IF YOU ARE USING OR OPENING AN ACCOUNT WITH FILMCHEST MEDIA GROUP, ("FILMCHEST—) ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS, AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.
Additional Restrictions.You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or Services without the prior written consent of FilmChest Media Group; (ii) sublicense, sublease, lease, lend, assign, sell, resell, license, re-license, distribute, rent, export, re-export, permit concurrent use of or grant other rights in the Software or Services and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or Services by any means whatsoever; (iv) remove or alter any copyright and/or other proprietary notices contained on or in the Software or Services; (v) use the Software or Services for unlawful purposes, including to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism, or to facilitate such unlawful purposes. You further represents that you shall not (i) use the Software or Services for any illegal or unauthorized purpose, (ii) transmit worms, viruses or any code of a destructive nature, (iii) display or share Broadcast Content deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any content that encourages conduct that would be considered a criminal offense or bring forth civil liability, and (iv) shall not attempt to hack, destabilize or adapt FilmChest Media Group's website, the Software (or its source code) or Services (or its source code), or alter another website so as to falsely imply that it is affiliated with FilmChest Media Group.
Automatic Updates. You acknowledge that FilmChest Media Group may automatically issue upgraded versions of the Software and, accordingly, may upgrade the version of the Software that you are using or have installed on your computer. You hereby agree that your computer may automatically request and receive such upgrades or updates from FilmChest Media Group's servers.
Prevention of Unauthorized Use. FilmChest Media Group reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Software or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Limited License Grant to FilmChest Media Group and FilmChest Media Group Users. By distributing or disseminating Broadcast Content, you hereby grant to FilmChest Media Group a worldwide, non-exclusive, transferable, assignable, fully paid-up and royalty-free, license to display, perform, reproduce and distribute the Broadcast Content through the Services and any successor versions thereof for so long as you use the Services to distribute or disseminate such Broadcast Content. In addition, you acknowledge and agree that FilmChest Media Group may serve, or have third parties serve, advertisements on the pages upon which the Broadcast Content is displayed and performed. In addition, by distributing or disseminating Broadcast Content, you hereby grant to each user of the Software and Services a limited, non-exclusive license to access and use the Broadcast Content through their use of the Software and/or Services.
Payment Terms and Renewals. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your subscription preferences within the Services, terminate this authorization, or change your selected payment method; provided, however, that such notice will not affect charges submitted before FilmChest Media Group could reasonably act. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you ordered the applicable service. You agree that charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle. Your subscription may be automatically renewed and your credit card account (or other payment method account) will be charged as follows without further authorization from you: (i) every month for monthly subscriptions; (ii) upon every one year anniversary for annual subscriptions; or (iii) such other periodic rate you have selected from among the options offered on the Services. Alternatively, FilmChest Media Group may provide notice to you that you must renew your subscription at the end of each such period. Following FilmChest Media Group's receipt of a request for early termination of your annual subscription, you will receive a credit equal to a subscription fee prorated to correspond to the number of months remaining in your unused subscription term following (as adjusted to provide FilmChest Media Group with a thirty (30) day notice period). For monthly accounts or other accounts with a periodic subscription cycle of less than one year, there are no refunds for cancellations for periodic charges. For monthly subscriptions, you must cancel your subscription at least five (5) business days prior to the first day of the next calendar month to avoid being charged the renewal fee for such month. For all other subscriptions, you must cancel your subscription at least five (5) business days prior to the first day of the next subscription period to avoid being charged the renewal fee for such subscription period.
Account. When you use the Services and/or download the Software, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to FilmChest Media Group on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify FilmChest Media Group. You may be liable for the losses incurred by FilmChest Media Group or others due to any unauthorized use of your account. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure.
No Warranty. The Software and the Services are being provided to you "AS IS— and "AS AVAILABLE— with no warranties. To the full extent allowed by law, THE FilmChest Media Group PARTIES disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT FILMCHEST MEDIA GROUP, ITS AFFILIATES AND ITS LICENSORS WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE AND/OR SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE AND/OR SERVICES IS TO IMMEDIATELY UNINSTALL THE SOFTWARE AND CEASE USE OF THE SOFTWARE AND SERVICES.
SERVICES AND BROADCAST CONTENT. THE FILMCHEST MEDIA GROUP PARTIES DO NOT WARRANT THAT THE DATA, BROADCAST CONTENT OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICES OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.THE FILMCHEST MEDIA GROUP PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
HARM TO YOUR COMPUTER.YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
CLAIMS. YOU AND FILMCHEST MEDIA GROUP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
United States Services. FilmChest Media Group makes no representations that the Services are appropriate or available for use in any location outside the United States.Those who access or use the Software and/or Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.
Risk of Use.You specifically acknowledge and agree that (i) none of the FilmChest Media Group Parties shall be liable for Broadcast Content, or submissions, or the conduct of any third party, and (ii) the entire risk arising out of the foregoing, and out of your use of the Software and Services, remains solely with you, to the maximum extent permitted by law.
Feedback.Any comments, suggestions, or feedback relating to FilmChest Media Group's website, the Services or the Software ("Feedback") submitted to FilmChest Media Group shall become the property of FilmChest Media Group.FilmChest Media Group will not be required to treat any Feedback as confidential and without limitation, will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere.FilmChest Media Group will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. Further, you agree that you do not acquire any right in or to FilmChest Media Group's website, the Services or the Software (or any changes, modifications or corrections thereto) by virtue of any Feedback.You acknowledge that you are responsible for whatever material is submitted by you, and you have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Export.The Software and Services may only be operated, exported or re-exported in compliance with all applicable laws and export regulations of the United States and the country in which you obtained them.The Software and Services is specifically subject to the U.S. Export Administration Regulations; diversion contrary to United States law is prohibited.You may not export, directly or indirectly, the Software, Services or technical data licensed hereunder or the direct product thereof to any country, individual or entity for which the United States Government or any agency thereof, at the time of export, requires an export license or other government approval, without first obtaining such license or approval.
Notices. FilmChest Media Group may provide you with notices, including those regarding changes to terms and conditions, by email, regular mail or postings on the FilmChest Media Group website or Services. Notice will be deemed given twenty-four (24) hours after email is sent, unless FilmChest Media Group is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the FilmChest Media Group website or Services is deemed given ten (10) days following the initial posting.FilmChest Media Group reserves the right to determine the form and means of providing notifications to our users.
European Union. By using the Software and/or Services, if you are located in the European Union, then you understand and consent to the processing of personal information in the United States.