Effective Date: February 27, 2014
1. ACCESS TO THE SERVICES AND USE OF THE SITE
The Site is offered and available to users who are 13 years of age or older and reside in the United States. We make no claims that the Site or any of its contents are accessible, legal or appropriate outside the United States. By using the Site or the Services, you represent and warrant to Farr on Film that you are an individual (i.e., not a corporation) residing and located in the United States, you are of legal age to form a binding contract, and you are at least 13 years or age or older. You also represent and warrant that you are legally permitted to use and access the Site and the Services and take full responsibility for your access, selection and use of the Site and the Services. If you do not meet all these requirements, you must not access or use the Site or the Services.
You acknowledge and agree that you are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Site and the Services. Except as expressly stated otherwise in writing, you are responsible for all payments and taxes associated with your use of the Site and the Services.
2. YOUR INFORMATION
The Site is not intended for use by children under 13, and no one under age 13 may provide any personal information to us or through the Site or the Services. We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not use the Site or our Services, make any purchases through the links made available on the Site, or provide any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information. If you believe that we might have collected any information from a child under 13, please contact us at email@example.com.
3. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
The Site and its contents, materials, features and functionality (including all information, software, text, displays, graphics, photographs, images, illustrations, video and audio, and the design, selection and arrangement thereof, collectively “Content”) are owned by Farr on Film or its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or industrial property laws. Unless approved by us in writing, you may not use any Content, the phrases “FARR ON FILM,” “BEST MOVIES BY FARR,” or any of our other trademarks, service marks, designs, slogans or trade dress, including the elements that constitute the “look and feel” of the Site, or any similar marks. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners. Any alteration, modification, or change of any kind to the titles, patents, trademarks, copyrights or other proprietary notices on the Site by you is strictly prohibited and constitutes a violation of our rights or the rights of others, in intellectual property or otherwise.
4. NO UNLAWFUL OR PROHIBITED USE
Proper usage of the Site and the Services does not include, and you agree not to:
(a) Use the Site or the Services to distribute or procure the distribution of unsolicited messages, advertising or promotional materials;
(b) Defame, abuse, harass, stalk, threaten, embarrass, exploit, harm or attempt to exploit or harm or otherwise violate, infringe upon or misappropriate the legal rights (including intellectual property rights and rights of privacy and publicity) of others;
(d) Use or disseminate malicious or disabling code, including viruses, Trojan horses, worms, time bombs, corrupted files, or bots, or any robot, spider, or other automated means of access or scraping, or take any action that could disable, overburden, damage or impair the Site or interfere with any person’s use of the Site or impose an unreasonable load on our infrastructure;
(e) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server or any computer or database connected to the Site or otherwise attempt to interfere with the proper functioning of the Site;
(f) Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Site; or
(g) Create a false identity or misrepresent your identity for the purpose of misleading others.
This list is not definitive or complete but is intended to demonstrate some of the prohibited uses.
Under no circumstances will Farr on Film 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 in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Site or the Services. You are solely responsible for taking all precautions necessary or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code.
5. WARRANTY DISCLAIMERS
The Site may include links to third party websites that are not owned or controlled by Farr on Film. These links are provided for your convenience only and if you access any such websites, you do so entirely at your own risk and subject to the terms and conditions of such websites. You acknowledge and agree that we have no control over, and assume no responsibility for, the content, accuracy, policies or practices of any such third party websites, or for any content, opinions, products or services made available through such websites. Your interactions with third party websites linked to the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that Farr on Film shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
THE SITE AND ALL CONTENT ON THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, QUALITY, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, TITLE, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES. FARR ON FILM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THE SITE AND ITS CONTENTS MAY CONTAIN ERRORS OF PUBLICATION, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND FARR ON FILM DOES NOT REPRESENT THAT THE SITE OR THE CONTENTS THEREOF, OR THE PROVISION OF THE SERVICES, WILL BE RELIABLE, INTERRUPTION OR ERROR FREE, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL FARR ON FILM OR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOST PROFITS, LOSS OF DATA, EXEMPLARY OR PUNITIVE DAMAGES, AS A RESULT OF ANY CLAIMS RELATED TO ACCESS TO OR USE OF THE SITE OR ANY WEBSITES LINKED TO THE SITE OR THE SERVICES, OR ANY CONTENT ON THE SITE OR WEBSITES LINKED TO THE SITE, OR ANY ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, OR WITH ANY THIRD PARTY RELATED TO YOUR USE OF THE SITE OR THE SERVICES, OR YOUR PURCHASE OF GOODS OR SERVICES FROM A THIRD PARTY WEBSITE LINKED TO THE SITE, YOU RELEASE FARR ON FILM FROM ANY AND ALL CLAIMS AND DAMAGES ARISING OUT OF SUCH DISPUTES. IF FARR ON FILM OR ANY OF ITS AFFILIATES IS FOUND LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, THEN THE CUMULATIVE LIABILITY OF FARR ON FILM SHALL BE LIMITED TO $100.
You hereby agree to defend, indemnify and hold harmless Farr on Film, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, successors and assigns from and against any claims, actions, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Site or the Services, any violation of the terms of this Agreement or the policies incorporated herein, any illegal conduct that you commit, and any violations of any person’s rights, including infringement or misappropriation of the intellectual property rights of any person.
8. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be construed and interpreted in accordance with the laws of the State of New York, without regard to conflicts of laws principles. Any disputes or claims that arise from or in connection with this Agreement shall be settled by binding arbitration administered by the American Arbitration Association, under the Arbitration Rules then in effect, and determined by three (3) arbitrators appointed in accordance with said Rules. The place of arbitration shall be New York, New York, and the language to be used in any arbitration shall be English. The arbitration proceedings and the resolution thereof shall be completely confidential, subject only to disclosures that may be required by law or necessary to enforce an award. The award rendered in connection with such arbitration shall be final and binding upon the parties hereto and may be entered in a court (state or federal) of competent jurisdiction within the County of New York, State of New York or any court having jurisdiction thereof. The parties consent to the jurisdiction of any such court and waive any objection they may have in any action before such courts based on lack of personal jurisdiction, improper venue or inconvenient forum. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
You agree that Farr on Film may immediately terminate or suspend your access to all or any part of the Site or the Services, and may remove any Content or third party links at any time with or without cause upon written notice to you. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of applicable laws, the terms of this Agreement, or other incorporated policies, (b) your use of illegal, obscene or objectionable conduct, or repeated complaints from other users regarding your conduct, or (c) your violation of any person’s rights, including intellectual property rights. Upon termination of your access to the Site and the Services, your right to access and use the Services and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The provisions of this Agreement are severable. If any part of this Agreement is found to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision. This Agreement, including the policies incorporated by reference herein, is the entire agreement between you and Farr on Film and supersedes any other oral or written communications, agreements or representations with respect to the subject matter contained herein.
The Site and Services hereunder are offered by Farr on Film, located at 230 W. 78th Street, Suite 3A New York, NY 10024.
All feedback, comments and other communications relating to the Site and the Services should be directed to firstname.lastname@example.org or the mailing address above.
FTC Disclosure of Material Connections:
Farr on Film aims to provide unbiased reviews. However, we wish to disclose that the Site generates revenue based on affiliate relationships with third parties, including Amazon, eBay and others, that sell products or provide services related to some of the content that we provide on the Site. If you click on an “Affiliate Link,” you will be redirected to one of our affiliates’ websites, and we get paid a commission if you purchase anything from our affiliate. The Site may also include “Sponsored Posts,” which means that the company who sponsored the post compensates us through a cash payment, gift or something else of value to write the post.