b. Access and Retention. In order to access and retain this electronic Agreement, you must have 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 use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be at least eighteen (18) years of age to list property or use the Website. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. This includes but is not limited to rightful ownership of any property you list with FilmItUSA.com and/or your status within the film, video and entertainment industries.
3. Registration and Subscription; Pricing.
All fees are subject to change without notice with any change taking effect immediately. Such changes would not affect any member who is in good standing at the time of their subscription renewal.
a. Subscribers. To list your property with the Service you must subscribe to FilmItUSA.com at the then current annual subscription fee and maintain an active subscription thereafter.
b. Film Crew. We reserve the right to deny you access to the database should you provide false information on your sign up form, if it proves that you are not a film professional, or that you are not actively involved in a legitimate production with a possible need of any resources available in FilmItUSA.com’s database.
This Agreement will remain in full force and effect while you use the Website. You may terminate your subscription at any time, for any reason, by clicking on the Unsubscribe button and following PayPal’s instructions and sending FilmItUSA.com written notice of termination to Thomas Smith Productions, or email notice of termination to FilmItUSA@gmail.com. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination, unless you instruct us otherwise). FilmItUSA.com may terminate your subscription by sending notice to you at the email address you provided, or such other email address as you may later provide to FilmItUSA.com. If FilmItUSA.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of any portion of your subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of FilmItUSA.com. FilmItUSA.com is not required to provide you notice prior to terminating your membership and/or subscription. FilmItUSA.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
5. Non-commercial Use by Members.
Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of FilmItUSA.com, which may be revoked at any time, for any reason, in FilmItUSA.com’s sole discretion.
6. Account Security.
You are responsible for maintaining the confidentiality of any username and password that you may receive during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify FilmItUSA.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FilmItUSA.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in features.
7. YOUR INTERACTIONS WITH OTHER MEMBERS.
You are solely responsible for any negotiations between yourself and any party for the use of your listed resource. You understand that FilmItUSA.com does not represent any member, their property, their company, or is party to any contract between members. In no event shall FilmItUSA.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or business transactions between members of this service. You understand that FilmItUSA.com makes no guarantees, either express or implied, that a property will be rented by a production company or that a search of the database will provide the resource a production company is seeking.
8. Content on FilmItUSA.com
Proprietary Rights. FilmItUSA.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of FilmItUSA.com, and its members. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
9. Content Posted by You on FilmItUSA.com.
a. You are solely responsible for the Content that you provide for inclusion on the Service, or transmit to any other party in conjunction with activities related to renting of a filming resource. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to FilmItUSA.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify FilmItUSA.com of such change and where possible makes corrections to your information.
b. You understand and agree that FilmItUSA.com may review and delete any Content, in whole or in part, that in the sole judgment of FilmItUSA.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
c. By posting Content to FilmItUSA.com, you represent and warrant that you have the right to do so either as owner, or as agent for owner, of the property described in said posting. You further represent and warrant that the posting and use of your content by FilmItUSA.com will not infringe or violate the rights of any third party.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. FilmItUSA.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• promotes information that you know is false, misleading or promotes illegal activities;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
e. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
f. Although FilmItUSA.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person or to transmit any chain letters or junk email to other Members You may not engage in advertising to, or solicitation of, other Members.
g. Reliance on Content, Advice, Etc. Opinions, advice, statements, or other information or content made available through the Service, but not directly by FilmItUSA.com, are those of their respective authors. Such authors are solely responsible for such content. FilmItUSA.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will FilmItUSA.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
h. All information you include in your Member profile must be accurate, current and complete.
10. Prohibited Activities.
FilmItUSA.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
• You will not impersonate any person or entity.
• You will not express or imply that any statements you make are endorsed by FilmItUSA.com without our specific prior written consent.
• You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
• You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
• You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
• You will not post, email or otherwise 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.
• You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
• You will not “frame” or “mirror” any part of the Service or the Website, without FilmItUSA.com’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to FilmItUSA.com or the Service or the site in order to direct any person to any other web site for any purpose.
• You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
11. Customer Service.
When communicating with a FilmItUSA.com representative, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our representatives is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of subscription fees.
12. Subscriptions; Charges for Services.
(a) General. FilmItUSA.com currently only accepts payments via PayPal® for use of Services. FilmItUSA.com does not have access to any member’s financial information. It is the member’s responsibility to update PayPal® with any changes in their account information. FilmItUSA.com takes no responsibility for any loss or disruption of services due to non-payment of fees
(b) Auto-renewal. Your FilmItUSA.com subscription will be automatically extended for successive renewal periods of the same duration and price as the subscription term originally selected. To change the duration of your subscription contact us at Subscription. To unsubscribe from FilmItUSA.com click on the Unsubscribe button found at the bottom of most web pages on the FilmItUSA.com website and contact us at Do Not Renew insure your information is properly removed and to be eligible for any refund. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
13. Modifications to Service.
FilmItUSA.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FilmItUSA.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
14. Blocking of IP Addresses.
In order to protect the integrity of the Service, FilmItUSA.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
15. Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Send any notice of claims of copyright infringement to: Thomas Smith Productions, FilmItUSA.com, Attn: LEGAL at 25852 McBean Parkway #1101, Valencia, CA 91355.
16. Member Disputes.
You are solely responsible for your interactions with other FilmItUSA.com Members. FilmItUSA.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
FilmItUSA.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, subscribers or by any of the equipment or programming associated with or utilized in the Service. FilmItUSA.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. FilmItUSA.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. FilmItUSA.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will FilmItUSA.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and FilmItUSA.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FilmItUSA.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. FilmItUSA.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FilmItUSA.com has no control over such sites and resources, you acknowledge and agree that FilmItUSA.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 FilmItUSA.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 the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
20. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will FilmItUSA.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if FilmItUSA.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, FilmItUSA.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you to FilmItUSA.com for the Service during the term of membership.
21. U.S. Export Controls.
Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
22. Jurisdiction and Choice of Law.
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in Los Angeles County, for the resolution of any such dispute.
23. Indemnity by You.
You agree to indemnify and hold FilmItUSA.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
24. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
This Agreement contains the entire agreement between you and FilmItUSA.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement. FilmItUSA.com is a service of Thomas Smith Productions.