PUBFILMS MEMBERSHIP AGREEMENT
THIS TERMS OF USE AGREEMENT (“AGREEMENTâ€) IS A LEGALLY BINDING DOCUMENT BETWEEN YOU (hereinafter “MEMBERâ€, “USER†or “YOUâ€) AND PUBFILMS, LLC (hereinafter “PUBFILMSâ€).
THIS AGREEMENT STATES THE TERMS AND CONDITIONS BY WHICH YOU MAY ACCESS THE PUBFILMS WEB SITE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING WITH PUBFILMS AND ACCESSING THE PUBFILMS WEB SITE.
BY SELECTING THE “AGREE†BUTTON AND ACCESSING THE PUBFILMS WEB SITE YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU SHALL CLICK THE “DISAGREE†BUTTON AND SHALL NOT USE OR ACCESS THE PUBFILMS WEB SITE.
Pubfilms.com is an interactive website designed to allow its members to be able to vote on key decisions compete in competitions, and develop their own “mypub†page in order to be a part of making a movie; from choosing which actors are cast, to choosing what music will be put in each scene.
The services offered by Pubfilms.com ("Pubfilms" or "we") include the Pubfilms website (the "Pubfilms Website"), Pubfilms Contests, and any other features, content, or applications offered from time to time by Pubfilms in connection with the Pubfilms Website (collectively, the "Pubfilms Services"). Pubfilms Services are hosted in the United States of America.
This Terms of Use Agreement ("Agreement") spells out the legally binding terms controlling YOUR use of the Pubfilms Services.
BY USING THE PUBFILMS SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, whether you are a "Visitor" (which means that you simply browse the Pubfilms Website) or you are a "Member" (which means that you have registered with Pubfilms for Membership.
The term "User" refers to a Visitor or a Member. You are only authorized to use the Pubfilms Services (regardless of whether your access or use is unintended or intended) if you agree to abide by all applicable laws and to this Agreement.
IF YOU WISH TO BECOME A MEMBER, IN ORDER TO COMMUNICATE WITH OTHER MEMBERS, VOTE, AND/OR MAKE OTHER USE OF THE PUBFILMS SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.
This Agreement includes Pubfilms’ policy for use of the Pubfilms Services and Content posted on the Pubfilms Website, your legal rights, contractual obligations and restrictions regarding your use of the Pubfilms Services and Pubfilms’ Privacy Policy. In order to participate in certain Pubfilms Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Pubfilms Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
While using Pubfilms’ Services, you AGREE NOT to:
* post defamatory, libelous, false, inaccurate, or misleading content (including personal information);
* distribute or post spam, chain letters, pyramid schemes, or the like;
* transfer your Pubfilms account and/or User ID to another party without Pubfilms’ consent;
* distribute viruses or any other computer programs that may harm Pubfilms, or the interests or property of Pubfilms users;
* copy, modify, or distribute content from the Sites and Pubfilms' copyrights and trademarks;
* harvest or otherwise collect information about users, including email addresses, without their consent; or
* post content or items in an inappropriate area of the Sites.
Additionally, you AGREE that you will NOT:
* copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Pubfilms websites without the prior expressed written permission of Pubfilms and/or the appropriate third party, as applicable;
* interfere or attempt to interfere with the proper working of the Pubfilms websites, or any activities conducted on the Sites;
* take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
Pubfilms.com and the Pubfilms Community work together to keep the Sites working properly and the Pubfilms Community desirable. Please report problems, offensive content, and policy violations to us.
Without limiting any other remedies, Pubfilms may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take any other technical and legal steps to keep users off Pubfilms Sites if they create problems, possible legal liabilities, or act in a manner inconsistent with the spirit or letter of Pubfilms’ policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for an extended period.
Pubfilms may modify this Agreement from time to time and such modification shall be effective upon posting by Pubfilms on the Pubfilms Website. You AGREE to be bound to any changes to this Agreement when you use the Pubfilms Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Pubfilms.com and that you choose to provide to other Users.
Your Pubfilms.com profile may not include the following items:
* telephone numbers
* street addresses
* last names
* any photographs containing nudity
* obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
Despite this prohibition, information provided by other Pubfilms Members could contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Pubfilms assumes no responsibility or liability for this material.
If you become aware of misuse of the Pubfilms Services by any person, kindly contact Pubfilms or “click†on the "Contact Us†link at the bottom of any Pubfilms page.
Pubfilms hereby reserves all rights to reject, refuse to post, or remove any posting by you, or to suspend or terminate your access to Pubfilms Services at any time, for any or no reason, with or without prior notice, and without liability.
Pubfilms expressly reserves the right to terminate your access to any part of Pubfilms Services if Pubfilms determines, in its sole discretion, that you pose a threat to Pubfilms and/or its Users.
1. Membership Eligibility. By using the Pubfilms Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, or have your parent/legal guardian’s permission; and (d) your use of the Pubfilms Services does not violate any applicable law or regulation. Use of, and Membership in, the Pubfilms Services is void where prohibited.
2. Term of Agreement. This Agreement shall remain in full force and effect while you use the Pubfilms Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Pubfilms website page. Pubfilms may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-19.
3. Proprietary Rights in Content on Pubfilms.
A. Subject to the provisions of Section 3 B, below, Pubfilms does not initially claim any ownership rights in the text, files, images, photos, video, film, sounds, musical works, works of authorship, or any other materials ("Content") that you post on the Pubfilms Services. After posting your Content to the Pubfilms Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Pubfilms Services, you hereby grant to Pubfilms a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Pubfilms Services. This license will terminate at the time you remove your Content from the Pubfilms Services. The license does not grant Pubfilms the right to sell your Content, nor does the license grant Pubfilms the right to distribute your Content outside of the Pubfilms Services.
B. Without in any way limiting or otherwise modifying any other terms that appear anywhere in this agreement, members hereby agree that, as a condition of entering any Pubfilms-sponsored contest, and upon the event of being selected as the Pubfilms Contest winner, and in exchange for good and valuable consideration, You agree to assign and transfer to Pubfilms, its successors and assigns, the entire right, title and interest in and to the Content and the copyright in the Content, as well as: 1) any registrations and copyright registration applications relating thereto; 2) any renewals and extensions thereof; 3) all works based upon, derived from, or incorporating the Content; 4) all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto; 5) all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights; and 6) all rights corresponding to the foregoing throughout the world. Without additional consideration, You agree to execute all papers and to perform such other proper acts as Pubfilms may deem necessary to secure for Pubfilms or its designee the rights assigned herein.
C. You represent and warrant that: (i) you own the Content posted by you on or through the Pubfilms Services or otherwise have the right to grant the license discussed in this section, and (ii) the posting of your Content on or through the Pubfilms Services does not violate the copyrights, trademarks, contract rights privacy rights, publicity rights, or any other rights of any entity or person, alive or dead. You agree to pay for all royalties, fees, and any other liabilities or monies owing any person by reason of any Content posted by you to or through the Pubfilms Services.
D. Pubfilms Services contain various Content of Pubfilms ("Pubfilms Content"). Pubfilms Content is protected by copyright, trademark, patent, trade secret and other laws, and Pubfilms owns, reserves and retains all rights in the Pubfilms Content and the Pubfilms Services. Pubfilms hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Pubfilms Content (excluding any software code) solely for your personal use in connection with viewing the Pubfilms Website and using the Pubfilms Services.
E. The Pubfilms Services contain Content of Users and other Pubfilms licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Pubfilms Services.
4. Pubfilms’ Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, patents, trade secrets, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
IT IS THE POLICY OF PUBFILMS TO TERMINATE MEMBERSHIP PRIVILEGES OF ANY MEMBER WHO INFRINGES THE COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, OF OTHERS.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Pubfilms Services in a way that constitutes copyright infringement, please contact and notify Pubfilms at contact@pubfilms.com with the following information: (a) a description of the copyrighted work that you claim has been infringed; (b) a description of the location on Pubfilms Services sites of the material that you claim is infringing; (c) your address, telephone number, and email address; (d) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) 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; and (f) a signature of the person authorized to act on behalf of the owner of the copyright interest.
5. Pubfilms’ Intellectual Property.
A. You shall not refer to Pubfilms in any way that might lead someone to believe that you, your movie, your company or your site is sponsored by, affiliated with, or endorsed by Pubfilms.
B. All content, images, and multimedia on the Pubfilms sites, including the Pubfilms name, Pubfilms.com, the Pubfilms symbol, the Pubfilms logo, the Pubfilms tag line, the MyPub name, and all associated logos, graphics, images and domain names, are the Intellectual Property (“Intellectual Propertyâ€) of Pubfilms. Pubfilms does not permit the use of its Intellectual Property by third parties unless they have a written license agreement with Pubfilms. Use of the Pubfilms’ Intellectual Property without express written permission from Pubfilms is not permitted.
6. Posted Content.
Pubfilms may delete any Content that violates this Agreement or which may be offensive, illegal, violate the rights of, harm, or threaten the safety of any person. Pubfilms assumes no responsibility for monitoring the Pubfilms Services for inappropriate Content or conduct. If at any time Pubfilms chooses, in its sole discretion, to monitor the Pubfilms Services, Pubfilms nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
1. You are solely responsible for the Content that you post on or through any of the Pubfilms Services, and any material or information that you transmit to other Members. Pubfilms does not endorse and has no control over the Content. Content is not necessarily reviewed by Pubfilms prior to posting and does not necessarily reflect the opinions or policies of Pubfilms. Pubfilms makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
7. Prohibited Content/Activity. The following is a non-exhaustive list of the type of Content that is illegal or prohibited to post on or through the Pubfilms Services. Pubfilms reserves all rights to take any legal action against anyone who violates any provision including, without limitation, removing any communication from Pubfilms Services sites and terminating the Membership of any violator.
Pubfilms prohibited content includes, but is not limited to Content that, in the sole discretion of Pubfilms:
1. harasses or advocates harassment of another person;
2. contains nudity, violence, or offensive subject matter or contains any link to any adult website;
3. exploits people in a sexual or violent manner;
4. is patently offensive or promotes hatred, bigotry or threatens physical harm of any kind against any group or individual;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that is threatening, obscene, defamatory, libelous, false, misleading, or promotes illegal activities;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. promotes or otherwise advocates any imminent criminal activity or enterprise or provides instructional information about such imminent illegal activities;
10. involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, or pyramid schemes;
11. includes a photograph of another person that you have posted without that person's consent; or
12. sexually suggestive images intended to draw traffic to the profile.
8. Additional Prohibited Content/Activity. The following is a further non-exhaustive list of the kind of activity that is illegal or prohibited on Pubfilms sites and through your use of the Pubfilms Services. Pubfilms reserves the right to investigate and take appropriate legal action against anyone who, in Pubfilms's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. copyright infringement, trademark infringement, patent infringement, or theft of trade secrets, any criminal or tortious activity, including child pornography, fraud, obscene material, gambling, distribution of controlled substances, harassment, stalking, sending of viruses or other harmful files, spamming;
2. transmiting any advertisements, spam, chain letters or junk email to other Members. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Pubfilms Services, you acknowledge that you will have caused substantial harm to Pubfilms, but that the precise amount of such harm would be very difficult to quantify. Accordingly, as a reasonable approximation of such harm, you agree to pay Pubfilms $100 for each such unsolicited email or other unsolicited communication you send through the Pubfilms Services;
3. any automated use of the system, such as using scripts to add friends or send comments or messages;
4. interfering with, disrupting, or creating an undue burden on the Pubfilms Services or the networks or services connected to the Pubfilms Services;
5. attempting to impersonate another Member or person;
6. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
7. selling or otherwise transferring your profile;
8. using any information obtained from the Pubfilms Services in order to harass, abuse, or harm another person;
9. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Pubfilms Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
10. using the Pubfilms Services in a manner inconsistent with any and all applicable laws and regulations.
9. Member Disputes. You are solely responsible for your communications with other Pubfilms Members. Pubfilms reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. User Password. When you first register to become a Pubfilms Member, you will be prompted to select a password. You are solely responsible for maintaining the confidentiality of your password. You agree not to use any account, user-name, or password of another Member at any time or to disclose your password to any third party. You agree to notify Pubfilms immediately if you discover any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
11. Personal Use by Members. The Pubfilms Services are for the personal use of Members only and may not be used for any commercial use, except those that are expressly approved by Pubfilms, in writing. Illegal and/or unauthorized use of the Pubfilms Services, including collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Pubfilms Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Pubfilms Services.
12. Fees. You acknowledge that Pubfilms reserves the right to charge for the Pubfilms Services and to change its fees from time to time, in its sole discretion. If Pubfilms terminates your Pubfilms Membership because you have breached the Agreement, you shall not be entitled to a refund of any portion of contest entry fees, subscription fees, or any other fees.
13. Privacy. Use of the Pubfilms Services is also governed by our Privacy Policy which is set forth as follows:
Pubfilms collects user submitted information such as name, email addresses, and age to authenticate users and also to send notifications to those users relating to the Pubfilms service. Pubfilms also collects other profile data including but not limited to: personal interests, gender, age, education and occupation in order to assist users in finding and communicating with each other.
Pubfilms also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site. Such data is used to manage the website, track usage and improve Pubfilms website services. This information may be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes
User Profile information including members' pictures and first names are displayed to people in order to facilitate user interaction in the Pubfilms social networking community. Email addresses are used for the purposes of inviting new friends to join Pubfilms, to add users to members' friends' networks, and to send notifications related to the service. With the exception of inviting friends, adding friends, and notifications, a user's email address is not shared or displayed to people within a user's personal network Users within a personal network communicate on Pubfilms with each other through the Pubfilms service, without disclosing their email addresses. Users' full names are never directly revealed to other members. To facilitate searching and finding friends and acquaintances on the service, Pubfilms allows users to search for other members using first and last name, email address, and schools and/or companies where users may have attended or worked.
From time to time, Pubfilms or a partner, may sponsor a promotion, sweepstake or contest on Pubfilms. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate.
Pubfilms members may also store email addresses of people they know in their internal Pubfilms address book and may also choose to send invitations and other communications to those addresses.
Pubfilms uses cookies to store visitors' preferences and to record session information, for purposes including ensuring that visitors are not repeatedly offered the same advertisements and to customize newsletter, advertising, and Web page content based on browser type and user profile information. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.
Pubfilms contains links to sites. Pubfilms is not responsible for the privacy policies and/or practices of other sites. When linking to another site, a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on Pubfilms.
Please be aware that whenever you voluntarily post public information to “Mypubs,†vote in competitions, or post information in any other public forums, such information may be accessed by the public.
Pubfilms users may modify or remove any of their personal information at any time by logging into their account and editing the information.
Advertisements appearing on Pubfilms sites may be delivered to users by Pubfilms or one of our Web advertising partners. Our Web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by Pubfilms and does not cover the use of cookies by any advertisers.
Pubfilms member accounts are secured by member-created passwords Pubfilms takes precautions to ensure that member account information is maintained in confidence. We employ measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff.
Please note that we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time For any additional information about the security measures we use on Pubfilms, please contact us at contact@pubfilms.com
Except as otherwise described in this privacy statement, Pubfilms will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Pubfilms, whether or not a response is required by applicable law; (2) to enforce the Pubfilms Terms of Use Agreement or to protect our rights; or (3) to protect the safety of members of the public and users of the service.
Pubfilms reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Pubfilms or substantially all of its assets to that successor in interest. For more information see the "Changes in Our Privacy Policy" section below.
From time to time, we may make changes to our privacy policy.
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, please contact us at: contact@pubfilms.com
14. Legal Disclaimers. Pubfilms is not responsible for any incorrect or inaccurate Content posted on the Pubfilms Website or in connection with the Pubfilms Services, whether caused by Users of the Pubfilms Services or by any of the equipment or programming associated the Pubfilms Services. Profiles created and posted by Members on the Pubfilms Website may contain links to other websites. Pubfilms is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Pubfilms. Inclusion of any linked website on the Pubfilms Services does not imply approval or endorsement of the linked website by Pubfilms. When you access these third-party sites, you do so at your own risk. Pubfilms takes no responsibility for third party advertisements which are posted on this Pubfilms Website or through the Pubfilms Services, nor does it take any responsibility for the goods or services provided by its advertisers. Pubfilms is not responsible for the conduct, whether online or offline, of any User of the Pubfilms Services. Pubfilms assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Pubfilms is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Pubfilms Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Pubfilms Services. Under no circumstances shall Pubfilms be responsible for any loss or damage, including personal injury or death, resulting from use of the Pubfilms Services, attendance at a Pubfilms event, from any Content posted on or through the Pubfilms Services, or from the conduct of any Users of the Pubfilms Services, whether online or offline. The Pubfilms Services are provided "AS-IS" and as available and Pubfilms expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Pubfilms cannot guarantee and does not promise any specific results from use of the Pubfilms Services.
15. Limitation on Liability. IN NO EVENT SHALL PUBFILMS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PUBFILMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PUBFILMS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PUBFILMS FOR THE PUBFILMS SERVICES DURING THE TERM OF MEMBERSHIP.
16. Disputes. If there is any dispute about or involving the Pubfilms Services, you agree that the dispute shall be governed by the laws of the State of Arizona, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Arizona, City of Phoenix. Either Pubfilms or you may demand that any dispute between Pubfilms and you about or involving the Pubfilms Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Phoenix, Arizona provided that the foregoing shall not prevent Pubfilms from seeking injunctive relief in a court of competent jurisdiction. All claims you bring against Pubfilms must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Pubfilms may recover attorneys' fees and costs up to $1000, provided that Pubfilms has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
17. Indemnify and Hold Harmless. You agree to indemnify and hold Pubfilms, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Pubfilms Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Pubfilms Website or through the Pubfilms Services causes Pubfilms to be liable to another.
18. Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
19. Miscellaneous. This Agreement is accepted upon your use of the Pubfilms Website or any of the Pubfilms Services and is further affirmed by you becoming a Member.
This Agreement constitutes the entire agreement between you and Pubfilms regarding the use of the Pubfilms Services. The failure of Pubfilms to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement operates to the full extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: contact@pubfilms.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
By clicking “Agree†YOU hereby agree to be bound by the Terms and Policies incorporated herein.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU SHALL CLICK THE “DISAGREE†BUTTON AND SHALL NOT USE OR ACCESS THE PUBFILMS WEB SITE.
