Terms of Service
Terms of Use
Last updated: March 11, 2016
1. DESCRIPTION OF INDIEWIRE AND YOUR ACCEPTANCE OF THESE TERMS OF USE
Indiewire, a service of Indiewire Media, LLC, (“Indiewire”, “we” or “us”) provides this site and related services (the “Site” or “Services”) subject to your compliance with the terms and conditions set forth below (“Terms” or “Terms of Use”). Please read the following information carefully. By using the Site you acknowledge that you have read the following Terms and that you accept and will be bound by these Terms which constitute a binding agreement between you and Indiewire.
2. OUR CHANGES TO THESE TERMS OF USE
We may change these Terms of Use at any time, so we encourage you to review them periodically. We will make the most recent version of the Terms of Use available on the Site, at www.indiewire.com/legal, and we will indicate at the top of the Terms the most recent date when they were modified. If you continue to use the Services after we modify the Terms of Use, your use indicates your agreement to the new Terms. Therefore, it is important that you read this page regularly to ensure you are familiar with the most updated Terms of Use. If you do not agree to the changes, you should not continue to use the Services.
3. NOTICE TO PARENTS AND GUARDIANS
If your child is using the Services and is under 13, please contact us immediately so that we can disable his or her access. If you have questions about whether the Services is appropriate for your child, contact us at legal@pmc.com (subject line: “Indiewire”).
WARNING: Even if you are old enough to use the Services, some of the content available within the Services may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
4. PROHIBITED ACTIVITES
In exchange for your access to the Services, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Services or that could cause injury to yourself, to us, or to any third party. Without limitation, you agree not to:
· modify, enhance, or otherwise alter in any way any portion of the Indiewire (or others’) embeddable video player (“Embeddable Player”) or its underlying technology, including by disabling or modifying any portion of the Services in a manner that enables users to view content without using the Embeddable Player; modify, enhance, edit or otherwise alter in any way any portion of the content streamed via (or contained on) the Embeddable Player;
· use technology or other means to access the Services that is not authorized by Indiewire, including accessing the Services through any automated system, including “robots,” “spiders” or “offline readers” (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services);
· introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; damage, disable, overburden or impair the Services or our servers, computer network or user accounts;
· collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications or for any other purpose not explicitly authorized by Indiewire; distribute “spam”; advertise or solicit others to purchase any product or service within the Services or otherwise use the Services for any commercial solicitation purposes;
· use our servers, networks or other facilities for any purpose not explicitly authorized by Indiewire or to interfere with or cause damage to the Services or any other service operated by us or any other party; take any other action that we, in our exclusive discretion, believe may damage or injure you, us or any third party; or
· act in a deceptive manner by, among other things, impersonating any person; misrepresenting your affiliation with a person or entity; conducting fraud; hiding or attempting to hide your identity, except as otherwise permitted; harm or exploit minors; use any information obtained from the Services in order to harass, abuse or harm another person.
Indiewire and its service providers has the right, but not the obligation, to monitor all conduct on the Site and User Comments (defined below) submitted to the Services and to remove any User Comment for any reason, including because the User Comment is deemed to be inappropriate or because third parties have complained regarding the User Comment.
Indiewire has the right to permanently or temporarily terminate, suspend or otherwise refuse to permit your access to the Services without notice or liability for any reason, including if in Indiewire’s sole determination you violate any provision of these Terms of Use or for no reason. Upon such termination, you continue to be bound by these Terms of Use including, without limitation, your representations and warranties and all indemnification provisions.
5. YOUR USER COMMENTS
Indiewire provides registered members of the Indiewire community with the ability to post comments and replies to existing threads or articles we publish (“User Comments” or “Posting”). If you post a comment or reply to an article or to one of our threads, you hereby grant Indiewire all rights in and to such Posting without limitation. We or our service providers and partners may edit, remove, modify, publish, transmit or display the Posting as we see fit. You waive all moral rights that you may have in having a Posting altered or changed in a manner not agreeable to you.
You agree that you will not upload or post or otherwise publish any libelous, defamatory, obscene, pornographic, abusive or illegal material. You agree that you will treat the other members of our community with courtesy and dignity and refrain from any Postings that are discriminatory or would constitute or be perceived as “hate speech.” You also agree not to disrupt discussions or threads with repetitive messages, meaningless messages or “spam.”
The User Comments are also not the place for commercial Postings of any kind (including, though not limited to, advertisements, recruitment efforts, site announcements and program announcements) and any such Postings may be immediately removed. You are welcome to include URLs in your Postings, as long as such Postings do not violate the above.
You understand that credit for authorship of a Posting is solely in your control. If you have chosen to keep your profile private, we will not reveal your identity as the author of the Posting unless required to do so by law. See our Privacy Policy for more information.
6. OUR COLLECTION AND USE OF YOUR PERSONAL INFORMATION
For information about Indiewire’s policies and practices regarding the collection and use of your personal information, please read our Privacy Policy available at www.indiewire.com/privacy. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use you agree that your use of the Services is governed by the Indiewire Privacy Policy in effect at the time of your use.
7. OUR INTELLECTUAL PROPERTY RIGHTS
The contents of the Indiewire Site and Services are provided solely for your personal and non-commercial use. All material published on the Services or forwarded to you by email or other delivery method are protected by copyright and owned or controlled by Indiewire or the party credited with the content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display or otherwise exploit any form any of the content, except as follows:
You may download or copy any of the content on the Services or delivered to you for personal use only, provided that you maintain all copyright and other notices contained therein. In addition, you may forward our email newsletters to whomever you choose provided that you forward the newsletter in its entirety with no alterations or deletions, including, though not limited to, bylines, titles, advertisements and copyright statements.
8. CLAIMS OF COPYRIGHT INFRINGEMENT
In the event that you have a claim of copyright infringement with respect to material that is contained on the Site or in any of our products, please provide our designated copyright agent with the following information:
· identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site or application are covered by a single notification, a representative list of such works at that site or application;
· 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;
· 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;
· 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; and
· a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our copyright agent for notice of claims of infringement on the Services is:
PMC Tower
475 Fifth Avenue
New York, NY 10017
Attn: PMC Copyright Agent
fax: (310) 846-4874
This contact information is only for suspected copyright infringement. If you would like to contact us about another matter, please email us at legal@pmc.com (subject line: “Indiewire”).
We will remove any content
that infringes upon the copyright of any person under the laws of the United
States upon receipt of such a statement (or any statement in conformance with
17 U.S.C. § 512(c)(3)), and will terminate the access privileges of those who
repeatedly infringe on the copyright of others. United States law imposes
substantial penalties for falsely submitting a notice of copyright
infringement. UNDER FEDERAL LAW, IF YOU
KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT
TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY
DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
9. LINKED WEBSITES
The Site contains links to other internet sites. Such links are not endorsements of any products or services in such sites, and no information in such a site has been endorsed or approved by Indiewire. These third-party sites may have different Privacy Policies and Terms of Use, so please check them directly if you have any questions or concerns since Indiewire is not responsible for anything on these sites.
10. SECURITY
We have implemented what we believe are the appropriate technical measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge and agree that you provide your personal information at your own risk.
11. SOCIAL MEDIA
Some users may have the ability to connect certain activities with their Facebook and Twitter accounts. If you choose to connect, you may be able to take advantage of certain social features. These features will be designed to share information with others. In addition, Indiewier has the right to personalize and otherwise enhance your user experience based on your Facebook or Twitter information, such as basic information and “Likes.” Facebook or Twitter may offer ways to manage the information you share with Indiewire. See the Facebook or Twitter websites for details.
BY CONNECTING YOUR INDIEWIRE ACCOUNT TO YOUR FACEBOOK OR TWITTER ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK OR TWITTER, IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK OR TWITTER. IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT LOG IN TO INDIEWIRE FROM FACEBOOK OR TWITTER.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
INDIEWIRE, ITS SITE AND ITS RELATED SERVICES ARE PROVIDED SOLELY FOR THE INFORMATION OF THE USERS OF INDIEWIRE’S SITE AND SERVICES ON AN “AS IS” BASIS. WE DO NOT PROVIDE INFORMATION OR SERVICES WITH THE INTENTION THAT USERS RELY ON ANY INFORMATION FOUND IN THE SITE AND SERVICES FOR ANY PURPOSE. INDIEWIRE WILL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSSES OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR INDIRECT OR CONSEQUENTIAL LOSS ARISING OUT OF ANY USE OF OR INACCURACIES IN THE INFORMATION. ALL WARRANTIES, EXPRESS AND/OR IMPLIED, ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
13. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS INDIEWIRE, ITS OWNERS, INVESTORS, DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS OF DEBT AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE OF AND ACCESS TO THE SERVICES OR CONTENT; (II) SOMEONE ELSE’S AUTHORIZED USE OF YOUR ACCOUNT; (III) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; (IV) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; OR (V) ANY CLAIM THAT YOUR USER COMMENTS CAUSED DAMAGE TO A THIRD PARTY. YOU SHALL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM. INDIEWIRE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUJECT TO INDEMNIFICATION BY YOU. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE OR YOUR ACCESS TO THE SERVICES.
14. TERMINATION
We may terminate your access to the Services at any time and for any reason. Otherwise applicable provisions of these Terms of Use, including without limitation the indemnification provisions, will survive any such termination. In addition, because the license you grant to us in the User Comments that you provide is perpetual, termination of these Terms of Use does not terminate our license to use your User Comments as described elsewhere in these Terms.
15. OPERATED FROM THE UNITED STATES
The Site is controlled and operated from its facilities in the United States. Indiewire makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies or other entities located in the United States.
16. MISCELLANEOUS
GOVERNING LAW AND JURISDICTION. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and to be fully performed therein (without regard to its conflict of laws provisions). Any claim or dispute between you and Indiewire that arises in whole or in part from the Services will be decided exclusively by a court of competent jurisdiction located in New York, New York, unless submitted to arbitration as set forth in the following paragraph.
ARBITRATION. For any claim (excluding claims for injunctive or other equitable relief) under these Terms of Use, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution (“ADR”) provider in New York, New York, mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties and any such personal appearances will take place in New York, New York, unless otherwise agreed to by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY AGREEING TO THESE TERMS OF USE, YOU AND INDIEWIRE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
ASSIGNMENT. You may not assign your rights under these Terms of Use to any third party; we may assign our rights under these Terms of Use without condition.
ENTIRE AGREEMENT. These Terms of Use constitute the entire agreement between you and us regarding the use of these Services and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
SEVERABILITY. The parties agree that each provision of these Terms of Use shall be construed as separable and divisible from every other provision and that the enforceability of any one provision shall not limit the enforceability, in whole or in part, of any other provision hereof.
NO WAIVER. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
INTERNET ACCESS CHARGES. You are responsible for any costs you incur to access the internet.
FEEDBACK. You further agree that Indiewire and its affiliates are free to use for any purpose whatsoever ideas, know-how, concepts, techniques, comments, criticisms, reports or other feedback or content or User Comments posted in response to, as a supplement to or in association with any other content available on or in connection with the Services (“Feedback”), whether oral, written or video/multimedia that you may send to Indiewire or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature and that Indiewire has no duties to you with respect to such Feedback.
17. COPYRIGHT
© 2016, Indiewire Media, LLC. All Rights Reserved. All information and designs on the Site are copyrighted material owned by Indiewire Media, LLC, except certain items that are the property of the original author, in which case the author will be credited. Reproduction, dissemination or transmission of any part of the material found on the Site without the express written consent of the owner is strictly prohibited.
18. TRADEMARK NOTICE
Indiewire®, Indiewire.com, and Criticwire® are trademarks of Indiewire Media, LLC, as is our logo. All other product names and marks on the Site and Services, whether trademarks, service marks or other types and whether registered or unregistered, are the property of their respective owners.
Any downloading, re-transmission or other copying or modification of trademarks and/or content found on the Site or Services may be a violation of federal and state trademark and/or copyright laws and may subject the violator to legal action. No part of the Site or Services may be stored in a retrieval system, reproduced, transmitted or otherwise disseminated in any form or by any means without the prior written consent of Indiewire.
Nothing contained on the Site or Services shall confer or be construed to confer any license or right under any copyright or mark of Indiewire or any third party, except as expressly consented to in these Terms or another writing signed by Indiewire.
19. FURTHER INFORMATION
For questions or for any further information, please contact us at: legal@pmc.com (subject line: "Indiewire").