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 Terms of Service and Use Agreement
Welcome to MyFilmCrews.com. By using MyFilmCrews.com, you are agreeing to comply with and be bound by the following terms of service and use. Please review the following terms carefully. If you do not agree to any of the terms, do not use this website.

The terms and conditions outlined in this Terms of Service and Use Agreement ("Agreement") apply to both visitors or viewers on MyFilmCrews.com that view one or more pages of the website as well as visitors who Register to place a Free or Paid Listing of their services. The term “MyFilmCrews.com” or “us” or “we” or “our” refers to Production Concepts, Inc., the owner of MyFilmCrews.com. The term “you” or “your” or “User” refers to the visitor, viewer, or registered User of MyFilmCrews.com.

1. Acceptance of Agreement.
 
A. You agree to the terms and conditions outlined in this Agreement with respect to our site, MyFilmCrews.com (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products, referrals, or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
   
B. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
   
C. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site.
   
D. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to adminMyFilmCrews.com (or click Email Us), or send a letter and self-addressed stamped envelope to: Production Concepts, Inc., P.O. Box 6250 Moraga, CA 94570-6250 USA.
   
2. Proprietary Rights.
  We own and retain all proprietary rights in the Site. The Site contains our copyrighted material, trademarks, and other proprietary information of MyFilmCrews.com, and its licensors.
   
3. Copyright.
 

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site for use in competing products, whether or not such products are offered for monetary value, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. Some of the content on the Site is the copyrighted work of third parties.

   
4. Service Marks.
 

"MyFilmCrews.com" and “StuartsGuide.com” and “MyProductionGuide.com” and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be service marks or registered service marks or trademarks of their respective owners.

   
5. Definition of Listing Types on MyFilmCrews.com
 

MyFilmCrews.com presents User generated content in the form of an informational listing and offers four type of informational listings: a free of cost “Basic Listing,” a paid “Detailed Listing,” a paid “Premier Listing,” and a paid “Showreel Listing,” and also offered is the ability to highlight any informational listing as a “Featured Listing” at an additional cost . These four informational listing types and the highlighted Featured Listing are hereinafter collectively referred to as “Listing” or “Listings.”

   
6. Limited License; Permitted Uses.
 
A. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to print out discrete information from the Site solely provided that you maintain all proprietary rights, copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
   
B. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
   
7. Restrictions and Prohibitions on Use.
 
A. Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) sell, rent, lease, by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for free, paid, or commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email with exception of contacting Listings for purposes of hiring them or their services; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in any unlawful manner; (k) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (l) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States as well as per the terms stated in Clause 21 of this Agreement.
   
B. MyFilmCrews.com goes to extended efforts to protect our Users from SPAM. Users are encouraged to contact other Users for purposes of legitimate inquires such as contact for potential hire (considered to be “solicited” contact), but are forbidden from mass email use of our User base. Any such activity, any use of our Site for purposes commonly referred to as SPAM, or for any unlawful activity, unsolicited emailing, telephone, direct mailing, Instant Messaging, bulk mail, bulk or mass emailing, mass mailing of promotional material, collecting of names, numbers or emails, or unspecific correspondence will be a direct violation of our Terms. Any such activity will not only be cause to permanently block the User from accessing the Site, but will be reported for internet blacklisting. Further, we will pursue, to the fullest extent allowed by law, civil and criminal penalties for any and all related damages caused to MyFilmCrews.com or the reputation of MyFilmCrews.com by such activity.
   
C. Visitors and all Users of the Site are forbidden from embedding any of our Videos in any other website or linked format. Videos on the Site are not able to be downloaded directly. Any third party tools that allow you to download our videos will be both a violation of the owners Copyright and in violation of this Agreement. Such activity is strictly forbidden and will result in immediate termination and blocked access of the Site.
   
D. Any attempts to hack or gain unauthorized access to our Site, our servers, our code, or engage in any activity that disrupts service of our Site will result in appropriate legal action taken for such activities.
   
8. Reliance on Content.
  Information contained on or made available through the Site is provided by the individual(s) providing the stated information. We have no reliable manner to verify the accuracy of information provided. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Furthermore we do not adopt, endorse or accept responsibility for the accuracy or reliability of the information provided. Under no circumstances will we or our affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.
   
9. Copyright Agents and Copyright Infringement. 
  Similar to portfolio presentations, or showreel submissions via DVD or other means, most crew and companies submit examples of their work in order to further promote their livelihood. MyFilmCrews.com allows Users the ability to upload and publicly display their showreel, portfolio or other images (collectively referred to as “Presentation Materials”), and to provide digital files that visitors to the Site may download (“Downloadable Documents”). The Right to make public such Presentation Materials and Downloadable Documents is typically provided to the person presenting such information through contractual guarantees from the rights holder. As this practice is a generally accepted Industry procedure, Users of this Site that upload Presentation Materials and Downloadable Documents do so acknowledging that have the required permission. At MyFilmCrews.com, we respect the intellectual property of others. If you are the legal copyright owner of any work presented on this Site and have not authorized it’s use in this context, please contact us immediately. Upon verification of the claim, we will delete these files from our database.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information at the email address noted below:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
   
b. A description of the copyrighted work that you claim has been infringed;
   
c.

A description of where the material that you claim is infringing is located on the Site;

   
d. Your address, telephone number, and email address;
   
e. 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
   
f. 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.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at adminMyFilmCrews.com (or click Email Us).
   
10. Linking to the Site.
 

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

   
11. Advertisers.
 

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

   
12. Posting of Listings
 
A. Posting a Listing
 
1. By posting a Listing you are stating that you have the Right to use and disclose, for publicity purposes, the information stated and to present any Presentation Materials and Downloadable Documents without any infringement of copyright . If you are providing information on behalf of a company you further state that you are authorized by that company to disclose the information to be presented. Furthermore, you will not hold MyFilmCrews.com responsible for any legal claims regarding Copyright Infringement or other harm resulting from your posted information and MyFilmCrews.com may suspend or terminate your account in event of any proven claim. You also agree to pay all fees, royalties, or other compensation that may be required as a result of any presentation of your Listing on our Site.
   
2. By providing any information or posting any Listing for public display, you immediately grant MyFilmCrews.com the worldwide, non-exclusive right to use, reproduce, present, modify, publish and distribute such material worldwide and to present that information online or in any other form, media or technology now known or hereafter developed for the Term and such use will be without any compensation.
   
3. You acknowledge that the information you choose to disclose will be publicly visible and freely viewable by any visitor to the Site. You acknowledge that because the information is publicly accessible that MyFilmCrews.com has minimal ability to limit or restrict access to this information and agree to hold us harmless against any unintended use or unanticipated Copyright Infringement by any visiting third party. While MyFilmCrews.com Agreement requires Users not to attempt to download Videos, infringe upon any Copyrighted material, nor misuse email links or other contact means for anything but legitimate inquiries, by posting your information on our Site you are allowing any User to our Site to view, copy, print, archive or reproduce your information
   
4. You acknowledge that images, documents and video that you submit may be affected byMyFilmCrews.com during the conversion process we require in order to be properly present such Presentation Materials and Downloadable Documents on our Site. While we go to great lengths to generate a high quality presentation that meets or exceeds requirements of most file types being uploaded, we can not guarantee this process will work on every possible file type that may be encountered. By submitting your files to us, you grant us the right to alter the file to meet our presentation requirements by various methods including, but not limited to, transcoding video, compressing file size, reducing resolution on ultra-high resolution images, and adding letterboxing and pillarboxing.
   
5. You further acknowledge that any error generated by MyFilmCrews.com, either due to technological and/or unforeseen problems is your responsibility to identify and we will make diligent efforts to resolve the problem if caused by us.
   
6. Your use of MyFilmCrews.com is at your own risk. MyFilmCrews.com does not directly edit your written content. You acknowledge that written information you provide is your responsibility to check for accuracy and that any error created by you is your responsibility to correct.
   
B. Registration
To post a Listing for presentation on the Site you must first create an account which requires you to register. If you choose to register, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. During registration you will be required to create a unique username and unique password. You agree to keep your username and password secure and confidential.

On personal accounts, you agree not to disclose your username and password to any third party, nor to use the unique username or password of any other person. On company accounts, you (the person creating the account) are authorized to share username and password only with personnel to who you have provided express, written permission and who then become bound by the terms of this agreement, and you further agree not to disclose your username and password to any other third party, and not to use the unique username or password of any other person unless you have their express, written permission.

If you believe any unauthorized use of your account has occurred you must contact MyFilmCrews.com immediately (contact us at adminMyFilmCrews.com or click Email Us). We will not be liable for any losses you may incur due to unauthorized use of your account.
   
C. What You Can Not Present in your Listing By posting a Listing you agree: a) not to disclose personal information of any other person without their consent; b) not to make any false claims, use offensive language nor make any disparaging or derogatory comment about any person, group, race, company or project; c) not to solicit personal information directly from anyone under 18 years of age; d) not to make statements that will give rise to civil liability; e) not present information that may be damaging to MyFilmCrews.com or its partners; f) not to present material deemed pornographic, nor link to an adult website; and g) not to promote illegal activities.
   
D. Approval of Listings
All posted Listings are subject to approval. We reserve the Right to request changes to your Listing to better comply with the Terms of this Agreement or, at our sole discretion, to reject your Listing and/or to suspend or terminate your account. Listings may be made inactive or rejected for violating Terms of this Agreement, for being knowingly fake or intentionally misleading.
   
E. Limitations of Free Listings
MyFilmCrews.com encourages actively working professionals in the Industry to post a Free Listing. To avoid abuse of the Free Listing, we require that Users only place Free Listings in locations where they actively work and in categories where they are likely and qualified to be hired for that type of work. We reserve the Right, at our sole discretion, to remove Listings deemed excessively or inappropriately placed.
   
F. Expectation of Showreel Presentation
Our Video playing system is built upon a Streaming Video Service and we strive to provide a near buffer-free, stall-free, high resolution image in a large format player. You acknowledge that the end user experience will vary considerably based upon factors not within our control such as, but not limited to, the age of their computer, the number of programs they may have open or running on their computer at time of viewing, as well as the type, speed, load and quality of their connection to the internet. These factors will affect their ability to view our video. To compensate for such variances, we offer video in three User selectable delivery speeds and adjust player size to present a quality, high resolution image matched as best possible to their optimal connection speed.
   
G. Payment
All paid Listings are due in US Dollars.
   
H. Term
All Listings are for a Term expiring one year from date the order is placed. Currently we apply an additional 14 days to the expiration date. The encoding process that MyFilmCrews.com utilizes to achieve it’s high quality of video presentation on Showreel Listings requires a manual process that can take up to three days. In addition, on rare occasion, we may find a Listing that does not comply with the terms of this Agreement and may require changes. In this event, the Listing will be rendered inactive until required changes are made. To accommodate for the encoding delay and as a courtesy to Users who have edits to make, we offer the additional 14 days.
   
I. Renewal of Free and Paid Listings
Currently Listings do not automatically renew. At the end of the Term, unless renewed Manually, your Listing will automatically be made Inactive and will the Listing will not be publicly visible. The option to Automatically Renew may be offered soon. At such time, the Terms of Use will be changed and you will be sent an email notification. Your account will stay as Manual Renew until you choose to make it Automatic.
   
J. Refund
Upon your request, we will refund a pro-rated amount of your paid Listing, including Showreel Listings, up to 100 percent of your actual amount paid, based upon the date of any problem caused by us, excluding reasonable temporary service interruptions whether initiated by us or not. For all other reasons of cancellation, please contact us at adminMyFilmCrews.com (or click     Email Us ). In such cases we may refund a pro-rated amount of your paid Listing, up to 100 percent of your actual amount paid excepting Showreel Listings where any refund will be the pro-rated amount less a fixed price of $60 per uploaded showreel as this is an unrecoverable cost. As stated elsewhere in this Agreement, we reserve the right to make your Listing inactive if your Listing is found to be in violation of this Agreement. In such cases should you make no attempt to correct your Listing, we will Refund your actual paid amount, prorated from the time the Listing is made inactive. Refunds will be denied for Users who knowingly or repetitively post Listings in violation of our Agreement. Refunds will be issued by PayPal or Bank Check within 3 weeks of confirmation of Refund.
   
13. Errors, Corrections and Changes.
 

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

   
14. Unlawful Activity.
  We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
   
15. Blocking of IP Addresses.
 

We reserve the right at any time, at our sole discretion, and without notice, to block any User’s access to the Site, including Users from certain IP addresses, for any reason. Registered Users who have been blocked and who have placed a paid Listing and who are in compliance of this Agreement will receive a Refund in Full of any paid monies.

   
16. Nontransferable.
 

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

   
17. Indemnification.
  You agree to indemnify, defend and hold us and our partners, agents, officers, licensors, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim, demand and expense, including reasonable attorney's fees, made by any third party due to or arising out of your use of the services provided by this Site in violation of this Agreement, and/or by transmission of any message, and/or any breach of your representations and warranties set forth above. This indemnification shall survive the termination of the agreement.
   
18. Disclaimer.
  MyFilmCrews.com presents information, video images and sounds, still images, downloadable files, Banner Advertisements and similar forms of communication that is all User generated. You understand and acknowledge that no one is recommending to you any person or company mentioned on the Site. You are solely responsible for any possible interaction and/or transaction, including but not limited to production discussion, hiring arrangements, producing arrangements, contractual agreements, etc… , with anyone or any company introduced or contacted through this Site. Furthermore, WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, DELAY DUE TO SLOW WEB PAGE LOADING, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF THE SITE. WE ARE 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 EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SITE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE IT PROVIDES, ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, AND BETWEEN USERS AND ADVERTISERS OR SPONSERS, WHETHER ONLINE OR OFFLINE.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, UNTIMELY INFORMATION, INCORRECT INFORMATION, INACCURATE INFORMATION OR OTHER LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFORMATION PROVIDED IN THE SITE. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN CLAUSE 19. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PUNITIVE DAMAGE OF ANY KING, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), INFORMATION PROVIDED BY LISTING, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR USER POSTING A LISTING.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM, DOCUMENT, OR OTHER TYPE OF ELECTRONIC FILE OF THIS SITE ARE DISCLAIMED.
   
19. Limitation of Liability
  THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE PROVIDED BY THE SITE AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
   
20. Legal Compliance.
  You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
   
21. United States Export Controls.
 

Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Sudan, Syria, or any other Country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

   
22. International Visitors
 

MyFilmCrews.com is operated in the United States and utilizes servers based in the United States as well as, at times, video processing servers in numerous countries around the word. If you do not reside within the United States and are reviewing information on this Website and/or posting a Listing on this Website you agree that such information will be transferred to and processed in the United States.

   
23. Links to other Web Sites.
  In addition to Listings, third parties, or advertisers (collectively “Third Parties”) presented on this Site, may provide links to other Websites. You understand that we do not operate or control the products or services offered by Third Parties. Third Parties are responsible for all aspects of production, post production, non-production related services or products, order processing, fulfillment, billing and customer service. We are not responsible and assume no liability for any goods or services you may contract or purchase , nor are we responsible and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. These linked Websites may also contain opinions and viewpoints that do not necessarily coincide with our opinions and viewpoints. Those linked Websites may also have privacy policies different than our policy. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods, services, accuracy or opinions available on or through any such site or resource. If you decide to leave our Site and access these linked Websites, you do soAT YOUR OWN RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
   
24. Privacy Policy.
  Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link.
   
25. Purchasing.
  You represent and warrant that if you are purchasing something from us or from Merchants or Advertisers that any credit information you supply is true and complete, and charges incurred by you will be honored by you or your credit card company, and that you will pay the charges incurred by you at the posted prices, including any applicable taxes.
   
26. Miscellaneous.
  This Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 18 and 19. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
   
27. Arbitration.
  Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
 
 
     
 
 
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