FilmProfit® is a registered trademark of FilmProfit, LLC.
By using FilmProfit® Web site found at http://filmprofit.com, or the FilmDependent Web site found at http://filmdependent.com and all related Web sites, you hereby agree to be bound by all of the terms and conditions contained in this User Agreement (“Agreement”) and you shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the FilmProfit web sites.
FilmProfit, LLC reserves the right at its discretion to change the terms of this Agreement at any time. Your continued use of any of the related family of Web Sites after the posting of any notice of change in terms shall constitute your acceptance to be bound by any such changes.
Changes to FilmProfit, LLC Family of Web Sites. FilmProfit, LLC may modify, suspend, discontinue or restrict the use of any portion of the FilmProfit Web Site, at any time and without notice or liability.
1. LIMITATIONS ON USE
Copyright and Restrictions. All information displayed, transmitted or carried on the FilmProfit, LLC Family of Web Sites (including, but not limited to, entertainment data, directories, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks and the like, collectively the “Content”) is protected by copyright and other intellectual property laws. The Content is owned by FilmProfit, LLC unless otherwise noted. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit any of the Content or infringe upon trademarks or service marks contained in such Content without explicit written consent. You agree to abide by all copyright notices and restrictions attached to any Content accessed through the FilmProfit Web Site, not to alter the Content in any way, and not to alter or remove any trademark, copyright or any other notice(s) from copies of the Content.
Permitted Use. You shall not archive or retain any Content in any form without the express written permission of FilmProfit, LLC. You may not distribute (including via e-mail or the Internet), or otherwise make available, copies to others whether or not for payment or other consideration, without the written permission of FilmProfit, LLC. You may submit requests for permission to retain, distribute or reproduce to FilmProfit, LLC by using our Contact Page.
LICENSE AGREEMENT FOR FILMPROFIT DOCUMENTS AND REPORTS, READ CAREFULLY
By executing an order form for any reports, data, or other content from FilmProfit, Licensee/s agree that the FilmProfit Documents and/or Report/s which they are licensing from Big Horse, Inc. is/are the property of FilmProfit, LLC, and that the documents and concepts created by the Company and used by Licensee/s for the purposes of marketing ONE motion picture project may not be used in conjunction with any other project or any other offering by Producer/s without express written approval. Producer/s agree that they are not free to give, trade, barter, sell, or in any other way dispose of their license to use the FilmProfit Documents and/or Report/s to any other person, party or entity. In any case, any license contemplated under this notice is not considered conferred in whole or in part unless and until all monies due FilmProfit, LLC to obtain the license have been paid, or a separate contingent conferring of the license has been made in writing by FilmProfit, LLC.
IT IS NOT PERMISSIBLE TO STORE ANY LICENSED DOCUMENTS AND/OR REPORTS IN ANY PUBLICLY ADDRESSABLE RETRIEVAL SYSTEM, or to incorporate the Documents and/or Reports in other documents which are so stored and retrievable.
2. FEES AND PAYMENTS
You agree to pay all charges incurred on your Account, including charges, surcharges or monthly subscription fees for use of the FilmProfit Web Site, or any portion thereof, as well as charges for any merchandise or services you add to your Account. ILLEGAL, FRAUDULENT OR ABUSIVE USE OF AN ACCOUNT IS GROUNDS FOR TERMINATION OF SUCH ACCOUNT AND MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES. You shall pay all applicable taxes relating to use of the FilmProfit Web Site through your Account. FilmProfit Web Site may elect to add or change fees at any time with no prior notice to its users. While FilmProfit Web Site is careful to protect your credit card information, the nature of the Internet is such that any information you send could be viewed while it is in transit. FILMPROFIT, LLC AND FILMPROFIT WEB SITE SHALL NOT BE LIABLE FOR ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
THE FILMPROFIT WEB SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. FILMPROFIT, LLC DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE FILMPROFIT WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
FILMPROFIT, LLC MAKES NO WARRANTY REGARDING THE FILMPROFIT WEB SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE FILMPROFIT WEB SITE, OTHER THAN THE CLEARLY STATED WARRANTIES OF FILMPROFIT SOFTWARE. FILMPROFIT, LLC EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THE FILMPROFIT WEB SITE; AND (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OR AGAINST INFRINGEMENT. IN NO EVENT WILL FILMPROFIT, LLC, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THE FILMPROFIT WEB SITE, ITS PUBLIC POSTING BULLETIN BOARDS, ITS CONTENT OR ANY ERRORS OR OMISSIONS IN ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY LIABILITY OF FILMPROFIT, LLC, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID FOR THE PRODUCT OR SERVICE ITSELF.
NOTICE OF TERMINATION TO FILMPROFIT WEB SITE IS THE ONLY REMEDY AFFORDED MEMBERS DISSATISFIED WITH THE CONTENT, OR CHANGES IN POLICIES, TERMS OF THIS AGREEMENT OR SERVICES FEES RELATING TO THE FILMPROFIT WEB SITE.
4. TERM AND TERMINATION
If you decide to cancel your FilmProfit website access account, if any such account exists, for any reason within the first 30 days you will be entitled to a refund of all Account fees paid. Notwithstanding the foregoing, if your usage during that 30 day period exceeds your Account plan you will be responsible for the payment of all fees related to the excess usage. You agree that FilmProfit, LLC may offset any such amounts against any refund you are entitled to. At the end of your term, Annual subscribers, unless FilmProfit or FilmProfit, LLC notifies you in writing, will be automatically renewed for an additional term at existing rates. For Monthly subscribers, at the end of the month your account will be automatically renewed at existing rates. Monthly subscribers must notify FilmProfit, LLC on or before the last day of the current month to deactivate their account. If no such notification is made, FilmProfit, LLC reserves the right to bill member for the following month of service. You will remain responsible for the payment of all charges incurred in your account before the termination becomes effective. You may cancel this agreement by notifying FilmProfit, LLC:
4110 SE Hawthorne Bl., 927
Portland OR 97214
Any such notice of termination will be effective upon receipt by FilmProfit, LLC.
FilmProfit, LLC may elect to block access to the site if you are in default of any provision of the Agreement or if charges to your credit card account for your use of the service(s) are rejected. This agreement and the license provided herein may be terminated by FilmProfit, LLC at any time for any reason without notice. The provisions of Paragraph 2 “Fees and Payments” and Paragraph 3 “General Disclaimer and Limitation of Liability” and Paragraph 5 “Indemnification” shall survive the termination of this Agreement.
Subscriber agrees to indemnify, defend and hold harmless FilmProfit, LLC, its affiliated companies, employees, agents, and any third-party information providers from and against all losses, expenses, damages, costs, including attorney fees resulting from any violation of this Agreement or any activity related to subscriber’s account, including negligent or wrongful conduct by the subscriber or any other person accessing the FilmProfit Web Site using the subscriber’s account.
6. ACCURATE SUBSCRIBER INFORMATION
Subscriber shall provide FilmProfit, LLC with accurate, complete and updated information as to his or her name, email address, and credit card information provided by Subscriber at registration. Failure to do so shall constitute a breach of this Agreement.
7. EXTERNAL LINKS
FilmProfit Web Site contains links to other web sites, resources and advertisers. FilmProfit, LLC is not responsible for the availability of these external sites nor does it endorse or is it responsible for any of the contents, advertising, products or other materials on such external sites. Under no circumstances shall FilmProfit Web Site be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available at such external site. Any concerns regarding any external link should be directed to its respective site administrator.
At FilmProfit we do not collect any personal or user identifiable data that you do not directly and freely give to us through an active form submission.
-This also means that we do not have any way to collect email addresses or any other information which you do not freely give to us through signing up for our newsletters, filling out contact forms, or the like.
-If you have signed up for one of our newsletters or through our contact forms, rest assured that we do not sell your data to any other parties, nor do we trade or give your data to any other parties, service or website. We never have and never will.
-If you have signed up for any of our newsletters or communicated with us through our contact forms, you can unsubscribe from our lists at any time. There is an unsubscribe link in every newsletter or email we may send to our subscribers.
-If you have used our store to complete a transaction, we do not have access to your payment information, but do have identifiable information that enables us to complete your transaction and deliver services to you. We do not and will not share that information with any other parties or services besides our store provider.
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help with spam detection.
MailPoet Newsletter & Emails
If you have subscribed to our newsletter or if you are a member of our website (you can log in) or if you have purchased on our website, there is a good chance you will receive emails from us.
We will only send you emails which you have signed up to receive, or which pertain to the services we provide.
To send you emails, we use the name and email address you provide us. Our site also logs the IP address you used when you signed up for the service to prevent abuse of the system.
This website can send emails through the MailPoet sending service. This service allows us to track opens and clicks on our emails. We use this information to improve the content of our newsletters.
No identifiable information is otherwise tracked outside this website except for the email address.
Akismet Spam Prevention Service
We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).
This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflicts of law provisions. Any cause of action with respect to this Agreement and your rights and obligations must be filed in the County of Multnomah, State of Oregon within one year after the cause of action, otherwise the cause shall be barred. The parties agree that this agreement is the complete and exclusive statement of the Agreement between the parties which supersedes all prior proposals, understandings, and all other agreements oral or written between the parties relating to this Agreement. If any provision of this Agreement is invalid, illegal, or un enforceable under any statute or rule of law it is to that extent deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible.