FFF welcomes the participation of any and all subscribers, without regard to their status as advertisers or sponsors. FFF reserves the right to accept or decline any submission for any reason or for no reason and to edit any accepted material. Any reviews or other articles for which FFF has paid will be its exclusive property. Unpaid reviews or other articles will remain in FFF’s library until the author requests its removal in writing, including via email, after which FFF will endeavor to remove such posts within thirty (30) days of its receipt of such request.
3. Inappropriate Content. You agree that you shall not upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services or is an attempt to solicit customers or potential customers from other companies; (d) encourages other users to participate in surveys, contests, pyramid schemes, chain letters; and/or (e) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software. Additionally you shall not use or employ metatag searches of the Site or utilize TInyURLs which ordinarily are a valuable tool in many circumstances, however, we do not have the resources to individually verify the propriety of their target destinations. FFF reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and if applicable, to delete such material from its servers and/or terminate your account. FFF intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these TOS or any applicable laws.
4. Compliance with Intellectual Property Laws. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. FFF respects copyrights and copyright holders.
Your use of the Site is at all times governed by and subject to the laws regarding copyright and intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute information or content (collectively “Content”) in violation of any third party’s rights. You agree to abide by all applicable laws in your use of the Site and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content that that is provided or transmitted using your user name and/or password. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
5. Copyright Infringement. FFF has adopted a policy that provides for immediate suspension and/or termination of any user who is found to have infringed the rights of FFF or a third party, or otherwise violated any intellectual property laws or regulations. FFF’s policy is to investigate any allegations of copyright infringement brought to its attention. Please report copyright issues to: firstname.lastname@example.org
6. ALLEGED VIOLATIONS. You agree that FFF or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. FFF does not intend to disclose the existence or occurrence of such an investigation unless required by law, but FFF reserves the right to terminate your account or your access to the Site or certain of its materials immediately, with or without notice to you, and without liability to you, if FFF believes that you have violated any of the TOS, furnished FFF with false or misleading information, or interfered with the use of the Site by others.
7. NO WARRANTIES. FFF Hereby disclaims all warranties. FFF is making the site and all materials contained within the site available strictly on an "as is" basis without warranty of any kind. You assume the risk of any and all damage or loss from the use of or inability to use the site. To the maximum extent permitted by law, FFF expressly disclaims any and all warranties, express or implied, regarding the site and the materials contained within the site, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. FFF does not warrant that the site or the materials contained with the site will meet your requirements, or that the operation of the site will be uninterrupted or error-free.
8. LIMITATION OF LIABILTY. FFF's liability to you is limited. To the maximum extent permitted by law, in no event shall FFF be liable for damages of any kind (including, without limitation, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeablity of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by FFF. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
9. AFFILIATED SITES. FFF has no control over, and no liability for any third party web sites or materials. FFF works with a number of third party affiliates whose web sites may be linked with the Site. Because neither FFF nor the Site has control over the content and performance of these affiliate sites, FFF makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and FFF assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time-to-time in connection with your use of the Site, you may have access to content items (including, but not limited to web sites) that are owned by third parties. You acknowledge and agree that FFF makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third party content, and that, unless expressly provided otherwise, these TOS shall govern your use of any and all third party content.
10. PROHIBITED USES. FFF imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including without limitation, (a) accessing content or data not intended for you, or logging onto an account or server that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Site or related services; and/or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by FFF in providing the Site. Any violation of system of network security may subject you to civil and/or criminal liability.
11. INDEMNITY. You agree to indemnify FFF for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless FFF, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorneys fees and costs) arising from your access to or use of the Site, your violation of these TOS, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. FFF will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending such claim, loss, liability, damage, or cost.
12. GOVERNING LAW. These TOS shall be construed in accordance with and governed by the laws of the United States and the State of Oregon, without reference to their rules regarding conflicts of laws. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Portland, Oregon, USA in all disputes arising out of or relating to the use of the Site.
13. SEVERABILITY; SUBJECT HEADINGS; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these TOS to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The subject heading at the beginning of the paragraphs in the TOS are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such paragraph. No waiver of any breach of any provision of these TOS shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by and authorized representative of the waiving party.
14. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by FFF or by any third party.
15. MODIFICATIONS. FFF may, in its sole discretion and without prior notice, (a) revise these TOS; (b) modify the Site and/or any services or other offerings; (c) discontinue the Site, any or all services and/or offerings at any time. No amendment, modification or supplement of any provision of these TOS will be valid or effective unless made in accordance with express terms of the TOS.
16. ENTIRE AGREEMENT. These TOS (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understanding between the parties hereto with respect to the subject matter hereof, whether written or oral.
17. ASSIGNMENT. FFF may assign or transfer the TOS at any time. You may not assign or transfer the TOS, or any rights or obligations without the prior written consent of FFF, which we can refuse in our sole discretion. Nothing in these TOS is intended to confer benefits, rights, or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns.