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Terms Of Use
TERMS AND CONDITIONS OF USE
This website is provided by the American Film Institute ("AFI") for your personal,
non-commercial use. By visiting, browsing, linking to, or otherwise using this
website in any way, you are agreeing to be bound by all of the terms and conditions
set forth herein and to comply with all applicable laws and regulations. These
terms and conditions apply to your use of all of the sites and services operated
by AFI and any other site AFI may operate in the future. If you do not agree with
these terms and conditions, you should not use these sites. AFI has the right
to revise these terms and conditions at any time, without prior notice, and your
use of this website after any modifications to these terms and conditions shall
indicate your acceptance of any such changes. Your obligations under these terms
and conditions shall continue for as long as you access, use, or obtain information
from this website. You may terminate your obligations hereunder at any time by
discontinuing your use of this website and by destroying all information obtained
from it.
DISCLAIMER OF WARRANTIES
ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS
OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, AFI DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR
IMPLIED, RELATING TO SUCH CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
AND REPRESENTATIONS OF NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS,
TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH AFI WISHES
THE CONTENT OF THIS WEBSITE TO BE ACCURATE, COMPLETE, AND CURRENT, AFI DOES NOT
WARRANT OR REPRESENT THAT ANY CONTENT AT THIS WEBSITE (INCLUDING ANY SOFTWARE)
IS ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS
ON WHICH THIS WEBSITE AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL AFI BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED
ON OR CAUSED BY ANY USE OF THIS WEBSITE OR ANY OTHER THIRD PARTY SITE TO WHICH
THIS SITE IS LINKED, THE CONTENT OF SUCH THIRD PARTY SITES, OR ANY VIRUSES OR
OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH THIRD PARTY SITES, INCLUDING WITHOUT
LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS
OF COMPUTER PROGRAMS OR INFORMATION, EVEN IF AFI HAS BEEN SPECIFICALLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN
WHOLE OR IN PART.
LINKS TO THIRD PARTY SITES
Any links to other websites or Internet locations from this website have been
provided for your convenience only. AFI does not endorse, sponsor, or approve
any of the content of such websites or locations. AFI has no control over any
of the websites or other Internet locations that you may access through this website,
and is not responsible for the content or accuracy of the content of any such
websites or locations. If you access any other website or Internet locations through
this website, you do so at your own risk.
OWNERSHIP
AFI owns or has the right to use any and all of the data, information, text, images,
photos, videos, trailers, sounds, icons, and other content contained on this website
(including software and transmissions to this website), and the copyrights, trademarks,
service marks and other intellectual property rights therein, unless otherwise
noted. You may not copy the content of this website, store any of the content
on your hard drive or any other storage device, distribute or transmit any of
the content to any other person or company, frame or otherwise display any of
the content of this website on your own or any other website, or make any other
use of it, without the prior written consent of AFI. Such copying, distribution,
transmission, display, or other use would breach these terms and conditions and
infringe AFI's copyrights and/or other intellectual property rights owned by or
licensed to AFI. With respect to all content streamed from this website, you agree
not to copy, sell, license, modify, redistribute, transmit, publicly display,
publicly perform, publish, edit, or create derivative works from such content.
AFI has no right or authority to authorize you to use, download, print, copy,
modify, display, distribute, or transmit any content of any other website that
you access from this website.
TRADEMARKS
"AFI" is the registered trademark of AFI. Other AFI product or service names or
logos referenced in this website are either trademarks or registered trademarks
of the AFI. The absence of a product or service name or logo from this section
does not constitute a waiver of AFI's trademark or other intellectual property
rights concerning that name or logo. All other products or company names mentioned
in this website may be trademarks of their respective owners.
REPRESENTATIONS AND WARRANTIES
If you submit any information of any kind to this website, you represent, warrant,
and agree that you have the unhindered right to do so, that such information does
not infringe the copyright, trademark, patent, trade secret, or other intellectual
property or proprietary rights of any other person or entity, that such information
is not confidential or proprietary to you or any other person or entity, that
such information does not injure any other person or entity, and that AFI may
copy, distribute, modify, display, disclose, or otherwise use such information
(and any ideas embodied therein), and may manufacture, use, and sell products,
methods, and processes made therefrom, without restriction, in any way it chooses
anywhere in the world, free of charge to AFI and without acknowledgment of authorship
or source.
INDEMNIFICATION
You agree to indemnify, defend, and hold AFI and any and all of its employees,
directors, officers, shareholders, agents, licensors, licensees, affiliates, successors
and assigns ("Indemnified Parties") harmless from and against any and all liability
and costs (including, without limitation, attorney's fees and costs), incurred
by the Indemnified Parties in connection with any claim arising out of any breach
by you of these terms and conditions. You agree to cooperate as fully as reasonably
required in AFI's defense of any claim. AFI reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and you shall not in any event settle any matter without
the prior written consent of AFI.
PRIVACY
AFI is committed to protecting your privacy and your personal information provided
via this website. Information such as your name, e-mail address, mailing address
and general profile and preferences may be requested from you on a voluntary basis
and may be used by AFI for limited purposes such as: (i) to notify you of particular
services or new features provided by this website; (ii) to personalize or enhance
your use of this website; (iii) to provide you with information that you request
from AFI; (iv) to facilitate your participation in community bulletin boards provided
by this website; (v) to conduct user polls or surveys; and (vi) to monitor user
traffic patterns, profiles, and site usage to assist in the marketing, planning,
development and design of this website. If you choose not to submit voluntarily
requested information, you may not be eligible for those activities for which
personally identifiable information is needed. AFI may disclose to third parties
statistics and other information regarding the users of this website in the aggregate,
and AFI may release personal information of users of this website when it believes
in good faith that such release is required by law, requested by subpoena or court
order, and/or necessary to assist in discovery of valid legal claims. AFI maintains
a membership database with the e-mail address, name, postal address, telephone
number and other personally identifiable information of persons who have provided
such information to AFI by mail, telephone or e-mail in connection with their
membership applications. By becoming a member of AFI, you may receive future communications
from AFI via e-mail, telephone or mail. Furthermore, AFI, like many non-profits,
occasionally shares its address lists with carefully selected companies and organizations
not affiliated with AFI. If, at any time, you do not wish to have such information provided to other companies or organizations, or you do not wish to receive any further information or contact from AFI, you may request that your name and other personally identifiable information be excluded from any list provided to companies or organizations not affiliated with AFI or request that AFI not contact you or send further information by notifying us. AFI does not knowingly collect
or solicit information from minors under the age of eighteen (18). Upon notification
in writing from a parent or guardian that a minor transmitted information to AFI,
AFI will remove or destroy any such information. As with any on-line interaction
and electronic communication, there is an inherent risk involved in transmitting
any information via the Internet. AFI does not and cannot guarantee that its system
is free from hackers or viruses or that information provided by users to AFI has
not been stolen or otherwise surreptitiously obtained. You hereby acknowledge
and understand that such risk is inherent in interacting with any website, including
this website, and take full responsibility for any harm, danger or damage that
ensues due to any such breach in security, and AFI expressly disclaims any liability
in connection with such harm, danger or damage.
COOKIES
"Cookies" are data that a website transfers to an individual's hard drive for
record-keeping purposes. AFI uses cookies to remember certain information about
you as a user of this website, including your username, site preferences and what
you have already viewed on this website in order to track website usage and improve
your on-line experience. Our cookies do not contain any personally identifying
information and are used only by AFI. Third parties who advertise on this website
or have links on this website may also use cookies. AFI makes no warranties or
representations with respect to these third parties, nor is AFI liable for any
claims of any damages whatsoever incurred as a result of third parties' use of
cookies on user's hard drives. You can view the cookies that have been stored
on your hard drive by AFI or any other website operator. If you do not want information
to be collected through the use of cookies, there is a simple procedure in most
browsers that allows you to deny acceptance of cookies.
CREDIT CARD TRANSACTIONS
AFI offers you the convenience of making on-line membership applications and
donations via credit card. AFI takes seriously the need for credit card account
information security. Your credit card information is used by AFI only for its
intended purpose, and all financial transaction forms are stored and served from
a secure server. This means that each page you view on AFI's website and any financial
information you submit is encrypted on its way between computers (yours and AFI's).
Your peace of mind and the safeguarding of your credit card information are of
the utmost importance to AFI.
GOVERNING LAWS AND SEVERABILITY
These terms and conditions shall be governed by the laws of the State of California
and applicable federal laws, without giving effect to conflict of laws principles.
If any portion of these terms and conditions is unlawful, invalid, or unenforceable,
then such portion of these terms and conditions shall be deemed severed herefrom
and shall not affect the validity or enforceability of the remainder of these
terms and conditions. Please direct any questions or comments to AFI by .
Copyright © 2003 AFI, Inc. All Rights Reserved.
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