THIS IS A LEGAL AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE interruptviolence.com WEBSITE (this “Website”). Your use of this Website is expressly conditioned on your acceptance of the terms and conditions that follow. By using this Website, you signify your agreement to these terms and conditions. If you do not agree with any part of these terms and conditions, do not use this Website. This Website is not directed to and is not open for use by children younger than thirteen (13) with the prior written consent of a parent or legal guardian, as described hereafter. Any person who provides personal information through this Website who is younger than thirteen (13) years of age must provide such consent. If we discover that any personal information has been provided by children younger than thirteen (13).
Copyright © 2013, Kartemquin Films, Ltd.
ALL RIGHTS RESERVED.
1. OWNERSHIP. This Website, and each of its components, is the copyrighted property of Kartemquin Films Ltd. (“Owner”), and its various providers and distributors, or is the user-generated-content of visitors to this Website. Portions of the content found on this Website may be owned by such providers and distributors or by visitors to this Website, and is the copyrighted work of the respective party. None of the content or data found on this Website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Owner and its providers, distributors or visitors. In addition, the trademarks, logos and service marks displayed on this Website (collectively, the “Trademarks”) are the registered and common law trademarks of Owner and various third parties. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Owner or such other party that may own the Trademark.
2. USE OF SITE. On the condition that you comply with all your obligations under this Agreement, Owner grants you a limited, non-exclusive, license to access and use the Website for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Any other use of the Website contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. You are solely responsible for the activity that occurs on your account and for the content you upload and, if applicable, you must keep your account password secure. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Website and all related items, including any and all copies made of the Website. You may only use this Website to browse the content, post your own Submission (defined hereafter), including narratives and blog posts, comment on the Submissions of others; make inquiries to Owner and not for any other purposes. This Website and the content provided in this Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Owner, except that you may download, display and print one copy of the materials presented on this Website on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing by Owner. Unauthorized use of this Website and the materials contained on this Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this Website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The links from this Website to any other websites are provided for your information and convenience only. Owner does not assume any responsibility or liability with respect to any website linked from this Website (or any website linking to this Website), including its content and operation. Owner does not review or monitor such links. A link from this Website to another website (or a link from another website to this Website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. Owner is not responsible for the content or the privacy practices employed by other websites. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this Website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, including the email addresses of our members, without the prior express written consent from Owner (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
3. RULES OF CONDUCT. While using this Website, you will to comply with all applicable laws, rules and regulations. In addition, your use of this Website is conditioned on your compliance with the rules of conduct set forth below, and you will not post, transmit, or otherwise make available through or in connection with this Website:
You agree to notify us immediately at firstname.lastname@example.org if you believe that anything on the Website violates any of your rights.
4. AGE AND RESPONSIBILITY. You represent that you are at least thirteen (13) years of age, or if you are not, you have provided written permission from our parent or legal guardian that you have permission to provide personally identifiable information to this Website as described hereafter. If you are eighteen (18) years of age or older you acknowledge that: (a) in using this Website you may create binding legal obligations for any liability you may incur as a result of the use of this Website; and (b) you understand that you are financially responsible for all uses of this Website by you and those using your Access Codes (defined hereafter). NOTICE TO PARENTS AND GUARDIANS: By granting your child or legal ward permission to use the Website, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of Website. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If your child is using the Website and is either under 13, please contact us immediately so that we can disable his or her access. If you have questions about whether the Website is appropriate for your child, contact us at email@example.com. WARNING: Even if you are old enough to use the Website, some of the content available within the Website may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
6. SPECIALS AND PROMOTIONS. Please read the official rules that accompany special offer, coupon, discount or promotion that we may offer or conduct.
7. DISCLAIMERS; EXCLUSION OF WARRANTY. OWNER RESERVES THE RIGHT TO MODIFY THE WEBSITE. YOU ARE RESPONSIBLE FOR PROVIDING YOUR OWN ACCESS (E.G., COMPUTER, MOBILE DEVICE, INTERNET CONNECTION, ETC.) TO THE OWNER SERVICE. OWNER HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON THE WEBSITE COMPLIES WITH THIS AGREEMENT OR IS SUITABLE FOR ALL USERS. OWNER AND ITS PROVIDERS, DISTRIBUTORS AND VISITORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE OR ANY MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. OWNER AND ITS THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE OWNER COMPUTER SYSTEM, THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. OWNER MAKES NO REPRESENTATIONS OR WARRANTIES: (1) THAT THE WEBSITE WILL BE PERMITTED IN YOUR JURISDICTION; (2) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) CONCERNING ANY CONTENT SUBMITTED BY ANY MEMBER; (4) CONCERNING ANY THIRD-PARTY'S USE OF CONTENT THAT YOU SUBMIT; (5) THAT ANY SUBMISSIONS YOU SUBMIT WILL BE MADE AVAILABLE ON THE WEBSITE OR WILL BE STORED BY OWNER; (6) THAT THE WEBSITE WILL MEET YOUR BUSINESS OR PROFESSIONAL NEEDS; (7) THAT WEBSITE WILL CONTINUE OR THAT ANY WEBSITE FEATURE WILL CONTINUE; OR (8) CONCERNING SITES AND RESOURCES OUTSIDE OF THE WEBSITE, EVEN IF LINKED TO FROM THE WEBSITE. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE WEBSITE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON THE WEBSITE OR ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE WEBSITE OR ANYTHING RELATED TO THE WEBSITE. YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION THE TERMINATION SECTION AND SUCH TERMINATION WILL BE YOUR SOLE AND EXCLUSIVE REMEDY. OWNER IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH OR REGARDING THE WEBSITE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SITE/SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE/SERVICE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. OWNER DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS WEBSITE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS WEBSITE BY OTHER USERS OF THE COMMUNITY; THEREFORE, OWNER DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. OWNER DOES NOT GUARANTEE THAT THE WEBSITE IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE WEBSITE MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. OWNER DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, OWNER DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
Although we strive to provide on this Website the latest developments relating to our products and services, and other information about Owner, we do not warrant the accuracy, effectiveness and suitability of any information contained in this Website. Each person assumes full responsibility and all risks arising from his or her use of this Website or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Owner may make additions, deletions, or modifications to such information at any time without any prior notification.
8. LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. OWNER WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE. OWNER DOES NOT ENDORSE AND ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR CONTENT OF THE VIEWS, OPINIONS, COMMENTS, RECOMMENDATIONS, OR SUGGESTIONS POSTED ON THIS WEBSITE FROM ANY SUBMISSION OR OTHERS.
CERTAIN JURISDICTIONS MIGHT NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.
9. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION. You represent and warrant that you: (1) are not currently restricted from using the Websites, or not otherwise prohibited from having an account with us; (2) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (3) will not violate any of our rights or the rights of other Website users, including intellectual property rights such as copyright or trademark rights; (4) agree to provide at your cost all equipment, software, and internet access necessary to use the Website; (5) you have the right to submit any content that you post or provide to us and grant the licenses set forth herein; (6) We do not and will not need to obtain licenses from any third party or pay royalties to any third party in connection with your video and non-video content for any reason; (7) the content you submit does not infringe any third party's rights, including intellectual property rights and privacy rights; and (8) the content you submit complies with all terms of this Agreement and all applicable laws. In addition, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website unless we receive written permission from your parent of legal guardian. You will indemnify and hold Owner and its providers, licensors, affiliates, directors, officers, employees, funders, contractors, sublicensees, and agents harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the “Claims”): (a) your use of, inability to use, or activities in connection with this Website; (b) any violation of this Agreement or any other terms, conditions or policies by you or through any account you may have with this Website. Including the representations and warranties set forth above; (c) any transaction you may enter into through this Website; (d) any allegation that any Submission or other materials that you make available through this Website infringes or otherwise violates the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any other Website visitor, user, or customer, or any other third-party; and you will reimburse Owner on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claim(s). This defense and indemnification obligation will survive the termination of this Agreement and will exist in perpetuity, regardless of whether you later cease using the Website or remove Submissions from the Website.
10. SUBMISSIONS. “Submissions” means all narratives, comments, feedback, suggestions, written materials of any kind, photos, songs, performances, pictures, e-mail and similar information or materials that you submit to Owner. You agree not to make any Submissions that are (or may reasonably be found or construed to be): obscene, indecent, sexually explicit, or pornographic; hate speech, harassment, threats, or other personal attacks against anyone or any group of persons; libel or defamation; in violation of any law or any third-party rights, including trademark, copyright, and privacy rights; exploitative of minors; depictive of any unlawful acts or extreme violence; depictive of animal cruelty or extreme violence towards animals; commercial prompts or spam, off-topic posts, commercial solicitations, promotion or advertising, including any promotions of fraudulent schemes, multi-level marketing schemes, get-rich-quick schemes, online gaming or any other type of gambling, cash gifting, work-from- home businesses, or any other dubious money-making ventures; o indicating or implying that Owner supports a specific viewpoint. Information about ways Website visitors might take action around a particular issue or topic must have appropriate context and labeling. All content must pass a perception test to ensure that visitors to the Website do not perceive that the Website's editorial integrity has been compromised by a particular agenda or by association with an outside party. By making a Submission to the Website, you agree to all terms set forth in the Uploading Guidelines and you represent and warrant that that any Submission you provide to Owner will be complete and accurate and that you own (and will continue own) the copyright in all of your Submissions and that any third-party rights that may exist in the Submissions have been fully cleared. However, by providing any Submissions, you grant Owner and its sublicensees and affiliates a limited, worldwide, non-exclusive, royalty-free license and right to use, copy, transmit, publish, disseminate, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your Submissions. Without limiting the generality of the foregoing, Owner shall have the right to: (i) display the Submissions within the Website; (ii) display the Submissions on third-party websites and applications through a content embed or Owner’s API; (iii) allow other users to play, download, and embed on third-party websites the Submissions; (iii) use the Content to promote Owner, Owner’s funders and partners, and the Website; and (iv) archive or preserve the Submissions for disputes, legal proceedings, or investigations. Owner and its affiliates and sublicensees will have the right to use your suggestions without any compensation to you. You further grant all users of the Website permission to view your Submissions for their personal, non-commercial purposes. This includes the right to use, copy, display, and make derivative works from the Submissions solely to the extent necessary to view the Submissions. The foregoing licenses are in addition to any license you may decide to grant (e.g., a creative commons license). The above licenses will continue unless and until you remove your Submissions, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for promotion will continue until you notify Owner in writing that you wish to terminate such license. Also notwithstanding the foregoing the license for legal archival/preservation purposes will continue indefinitely. Owner may retain the public server copies of your Submissions that have been removed or deleted. Please note that removed Submissions may be cached in search engine indices after removal and that Owner has no control over such caching. Owner is under no obligation to use any Submissions. Owner may remove Submissions from the Website at any time and for any reason. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Owner, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
Please note that ideas you post and information you share may be seen and used by other Website users, and we cannot guarantee that other Website users will not use the ideas and information that you share on the Website. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third-party rights that may be infringed by your sharing it, do not post it on the Website. WE ARE NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON THE WEBSITE.
If you want to cancel an Access Code, or if you become aware of any loss, theft or unauthorized use of an Access Code, please notify us immediately at firstname.lastname@example.org. In addition, we may delete or change any Access Code at any time and for any reason.
12. TERM AND TERMINATION. This Agreement begins on the date you first use the Website and continues as long as you use the Website or have an account with us, except as otherwise terminated as provided in this Agreement. You may terminate this Agreement, for any or no reason, at any time, with notice to Owner at email@example.com. This notice will be effective upon Owner processing your notice. Owner may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. Such termination will be effective immediately or as may be specified in the notice. Termination of your account may also include disabling your access to the Website. Owner may also suspend, disable, terminate or delete your account (or any part thereof) or block or remove any Submissions for any reason, including if Owner determines that you have violated any provision of this Agreement or that your conduct or Submissions would tend to damage Owner's reputation and goodwill or for any other behavior that we, in our sole discretion, deem contrary to the purpose of the Website. If Owner deletes your account and/or terminates this Agreement, you may not use or re-register for the Website Owner may block your email address and Internet protocol address to prevent further use or registration. Upon termination, all licenses granted by Owner will terminate. All sections of this Agreement that indicate that they are perpetual, indicate they survive termination, or that indicate that they are irrevocable, all representations and warranties, and all indemnification provisions herein will survive termination. In the event of account deletion or termination, Submission may no longer be available. Owner is not responsible for the loss of such Submissions.
13. COMPLIANCE NOTICE PURSUANT TO 18 U.S.C. § 2257. All pictures, graphics, videos, and other visual media displayed by Owner on the Website are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to November 1, 1990. Owner is not the primary Owner of any Submissions contained in the Website.
14. EXPORT CONTROL. Your use of the Website, including our software, is subject to export and re- export control laws and regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
15. RELATIONSHIP. Your use of this Website is independent of Owner and not as an employee, agent, partner, or joint venturer with Owner for any purpose.
16. GOVERNING LAW. This Agreement and its performance will be governed by the laws of the State of Illinois, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois, United States of America, in all questions and controversies arising out of your use of this Website and this Agreement.
17. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
19. ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this Website, and you will abide by such other terms and conditions.
20. SEVERABILITY. These terms and conditions will be deemed severable. If any provision is determined to be unenforceable or invalid, such provision will nonetheless be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.
21. HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
22. THIRD-PARTY COPYRIGHTS AND OTHER RIGHTS. Owner respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at firstname.lastname@example.org.
HOW TO CONTACT US. If you have any comments or questions, please do not hesitate to contact us at email@example.com or write us at:
Kartemquin Films Ltd.
1901 W. Wellington Ave., #1
Chicago, IL 60657
Attention: Andrew Suprenant
Last Revised February 2013
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