JEIFA WEBSITE TERMS AND CONDITIONS

Introduction

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

You must be at least [18] years of age to use this website.  By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.  The JEIFA Institute [hereafter, JEIFA] does not knowingly collect information about any of its users; specifically noting that it does not knowingly collect information about children under the age of 13.

 

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of JEIFA’s privacy policy.

 

 

License to use website

 

Unless otherwise stated, JEIFA and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

 

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• redistribute material from this website [except for content specifically and expressly made available for redistribution].

 

You may:

 

• report JEIFA announcements, specifically nominees and winners of JEIFA Awards for any year made public on the JEIFA website;
• report JEIFA news announcements, schedules, and timelines relevant to the JEIFA Awards, their nomination, and their presentation.

 

 

Ownership

 

Your use of the JEIFA website does not grant to you ownership of any content, code, data or materials you may access on or through the website.  By making information about JEIFA public through its website, including but not limited to its branding, its awards ceremonies, lists of nominees and lists of winners, JEIFA does not waive any rights to this material nor grant any user of its website any rights to content on the website.

 

 

Branding

 

The name of the institute, its logos, marks and trade names (collectively JEIFA branding) displayed on the website or on content available through the website, are registered and unregistered trademarks of JEIFA. All trademarks, copyrights, logos, and marks not owned by JEIFA that appear on the website, if any, are the property of their respective owners.

 

You are not permitted to use JEIFA branding without our prior written consent. Your misuse of JEIFA branding displayed on the website is strictly prohibited.

 

 

Purpose

 

The JEIFA website promotes and realizes the mission of the JEIFA Institute which is to facilitate appreciation of excellence in film by weaving together a diverse perspective of film appreciation, assessment and accolade from critics, guilds/professionals, major and historical awards programs and film enthusiasts.   The nominees and winners of JEIFA Awards represent achievement recognized by the broadest, most diverse and multifaceted collection of perspectives available in the film industry today.  

 

 

Acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without JEIFA’s express written consent.

 

 

Restricted access

 

Access to certain areas of this website is restricted.  JEIFA reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at JEIFA’s discretion.

 

If JEIFA provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

 

JEIFA may disable your user ID and password in JEIFA’s sole discretion without notice or explanation.

 

 

User content

 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to JEIFA a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to JEIFA the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or JEIFA or a third party (in each case under any applicable law). 

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

JEIFA reserves the right to edit or remove any material submitted to this website, or stored on JEIFA’s servers, or hosted or published upon this website.

 

Notwithstanding JEIFA’s rights under these terms and conditions in relation to user content, JEIFA does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  JEIFA makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, JEIFA does not warrant that:

 

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

 

 

Limitations of liability

The information on the JEIFA website may include inaccuracies or typographical errors. JEIFA reserves the right to edit, add to, or remove content from the website at any time and with no notice.

 

JEIFA will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if JEIFA has been expressly advised of the potential loss.

 

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit JEIFA’s liability in respect of any:

 

• death or personal injury caused by JEIFA’s negligence;
• fraud or fraudulent misrepresentation on the part of JEIFA; or
• matter which it would be illegal or unlawful for JEIFA to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

 

Indemnity

 

You hereby indemnify JEIFA and undertake to keep JEIFA indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by JEIFA to a third party in settlement of a claim or dispute on the advice of JEIFA’s legal advisers) incurred or suffered by JEIFA arising out of any breach by you of any provision of these terms and conditions.  You agree to indemnify, defend and hold harmless JEIFA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses relating to or arising out of your use of or inability to use the JEIFA website, your user postings, your violation of any terms of this agreement, rights of a third party, or your violation of any applicable laws, rules or regulations.

 

 

Breaches of these terms and conditions

 

Without prejudice to JEIFA’s other rights under these terms and conditions, if you breach these terms and conditions in any way, JEIFA may take such action as JEIFA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

 

Variation

 

JEIFA may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

 

Assignment

 

JEIFA may transfer, sub-contract or otherwise deal with JEIFA’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

 

Entire agreement

 

These terms and conditions constitute the entire agreement between you and JEIFA in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

 

Issues of Copyright

 

JEIFA respects the intellectual property rights of others, and requires that people who use the JEIFA website do the same.  To JEIFA’s knowledge, no images, logos, trademarks, or copyrighted material, registered or unregistered by other organizations, appears on its website.  If you believe that your work has been copied in a way that constitutes copyright infringement, please utilize the Contact Form on this website to report your concern.  You should clearly state what material you claim has been infringed, where it is located on the JEIFA website, a statement that you are authorized to act on behalf of the owner of the copyright interest, and a statement by you, made under penalty of perjury, that the information you supply in the contact form is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

JEIFA utilizes web technology and html code to access, display and import information about films and film professionals (actors, directors, etc.) for the purpose outlined in these terms of use. This technology displays, accesses and imports material understood to JEIFA to not be in violation of intellectual property rights of others. In some cases, this material is stored on the originating website. In some cases, this material is imported and stored on the JEIFA website. If you believe that your work has been copied in a way that constitutes copyright infringement and is stored on a third-party website, please proceed at your own risk to that website and follow their procedures for reporting your concern. If you believe that your work has been copied in a way that constitutes copyright infringement and is stored on the JEIFA website, please utilize the Contact Form on this website to report your concern. You should clearly state what material you claim has been infringed, where it is located on the JEIFA website, a statement that you are authorized to act on behalf of the owner of the copyright interest, and a statement by you, made under penalty of perjury, that the information you supply in the contact form is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

 

Dispute Resolution

 

Any and all disputes, except those expressly prohibited by the laws of the Commonwealth of Massachusetts, between you and JEIFA arising under or related in any way to these Terms of Use, must be resolved through binding arbitration as described in this section.  You agree that by entering into this agreement, you and JEIFA waive the right to trial by jury or to participate in class action.  Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

 

Law and jurisdiction

 

These terms and conditions will be governed by and construed in accordance with the Commonwealth of Massachusetts and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Massachusetts.

 

 

JEIFA’s details

 

The full name of JEIFA is JEIFA Institute. 

You can contact JEIFA via the Contact Form on this website or by email.

 

Credit

This document was created using a Contractology template available at http://www.contractology.com.