Effective Date: Dec 22, 2015
These Terms of Service (the Terms) constitute a legally binding agreement between you and Film Fest Party List, LLC (hereinafter referred to as Film Fest) governing your access and use of filmfestpartylist.com (the Site) and the software, services and products made available through the Site (collectively the Services).
By checking the I Agree to the Terms button or (i) accessing or using any part of the Site or (ii) initiating any transaction on the Site, you agree to be bound by these Terms of Service.
Internet technology, and the applicable laws, rules and regulations change frequently. Film Fest reserves the right to make changes to these Terms of Service at any time.
1. Film Fests Service
Film Fest provides the most comprehensive compilation of events, parties, and hottest events occurring at featured film festivals, as well as information related to housing, transportation and local attractions so that you can make the most of your film festival experience.
Film Fest is not affiliated with or a sponsor of the featured film festivals or of any of the events identified on the Site or the Film Fest Party List.
2. General Rules About Creating Accounts Eligibility
Most users can access the Site without registering for an account. However, if you want to post an housing opportunity on our Housing Forum, you will have to establish an account through the online registration process, which will require you to provide your name, a valid email address, password and accept these Terms of Service.
Account Security: You are responsible for safeguarding your password and agree not to disclose your password to any third party. You are solely responsible and liable for any activities or actions taken under your password, whether or not you have authorized such activities or actions. Film Fest shall not be liable for any loss or damage arising from your failure to keep your password or account secure.
3. Film Fest Party List
Film Fest makes available for sale a comprehensive list of events being held during the featured film festival (Film Fest Party List), which includes information related to the parties, fundraisers, dinners, brunches, lounges, panels, concerts, workshops and other activities (collectively events) occurring during the featured film festival.
Price: The Price for the Film Fest Party List is subject to change at any time.
Content: The events featured in the Film Fest Party List may be modified as additional events are added or discovered over time.
No Refunds: Once the Film Fest Party List is purchased on the Site, Film Fest shall not make any refunds for any reason at any time.
Payment Authorization: When you place an order for the Film Fest Party List, you expressly authorize us to process all charges through Paypal.
Film Fest Disclaimer: Film Fest compiles the information on the Film Fest Party List and its Site from industry and other third party sources. Obtaining the list does not guarantee access to any events identified on the List. Film Fest does not control or operate the guest list, venue, event access, personnel or activities that occur at any events identified on the List. Film Fest shall not be liable for damages that may result from your (1) purchase of the Film Fest Party List, or (2) participation in, or inability to participate in, any events identified on the Film Fest Party List or Site.
4. License to Use the Services
In accessing and using Film Fests Site and Services, Film Fest hereby grants a limited, non-transferable, revocable license (License) to access and use the Site and Services during the term of this Agreement.
5. Access to the Film Fest Party List
When you purchase the Film Fest Party List on the Site, Film Fest will share your email to a third party application, sched.org (Sched) which will require you to create an account to login to Sched to access the Film Fest Party List. If you purchase the Film Fest Party List, you will be required to accept Sched’s Terms of Service.
6. Sharing or Copying of The Film Fest Party List is Prohibited
The Film Fest Party List purchased through the Site is for your personal use only and may not be published, reproduced or distributed in any form, either through hard copy or through any form of digital transmission, for any purpose without the express written consent of Film Fest.
Sharing your Sched login information with any third party is strictly prohibited. Users who share their account login information with any third part to permit access to the Film Fest party List shall have their account suspended during the remainder of the featured film festival.
7. Film Fest Hotline Text
You can get up to date on everything during the featured film festival, including tips on giveaways, celebrity sightings, events, party passwords, swag, free lists and lots more by signing up to the Film Fest Hotline by testing filmfest to 9700.
By signing up to the Film Fest Hotline, you will receive up to 5 messages per day of text alerts (messages start 1 month before the festival starts and end 7 days after the festival ends). Standard message and data rates may apply. The Film Fest Hotline is provided through Clearstream, LLC Service, which offers a web-based software as a service and mobile application that enables its customers to create and manage permission-based, opt-in SMS campaigns. If you opt-in to the Film Fest Hotline, you will be required to accept the Clearstream Terms of Service.
For questions or assistance with the Film Fest Hotline, visit: getclearstream.com/help.
The hotline is only available during the featured Film Festival.
To opt-out of receiving messages, text STOP to 97000 at any time.
8. Housing Forum Disclaimer
The Site is a Venue and Film Fest is Not a Party to any housing transaction between users of the Site.
The Site offers information about housing opportunities available for featured film festivals, either through posted third party housing ads from sites such as Craigslist, or as posted by registered users of the Site.
All users must be responsible about their use of this Site and any transaction entered into as a result of any housing opportunity posted on the Site. We do not own or manage, nor can we contract for, any housing opportunity posted on a Site.
The Site is solely a venue to persons residing and/or attending the featured film festival to connect for a variety of housing opportunities. We are not affiliated with any housing opportunity posted and are not a party to any rental or other agreement between users.
Any part of an actual or potential transaction relating to a housing opportunity connected on the Site, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings, are solely the responsibility of the users.
You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions prior to making any arrangements for housing opportunities posted on the Site.
Users are responsible for, and agree to abide by, all laws, rules and regulations applicable to any transaction they enter into through the Site or in connection with their use of the Site.
Users who post housing opportunities further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the posting of any housing opportunity, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, privacy, taxes, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable.
9. Content Submissions for Events and Housing
Users may submit data, text, graphics, audio and digital images and audiovisual combinations (Content) to post to the Site. All Content submitted to the Site may be reviewed and approved by Film Fests internal review process before it is either posted on the Site or on the Film Fest Party List. Submission of Content is not a guarantee that Content will be posted as requested.
Content submissions shall be posted in the sole discretion of Film Fest.
10. Content License
You shall retain all rights in any Content uploaded to the Site. You grant to Film Fest a perpetual, worldwide, non-exclusive, royalty-free right and license to use, copy, display, perform, create derivative works from, distribute, transmit and sublicense all Content in any form, in all media now known or hereinafter created, anywhere in the world, including, but not limited to: (i) publish, distribute and publicly display Content on the Site and related services, (ii) republish or reuse Content on Film Fests social media and related marketing services and materials, and (iii) excerpt Content on the Site and related services, for any purpose whatsoever, commercial or otherwise.
Film Fest may, in its sole discretion, remove or take down any Content that you upload or submit to the Site for any reason.
11. Termination by Film Fest
Film Fest may temporarily suspend or terminate your account and the Services at any time, if Film Fest:
Suspects a breach of these Terms of Service;
Is unable to verify or authenticate account payment information;
Believes that you are acting inconsistently with the letter or spirit of Film Fest’s policies, have engaged in improper or fraudulent activity in connection with the Site or that your actions may cause legal liability or financial loss to Film Fest;
Is unable to process any payments for purchases made on the Site; or
Believes you are infringing the rights of third parties;
Determines you have shared your login information to any third party to obtain access to the Film Fest Party List.
Effect of Termination: If your account is suspended or terminated for any reason, you shall remain liable for all charges incurred through the date of termination.
Survival: The following Sections survive termination of these Terms of Service: Idea Submissions License, Content License, Individual Arbitration, Disclaimers and Exclusions, Release, Indemnification, and Governing Law.
12. Prohibited Conduct
In your use of the Site, you may not:
Share your account login information with any third party to obtain access to the Film Fest Party List;
Post false, inaccurate, misleading, defamatory or harassing content;
Violate any law, statute, ordinance or regulation;
Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third party rights;
Attempt to use another account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;
Post obscene or sexually explicit content;
Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Site or its users;
Modify, adapt or hack the Site or modify another Site so as to falsely imply that it is associated with Film Fest;
Distribute or post spam, unsolicited or bulk electronic communications to Site users;
Use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever;
Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Sites infrastructure;
Interfere or attempt to interfere with the proper working of the Site, its services or tools; or
Bypass the Sites robot exclusion headers or other measures Film Fest may use to prevent or restrict access to Film Fest.
14. Idea Submissions
Film Fest welcomes all suggestions to improve our Services, but considers any feedback from its users to be helpful advice, freely given. To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by its users to Film Fest in accordance with the following:
Non-Proprietary: Film Fest considers any suggestions, ideas, proposals or other material submitted to it by users, whether solicited or unsolicited, (collectively, the “Material”) to be non-confidential and non-proprietary. Film Fest shall not be liable for the disclosure, use or exploitation of such Material.
License: You hereby grant and agree to grant Film Fest, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
15. Notice of Claimed Infringement
If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to Film Fests Designated Agent, with the following information:
By mail to Film Fests DMCA Registered Agent: 1222 S Ogden Dr. Los Angeles, CA 90019
By email: firstname.lastname@example.org
16. Customer Support
Film Fest is available by email at email@example.com to address any issues you may have regarding your use of the Services. Most concerns can be quickly resolved in this manner.
17. Individual Arbitration
EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with Film Fest arising out of or relating to the Site, Services and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16).
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAAs rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: Film Fest 1222 S Ogden Dr. Los Angeles, CA 90019.
Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: Los Angeles County, California.
Exception Small Claims Court Claims. Notwithstanding the parties agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that courts jurisdiction.
18. Film Fest’s Intellectual Property
Copyright: The Sites content and its logos, design, text, graphics, images and other files, and the selection, arrangement and organization thereof, are owned by Film Fest. You may not use such materials without permission. © 2015 Film Fest, Inc. ALL RIGHTS RESERVED
Trademarks: Film Fest and its logos are trademarks owned by Film Fest. All page headers, custom graphics, button icons, scripts and service names are trademarks or trade dress of Film Fest.
Ownership and Use: Unless otherwise stated herein, nothing in these Terms of Service or your use of the Site gives you a right or license to use any of Film Fests copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.
19. Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, FILM FEST, THE SITE, SERVICES AND ALL INFORMATION, CONTENT, OR MATERIALS OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. FILM FEST DOES NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY LAW, FILM FEST EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE SITE, SERVICES, INFORMATION, CONTENT, OR MATERIALS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.
FILM FEST DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. FILM FEST DOES NOT CONTROL ANY THIRD PARTY LINKS, SERVICES, PRODUCTS, GOODS, RESOURCES AND INFORMATION ON THE SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FILM FEST MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES OR INFORMATION.
LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FILM FEST WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, INFORMATION, CONTENT, SERVICES, OR MATERIALS, EVEN IF FILM FEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you have a dispute arising from, related to, or connected with your use of the Site, Services, information, content, or materials accessed through the Site, you hereby release Film Fest Partly List, LLC, and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU 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.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Film Fest Party List, LLC and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the Indemnified Parties) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service by you, or (ii) arising from, related to, or connected with your use of the Site or Services.
If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the enforceability of the remaining provisions and portions of these Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
Our employees, volunteers or agents are not authorized to vary these Terms of Service. No modification of these Terms of Service shall be effective unless it is in writing and either signed by an authorized representative of Film Fest or posted on this Site by Film Fest.
24. No Agency
The parties to this Term of Service are independent contractors. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
You shall not assign any of the rights or obligations under this Term of Service without the prior written consent of Film Fest. Film Fest may at any time assign, transfer or subcontract any or all of its rights or obligations under these Terms without your consent.
26. Successors and Assigns
These Terms of Service are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
27. Governing Law
These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to or application of Californias conflict of law principles. The parties consent to the exclusive jurisdiction of the State of California, and venue in the County of Los Angeles, with regard to any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach thereof and waive all rights to contest this exclusive jurisdiction and venue of such Courts.
28. No Waiver
The failure or delay of either party to exercise any right, power or privilege under these Terms of Service will not operate as a waiver thereof.
Headings are for reference purposes only and do not limit the scope or extent of such section.
30. Force Majeure
Film Fest will not be liable or responsible for any delays in service, for failing to provide the Services or to operate the Site as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.
All notices required or permitted to be given under these Terms of Service will be in writing and delivered to: Film Fest, Inc., 1222 S Ogden Dr. Los Angeles, CA 90019 and/or firstname.lastname@example.org. All notices by Film Fest will be sent to you by email or will be conspicuously posted on the Site.
32. Complaints – California Residents
If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.
33. Entire Agreement
These Terms of Service comprise the entire agreement between you and Film Fest and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.