INDEPENDENT FILM DATABASE WEBSITE

IDENTIFICATIONS OF TERMS USED:

The term “Website” in this Terms of Service document refers to any and all website addresses that land or re-direct to:

www.indiefilmfestival.net

www.indiefilmdatabase.com

including all subdirectories, folders, and files of these addresses.

The term “IFD” in this Terms of Service document refers to the following companies:

Independent Film Database, LLC

Indie Film Database, LLC

Independent Film Database

Indie Film Database

The term “User Account” in this Terms of Service document refers to personal or commercial accounts set up, established, and maintained by persons or entities who wish to use the Website and its features. User Accounts are grouped together according the following classifications: Film Lovers, Producers, Distributors, and Staff.

The term “General Users” in this Terms of Service document refers to the following persons:

Any and all persons, entities, and running computer code (as in the case of bots, robots, spiders, etc.) who access, read, post, download, upload, view, or otherwise use the Website in any way, and by any medium, who generally have not registered for an account with the Website, or who have not signed in to their User Account.

The term “Film Lovers” in this Terms of Service document refers to the following persons:

Any and all persons, entities, or companies who access, read, post, download, upload, view, or otherwise use the Website in any way, and by any medium who have registered with the Website as a Film Lover. Film Lover is the default user account classification for all users of the website, until they qualify as a different class of user.

The term “Producers” in this Terms of Service document refers to the following persons:

Any and all persons, entities, or companies who access, read, post, download, upload, view, or otherwise use the Website in any way, and by any medium who have registered with the Website and have provided film content and/or paid for a film of any length to be included on the Website.

The term “Distributors” in this Terms of Service document refers to the following persons:

Any and all persons, entities, or companies who access, read, post, download, upload, view, or otherwise use the Website in any way, and by any medium who have registered with the Website and have been verified by IFD staff to be a legitimate Distributor or Exhibitor of films in any medium.

The term “Staff” in this Terms of Service document refers to the following persons:

Any and all persons, entities, or companies who access, read, post, download, upload, view, or otherwise use the Website in any way, and by any medium who have registered with the Website and have been approved by IFD to be a Staff member to help with the maintenance and regulation of the Website.

The term “Pay per View” in this Terms of Service document refers to the following process:

A User of this Website wishes to view another User’s film content.

User pays the posted price for viewing the film content.

Once payment clears, the User has the right to view, display, and perform the film content only through the functionality of the Website to their electronic viewing device, to begin within 7 days.

Once the User begins viewing the film content, they are given an allotted viewing period of 48 hours, after which their rights to view, display, and perform the film content, granted as a result of their payment, are terminated.


GENERAL TERMS FOR ALL USERS OF THE WEBSITE:

By using or accessing the IFD website, or any data feeds, or services provided to you on, from, or through the IFD website (collectively the “Website”) you signify your agreement to these terms and conditions (“Terms of Service”). If you do not agree to any of these terms, then do not use this Website.

These Terms of Service apply to all users of the Website, including users who are also contributors of Content on the Website. “Content” includes the text, graphics, photos, sounds, music, videos, audiovisual combinations, and other materials you may view on, access through, or contribute to the Website. The Website includes all aspects of IFD, including but not limited to all services offered via the IFD website, such as IFD Messaging, Forums, and other applications.

The Website may contain links to third party websites that are not owned or controlled by IFD. IFD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, IFD will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve IFD from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each website that you visit.

You affirm that you are at least 17 years old or older.

You agree that you will not use this website for any unlawful purpose. In your use of the Website, you agree to comply with all applicable laws including but not limited to copyright laws.

You agree that you will not use obscenities or make demeaning remarks regarding films or people based on race, religion, ethnicity, gender or sexual orientation.

You agree that you will not spam other users or otherwise abuse the posting privilege.

You agree that use of the Website constitutes agreement to the Terms of Service and upon publication of any changes to the Terms, continued use of the website constitutes agreement to the changes.

You acknowledge that violation of the Terms of Service may result in an immediate termination of your account. Violations are determined at the sole discretion of IFD.

You acknowledge that the Website may have and sell advertising space on the Website.

You accept that by watching any trailer or film offered on the Website, that you may be subjected to and view content that you wished you had not seen or heard.

You agree that by using the Website and its services that you will hold IFD harmless of any liability if you should view any content that you wished that you had not seen or heard, including but not limited to content that is offensive, obscene, graphic, controversial, or pornographic.

You understand and agree that trailers and films may have content that some viewers may consider to be offensive, obscene, graphic, controversial, or pornographic beyond that which would make the trailer or film a rated “R” film or worse (as would be determined by the Motion Picture Association of America (MPAA)). If such a film or trailer is discovered by you or another user, you have the option of reporting the film or trailer to the Admin/Staff of the Website so that an investigation can be conducted.

You acknowledge and agree that the Website may have Admin/Staff users who will have access to any and all areas and all content on the Website and within the databases of the same, including but not limited to the films, trailers, users’ personal information, questionnaires, critiques, and all communications within the Website. Staff permissions and access to all content and areas of the Website are for administrative and regulation purposes only.

You agree to not copy in any way, or in any form, or medium the film or trailer content provided to you by the Website, including but not limited to within the Pay per View process. Doing so, constitutes an abuse of the services provided by the Website and a possible copyright infringement by you.

You agree to not use another person’s credit card account without their knowledge and consent.

You agree that any abuses of the services of the Website that you performed, may result in possible legal action taken against you. You further agree to hold IFD harmless and you agree to defend IFD in any legal action as a result of your actions.


USER ACCOUNTS ON THE WEBSITE:

In order to access some features of the Website, you will have to create a user account. You are not allowed to use another person’s account without permission. You are solely responsible for the activity that occurs on your account, therefore you must keep your account password safe. You must notify IFD immediately of any unauthorized use of your account.

Although IFD will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of IFD or others due to such unauthorized use.

You agree to provide true and accurate current personal information for your account, such as:

Your legal first and last name, city, state, zip code, phone number, and email.

You understand that the user accounts are provided at no cost to you.

You understand that Film Lover accounts are the default classification for any and all users of the Website.

You agree to not register or create more than one account per classification per person. By doing so, a person would have the means of manipulating the statistical data generated by the Website intended for the benefit and use of other users of the Website.

USER ACCOUNT TERMINATIONS

IFD may terminate a user’s access to the Website if the user is found to have committed repeat offenses.

IFD reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, offensive, obscene, graphic, controversial, or pornographic Content. IFD may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.

IFD reserves the right to terminate any User’s account, at any time, at IFD’s sole discretion, for reasons not limited to, a user’s abuse of the Website or of it’s features or services, or use of profanity, inflammatory, offensive, racial, threats, degrading, or discriminatory language, or submission of obscene, graphic, or pornographic images.

SUBMITTING CONTENT TO THE WEBSITE:

As an IFD account holder you may submit Content to the Website, including but not limited to, images, videos, user responses to Critiques and Questionnaires, and user comments. You understand that IFD does not guarantee any confidentiality with respect to any Content that you submit.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content you submit; and you authorize and give license to IFD for publication on the Website all patent, trademark, trade secret, copyright or other proprietary rights that you submit to the Website pursuant to these Terms of Service.

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to IFD, you hereby grant IFD a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and IFD’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.

You agree that by submitting any Content to the Website, excluding your personal contact information that you provided in the specific fields for your personal contact information, you are automatically giving IFD permission to disseminate and share the information with other users of the Website, including but not limited to the right to publish them, use them for statistical purposes, quote them, keep them, edit them, or delete them (in cases of possible legal issues such as inflammatory language, demeaning remarks, racial slurs, obscenities, profanity, etc.) at the sole discretion of IFD.

You also hereby grant Users of the Website, who are classified as Distributors or Admin/Staff, a non-exclusive license to access your film Content through the Website, and to view, display, and perform such Content as permitted through the functionality of the Website and under these Terms of Service.

You may also hereby offer your film Content to other Users of the Website, classified as Film Lovers or Producers, a non-exclusive license to access your film Content through the Website, and to view, display, and perform such Content as permitted through the Pay per View functionality of the Website and under these Terms of Service, by making the appropriate selection within the submission process of your film. You may also revoke this non-exclusive license at any time by removing the appropriate selection within the same submission process.

You agree that by submitting trailer content you hereby grant all other Users of the Website a non-exclusive license to access your trailer content through the Website, and to view, display, and perform such Content as permitted through the functionality of the Website and under these Terms of Service.

The above licenses granted by you for film Content you submit to the Website terminate within a commercially reasonable time after you remove or delete your films from the Website. You understand and agree, however, that IFD may retain, but not display, distribute, or perform, server copies of your films that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

You further agree that Content you submit to the Website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant IFD all of the license rights granted herein.

You further agree that you will not submit to the Website any Content or other material that is contrary to applicable local, national, and international laws and regulations.

IFD does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and IFD will remove all Content if properly notified that such Content infringes on another’s intellectual property rights.

You understand that Users who submit films and film information to the Website may do so at a cost.

You understand that the data gathered by Users’ responses to the Questionnaires and Critiques are used to generate statistical data that is important to other users of the Website and that others may rely on this data to make financial decisions. Therefore, it is critical that no users attempt to manipulate this data in any way.

You agree to make no attempt to alter or manipulate the data gathered in the Questionnaires and the Critiques beyond the submission of one Questionnaire and one Critique per person, per film, and per trailer.

IFD does not endorse any Content submitted to the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and IFD expressly disclaims any and all liability in connection with Content.

IFD reserves the right to remove any user’s Content without prior notice.

ACCESS AND USE OF OTHER USERS’ CONTENT ON THE WEBSITE:

The following restrictions and conditions apply specifically to your use of Content.

The Content on the Website, including trademarks, and logos (“Content”) on the Website, are owned by IFD or others, or licensed to IFD, subject to copyright and other intellectual property rights under the law.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Website and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by IFD on the Website for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of IFD or the respective owners of the Content. IFD and its licensors reserve all rights not expressly granted in and to the Website and the Content.

You understand that when using the Website, you will be exposed to Content from a variety of sources, and that IFD is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.

You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IFD with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless IFD, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Website.

TERMS SPECIFIC FOR EACH CLASSIFICATION OF USER:

Film Lovers:

Film Lovers agree to not access the Producers’ or Distributors’ Forums.

Producers:

Producers agree to not access the Distributors’ Forum.

Producers understand and agree that any trailers submitted to the Website will be given unlimited access to any and all users of the Website.

Producers agree to be honest and fair in their dealings with Distributors. Any misconceptions, miscommunications, misrepresentations, breaches of contracts, or any other problems between Producers and Distributors are to be worked out between the Producer and the Distributor.

Producers agree to hold IFD harmless of any legal issues, failures, miscommunications, misconceptions, misrepresentations, breaches of contracts, or any other problems that may arise between Producers and Distributors.

Producers agree to not submit material, film, trailer or otherwise, that would be considered overly offensive, obscene, graphic, controversial, or pornographic. As a general rule, if the material or content of the film or trailer would be more graphic, obscene, offensive, controversial, or pornographic than would be shown in a typical rated “R” film, as would be determined by the MPAA (Motion Picture Association of America), then it is recommended to not submit the film or trailer to the Website.

In the event that IFD is required to remove a Producer’s film from the Website, due to non-compliance to these Terms of Service, at the sole discretion of IFD, Producers understand and accept that IFD is not required to give the Producer a refund of the non-refundable Submission fee.

Producers understand and accept that any money paid for the services offered by the Website, is 100% at risk. IFD makes no guarantee or warranty for any tangible or intangible value that Producers may or may not receive for their payment.

Producers understand that they are provided the option to offer their film content to other Producers and Film Lovers to view in a Pay per View process.

Producers who offer their film content in a Pay per View process are allowed to select the Pay per View price within a range approved by IFD.

Producers will receive a portion of the Pay per View net revenue generated from views from only their film content.

Distributors:

Distributors agree to not access the Producers’ Forum.

Distributors agree to be honest and fair in their dealings with Producers. Any misconceptions, miscommunications, misrepresentations, breaches of contracts, or any other problems between Distributors and Producers are to be worked out between the Distributor and the Producer.

Distributors agree to hold IFD harmless of any legal issues, failures, miscommunications, misconceptions, misrepresentations, breaches of contracts, or any other problems that may arise between Distributors and Producers.

USER PERMISSIONS AND RESTRICTIONS

IFD hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

You agree to not distribute in any medium any part of the Website or the Content without IFD’s prior written authorization, unless IFD makes available the means for such distribution through functionality offered by the Website.

You agree not to alter or modify any part of the Website.

You agree not to access Content through any technology or means other than the pages of the Website itself, or other explicitly authorized means IFD may designate.

You agree not to use the Website for any of the following commercial uses unless you obtain IFD’s prior written approval:

The sale of access to the Website;

The sale of advertising, sponsorships, or promotions placed on or within the Website or Content; or on any page within a forum.

Prohibited commercial uses do not include:

Providing an original video to IFD, or maintaining your user account in such a way as to promote your business or artistic enterprise;

Activity not constituting spam, incidental to your communications on and within the forums that promotes your business or artistic enterprise.

Any use that IFD expressly authorizes in writing.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more server requests to the IFD servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, IFD grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. IFD reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

USER RIGHTS:

Users have the right to terminate and/or delete their own Content from the Website at any time and for any reason.

Users are not obligated in any way to continue use of the Website.

Users who have paid the correct Pay per View price for a particular film content, have the right to view, display, and perform the film content on their electronic device for the viewing period specified and only according to these Terms and Conditions.

IFD RIGHTS:

IFD retains the right to make changes to these Terms of Service at any time. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. IFD may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be considered to grant any third-party rights or benefits.

IFD reserves the right to discontinue any aspect or functionality of the Website at any time.

IFD acknowledges that from time to time, it may become necessary to make changes to these Terms of Service.

IFD acknowledges that all user accounts of all classifications are available at no cost to the Film Lover, Producer, Distributor, and Staff.

IFD AGREES:

To not discriminate based on Race, Religion, Ethnicity, Gender or Sexual Orientation.

To keep all users’ personal information private (except in the case of Producers, whose personal contact information will be available to Distributors).

To not sell users’ personal information to third parties.

To remove any content that is considered too obscene, graphic, offensive, controversial, or pornographic than would be shown in a typical rated “R” film, as would be determined by the MPAA (Motion Picture Association of America) after it has been reported to IFD and at IFD’s sole discretion.

To publish changes to these Terms of Service in a timely manner on the Website and if requested, by email to users current email address on file.

IFD LIMITATION OF LIABILITY:

THE FOLLOWING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT SHALL IFD, ITS OFFICERS, DIRECTORS, MANAGEMENT, EMPLOYEES, STAFF, WEBSITE ADMINISTRATORS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

MIS-REPRESENTATIONS OF ANY USER ON THE WEBSITE,

NON-PERFORMANCE BY ANY USER OF THE WEBSITE, ESPECIALLY PRODUCERS AND DISTRIBUTORS,

USERS WHO POSE AS DISTRIBUTORS,

ABUSE OR MISUSE OF THE WEBSITE, OR PAY PER VIEW PROCESS,

USERS WHO SUBMIT CONTENT THAT THEY DO NOT HAVE THE LEGAL RIGHT TO DO SO,

OFF LINE, OR DOWN TIME OF THE WEBSITE OUT OF THE CONTROL OF IFD,

PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,

ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,

ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR,

ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT IFD SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OBSCENE, GRAPHIC, CONTROVERSIAL, PORNOGRAPHIC, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by IFD from its facilities in the United States of America. IFD makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

NO WARRANTY NOR GUARANTEES:

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, IFD, ITS OFFICERS, DIRECTORS, MANAGEMENT, EMPLOYEES, STAFF, WEBSITE ADMINISTRATORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.

IFD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

MIS-REPRESENTATIONS OF ANY USER ON THE WEBSITE,

NON-PERFORMANCE BY ANY USER OF THE WEBSITE, ESPECIALLY PRODUCERS AND DISTRIBUTORS,

USERS WHO POSE AS DISTRIBUTORS,

ABUSE OR MISUSE OF THE WEBSITE, OR PAY PER VIEW PROCESS,

USERS WHO SUBMIT CONTENT THAT THEY DO NOT HAVE THE LEGAL RIGHT TO DO SO,

OFF LINE, OR DOWN TIME OF THE WEBSITE OUT OF THE CONTROL OF IFD,

PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,

ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,

ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR,

ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

IFD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IFD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

INDEMNITY:

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless IFD, officers, directors, management, employees, staff, website administrators, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

Your use of and access to the Website;

Your use, misuse, or abuse of the Pay per View process;

Your violation of any term of these Terms of Service;

Your violation of any third party right, including without limitation any copyright, property, or privacy right;

Or any claim that your Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

USER’S ABILITY TO ACCEPT THESE TERMS OF SERVICE:

You affirm that you are either older than 17 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 these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 17, as the Website is not intended for children under 17 without parental guidance and consent. If you are under 17 years of age, then please do not use the Website.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Admin with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to the Admin of this Website by using the “Contact” form provided by this Website, or by contacting IFD directly by mail or by phone.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Admin:

Your physical or electronic signature;

Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Salt Lake City, UT, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Admin, IFD may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at IFD’s sole discretion.

JURISDICTION:

You agree that:

The Website shall be deemed solely based in Utah;

And the Website shall be deemed a passive website that does not give rise to personal jurisdiction over IFD, either specific or general, in jurisdictions other than Utah.

These Terms of Service shall be governed by the internal substantive laws of the State of Utah, without respect to its conflict of laws principles.

Any claim or dispute between you and IFD that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Salt Lake County, Utah.

GENERAL TERMS:

These Terms of Service, together with the Privacy Notice (found at https://www.indiefilmfestival.net/privacy), Producer Certification (where applicable)(found at https://www.indiefilmfestival.net/producercertification), Film Distribution Agreement (where applicable)(found at https://www.indiefilmfestival.net/distributionagreement), and any other legal notices published by IFD on the Website, shall constitute the entire agreement between you and IFD concerning the Website.

If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and IFD’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

IFD reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes.

Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

YOU AND IFD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY FORFEITED.