THIS DOCUMENT CONTAINS MANY IMPORTANT PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS. BY CLICKING THE "CREATE ACCOUNT" BUTTON AT THE BOTTOM OF THESE TERMS AND CONDITIONS OF USE (THIS "AGREEMENT") , YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT. WE ENCOURAGE YOU TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY:
When a visitor to the Website registers to become a Member, he or she will select an available user name ("Membership Name") and a corresponding user password ("Membership Password") to create a unique, personal Account. Once such information is entered during registration, such information cannot be revised later. The Member or Subscriber shall also be required to specify whether he or she is registering as an individual or on behalf of a company or entity (and, if so, the name of the company or entity).
A Member shall download a Work through his or her Membership Account, and such Work shall be subject to an applicable Content Download Agreement based on criteria specified by such Member, and also on criteria specified by the Member who uploaded the Work. A Member shall be able to download a Work for a particular use(s) only if he or she pays with the applicable number of Dollars (as defined below) on the Website, and only if he or she agrees to the applicable Content Download Agreement for such Work and such use(s).2. ACKNOWLEDGMENT AND AGREEMENTS OF TERMS OF SERVICE The content and services offered at, FilterFoundry.com, ("Filter Foundry"), and any communications service (including the capability to contribute links and other information (each such submission, a "Contribution")), or other interactive service that may be available to you on or through this site, are provided to you under the terms and conditions of this Filter Foundry Terms of Service ("FFTOS"), and any operating rules or policies that may be published by Filter Foundry at the URL: FilterFoundry.com The FFTOS and all such operating rules or policies comprise the entire agreement between you and Filter Foundry and supersede all prior agreements between you and Filter Foundry regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING FILTER FOUNDRY, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
Your use of the Website constitutes your acknowledgement and acceptance of the terms and conditions of this Agreement, and you shall be bound by such terms and conditions. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access any portions of the Website or use any services offered on the Website.
Filter Foundry shall have the right, in its sole discretion, to amend the terms and conditions of this Agreement, in whole or in part, at any time, and any such changes shall be effective immediately upon member notification and publication of such changes on the Website. Your continued use of the Website after the effectiveness of such changes and notice constitutes your acknowledgement and acceptance of the terms and conditions of this Agreement, as so amended. If you do not agree to be bound by the terms and conditions of this Agreement as so amended, do not use or access the Website. If at any time the terms and conditions of this Agreement are no longer acceptable to you, whether or not as a result of an amendment by Filter Foundry, do not use the Website.
Services on the Website are available only to, and may only be used by individuals who can enter into legally binding contracts under applicable law. Without limitation to the foregoing, services on the Website are not available to minors (e.g., persons under the age of eighteen) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all uses of the Website. Your Membership Account on the Website may not be sold or otherwise transferred to another person or entity. If your use of the Website is on behalf of an entity, you represent and warrant that you have the authority to bind such entity to this Agreement.
3. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED You must be eighteen or older to register as a member or subscriber of Filter Foundry. Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
4. GENERAL TERMS AND CONDITIONS Filter Foundry Inc. may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on FilterFoundry.com. By using this site after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms and Conditions, please do not use this site.
5. RESTRICTIONS You agree that you shall not use the website in any manner that is not permitted by this agreement or that violates any law, regulation or statute in an applicable jurisdiction.
You shall not upload or post onto the website, or use the website to transfer, any work or other material or content that is covered or protected by copyright, trademark or other intellectual property rights unless you own or control such rights or have received all necessary consents. Filter Foundry does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Filter Foundry will remove all works if properly notified that such work infringes on another's intellectual property rights. Filter Foundry reserves the right to remove works without prior notice. Filter Foundry will terminate a user's access to its Website if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website more than twice.
You shall not upload or post onto the Website, or use the Website to transfer, any work or other material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent.
You shall not upload or post onto the Website, or use the Website to transfer, any work or other material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features.
You shall not to attempt to gain unauthorized access to any hardware or software systems or networks associated with the Website, or obtain any services or information not intentionally made available to you by Filter Foundry on or through the Website.
You shall not attempt to gain unauthorized access to the Membership Account of any other person or entity, or otherwise interfere with any other person's or entity's use, of the website. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Website, including, without limitation, with respect to the origin or source of any work or other material or content that you upload or any identifying information for your Membership Account.
Filter Foundry reserves the right to decide whether any work is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Filter Foundry may remove any such work and/or terminate a user's access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
You may not use the Website in a fraudulent manner, or otherwise in a manner for which the Website is not reasonably intended to be used. By way of example, and without limiting the generality of the foregoing statement, you will not vote works for the primary purpose of artificially inflating the ranking of a given contributor.
7. DESCRIPTION OF SERVICE Filter Foundry provides Users with a variety of online services in its Platform Zones, including but not limited to: * PERSONALIZATION: Add or remove custom modules to your homepage and other areas of the Platform such as Top Artists, RSS Feeds, Jobs and more. * PROFILE: A users personal account management area and tool set for managing their account on the platform, including but not limited to monetary account access and management. * PADS: Showcase personal portfolios, offer information on career for job market exposure or collaborative work with others. * USER-GENERATED CONTENT. Uploaded or entered multimedia content developed and owned by creative professionals across industries. * WORKZONE: An interactive job postings and offerings for the creative professional community. * CONTESTS: Awards and competitions for members to submit their past and latest projects for others be inspired. * ANSWERS KNOWLEDGE BASE: a section where questions from creatives of all industries can search & post new questions and get answers * SIGN-UP STUDIO SESSIONS: study film, game and ad industry secrets from other creative professionals. * INSTRUCT STUDIO SESSIONS: Teach design techniques and generate additional income * ASSEST SEARCH AND LICENSE: Powerful faceted search technology to help find and license stock photos, videos, vectors, illustration media, and 3D content * FILTER FOUNDRY-GENERATED CONTENT. Interviews, articles and tips on how creative professionals manage their ideas and increase productivity. * CUSTOM APPS: Download custom software apps for mobile devices, Mac and PC.
FilterFoundry.com was developed as a career enhancement Platform for professional visual artists. The "Intended Purpose" of Filter Foundry is to provide promotional services for its members. Filter Foundry does not imply or guarantee the success of the promotional tools, nor endorse or warranty the quality of the services performed by any Filter Foundry member. Filter Foundry also does not offer or mediate the sale of any goods or services on behalf of any Filter Foundry member.
7a. STUDIO SESSION DISCLAIMERS AND LIMITATION OF LIABILITY: STUDIO SESSION DISCLAIMERS AND LIMITATION OF LIABILITY: YOUR PARTICIPATION IN ANY STUDIO SESSION IS AT YOUR SOLE AND EXCLUSIVE RISK. BY USING FILTER FOUNDRY YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY STUDIO SESSION, YOU MAY BE EXPOSED TO A VARIETY OF RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE STUDIO SESSIONS. FILTER FOUNDRY HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS, WHICH COULD OCCUR EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY STUDIO SESSION. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE FILTER FOUNDRY FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS FILTER FOUNDRY, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY STUDIO SESSION. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER DURING A STUDIO SESSION.
7b. WORKZONE DISCLAIMERS AND LIMITATION OF LIABILITY: THE FILTER FOUNDRY WEBSITE WAS CREATED FOR AND MEANT TO BE USED BY A COMMUNTIY OF CREATIVE PROFESSIONALS INCLUDING BE NOT LIMITED TO THE WORKZONE. THE EXPECTATION OF FILTER FOUNDRY IS THAT THE PROFESSIONAL USING THE SITE WILL DO SO IN A PROPER, ETHICAL AND LEGAL MANNER. THE WORKZONE IS AN AREA FEATURING INTERACTIVE JOB POSTINGS FOR THE COMMINITY TO RESPOND AND SUBMIT FOR POTENTIAL JOB HIRING. BY USING FILTER FOUNDRY, INCLUING ITS WORKZONE, TO MEET AND ENGAGE IN A WORK RELATIONSHIP, YOU AGREE AND UNDERSTAND THAT, IN CONNECTION WITH YOUR PARTICIPATION IN ANY WORKZONE TRANSACTION, YOU MAY BE AT RISK. YOUR PARTICIPATION IN ANY WORK PROJECT OR FULL TIME ARRANGEMENT, THAT WAS FEATURED ON THE FILTER FOUNDRY WORKZONE, IN WHICH WORK IS CONDUCTED FOR AND/OR WITH A 3RD PARTY, IS BETWEEN YOU AND THE 3RD PARTY ONLY. YOUR CHOICE TO ENGAGE WITH A 3RD PARTY TRANSACTION FOR JOB SERVICES RENDERED IS AT YOUR SOLE AND EXCLUSIVE RISK. FILTER FOUNDRY IS NOT LIABILITY FOR ANY AGREEMENT MADE BETWEEN YOU AND A CONTRACTING 3RD PARTY.
8. CONTENT You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you on or through the Platform, including but not limited to the contents of your e-mail communications, in-Platform messaging, information, photos or images posted by you or posted to your Profile Page and information, photos, images, videos, 3D models, sound files or other Content posted by you in a forum or other page. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. Filter Foundry does not own or control the Content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will Filter Foundry be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.
For users of the Filter Foundry "WorkZone" portion of the site, Filter Foundry does not permit any postings that point to spec work contests or other opportunities that solicit, unpaid creative work from creative professionals. Any such postings may be removed at Filter Foundry's discretion.
9. USE OF WORKS You may only download Works to or from the Website in accordance with the terms and conditions of this Agreement and of an applicable Content Download Agreement. You may not use, reproduce, distribute, display or create derivative works based on any Works that appear on the Website unless you enter into a Content Download Agreement, and you may do so only to the extent expressly permitted under the terms and conditions of an applicable Content Download Agreement. You acknowledge and agree that no ownership of any Works can be transferred, and that no sale of any works can be effectuated, on or through the Website. Only the rights expressly sublicensed in an applicable Content Download Agreement are granted on or through the Website. You acknowledge and agree that Filter Foundry or its licensors retain all ownership rights in and to the Works, and that such Works are covered and protected by copyright, trademark and other intellectual property rights of Filter Foundry or its business partners and licensors.
10. USER'S GRANT OF LIMITED LICENSE (Note: Filter Foundry Inc. does not claim any permanent ownership of Content you submit or make available for inclusion on the Service. However, in the modern age of content hosting and the propagation and streaming of content across the web, we require a limited license to host and display this content, as specified below, which lasts as long as you chose to host your work on the service. For example, one purpose for this limited license is to enable Filter Foundry to stream and present your work across the Filter Foundry Network and partner sites that present your work professionally - linking back to your PAD/portfolio. We require a limited license for your content in order to present it in the many places and various forms across the FilterFoundry.com and or Filter Foundry applications).
Filter Foundry does not claim ownership of the Content you submit ("Your Content") or make available for inclusion on the Service. By submitting Content to Filter Foundry for inclusion in the Filter Foundry, you grant Filter Foundry - for the period of time your portfolio of content is published on Filter Foundry- a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Service, serving search results, and propagating the Content on the Platform. This license exists only for as long as you continue to be a Filter Foundry member or subscriber and shall be terminated at the time your membership or subscription is terminated.
Such limited license also includes incorporating a contribution, in whole or in part, into a Filter Foundry feature or in promotional or marketing materials (attributed properly to the artist).
Filter Foundry will NEVER assume ownership of your work, and the artist's copyright settings, as selected by the artist, will remain associated with each published project. This limited license is required for the nature of the Filter Foundry platform. Work submitted to Filter Foundry remains owned by the artist, under the artist's selected copyright settings, and artists decide whether or not to sell their work to third parties.
You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your content. You acknowledge and agree that the display or inclusion of your content shall be in the sole discretion of Filter Foundry and your content may or may not be included on the Filter Foundry website for any reason or no reason at all.
BY UPLOADING CONTENT TO FILTER FOUNDRY YOU AGREE NOT TO VIOLATE ANY LAW, REGULATION OR AGREEMENT WITH RESPECT TO ANY INTELLECTUAL PROPERTY RIGHT WHICH MAY APPLY, AND YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, FILTER FOUNDRY INC., IT'S OWNERS, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS ALLEGING VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT ASSOCIATED WITH YOUR USE OF THE WEBSITE.
11. MANAGEMENT AND OPERATIONS OF WEBSITE You acknowledge and agree that Filter Foundry has no obligation to review any Works or other material or content uploaded or posted onto the Website, and shall have no responsibility for any such Works or other material or content. Filter Foundry shall have the right, in its sole discretion, to accept or deny, delete, move or edit any Works or other material or content uploaded or posted onto the Website.
You acknowledge and agree that Filter Foundry shall have no responsibility for any material or content on other websites to which you may hyperlink or otherwise access from the Website, including any web log, comments to any web log, or any forum on the Website. You acknowledge and agree that Filter Foundry shall have no responsibility for any material or content on websites from which you may be hyperlinked or otherwise be directed to the Website.
Filter Foundry reserves the right, in its sole discretion, to change or discontinue any or all of the services on the Website at any time. You acknowledge and agree that Filter Foundry has no obligation to make, or continue to make, the Website or any particular portion or related service available to you (whether or not such unavailability is voluntary on the part of Filter Foundry). Filter Foundry reserves the right, in its sole discretion, to suspend or terminate your Membership Account at any time, including, without limitation, your Membership Name and Membership Password.
12. MODIFICATIONS TO SERVICE Filter Foundry Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Filter Foundry Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. USER CONDUCT Each site and the Services are provided to you solely for entertainment and organizational purposes. You acknowledge and agree:
a. to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Filter Foundry Inc. reserves the right to reject any of your Contributions and to terminate your right to use the Site and refuse any and all current or future use of the Services.
b. without limitation of the foregoing, not to use the Site or Services to submit any Contribution regarding any products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
c. not to harvest, collect or store information about Users or the content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of Filter Foundry, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited. Inappropriate use may result in your being removed from participant listings without notice and may result in termination of your privileges for participation in Filter Foundry. Appropriate legal action may also be taken for any unauthorized use of Filter Foundry.
d. that Filter Foundry Inc. is not responsible for material submitted to Filter Foundry or posted to the Site by Users. Filter Foundry Inc. does not pre-screen, monitor, review or edit the Contribution posted by Users. However, Filter Foundry Inc. and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Contribution, in whole or part, that in Filter Foundry Inc.'s judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Filter Foundry Inc. is not responsible for any failure, non-failure or delay in removing such Contribution. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Filter Foundry Inc.. You agree to immediately notify Filter Foundry Inc. of any unauthorized use of the Service or any other breach of security that you know or suspect.
14. INTELLECTUAL PROPERTY RIGHTS a. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including but not limited to Contributions ("Content"), including Content contained in sponsor advertisements or information presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
b. Thus, all Content is either the copyrighted property of Filter Foundry Inc., or the copyrighted content of its Users that created and submitted the content, and its affiliates or licensors, or, in some cases, the content is assigned a license under the Creative Commons licensing system (when specified). As between Filter Foundry Inc. and you, Filter Foundry Inc. is the sole owner of all Filter Foundry-generated content on the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Participant in Filter Foundry retains all rights, titles, and interests in and to the content provided by the Participant hereunder (including, without limitation, the copyrights in and to the Participant's Content), subject to the non-exclusive rights in the licenses granted to Filter Foundry under this agreement. Participant is free to grant similar rights to others during and after the Term of this Agreement.
c. All individual articles, content and other elements comprising this Service are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, you must also abide by all additional copyright notices or restrictions contained in this Service.
d. Unless expressly permitted by Filter Foundry Inc. or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of this Service. You may download Content for your own personal use as follows: you may make one print copy that is limited to occasional articles of personal interest only. In addition, these files may not be used to construct any kind of database.
e. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark, that has not been expressly authorized by us.
15. INDEMNIFICATION Upon a request by Filter Foundry Inc., you agree to defend, indemnify and hold Filter Foundry INC., its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or Users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Contribution infringes the rights of any third party). Filter Foundry Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Filter Foundry Inc. in asserting any available defense.
16. YOUR CONTRIBUTIONS You acknowledge and agree that Filter Foundry INC. may preserve any Contribution and may also disclose your Contribution if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms and Conditions; (c) to respond to claims that any Contribution violates the rights of third-parties; or (d) to protect the rights, property, or personal safety of Filter Foundry Inc., its Users or the public.
a. You understand that the technical processing and transmission of the Site, including your Contribution, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Filter Foundry Inc. assumes no responsibility for the deletion or failure to store Contributions or other information submitted by you or other Users to Filter Foundry.
b. Any or all Content on the Site may be purged periodically at Filter Foundry Inc.'s sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by Filter Foundry Inc. or submitted to Filter Foundry Inc.. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of Filter Foundry Inc., and Filter Foundry INC. does not support or endorse Content (including any Contribution, whether or not edited by Filter Foundry Inc. or its designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
c. In operating this site, Filter Foundry Inc. does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. Any information or material submitted or sent to Filter Foundry Inc., will be deemed not to be confidential or secret. By submitting or sending information or other material to Filter Foundry Inc. you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set forth above ("User Conduct").
17. LINKED SITES You may be able to link to third parties' Sites ("Linked Sites") from the Filter Foundry Inc. Site. Linked Sites are not, however, reviewed, controlled, or examined by Filter Foundry Inc. in any way and Filter Foundry Inc. is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Filter Foundry Inc.'s endorsement of or in association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Filter Foundry Inc. be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. Filter Foundry Inc. reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.
a. SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
b. Permission must be granted by us for any type of link to Filter Foundry. To seek our permission, you may write to Filter Foundry. We reserve the right, however, to deny permission to link to Filter Foundry or rescind any permission previously granted by us to link through any type of link, and to require termination of any such link to the Site, at our discretion at any time.
18. DOLLARS AND PAYMENTS Transactions on the Website, including downloads of Works shall be conducted using Website Dollars ("Dollars") in accordance with Filter Foundry's Standard pricing and payment policies and subject to any amounts that may be owed to Filter Foundry with respect to such transactions. In the event you are downloading a Work, the appropriate number of Dollars shall be deducted from your Membership Account. You may acquire Dollars by using credit or charge cards, online payment accounts, wire transfers or such means as then permitted by Filter Foundry. If you Purchase any Dollars by using a credit or charge card or an online payment account, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorize Filter Foundry to charge the designated credit or charge card or online payment account for the total amount of the purchase, including any sales or similar taxes. Typically all digital download sales on Filter Foundry are final. We provide high quality previews of all our stock assets and it is assumed that all assets are scrutinized and properly viewed before any transaction takes place. On rare occasions, if files become corrupted during download, we require all such files be sent to firstname.lastname@example.org for review within 1 week of purchase. No refunds will be issued for files after a 1 week period has gone by since original date of purchase. When a file is refunded, all traces of the download is erased from your account.
19. DEALINGS WITH ADVERTISING SPONSORS You understand and agree that the Service may include advertisements and that these advertisements are partly necessary for Filter Foundry to provide the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Filter Foundry Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
20. PARENTAL PERMISSION This Site is not intended for use by people under thirteen (18) years of age, and Filter Foundry Inc. does not knowingly collect personal information from children under eighteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. Filter Foundry Inc. may, at its discretion, require Users under 18 to obtain the consent of a parent or guardian to view certain content, and Filter Foundry Inc. may limit access to certain content to Users above a specified age. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.
21. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES a. THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, FILTER FOUNDRY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO:
b. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE.
c. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
d. FILTER FOUNDRY INC. DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
e. FILTER FOUNDRY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (RATHER THAN FILTER FOUNDRY OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
f. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
g. SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES. In addition to the representations and warranties you have made above, each of Filter Foundry and you hereby represent and warrant that it, or he or she, has the right to enter into this Agreement.
22. LIMITATION OF LIABILITY DISCLAIMER a. IN NO EVENT WILL FILTER FOUNDRY INC., ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF FILTER FOUNDRY INC. OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE FILTER FOUNDRY FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS FILTER FOUNDRY, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER ON THE PLATFORM.
You agree that neither Filter Foundry nor its affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Website, even if such parties have been advised, or advised of the possibility, of such damages.
b. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR CLARIFICATION PURPOSES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, FILTER FOUNDRY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WWW.FILTERFOUNDRY.COM WEBSITE OR THE SERVICES ON THE WWW.FILTERFOUNDRY.COM WEBSITE, OR ANY WORKS OR OTHER MATERIALS OR CONTENT AVAILABLE ON THE WWW.FILTERFOUNDRY.COM WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR FREEDOM OF ANY SERVICES, OR ANY WORKS OR OTHER MATERIALS OR CONTENT, FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND/OR DESTRUCTIVE FEATURES.
Filter Foundry shall have no responsibility for any Works or other material or content uploaded or posted onto the Website, including, without limitation any material or content uploaded or posted by any Member onto the Website in any forum or as any comment to a web log.
c. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FILTER FOUNDRY INC.'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
23. CLAIMS INFRINGMENT AND COPYRIGHT AGENT We respect the intellectual property rights of others, and require that the people who use the Filter Foundry Site do the same.
a. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: (i) Your name, address, telephone number, and e-mail address; (ii) A description of the copyrighted work that you claim has been infringed; (iii) A description of where the alleged infringing material is located; (iv) A 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; (v) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) 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.
b. Please do not send us notice pursuant to this section by regular mail, as we may not receive it in a timely fashion. In all cases, please email us at email@example.com to register your complaint. As you may know, spam blockers sometimes reject important emails from unknown parties.
c. We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question. Therefore, please provide proof of copyright registration in the image or text concerned, OR, absent such registration, other evidence to support your claim that you own the copyright in the image or text.
d. Please note that you may be held liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our site infringes your copyright.
e.The contact information for our Copyright Agent can be obtained by contacting us at firstname.lastname@example.org.
24. APPLICABLE LAWS / JURISDICTION a. You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or any other country in which you reside.
b. Notwithstanding local rules or laws regarding your use of the Site, you agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with Filter Foundry Inc. or relating in any way to your use of the Site shall be in the federal or state courts located in Los Angeles County, California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving Filter Foundry Inc. or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.
c. We operate the Site from Los Angeles, California. We do not represent that materials on the site are appropriate or available for use outside of California, California. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
26. NO SALE The Non-Exclusive Downloading Member acknowledges and agrees that this Content Download Agreement does not effectuate any sale of the work. Except for the rights specifically sublicensed under this Content Download Agreement, the Non-Exclusive downloading member shall not have any right, title or interest in or to, and in any event shall have no ownership of, the work, including any copyright and other intellectual property rights.
27. MISCELLANEOUS Any inquiries concerning these terms and conditions of use should be directed to us at email@example.com. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Filter Foundry Inc. may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to any conflict of laws principles. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted in a court of competent subject matter jurisdiction in the federal or state courts of the State of California, USA, and you and Filter Foundry each submit to the personal jurisdiction of such court and waive any right each might otherwise have to claim lack of personal jurisdiction or inconvenience of forum.
The relationship between Filter Foundry and you under this Agreement, related to any monetary transactions happening on the Site, is that of independent contractors. For clarification purposes, the relationship between Filter Foundry and its Members, are not joint venturers, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner. You agree that you shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Website.
No waiver on the part of Filter Foundry to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of Filter Foundry to exercise any such power, right, privilege or remedy, shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Filter Foundry shall have the right, in its sole discretion, to assign any or all of its rights or obligations under this Agreement. You shall have no right to assign any of your rights or obligations under this Agreement.
This Agreement shall be inure to the benefit of, and be binding upon, Filter Foundry and you, and its and your respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than Filter Foundry and you, and its and your respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. Whenever the context so requires, the singular number shall include the plural and vice versa, and the masculine, feminine and neutral genders shall include each other. If any term or provision of this Agreement is invalid, illegal or unenforceable, all other terms and conditions of this Agreement shall nevertheless remain in full force and effect. The underlined headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement.