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Terms of Use

The information found here relates to MobileMovieMaking magazine (hereinafter MMM).

When using MobileMovieMaking’s website (hereinafter the “Site”), you agree to be legally bound by these TERMS OF USE (hereinafter “TOU”). All aspects of the TOU may be changed without notification to individual users apart from publishing the revised TOU on the Site.

Please review the TOU carefully.

Site Ownership

IndieFilmConnect, LLC owns the website www.mobilemoviemaking.com (hereinafter “MMM”).

Agreement to Terms of Use

This TOU agreement applies to MMM. The agreement also covers related pages on YouTube.com, Facebook, and other sites developed by the MobileMovieMaking team.

By visiting and using this Site, you agree to the terms of use described here. If you do not agree, please do not use the site.

Changing the Terms of Use

MMM reserves the right, at its sole discretion, to correct, change, add or delete portions of the TOU at any time. We may highlight changes in this document, but if you ever are concerned about the possibility of changes, you should read the entire document to make sure that you understand what we’re agreeing to. The TOU will be available at all times that the Site is functioning. The latest version of the TOU is the one in effect, so do not rely on a version that you downloaded in the past.

Overview of the Terms of Agreement

If you agree to TOU, MMM grants you the non-exclusive, non-transferable, privilege to use the Site for one or more of following activities:

1.  Reading the content of the posts (articles).

2. Taking part in MMM’s competitions by submitting one or more videos.

3. Viewing the videos displayed on the Site.

4.  Commenting on posts after you subscribe.

5. Accessing information, to be used at your own discretion and risk

Content

All designs, videos, text, graphics, interfaces, trademarks and logos, sounds and music, and computer code (collectively, “Content”) and structure of such items found on the Site belongs to—or is licensed by— MMM. All this material is protected by copyright, trademark, and/or other legal arrangements and may not be used without obtaining MMM’s prior written permission The content of the videos entered into competitions is owned by the entrants submitting the videos.

Other than in ways described by TOU, you may not copy, reproduce, republish, or display any parts or the entire Site without obtaining MMM’s prior written permission.

You may use information on this Site (such as text articles and videos in the Tips section) provided that you:

  1. Don’t remove credits and text relating to copyright or other protections.
  2. Use such information or material only for your personal instruction and/or work.
  3. Don’t copy or post such information on any networked computer or broadcast it in any media without MMM’s prior written permission, which may involve also getting permission from the owners of licensed material.
  4. Don’t change the information and then send it to other people.
  5. Don’t claim that the material belongs to you or that you have the right to give anyone else the permission to use or modify it.
  6. Don’t try to use any techniques—hand or automated—to take any material for uses not permitted here, or to obtain MMM’s private information not meant to be shared with the public.
  7. Don’t try to corrupt or change the Site or any activities and services provided by the Site, for example, by attempting to defeat the Site’s security structure.
  8. Don’t try to find and remove information about other people using the Site
  9. Don’t try to interfere with the Site’s functions.
  10. Don’t try bringing down the Site by overloading the host’s server or through other means.
  11. Don’t pretend to be someone other than you are, for example, for the purpose of commenting on an article.
  12. Don’t copy Site elements and use them to counterfeit the Site.
  13. Don’t present yourself as someone working for MMM.
  14. Don’t use the Site or any part of the Site or its Content for any illegal purpose or for a purpose prohibited by the TOU or for a purpose that infringes the rights of MMM or any individual.
  15. Don’t verbally attack, bully, or denigrate any individual or any protected group (for example, a group defined by race, gender, religion, or national origin).

Other Rules 

Additional rules may apply to the purchase of goods or services (for example, providing script notes) and to specific portions or features of the Site, including MMM’s contests. All such other rules are hereby to be considered a part of this TOU. Specifically, if you enter MMM’s contest, you must agree to the rules governing that contest. For example, those rules require that you are of an age to make a legal contract, or else that you get the permission of a parent or guardian.

MMM’s obligations, if any, with regard to its products and services are determined entirely by the agreements stated on this Site. Do not rely on any other statements made by anyone else.

MMM may change any products or services offered on the Site, and may change the price of any product or service, at any time, without notice. But price changes will not be retroactive. As an example, we reserve the right to raise or lower the fee for entering the Competition, but we will not reduce the amount of the cash prizes.

The materials on the Site with respect to products and services may be out of date, and MMM makes no commitment to update the Site regarding such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

Privacy

1. If you submit an entry to MMM’s competitions, when posting the entry for public viewing, we may reveal to the public your name, the title of your video, the logline, the genre, and the tag words. But we will not reveal or sell or share your personal information (snail mail address, telephone number, credit card information) with anyone else or any other organization except in the case of dealing with TOU or legal violations as described below.

2. If you visit the site to view the entries, to vote for the People’s Choice Award, or to study the Tips, we will not collect information from you that we would later share or sell to anyone else or any organization except in the case of dealing with TOU or legal violations as described below.

3. We may ask you to sign up for an online newsletter or similar publication, but you will not be obligated to do this.

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under MMM’s control, and MMM is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

MMM will do its best to correct errors and resume normal functioning if a problem occurs, but we cannot guarantee that the site will be error-free or that operation will be uninterrupted. We cannot guarantee that the site will operate as you expect or give you the results that you anticipate. The Site is delivered on an “as-is” and “as-available” basis.

All information on the site may be changed without notice. This includes, but is not limited to, deadlines related to MMM’s competition.

We do not guarantee the material you download from the Site will be free of viruses or other computer-related problems. We make no warranties regarding accuracy, non-infringement, merchantability, and fitness for a particular purpose. Nor do we accept liability for the acts, omissions, and conduct of any third person parties in connection with your use of this Site.

You assume the total responsibility for using this Site and related sites. If you are not satisfied with the materials, services, and operation of this site, stop using it.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

MMM reserves the right to do any of the following, at any time, without notice:

1. To modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason.

2. To change the Site in any way and to change the TOU in any way.

3. To suspend the operation of the Site in order to perform routine or non-routine maintenance, error correction, or to make other changes.

Limitation of Liability

Except where prohibited by law, in no event will MMM be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if MMM has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, MMM is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, MMM’s liability shall in no event exceed the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against MMM. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold MMM, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against MMM by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

MMM may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) MMM’s rights or property, or the rights or property of visitors to or users of the Site. MMM reserves the right at all times to disclose any information that MMM deems necessary to comply with any applicable law, regulation, legal process or governmental request. MMM also may disclose your information when MMM determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that MMM may preserve any transmittal or communication by you with MMM through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or MMM determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of MMM, its employees, contractors, users of or visitors to the Site, and the public.

You agree that MMM may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to MMM, for which monetary damages would be inadequate, and you consent to MMM obtaining any injunctive or equitable relief that MMM deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MMM may have at law or in equity.

You agree that MMM may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If MMM does take any legal action against you as a result of your violation of these Terms of Use, MMM will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to MMM. You agree that MMM will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Marin County or San Francisco County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between MMM and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

MMM administers and operates the Site from its location in Inverness, California USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. MMM reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and MMM with regard to your use of the Site the exception of the rules that you must agree to if you are entering MMM’s competition. Any and all other written or oral agreements or understandings previously existing between you and MMM with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with MMM, MMM will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. MMM’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by MMM of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between MMM and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. MMM shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

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