AGREEMENT BETWEEN USER AND NEW YORK CITY FILM RESOURCE
1. ACCEPTANCE OF TERMS
New York City Film Resource (NYCFR) provides its services to you, subject to the following
prior notice. By using our services, you are agreeing to all of these terms,
conditions and notices, without modification.
2. USE OF SERVICES
NYCFR maintains this web site (the "Site") as a service to its Users. The
information presented herein is for informative purposes only. NYCFR invites
Users to visit its Site and to download and copy information, documents and
materials (collectively, the "Materials") from the Site for personal,
non-commercial use, without the right to resell, redistribute or create
derivative works therefrom, subject to the ToU outlined below. Use of this Site
is at Users sole risk.
Materials provided on this Site are provided "as is", without warranty of any
kind, either express or implied, including without limitation warranties of merchantibility, fitness for a particular purpose, and non-infringement. NYCFR
specifically does not make any warranties or representations as to the accuracy
or completeness of any such Materials. NYCFR periodically adds, changes,
improves, or updates the Materials on this Site without notice. Under no
circumstances shall NYCFR be liable for any loss, damage, liability or expense
incurred or suffered which is claimed to resulted from use of this Site,
including without limitation, any fault, error, omission, interruption or delay
with respect thereto. Under no circumstances, including, but not limited to,
negligence, shall NYCFR be liable for any direct, indirect, statutory,
incidental, special, consequential or punitive damages, or damages for loss of
use, profits, data or other intangibles, or the cost of procurement of
substitute goods or services, arising out of or related to the use, inability to
use, unauthorized use, performance or non-performance of the Site, even if NYCFR
has been advised previously of the possibility of such damages and whether such
damages arise in contract, negligence, tort, under statute, in equity, at law or
User specifically acknowledges and agrees that NYCFR is not liable for any
conduct of any User.
This Site may contain advice, opinions, and statements of various information
providers and content providers. NYCFR does not represent or endorse the accuracy
or reliability of any advice, opinion, statement or other information provided
by any information provider or content provider, or any User of this Site or
other person or entity. Reliance upon such opinion, advice, statement, or other
information shall also be at User's own risk. Neither NYCFR, nor any of its
information providers or content providers shall be liable to any User or anyone
else for any inaccuracy, error, omission, interruption, timeliness,
completeness, deletion, defect, failure of performance, computer virus,
communication line failure, alteration of, or use of any content herein,
regardless of cause, for any damages resulting therefrom. As a condition of use
of this Site, User agrees to indemnify NYCFR from and against any and all
actions, claims, losses, damages, liabilities and expenses arising out of User's
use of this Site, including without limitation any claims alleging facts that if
true would constitute a breach by User of these ToU, User's sole and exclusive
remedy is to discontinue using this Site.
4. LINKS TO THIRD-PARTY WEB SITES
This site contains links to third-party web sites. These linked sites are not
under the control of NYCFR, and NYCFR is under no circumstances responsible for
the contents of any linked site or any link contained in a linked site. NYCFR
provides these links only as a convenience and as a service to Users, and the
inclusion of a link does not imply endorsement of the linked site by NYCFR.
Furthermore, User agrees to use bulletin boards, access to mailing lists or
other message or communication facilities (collectively, "Fora") contained by
this Site only to send and receive messages and material that are proper and
related to the particular Forum. By way of example, and not as a limitation,
User agrees that when using a Forum, User shall not do any of the following:
User acknowledges that all Fora are public and not private communications.
Further, User acknowledges that postings, e-mails and other communications by
other Users are not endorsed by NYCFR, and such communications shall not be
considered reviewed, screened, or approved by NYCFR. NYCFR reserves the right for
any reason to remove without notice any contents of the Fora received from
Users, including without limitation e-mail and bulletin board postings.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as the right of privacy and publicity) of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene,
indecent or unlawful material or information.
- Upload or attach files that contain software or other material protected by
intellectual property laws (or by rights of privacy or publicity) unless you own
or control the rights thereto or have received all necessary consents.
- Upload or attach files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another computer.
- Delete any author attributions, legal notices or proprietary designations or
labels in any file that is uploaded.
- Falsify the origin or source of software or other Material contained in a file
that is uploaded.
- Advertise or offer to sell any goods or services, or conduct or forward surveys,
contests, chain letters or pyramid schemes.
- Download any file posted by another User of a Forum that you know, or reasonably
should know, cannot be legally distributed in such a manner.
- Collect or store personal data about other Users.
5. SUBMISSION, DELETION AND REJECTION OF WEB SITES
NYCFR maintains a web directory aimed at providing links to websites related to
all aspects of the New York City TV, film, video, acting and digital media
communities. NYCFR invites Users to submit relevant sites owned or
created by them, or relevant third-party links for indexing. User acknowledges
that NYCFR has the right, but not the obligation, in its sole discretion to
reject any link submitted to NYCFR. Without limitation of the foregoing, NYCFR
reserves the right to reject and to delete any Materials that violate the ToU or
are otherwise objectionable. Further, User acknowledges that NYCFR may preserve
Materials and may also disclose Materials if required by law or in the good
faith belief that such preservation or disclosure is reasonably necessary to:
6. COPYRIGHT NOTICE
- Comply with legal process.
- Enforce the ToU.
- Respond to claims that any Materials violate the rights of third-parties.
- Protect the rights, property, or personal safety of NYCFR, its users and the
Copyright © 2006 New York City Film Resource. All rights reserved.