Terms and Conditions

Terms and Conditions

FILMOFILIA is the web site operated by FilmoFilia.com (“FilmoFilia”). FilmoFilia provides you access to the FilmoFilia web site located at the entry point http://www.filmofilia.com and the information and other materials available on and through the web site (the “Site”) subject to your compliance with the terms and conditions as set forth herein (the “Terms and Conditions”). If you do not agree with any of the Terms and Conditions, DO NOT USE THIS SITE. Your continued use of the Site evidences your agreement to be bound by each of the Terms and Conditions and constitutes a legally binding contract between you and FilmoFilia.

USER CONDUCT – PERSONAL USE ONLY

The Site and the Materials (as defined below) are made available for your personal, non-commercial use only. You may not use the Site or the Materials to sell a product or service, or to increase traffic to your web site for commercial reasons, such as advertising sales. You may not take the Materials and reformat and display them, or mirror the Site (or any pages from the Site) on your web site. If you want to make commercial use of the Site, you must enter into an agreement with FilmoFilia to do so in advance. Please contact FilmoFilia for more information.

I n order to access and use the Site, you agree that you will comply with all of the Terms and Conditions set forth herein and will not (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any Materials or portion of the Site; or (b) use FilmoFilia’s name, URL, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or “spam.” For the purposes of this agreement, “spam” has the meaning generally understood among Internet users.

In addition, you may not post, upload, or transmit to the Site or to the FilmoFilia servers any communications, text, graphics or other information (collectively, “Unauthorized Content”) that: (a) is obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others; (b) contains any viruses, trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocates or encourages any illegal activity; (d) infringes on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violates the privacy of individuals, including, but not limited to, other users of the Site; (f) violates any applicable local, state, national or international law; or (g) is not approved by FilmoFilia.

INTELLECTUAL PROPERTY

All text, graphics, multimedia content or other material available from the entry point URL http://www.filmofilia.com and pages within that domain and all related code, including but not limited to films, images, text, graphics, logos, icons, layouts, arrangements, displays, illustrations, audio and video clips, HTML, other mark-up languages, and all scripts and software within the Site (individually and collectively, “Material(s)”) are the property of FilmoFilia and/or its affiliates or licensors and are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by FilmoFilia or by other parties that have licensed their Material to FilmoFilia. Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, transferred, sold, displayed, or in any way commercially exploited in whole or in part, except that you may download one copy of the Materials on any single computer for your personal, noncommercial use, and one single permanent copy to be used by you, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You must obtain the prior written consent of FilmoFilia for any other use or distribution of the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights and the use of any such Materials on any other web site or computer environment is strictly prohibited.

TRADEMARKS

“FILMOFILIA” is the trademark of FilmoFilia. All other trademarks, service marks and logos used on the Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.

As a provider of space for advertisements, please note that FilmoFilia is not in a position to arbitrate trademark disputes between the advertisers and trademark owners. The advertisers themselves are responsible for the ad content that they choose to use. Accordingly, FilmoFilia encourages trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites.

LINKING TO OTHER SITES AND TRANSACTIONS ON OTHER SITES

The Site contains links to pages on other web sites, and those web sites may provide information, or offer products and/or services for sale (“Linked Sites”). This includes web sites related to the sale or advertisement in connection with any products displayed, discussed or reviewed on the Site or any Linked Sites. FilmoFilia does not author, edit, or monitor these Linked Sites. You acknowledge and agree that FilmoFilia has no responsibility for the accuracy or availability of information provided by Linked Sites and that FilmoFilia does not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites.

FilmoFilia WILL NOT BE LIABLE FOR ANY TRANSACTIONS conducted WITH THIRD PARTIES OR ANY LIABILITY ARISING FROM the representations OR INFORMATION PROVIDED on such Linked Sites. FilmoFilia is not and will not be responsible for (A) the terms and conditions of any transaction between you and any third party, (B) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, (C) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services, OR (D) any content on the third party sites, OR the quality of any product sold by any such third party or any other legal liability arising out of or related to products sold by such third party, including, BUT NOT LIMITED TO, any product liability. IF you have a dispute with any such third party or any third party’s web site, products and/or services, you release FilmoFilia ( and its agents, MEMBERS, PRINCIPALS and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

DISCLAIMER OF WARRANTIES

THE SITE AND ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FilmoFilia DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. FILMOFILIA AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. FILMOFILIA AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. FILMOFILIA AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE.

IN ADDITION, FilmoFilia DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR- FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ( AND NOT FilmoFilia) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS, INCLUDING RISKS OF DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR DOWNLOADING MATERIALS.

Under no circumstances will FilmoFilia be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the downloading or use of any information, Materials or content posted, emailed or otherwise transmitted via the Site.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL FilmoFilia, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, FilmoFilia’S ENTIRE LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE AMOUNT PAID FOR USE OF THE SITE, IF ANY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall FilmoFilia or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

INDEMNITY

You agree to indemnify and hold FilmoFilia and its affiliates, subsidiaries, and the respective officers, directors, agents, employees, and partners of each harmless from any claim or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms and Conditions, or your violation of any rights of another party.

TERMINATION OF THE SITE

FilmoFilia may, in its sole discretion and in addition to any other remedies available to FilmoFilia, with or without cause withdraw, suspend or discontinue at any time and from time to time any Materials, information, content or services available on the Site, your user name and password, and any functionality or features in or on the Site, including, but not limited to, the cessation of all activities associated with the Site, with or without notice. FilmoFilia shall have no liability to you or any third party for such withdrawal, suspension or discontinuance.

LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS

This Site is controlled and operated by FilmoFilia from its offices within the State of North Carolina, U.S.A. FilmoFilia makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of North Carolina by FilmoFilia.

MISCELLANEOUS PROVISIONS

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of North Carolina, as it is applied to agreements entered into and to be performed entirely within the State of North Carolina and without giving effect to any principles of conflicts of laws. You agree that any lawsuit or other action brought by FilmoFilia, you or any third party to enforce the Terms and Conditions, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the state or federal courts located in the State of North Carolina.

If any provision of the Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions.

Any delay or failure on the part of FilmoFilia to enforce any rights under these Terms and Conditions at law or in equity to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by FilmoFilia.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to FilmoFilia. We reserve the right to make changes to our site, policies, and these conditions of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FilmoFilia’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying FilmoFilia and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • 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 above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

FilmoFilia’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
FilmoFilia
e-mail: copyright@filmofilia.com

© 2007-2013, FilmoFilia.com

Terms and Conditions

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