TERMS OF SERVICE

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ANNOUNCEMENTS

Filmaka International Submissions

FILMAKA.COM
TERMS OF SERVICE

Welcome to the www.filmaka.com Web site (the “Site”). The Site is owned and operated by Filmaka Inc. (“Filmaka,” “we” or “us”). Please review the following terms of use (the “Agreement”) carefully. You understand that the Site is for entertainment purposes only.

1. Acceptance of Agreement. Your use of the Site, and participation in any competitions, features, or offers presented on the Site (collectively, “Features”), is subject to the terms and conditions set forth in this Agreement, including Filmaka’s Privacy Policy (“Privacy Policy”), available at www.filmaka.com/privacy, and any other rules or guidelines that may be applicable to particular Features on the Site (collectively, the “Rules”), which are hereby incorporated by reference into this Agreement.

If you do not agree to this Agreement, please do not use the Site. Any new Features added to the Site shall also be subject to this Agreement. By using the Site, registering for an account on the Site, and/or participating in a Feature, you agree that you have read, understand and agree to be legally bound by this Agreement. Filmaka may at any time modify or revise this Agreement in its discretion and will post a copy of the amended Agreement on the Site. Your continued use of the Site following the posting of any change constitutes your agreement to such change. If you do not agree to the amended Agreement, your only remedy is to stop using the Site. We recommend you regularly check this webpage for any updates and/or changes.

2. The Site. The Site is a social networking community Web site, which provides an online platform for emerging and professional filmmakers to present their work and compete for filmmaking opportunities, including opportunities to work with brands, media companies, publishers, and advertisers.

3. Registration. In order to participate in any interactive Feature on the Site (such as to upload a video, post a comment, review, or question; create a profile page; participate or vote in a competition; send messages to other Filmaka members; or take advantage of any other Features on the Site) you must first register for an account, thereby becoming a “Member.”

a.     To register, click on the “Registration” link at www.filmaka.com/registration and follow the on-screen instructions. You will need to supply certain registration information that may include, without limitation, user name, password, e-mail address, and first and last name (“Registration Data”). You must be at least 18 years of age or older to register and create an account. You warrant that all Registration Data that you supply is accurate and you agree to update your Registration Data as necessary to keep it up to date and accurate. Filmaka may use any Registration Data provided in accordance with its Privacy Policy. If you provide Registration Data that is untrue, inaccurate or incomplete, or Filmaka suspects in its sole discretion that you have done so, Filmaka reserves the right to suspend or terminate your account and all use of and access to the Site by you.

b.   Access to your account is through a combination of both your user name and password. Your user name will be your alias on the Site and will be associated with all of your posts to the Site. We reserve the right to require you to change your user name in the event we determine, in our sole discretion, that the user name you created is offensive. You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. You must notify Filmaka immediately of any breach of security or unauthorized use of your account. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you will be liable for any such unauthorized use. Filmaka will not be responsible for any unauthorized use of your account and will not be liable for your losses caused by any unauthorized use of your account.

c.   Members must log in each time they visit the Site in order to use any interactive Feature. They also have the ability to create a personal Filmaka profile page that can be viewed by other Site users. The Filmaka profile pages can include Members’ videos, and links to Members’ personal Web sites. The creation of a Filmaka profile page is required in order to communicate with other Members using the Site’s personal email messaging system or to be added as a friend to another Member’s Filmaka page.

d.   Non-registered users (“Visitors”) may view Member profile pages and videos, and read comments and reviews on the Site. Visitors may not participate in any interactive Features on the Site, but are still subject to the terms of this Agreement.

4.  User Conduct. The Site is provided to Members and Visitors (collectively, “Users”) for their personal use. Any unauthorized commercial use of the Site is prohibited. The use of the Site to solicit business for any competitive Web site or service is also prohibited. You are solely responsible for the content and context of any materials you post or submit through the Site or that are posted or submitted using your account. Please choose carefully what you post or submit. You warrant and agree that while using the Site, you will not:
     • use the Site in any manner contrary to its authorized use and the terms of this Agreement;
     • sublicense, sell, rent, lease, transfer or exploit any right in any portion of the Site;
     • alter or modify any portion of the Site;
     • distribute any portion of the Site;
     • sell information associated with the Site;
     • remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or    accessed in conjunction with the Site;
    • use the Site in connection with chain letters, junk email, spamming, or unsolicited messages (commercial or otherwise), or advertising of any kind;
    • harvest or otherwise collect information about others, including email addresses, without their consent;
    • create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;
    • upload, post, transmit, distribute or otherwise publish through the Site unlawful, harassing, defamatory,  abusive, threatening, harmful, vulgar, profane, obscene, libelous, hateful, pornographic, sexually explicit, violent, false, misleading, offensive, invasive of another’s privacy, or otherwise objectionable material;
   • upload, post, transmit, distribute or otherwise publish any material that infringes or may infringe the intellectual property rights or other rights of third parties, including without limitation, trademark or copyright;
   • upload, post, transmit, distribute or otherwise publish any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious computer code, program or file designed to interrupt, destroy or limit the functionality of any computer service or hardware or telecommunications equipment;
   • upload, post, transmit, distribute or otherwise publish any material that you do not have a right to upload, post, transmit, distribute or otherwise publish under any law or any contractual or fiduciary relationship (such as inside information or proprietary and confidential information learned or disclosed as a part of employment relationships or under non-disclosure agreements);
   • upload, post, transmit, distribute or otherwise publish a photograph or video of another person without that person’s consent;
   • use the Site to violate any applicable law restricting the export or import of data, software or any other content;
   • damage, interfere with or disrupt the Site or servers or networks connected to the Site or violate the regulations, policies or procedures of such networks;
   • decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Site or obtain the intellectual property, trade secrets or other proprietary information embodied in the Site;
   • gain or attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or by any other means;
   • circumvent, disable or otherwise interfere with security-related features or other features that prevent or restrict the copying or use of any content on the Site;
   • interfere with another User’s use and enjoyment of the Site;
   • impersonate any person or entity or misrepresent your affiliation with a person whose content appears on the Site;
   • intentionally or unintentionally violate any applicable local, state, national or international law;
   • use the Site in any unethical manner or contrary to accepted community standards; or
   • engage in or encourage conduct that would constitute a criminal offense or give rise to civil liability.

5. Member Content. You are solely responsible for the videos, comments, messages, photos and other content that you post or publish on the Site (“Member Content”). You represent and warrant that (a) you own or have the necessary licenses, rights, consents, and permissions to use the Member Content, to include the Member Content on the Site, and to permit other Users to use and download or print copies of the Member Content, (b) you authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Member Content, and (c) you will not submit Member Content that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the Member Content and to grant us all of the license rights granted herein.
Except as may be otherwise provided for in any applicable Rules, you retain all of your ownership rights in your Member Content. By posting Member Content on the Site or otherwise submitting it to us, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, reformat, excerpt (in whole or part) and translate the Member Content for any purpose in connection with the Site, our (and our successors’ and affiliates’) business and the promotion thereof or any other purpose in any media format and through any media channels, and to grant and authorize sublicenses of the foregoing. You also hereby grant each User a non-exclusive license to access your Member Content through the Site, and to use, reproduce, distribute, display and perform such Member Content as permitted by this Agreement. The above licenses granted by you in Member Content are perpetual and irrevocable. We may remove Member Content at any time. You agree that we may retain archival copies of Member Content that has been removed or deleted. You understand and agree that we will not be required to treat any submission of Member Content as confidential.

6. Flagging Member Content. Users can flag Member Content that they believe is inappropriate or offensive by clicking the “flag content” link below the post and completing the online form. Flagged posts are submitted to Filmaka administrators for review and final action. The poster may be alerted if Member Content has been deemed unacceptable and removed from the Site.

7. No Spam. Filmaka will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

8. Intellectual Property. You acknowledge and agree that all content and materials available on the Site, including but not limited to, our name and logos, are protected by intellectual property and other laws. Except as expressly authorized by us, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer and you may print copies of comments, reviews and email messages for your personal non-commercial use, provided you keep intact all proprietary and other notices.

9. Copyright Infringement Claims. In appropriate circumstances and at our sole discretion, we may suspend or terminate the access of and take other action against Members who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512):

   • A physical or electronic signature of 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 us to locate the material;
   • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
   • A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notification should be sent to our copyright agent:

Soumya Sundaresh
Office Manager
Filmaka Inc.
7955 W. 3rd Street
Los Angeles, California 90048
Fax: 323 634-1575
soumya@filmaka.com

10. Monitoring. You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material and content anywhere on the Site. The poster may be alerted if Member Content has been deemed unacceptable and removed from the Site. Notwithstanding this right, we are not responsible for any materials posted by Members.

11. Use of the Site. We make no representations that the content and materials on the Site are appropriate, available or legal in any location outside of the United States. Those who choose to access the Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

12. Modifications to the Site. We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site, including but not limited to, content, Features, bandwidth, storage restrictions or hours of availability. We may impose limits on certain Features of the Site or restrict your access to part or all of the Site without notice.

13. Endorsements. All products and marks that appear on the Site that are not Filmaka’s products or marks are the products or marks of their owners. Reference to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply endorsement, sponsorship or recommendation of the third party information, product or service. Similarly, Filmaka does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and Filmaka expressly disclaims any and all liability in connection with Member Content.

14. Privacy. For an explanation of our online information practices with regards to information collected or submitted to the Site, please see our Privacy Policy.

15. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR (A) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF ANY CONTENT ON THE SITE, (C) ANY VIRUSES, BUGS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY, OR (D) THE CONTENT OF ANY POSTS OR MESSAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

16. LIMITATION OF LIABILITY. IN NO EVENT WILL FILMAKA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE USE OF, OR INABILITY TO USE, THE SITE, (B) THE DELETION OR FAILURE TO STORE ANY MESSAGES AND OTHER COMMUNICATIONS OR OTHER MATERIALS MAINTAINED OR TRANSMITTED BY US ON YOUR BEHALF, (C) THE SITE CONTENT, MATERIALS OR FUNCTIONS, (D) MEMBER CONTENT, (E) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, INCLUDING PERSONAL INFORMATION CONTAINED THEREIN, (F) ANY VIRUSES, BUGS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY, (G) THE CONTENT OF ANY POSTS OR MESSAGES, OR (H) THE CONDUCT OF ANY THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.

17. Indemnification. You agree to defend, indemnify and hold us and our officers, directors, employees, agents, licensees, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred or suffered by any of them in connection with any claim arising out of or related to (a) your use of the Site, (b) your breach or violation of this Agreement, (c) your dispute with another User, (d) the unauthorized access to any password-protected area of the Site using your password, or (e) your violation or alleged violation of any third party right, including without limitation copyright or privacy right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle or otherwise dispose of any matter without our prior written consent.

18. Termination. This Agreement constitutes a binding agreement between you and us until terminated by you or us, which we may do at any time, without notice, in our sole discretion. Filmaka reserves the right to terminate the account of repeat copyright infringers or Members whose posts are repeatedly flagged and/or removed because of inappropriate content. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.

19. Choice of Law; Forum. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law provisions. Any controversy involving us arising from or in any way related to this Agreement or your use of the Site will be heard in the appropriate State or Federal court in Los Angeles County, California, and you irrevocably consent to the jurisdiction of such courts.

20. Notices. Except as explicitly stated otherwise, any notices will be given by email to us at info@filmaka.com or to you at the email address you provide to us. Notice will be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

21. General Provisions. This Agreement, including our Privacy Policy and any other Rules, constitutes the entire agreement between you and Filmaka and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision will be enforced to the maximum extent possible so as to effect the intent of this Agreement, and the remainder of this Agreement will continue in full force and effect. The failure by either you or us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction. You agree that any cause of action arising out of or related to the Site or this Agreement must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, and limitation of liability will survive the termination of this Agreement.

22. Contact Information.
If you have any questions or comments about this Agreement, we can be contacted at:

Filmaka Inc.
7955 W. 3rd Street
Los Angeles, CA 90048
info@filmaka.com