TERMS OF SERVICE
Use of the WIFV/NE website and its services are subject to the following Terms of Service Agreement (“TOS”). WIFV/NE reserves the right to update the TOS at any time without notice. By using this website, you acknowledge and agree to these limitations as set forth.
These terms of service constitute a binding legal agreement (the “Agreement”) between you and WIFV/NE. If you do not accept the terms stated here, do not use the Website. This Agreement contains the complete terms that apply to your use and participation, and by using the Website you agree to be legally bound by the terms and conditions set forth in this Agreement. This Agreement is subject to change and may be modified at any time, and any such modification shall be effective immediately upon posting of the modified agreement on the Website. If you find changes in these terms that are unacceptable, you should discontinue your use of the Website. Your right to use the Website will terminate immediately, without any further action by WIFV/NE if you breach any terms of this Agreement.
(a) Authorization of Use and General Prohibited Uses. WIFV/NE authorizes you to view and download a single copy of content on the Website, including content provided by RSS feed, Atom feed or other web feed, solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement. The Website shall not be used by any person to post, transmit, display, publish, or distribute content that (i) violates this Agreement, (ii) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others, (iii) is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, a sexually-explicit or parody image or text, chain letters and pyramid schemes, or (iv) violates applicable laws, including without limitation, consumer protection and trade laws and regulations. Except as specifically authorized by WIFV/NE, Users may not deep-link to the Website for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Website or the Material (as defined below).
(b) WIFV/NE reserves the right to expel users and prevent their further access to the Website for violating this Agreement or the law. Parents and guardians are solely responsible for use of this site by their children under the age of eighteen. Minors may not use this site without actual parental supervision.
DESCRIPTION OF SERVICES
WIFV/NE provides you with access to a variety of resources (“Services”) including general information, message and/or communication facilities, downloads, and calendars, etc. and includes a Members Only section that can be accessed only by WIFV/NE members. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOS.
USE OF CONTENT
Use of WIFV/NE content (documents, whitepapers, graphics, logos, software, forums, polls, etc.) is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted by WIFV/NE. Elements of WIFV/NE websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. Content other than that belonging to WIFV/NE is licensed or otherwise published by WIFV/NE with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.
LIMITS OF LIABILITY
WIFV/NE makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “as is,” and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. In no event shall WIFV/NE, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site.
Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by WIFV/NE as a convenience to its users. WIFV/NE is not responsible for the materials contained at any website linked to this site.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any WIFV/NE website, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any WIFV/NE server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
COPYRIGHT; PROHIBITION AGAINST COPYING
The contents of the Website, such as the compilation and arrangement of content including text, graphics, images and other materials, and the hypertext markup language (HTML), scripts, active server pages (ASP), content provided by RSS feed, Atom feed or other web feed or other content or software used in or provided through the Website (the “Material”), are protected by copyright under both United States and foreign laws. All rights reserved. Unauthorized use of the Material may violate copyright, trademark, and other laws. Regardless of the extent to which the Material is protected by copyright you agree that you may not sell or modify the Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by WIFV/NE. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. The use of the Material on any other Website or other telecommunication media or in a networked computer environment for any purpose, without the prior express written permission of WIFV/NE, is prohibited.
Member Services may contain forums, surveys, calendars, and/or other message or communication facilities designed to communicate with you. You agree to use the communication services only to view and post messages and materials that are proper and, when applicable, related to the particular communication service. By way of example, and not as a limitation, you agree that you will not:
WIFV/NE reserves the right to review materials posted to the Member Services and to remove any materials at its sole discretion. WIFV/NE reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.
Always use caution when giving out any personally identifiable information in any Services. WIFV/NE does not control or endorse the content, messages or information found in any Member Services and, therefore, WIFV/NE specifically disclaims any liability with regard to the Member Services and any actions resulting from your participation in any Member Services.
OTHER BUSINESSES AND LINKS TO OTHER SITES
WIFV/NE may provide links to the sites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by WIFV/NE of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. WIFV/NE is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use. WIFV/NE has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs as a result of products listed on the Site.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE WIFV/NE, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH WIFV/NE, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY WIFV/NE ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WIFV/NE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIFV/NE SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. WIFV/NE DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF WIFV/NE’S CONTROL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WIFV/NE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WIFV/NE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM WIFV/NE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIFV/NE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
IP OWNERSHIP AND COPYRIGHT INFRINGEMENT
WIFV/NE disclaims any responsibility for the content of any third party materials provided through or on its Site or other services (“Third Party Content”). WIFV/NE will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act (“DMCA”), which may include WIFV/NE removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to WIFV/NE regarding matters other than informing WIFV/NE that a party’s copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process. Written notification must be submitted to the following Designated Agent:
Women In Film & Video/New England
P.O. Box 118
East Boston, MA 02128
To be effective, your infringement notification must include the following:
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
To be effective, a Counter Notification must be a written communication provided to WIFV/NE’s Designated Agent that includes substantially the following: