TERMS
OF USE AGREEMENT
THANK YOU for your interest in the Orbister film project - FILMMM. Please
read this page in its entirety as it explains your rights and responsibilities.
You must agree, without modification, to accept the following terms of use
("Agreement") between you and Orbister film project - FILMMM.
Your use of the Orbister film project - FILMMM constitutes a full and complete
acceptance of the terms of this Agreement. For purposes of this Agreement,
the term Orbister film project - FILMMM means FILMMM's Web site (www.FILMMM.com),
including, without limitation, any other Web sites that may now or hereafter
contain an authorized Orbister or FILMMM branded area or window.
I. Subsequent Revisions to Agreement
FILMMM may periodically revise the terms of this Agreement by updating this
page. You agree to be bound by subsequent revisions to this Agreement. Accordingly,
you should periodically visit this page to review the current terms of use.
II.
All Rights Reserved
FILMMM
reserves all right, title, and interest not expressly granted under this
Agreement.
Copyright.
All content, which includes, without limitation, articles, films, media
files, reviews, software, and source code (collectively, "Content"),
on the Orbister film project - FILMMM is subject to copyright protection
and may not be displayed, reproduced, distributed, modified or used in
any other manner except with the written permission of FILMMM and its
Content providers.
Trademark.
The names or services on the Orbister film project - FILMMM, Orbister
or CIP (North Side - Center for Research and Promotion of urban culture)
are trademarks or registered trademarks of FILMMM. Other names or services
on the Orbister film project - FILMMM may be the trademarks of the respective
owners. You agree not to use any FILMMM trademarks or any confusingly
similar marks for any purpose without the express prior written consent
of FILMMM in each instance.
Violations
may result in severe civil and criminal penalties.
III.
Use of Material
FILMMM
authorizes you to access and use the Content solely for your personal,
non-commercial use. You may not sell or modify the Content, and you may
not reproduce, display, publicly perform, distribute, or otherwise use
the Content in any way for any public or commercial purpose. As an express
condition of your use of the Orbister film project - FILMMM, you warrant
to FILMMM that you will not use the Orbister film project - FILMMM for
any unlawful purpose or purpose prohibited by this Agreement. If you violate
any part of this Agreement, your permission to use the Content automatically
terminates and you must immediately destroy any copies you have made of
any of the Content. FILMMM makes no representation that the Content is
legal or appropriate for use outside of the Republic of Croatia or that
it is authorized for export from the Republic of Croatia or import into
any other country. You are solely responsible for complying with all import
and export laws and regulations and all applicable laws of any jurisdiction
outside of the Republic of Croatia from which you may access the Orbister
film project - FILMMM.
IV.
Your Use of the Orbister film project - FILMMM Is at Your Own Risk
The
Orbister film project - FILMMM may contain inaccuracies or typographical
errors. FILMMM makes no representations about the accuracy, reliability,
completeness, or timeliness of the Content or about the results to be
obtained from using the Orbister film project - FILMMM or the Content.
Your use of the Orbister film project - FILMMM, including, without limitation,
the services and information, contained therein, is on an "as is"
basis and is at your own risk. FILMMM may make changes in the Content
at any time.
Disclaimer
of Liability. FILMMM, ITS RESPRECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILLIATES, SUBSIDIARIES,
SUCCESSORS AND ASSIGNS (COLLECTIVELY "FILMMM") SHALL NOT BE
LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE
DAMAGES ARISING OUT OF OR CONNECTED WITH (I) YOUR USE OF THE ORBISTER
FILM PROJECT - FILMMM AND (II) ANY OTHER SUBJECT MATTER OF THIS AGREEMENT.
FILMMM
Makes No Representations or Warranties. WITHOUT LIMITING THE FOREGOING,
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, FILMMM MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR OTHERWISE WHICH WOULD EXTEND
BEYOND THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT.
Third
Party Links. The Orbister film project - FILMMM may contain links to Web
sites ("Third Party Web Sites") operated by parties other than
FILMMM and FILMMM may license Content from the Orbister film project -
FILMMM for use by Third Party Web Sites. FILMMM makes no representation
or endorsement of the Third Party Web Sites and you access them at your
own risk.
Use
Of Web Communities At Your Own Risk. The Orbister film project - FILMMM
contains bulletin board services, forums, communities and other message
and communication facilities.
FILMMM
does not control the files, information, or messages (collectively, "Information")
delivered to or displayed in the Communities, unless otherwise noted therein,
and FILMMM assumes no duty to, and does not, monitor or endorse Information
within the Communities, nor does FILMMM represent or guarantee the truthfulness,
accuracy or reliability thereof or that the Information complies with
the terms of this Agreement. FILMMM reserves the right at all times to
edit, refuse to post, or to remove any Information, in whole or part,
that FILMMM deems inappropriate for inclusion in the Communities. FILMMM
reserves the right to expel you from or suspend your access to some or
all of the Communities for violating the law or this Agreement. The Communities
are public and not private communications and may be read by others without
your knowledge or permission. Although a particular Community may have
a policy of limited membership or access, FILMMM shall have no liability
if unauthorized persons nevertheless obtain access to the Community. Your
use of the Communities is at your own risk so be careful about disclosing
your personal information.
When
using the Communities you may not do any of the following:
a.
Restrict or inhibit any other user from using and enjoying the Communities;
b.
Post or transmit any abusive, hateful, defamatory, indecent, libelous,
obscene, pornographic, profane, threatening, harassing, embarrassing,
unlawful, vulgar, or other information of any kind that violates applicable
law or regulation or which harms minors in any way, including, without
limitation, information that constitutes the following:
Infringement.
Information that violates or infringes upon the copyright, literary, privacy,
publicity, trademark, service mark or any other personal or property right
of any person or entity or which discloses any trade secret or confidential
information.
Software.
Software or materials that contain a virus, corrupted files, or similar
programs that may damage the operation of another's computer or the Orbister
film project - FILMMM.
c.
Post advertisements of solicitations of business, except in areas expressly
designated for such purposes and in accordance with the express rules
and regulations established by FILMMM.
d.
Post chain letters or pyramid schemes or impersonate another person.
e.
Manipulate headers or identifiers so as to disguise the origin or content
of any posting.
f.
Do any act which interferes with or slows the operation of the Orbister
film project - FILMMM.
FILMMM
may condition your right to participate in the Communities on your furnishing
to FILMMM and keeping updated at all times such personal identifying information
as FILMMM may reasonably require, including, without limitation, your
true name and a current, active e-mail address. FILMMM reserves the right
to suspend or terminate your access to some or all of the Communities
if FILMMM has a good faith basis for believing that any of the information
you have supplied is inaccurate or that your account is being used by
anyone other than you to access the Communities.
By
posting material to the Communities, you automatically grant to FILMMM
a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce,
modify, publish, edit, translate, distribute, perform, display and otherwise
exploit such material and all elements thereof alone or as part of other
works in any form, media, or technology, whether now known or hereafter
developed, and to sublicense such rights through multiple tiers of sublicenses,
all without any obligation to you, whether by way of compensation, attribution
or otherwise.
V.
Miscellaneous
Use
of Information: Subject to such privacy policies as FILMMM may establish
and post on the Orbister film project - FILMMM from time to time, FILMMM
may use the information it obtains relating to you, including, without
limitation, your IP address, name, mailing address, e-mail address and
use of the Orbister film project - FILMMM for its internal business and
marketing purposes and such information may be disclosed to third parties
for such purposes and for any other purposes set forth in FILMMM's privacy
policy.
Choice
of Law and Forum. This Agreement, its interpretation, performance or any
breach thereof, will be construed in accordance with, and all questions
with respect thereto will be determined by, the laws of the Republic of
Croatia applicable to contracts entered into and wholly to be performed
within said state. You hereby consent to the personal jurisdiction of
the Republic of Croatia, acknowledge that venue is proper in any state
or Court in the Republic of Croatia, agree that any action related to
this Agreement must be brought in a state or Court in the Republic of
Croatia, and waive any objection you may have in the future with respect
to any of the foregoing. Notwithstanding the foregoing, FILMMM reserves
the right to commence an action in your home state in regards to this
Agreement.
Indemnity.
You agree to defend, indemnify and hold harmless FILMMM, its licensees,
successors and assignees, its Content providers, advertisers and sponsors,
the parent, affiliated and subsidiary companies of each of them and the
officers, directors, employees, and agents of each of them from and against
any and all third party claims, damages, liabilities, costs and expenses,
including reasonable legal fees and expenses, arising out of or related
to any breach by you of this Agreement, any material which you may post
to the Communities or any use of the Content by you or under your control.
Severability.
If any provision of this Agreement, or application thereof, shall be held
invalid by a court of competent jurisdiction, such provision shall be
changed and interpreted so as to best accomplish the objectives of the
original provision to the fullest extent allowed by law and the remaining
provisions of this Agreement shall remain in full force and effect.
Use
of "You" or "Your". The words "you" or "your"
shall also mean heirs, executors, administrators, successors, legal representatives
and permitted assigns.
Waiver.
Any waiver of any provision of this Agreement must be in writing and signed
by an authorized representative of FILMMM.
Copyright
Complaints. If you believe that your work has been copied and is accessible
on the Orbister film project - FILMMM in such a manner as to constitute
copyright infringement, you may notify FILMMM by providing FILMMM's copyright
agent with the following information:
1. An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed,
including the URL (i.e., web page address) of the location where the copyrighted
work exists or a copy of the copyrighted work;
3. Your address, telephone number, and email address;
4. 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; and
5. 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.
FILMMM's agent for notice of claims of copyright infringement on the Orbister
film project - FILMMM may be reached as follows:
By
mail:
Orbister
film project - FILMMM
Sjeverna strana - centar za istraivanje I promicanje urbane kulture
Hercegovaèka 97
10000 Zagreb
Croatia
By
email:
filmmm@orbister.com
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