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Agreement
Agreement. By accessing, viewing, and using this "Website" "You" (or "Your") agree to be bound by all the terms and conditions of this Terms of Use Agreement ("Agreement") and do hereby enter into the Agreement with FilmFitti, LLC "FilmFitti" of this site of Your own free will, are of competent age and mental state, and are otherwise fully capable and qualified to be bound. These Terms of Use are subject, without notice, to change and modification from time to time. Your agreement to be bound shall extend to the Terms of Use as they now exist or as they are modified and/or changed. IF YOU DO NOT AGREE TO BE BOUND THEN YOU ARE REQUIRED TO CEASE ALL USE OF THE WEBSITE AND ITS CONTENT. Website License. FilmFitti grants to You, and You do hereby accept, a limited, nontransferable, revocable license to access and make personal use of this Website and not to download (other than for page caching), modify, alter, adjust, change, or amend the Website in any way. This license does not include 付he right to resale or commercially use this Website or its contents or the right to make any collection and use of any content, postings, or viewable materials, listings, or descriptions 付he right to make any derivative use of this site or its contents 付he right to any downloading or copying of information for the benefit of another merchant 付he right to use data mining, robots, spider, offline readers, or similar data gathering and extraction tools 付he right to reproduce, duplicate, copy, sell, resell, sublicense, or otherwise exploit the site or any portion of this site for any commercial purpose except as set forth herein 付he right to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FilmFitti 付he right to use any meta tags or any other "hidden text" utilizing FilmFitti's name or trademarks Engaging in any unauthorized use terminates the permission or license granted herein. Copyrights. All content (other than User Submissions), compilation of content, and software included or used on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of FilmFitti or its content suppliers and are protected by United States and international copyright laws. You hereby agree not to make any use of any of the copyrighted material or content appearing on this site, without the express written permission of FilmFitti. Trademarks. FilmFitti's trademarks, identified on this site with a TM or ®, are the exclusive property of FilmFitti. All other trademarks not owned by FilmFitti that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FilmFitti. You hereby agree not to make any use of any of the trademarks appearing on this site, without the express written permission of FilmFitti. Personal Information. You hereby agree and acknowledge that FilmFitti may utilize electronic means of information capture and usage such as cookies, domain name and host capture, browser software capture, IP address capture, and the like. FilmFitti reserves the right to collect and use such information in accordance with generally accepted industry practices. If You actively submit personal information to FilmFitti, FilmFitti shall use commercially reasonable efforts to safeguard and protect such information and to use such information only for the purposes intended; however, YOU ACKNOWLEDGE THAT THE SUBMISSION OF PERSONAL INFORMATION IS AT YOUR RISK AND THAT THE PROPRIETOR WAIVES ALL WARRANTIES AND LIMITS ALL LIABILITY ASSOCIATED WITH SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER THE LAW. Disclaimer of Warranties and Waivers. THIS SITE IS PROVIDED "AS IS" THE PROPRIETOR MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE PRODUCTS, CONTENT, SOFTWARE, INFORMATION, OR SERVICES PROVIDED HEREIN, ALL SUCH EXPRESS OR IMPLIED WARRANTIES ARE EXPRESSLY WAIVED TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. THE PROPRIETOR DOES NOT WARRANT THAT THE SITE IS FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL ELECTRONIC OBJECTS AND COMPONENTS. THE PROPRIETOR SHALL NOT BE LIABLE TO THE USER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES. AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, USER EXPRESSLY AGREES THAT USER'S USE OF THIS SITE IS AT USER'S SOLE RISK. YOU UNDERSTAND THAT WHEN USING THE WEBSITE, YOU WILL BE EXPOSED TO MATERIAL THAT MAY BE OR IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE TO YOU. FILMFITTI IS NOT RESPONSIBLE FOR THE FOREGOING AS WELL AS ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO USER SUBMISSIONS. YOU HEREBY AGREE TO WAIVE ANY AND ALL LEGAL OR EQUITABLE RIGHTS OR REMEDIES THAT YOU MAY HAVE OR MAY HAVE AGAINST FILMFITTI WITH RESPECT THERETO. Indemnification. You agree to indemnify and hold FilmFitti harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your breach of this Agreement, Your use of this Website, or Your violation of any law or the rights of any third party. Applicable Law. By visiting this site, You agree that any disputes concerning or involving these Conditions of Use, or the use of this site, shall be governed in accordance with the laws of the State of Iowa. You hereby consent to the personal jurisdiction of the courts of the State of Iowa for resolution of all disputes concerning or involving this Agreement, or Your use of this Website. Amendment. FilmFitti reserves the right to amend this Agreement at any time, by posting on this Website said amended Agreement, Your use and continued use of this Website is deemed an agreement to be bound by any such Amendments. Limitations On Actions. YOU AGREE THAT ANY CAUSE OF ACTION THAT MAY ARISE, RESULT, OR OCCUR AS A RESULT OF YOUR USE OF THE WEBSITE, OR FROM ENTERING INTO THIS AGREEMENT, MUST BE COMMENCED NOT LONGER THAN ONE (1) YEAR FROM THE DATE SUCH CAUSE OF ACTION ACCRUES, OTHERWISE YOU WAIVE ALL RIGHT TO BRING SUCH CAUSE OF ACTION AND SUCH ACTION IS FOREVER BARRED AND DISCHARGED. Transferability. Your agree that Your rights and obligations under this Agreement may not be transferred, assigned, licensed, or otherwise alienated without the express written permission of FilmFitti, wherein said permission may be denied for any reason. User Submission. FilmFitti may permit the submission of videos or other communications submitted by You or other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, FilmFitti does not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, You affirm, represent, and/or warrant that 漂ou own or have the necessary licenses, rights, consents, and permissions to use and authorize FilmFitti to use all patent, trademark, trade secret, copyright or other intellectual property rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement 漂ou have the written consent, release, and/or permission of each and every identifiable individual person or entity in or depicted in the User Submission to use the name or likeness of each and every such identifiable individual person or entity to enable inclusion and use of the User Submissions on the Website in accord with this Agreement. By submitting the User Submissions to FilmFitti, You hereby grant FilmFitti a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the FilmFitti Website and FilmFitti's (and its successor's) business, including without limitation for promoting and redistributing part or all of the FilmFitti Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the FilmFitti Website a non-exclusive license to access Your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions 漂ou hereby grant to FilmFitti the right to alter, amend, and create derivatives of Your User Submissions to the extent necessary to allow the placement of advertisements, announcements, and/or commercials in, before, and after Your User Submissions, whether such placement is made by FilmFitti, or made by, or on the behalf of, a third party associated or affiliated with FilmFitti You further agree that Your User Submission will not 苗ontain any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant FilmFitti all of the license rights granted herein 苗ontain any falsehoods, misstatements, frauds, libelous, slanders, or misrepresentations that could damage FilmFitti or any third party 苗ontain any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate as determined in the discretion of FilmFitti 不ubmit advertisements or solicitations for business 病n impersonation of another person User Submissions should not be considered as being endorsed, recommended, sanctioned, or approved in any manner by FilmFitti, and FilmFitti expressly disclaims any and all liability in connection with User Submissions. FilmFitti does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and FilmFitti will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. FilmFitti reserves the right to remove User Submissions without prior notice. FilmFitti will also terminate a Your access to this Website if You violate this Agreement. FilmFitti also reserves the right to decide whether User Submission is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. FilmFitti may remove such User Submissions and/or terminate access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion. If a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing 病 physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed 品dentification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 品dentification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material 品nformation reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail 病 statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law 病 statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed FilmFitti's designated Agent to receive notifications of claimed infringement is _____________________________ _____________________________ _____________________________ _____________________________ Failure to comply with all of the requirements of the foregoing, may result in the waiver or invalidity of the DMCA.
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