| | TERMS
OF USE - Urbanfilmpremiere.com & UFP Weekly1.
ACCEPTANCE OF TERMS We
will refer to the Urbanfilmpremiere.com website as the "Service". We
(that is Urbanfilmpremiere.com and its other business groups and affiliates) will
provide the Service to you, subject to the following terms and conditions - referred
to as the "Service Agreement" or "SA", which may be updated
or modified by us from time to time without notice to you, therefore you need
to regularly check this agreement to stay up to date.
Your use of the Service
will confirm your agreement to these terms and conditions as well as your acceptance
of the changes we make to the SA. In addition, when using particular Urbanfilmpremiere.com
services subject to this SA, you and Urbanfilmpremiere.com shall be subject to
any posted guidelines or rules applicable to such services which may be posted
from time to time. All such guidelines or rules are incorporated by reference
into the SA.
PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE ACCESSING
OR USING URBANFILMPREMIERE.COM.
BY ACCESSING OR USING URBANFILMPREMIERE.COM,
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE URBANFILMPREMIERE.COM.
URBANFILMPREMIERE.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE
TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF URBANFILMPREMIERE.COM SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
2.
DESCRIPTION OF SERVICE Urbanfilmpremiere.com
is a leading internet destination for film, music and lifestyle content on the
Internet. Unless explicitly stated otherwise, any new features that augment or
enhance the current Service shall be subject to the SA. You understand and agree
that the Service is provided "AS IS" and that we do not assume responsibility
for the timeliness, deletion, mis-delivery or failure to store any user provided
content, communications, or personalization settings.
In order to use the
Service, you must obtain access to the World Wide Web, either directly or through
devices that access web-based content, and pay any service fees associated with
such access. In addition, you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and modem or other access
device.
3. YOUR REGISTRATION
OBLIGATIONS Use
of the Service may require you to register and obtain a password. In return for
our enabling you to use the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself when necessary or as prompted
by the Service's registration form (such information being the "Log-In Registration
Data") and (b) maintain and promptly update the Log-In Registration Data
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof). 4.
URBANFILMPREMIERE.COM PRIVACY POLICY Registration
Data and certain other information about you is subject to our Privacy Policy.
For more information, please see our full PRIVACY POLICY by clicking
here. In addition, by using the Service, you acknowledge and agree that Urbanfilmpremiere.com
may preserve Content and may also disclose Content if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the SA; (c) respond to
claims that any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Urbanfilmpremiere.com, its users and the
public. 5. MEMBER ACCOUNT,
PASSWORD AND SECURITY When
the particular service you use requires you to register as described above, you
will also receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify Urbanfilmpremiere.com
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. Urbanfilmpremiere.com
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section.
6.
USE OF THE SERVICE; MEMBER CONDUCT (a) You understand
that all information, data, text, messages, postings, or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you, and not
Urbanfilmpremiere.com, are entirely responsible for all Content that you upload,
post, or otherwise transmit via the Service. If you have included information
available through the Service then you are responsible for making modifications
or updating information to the extent there are errors or updates are required.
Urbanfilmpremiere.com does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is
offensive or objectionable. Under no circumstances will Urbanfilmpremiere.com
be liable in any way for any Content, including, but not limited to, for any errors
or omissions in any Content (for example, if an event posted on Urbanfilmpremiere.com
is listed on the wrong date, place, or time), or for any loss or damage of any
kind incurred as a result of the use of any Content posted, or otherwise transmitted
via the Service.
You agree that you will not use the Service or the information
obtained through the Service (including without limitation, directory or event
listings):- for
solicitations, commercial or otherwise;
- for
incorporation into a commercial product or service;
- to
download directory listings or other information by using any type of automated
means;
- for
the purposes of soliciting, offending or harassing any person or persons;
- to
alter the directory listings, event listings, or other information, or enter additional
listings or Content which in any way: (i) are unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise objectionable,
(ii) violates any patent, trademark, service mark, trade secret, copyright or
other proprietary rights ("Rights") of another, or (iii) are known to
be false or misleading at the time of entry.
- harm
minors in any way;
-
impersonate any person or entity, including, but not limited to, a Urbanfilmpremiere.com
official, or falsely state or otherwise misrepresent your affiliation with a person
or entity;
-
provide any Content that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
- transmit
any material that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
- interfere
with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks connected
to the Service; or
-
intentionally or unintentionally violate any applicable local, state, national
or international law.
(b)
You acknowledge that Urbanfilmpremiere.com does not pre-screen Content in certain
areas of the "Service," but that Urbanfilmpremiere.com and its designees
shall have the right (but not the obligation) in their sole discretion to refuse,
move or remove any Content that is available via the Service. Without limiting
the foregoing, we shall have the right to remove any Content that violates the
SA or is otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge that
you may not rely on any Content created by us or submitted to us.
(c)
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks
or devices.
7. PUBLIC
CONTENT POSTED TO Urbanfilmpremiere.com or UFP Weekly (a)
For purposes of the SA, "publicly accessible areas of the Service" are
those accessible by the general public. By way of example, a publicly accessible
area of the Service would include posting notes on UFP Weekly, Squad Mail Feedback
or Headshots Gallery. Please note that this Content may be seen by anyone using
the Service.
(b) With respect to all other Content you elect to
post to publicly accessible areas of the Service, you grant Urbanfilmpremiere.com
the world-wide royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such Content (in whole
or part) and/or to incorporate it in other works, in any form, media, or technology
now known or later developed.
(c) You represent and warrant that
you have all right, title and interest in, or otherwise have the right to publicly
display all Content that you post to or transmit through the Service and that
the Content you post to or transmit through the Service does not infringe, or
dilute any third party right. 8.
Urbanfilmpremiere.com RIGHTS AND REPRESENTATIONS (a)
Urbanfilmpremiere.com reserves the right to deny access to you or any group of
users to the Service, at its sole discretion, at any time. Urbanfilmpremiere.com
also reserves the right to remove any listings or other information or Content
from the Service at any time and at its sole discretion.
(b)
Urbanfilmpremiere.com cannot and does not guarantee or warrant that files available
for downloading through the Service will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and output, and
for maintaining a means external to the Service for the reconstruction of any
lost data. (c)
Urbanfilmpremiere.com DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE, OR ANY MERCHANTS LISTED ON THE SERVICE,
AND URBANFILMPREMIERE.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. URBANFILMPREMIERE.COM DOES NOT
WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN "AS IS, AS
AVAILABLE" BASIS. IN NO EVENT WILL URBANFILMPREMIERE.COM (OR ITS DIRECTORS,
OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR AFFILIATES)
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE
OR DOWNLOADED FROM THE SERVICE, EVEN IF URBANFILMPREMIERE.COM OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE,
INCLUDING WITHOUT LIMITATION ANY DIRECTORY OR EVENT LISTINGS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, URBANFILMPREMIERE.COM'S LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
9.
INDEMNITY You
agree to indemnify and hold Urbanfilmpremiere.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post to or transmit through the Service,
your use of the Service, your connection to the Service, your violation of the
SA, or your violation of any rights of another. 10.
MODIFICATIONS TO SERVICE Urbanfilmpremiere.com
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that Urbanfilmpremiere.com shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the Service.
11.
TERMINATION You
agree that Urbanfilmpremiere.com, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for
lack of use or if Urbanfilmpremiere.com believes that you have violated or acted
inconsistently with the letter or spirit of the SA. Urbanfilmpremiere.com may
also in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this SA may be effected without
prior notice, and acknowledge and agree that Urbanfilmpremiere.com may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further, you
agree that Urbanfilmpremiere.com shall not be liable to you or any third party
for any termination of your access to the Service. 12.
DEALINGS WITH ADVERTISERS Your
correspondence or business dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser. You agree that
Urbanfilmpremiere.com shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
13.
LINKS The Service
may provide, or third parties may provide, links to other World Wide Web sites
or resources. Because Urbanfilmpremiere.com has no control over such sites and
resources, you acknowledge and agree that Urbanfilmpremiere.com is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that Urbanfilmpremiere.com shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services available
on or through any such site or resource. 14.
URBANFILMPREMIERE.COM'S PROPRIETARY RIGHTS AND IDEA SUBMISSIONS You
acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by Urbanfilmpremiere.com or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
The compilation of
the contents of the Service are copyrighted under the United States copyright
laws. The owner of the copyright is Urbanfilmpremiere.com and in some cases a
third party. Urbanfilmpremiere.com grants you a personal, non-transferable, non-sublicenseable,
and non-exclusive right and license to print and download portions of directory
or event listings from or other information found on the Service solely for your
own non-commercial use. Any other copying, redistribution, retransmission, display
or publication of any downloaded information is strictly prohibited without the
express written consent of Urbanfilmpremiere.com.
You agree to grant to
Urbanfilmpremiere.com a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sublicense, to reproduce, distribute, transmit, create derivative
works of, and publicly display any Content, including directory listings and other
materials or information such as ideas contained therein for new or improved products
and services you submit to Urbanfilmpremiere.com (such as through posting to public
areas or mailing to Urbanfilmpremiere.com) by all means and in any media now known
or hereafter developed. You also agree to grant to Urbanfilmpremiere.com the right
to use your name in connection with the submitted Content as well as in connection
with all advertising, marketing and promotional material related thereto. You
grant Urbanfilmpremiere.com non-exclusive, royalty-free, worldwide permission
to implement or use in any manner and in any media any ideas or information contained
in your communications. You further agree to release Urbanfilmpremiere.com from
any claims of alleged or actual infringement, or misappropriation of any proprietary
rights that may result from such implementation or use.
15.
DISPUTE RESOLUTION Any
cause of action or claim you may have with respect to the Service must be commenced
within one year after the claim or cause of action arises or such claim or cause
of action is barred. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT,
TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT
OF OR RELATING TO THIS AGREEMENT AND THE SERVICE ("DISPUTES") SHALL
BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN WASHINGTON, DC BY A NEUTRAL
ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL
ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitrability of
Disputes shall also be determined by the arbitrator. Each party shall bear its
own expenses, except that the prevailing party may recover the filing costs and
the expenses of the arbitrator from the other party. Any award of the arbitrator
shall be in writing and shall state the reasons for the award. Judgment upon an
award may be entered in any Court having competent jurisdiction. The arbitrator
shall not have the power to order pre-hearing discovery of documents or the taking
of depositions, but may compel attendance of witnesses and the production of documents
at the hearing. The Federal Arbitration Act, 9 U.S.C. Sections 1 to 14, shall
govern the interpretation and enforcement of this paragraph. The parties, their
representatives and participants and the arbitrator shall hold the existence,
content and result of the arbitration in confidence, except to the limited extent
necessary to enforce a final settlement agreement or to obtain or enforce a judgment
on an arbitration decision and award. The foregoing notwithstanding, this agreement
shall not prevent the parties from seeking and obtaining temporary equitable remedies,
including temporary restraining orders, from a court with jurisdiction over the
parties and the subject matter. A request to a court for interim equitable relief
shall not be deemed a waiver of the obligation to arbitrate. 16.
TRADEMARK NOTICES Urbanfilmpremiere.com
and UFP Weekly is a trademark and/or service mark of Urbanfilmpremiere.com, Inc.
Other Urbanfilmpremiere.com products, services and company names mentioned herein
and or applicable Company Web sites may be the trademarks and/or service works
of Urbanfilmpremiere.com. Other product, service and company names mentioned herein
may be the trademarks or service marks of their respective owners.
17.
MISCELLANEOUS This
Agreement shall all be governed and construed in accordance with the laws of the
District of Columbia applicable to agreements made and to be performed in the
District of Columbia . This site is controlled and operated by Urbanfilmpremiere.com
from its offices within the United States of America. Urbanfilmpremiere.com makes
no representation that materials in 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. Urbanfilmpremiere.com failure
to insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any provision
of this Agreement. Urbanfilmpremiere.com may assign its rights and duties under
this Agreement to any party at any time without notice to you. The section titles
in the SA are for convenience only and have no legal or contractual effect.
18.
VIOLATIONS Please
report any violations of the SA by emailing to inquire@urbanfilmpremiere.com
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