PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR SERVICES. NOTE: THERE ARE NO RETURNS OR REFUNDS FOR PURCHASES MADE. ALL SALES ARE FINAL. THIS TERMS AND CONDITIONS AGREEMENT IS EFFECTIVE AS OF 08/01/2016.
ACCEPTANCE OF TERMS
The following TERMS AND CONDITIONS Agreement (the “TAC”) is a legally binding agreement that is incorporated by reference in any other agreement between the BCFS and users of its website, and shall govern the relationship with our users and others which may have an interest in or interface with the Broward County Film Society, Inc. (“BCFS”), a non-profit corporation, located at Cinema Paradiso Hollywood; 2008 Hollywood Blvd, Hollywood, FL 33019 and Savor Cinema; 503 SE 6th Street, Ft. Lauderdale, FL 33301 and any off-site event locations expressly involved with BCFS events, programs and services, associated with the use of the BCFS website, which include FLiFF.com and ParadisoCinemas.com (the “Site”) and its services, which shall be defined below.
- DESCRIPTION OF SERVICES OFFERED
The Site is a non-profit website which has the following description:
It provides information about BCFS events, including a means to purchase tickets, all to serve BCFS Mission: BRINGING PEOPLE TOGETHER YEAR-ROUND, USING CINEMA TO EDUCATE AND INSPIRE WHILE SHOWCASING THE BEST IN FILMMAKING. The BCFS relies on grants, bequests, donations, membership, event and other ticket sales revenue for the sustained functionality of its theaters and organized year-round events.
Any and all visitors to our site(s) shall be deemed as “users” of the herein contained services provided for the purpose of the TAC.
By becoming a Sustainer Member of BCFS, you agree to pay your annual Membership fees in a monthly installment plan or in one annual payment by credit card or withdrawal from your bank. If you sign up as a Member as a Monthly Sustained Member Program, your Member fees will be automatically withdrawn monthly and will not increase in price for three years. If you sign up as a Member and choose to pay the one time, annual price, your Membership fees will renew automatically after twelve consecutive months and are subject to BCFS annual membership price increases.
The user acknowledges and agrees that the Services provided and made available through our website and applications, may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs and are the sole property of Broward County Film Society. At its discretion, BCFS may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. BCFS does hereby reserve the right to cancel and ceases offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that BCFS shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the services offered shall be provided “as is” and as such, BCFS shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
- CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the Internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to the Export Administration Regulations, as well as the sanctions control program of the United States. Furthermore, you state, represent and pledge that you:
- Are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- Agree to not transfer any software, technology or any other technical data through the use of our network services to any export-prohibited country;
- Agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the US export laws; and
- Agree not to post, neither transfer nor upload any software, technology or any other technical data, which would be in violation of the US or other applicable export and/or import laws.
- CONTRACTUAL OBLIGATIONS FOR MEMBERSHIP AND DONOR BENEFIT PACKAGES
BCFS Sustainer Monthly Membership is a minimum of a one-year commitment. This commitment renews automatically annually. You may cancel at any time, however if you are an Executive Producer or Superstar Member, you agree that a penalty of the remainder of the years’ commitment will be charged to your account before it is cancelled. You agree that these Terms and Conditions shall remain in effect until you notify BCFS Member Services and your bank in writing, that you wish to end this agreement. You aware that the process could take up to 30 days.
By joining BCFS’s Monthly Sustaining Membership program or becoming a Sustaining Monthly Donor, you give authorization for a monthly auto-withdrawal of funds from either your bank account or the credit card provided at enrollment. If the credit card provided expires or is otherwise declined or the bank account changes, you agree that you will provide BCFS the most up-to-date information within three business days. You furthermore agree that if you cannot or do not provide up-to-date financial information, your benefits will be withdrawn and your membership cancelled.
- CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
The BCFS shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for BCFS the below listed worldwide, royalty free and non-exclusive licenses, as applicable:
Photos, audio, video and/or graphics submitted, taken or made available for inclusion in the publicly accessible areas of the BCFS’s sites, the license provided to permit use, distribution, reproduction, modifications, adaptations, publicly perform and/or publicly display said content on our network services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing.
Those areas which may be deemed “publicly accessible” areas of BCFS’s sites are those such areas of our network properties which are meant to be available to the general public, and which include message boards and groups that are openly available to users.
- COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to BCFS’s sites.
Any correspondence or business dealings with, or the participating in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or services, and any such other item, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that BCFS shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either BCFS or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that BCFS is not responsible for the availability of any such external sites or resources, and as such, BCFS does not endorse nor is BCFS responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that the BCFS shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
- PROPRIETARY RIGHTS
You do hereby acknowledge and agree that the BCFS’s Services and any essential software that may be used in connection with our services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by BCFS or such applicable licensor, you agree not to alter, modify, lease, rent, loan, see, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on BCFS services (e.g. Content or Software), in whole or in part.
BCFS herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow a third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
- WARRENTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF BCFS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. BCFS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUB-CONTRACTORS AND LICESORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- BCFS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUB-CONTRACTORS AND LICESORS MAKE NO SUCH ARRANTIES THAT (I) BCFS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) BCFS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE BCFS SERVICES OR SOFTWARE WIL BE ACCURATE OR RELIABLE; (IV) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WIL MEET YOUR EXPECTATIONS; AND (V) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF BCFS SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLAODING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMAITON OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM BCFS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC.
- A SMALL AMOUNT OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVOUSLY UNKOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTRY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ELTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY ENVOLUNTARY MOVEMENT, OR CONVULSIONS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BCFS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUB-CONTRACTORS AND LICESEES SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH YOU MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE BCFS SERVICES;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNATHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER, WHICH MAY BE RELATED TO OUR SERVICE.
- RELEASE AND INDEMNIFICATION
IN THE EVENT YOU ARE INVOLVED IN ANY DISPUTE, YOU AGREE TO RELEASE AND INDEMNIFY BCFS (AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUB-CONTRACTORS AND LICENSEES) from claims, demands, and damages, (actual or inconsequential) of every kind and nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
- EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS, WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
BCFS may furnish you with notices, including those with regards to any changes to the TAC, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Such notices may not be given or received if you violate any aspects of the TAC be accessing our Services in an unauthorized manner. Your acceptance of the TAC constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Serviced in the authorized manner.
- TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the BCFS trademarks, copyright, trade name, service marks, and other BCFS logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of BCFS. You herein agree not to display and/or use in any manner the BCFS logo or marks without obtaining BCFS’s prior written consent.
- COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
BCFS will always respect the intellectual property of others and we ask that all of our users do the same. With regards to appropriate circumstances and at it sole discretion, BCFS may disable and/or terminate the accounts of any user who violates our TAC and/or infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to BCFS the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has infringed upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The BCFS Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Broward County Film society
Attn: Copyright Agent
1314 E. Las Olas Blvd. #007
Ft. Lauderdale, FL 33301
Telephone: (954) 525-3456
- CLOSED CAPTIONING
BE IT KNOWN that the BCFS complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.FLiFF.com.
- GENERAL INFORMATION
This TAC is a mutual agreement between you and BCFS with regard to its subject matter, and you agree that the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TAC, or relationship between you and the BCFS, shall be filed exclusively in the courts having jurisdiction within the county of BROWARD, Florida or the U.S. District court located in Ft. Lauderdale, FL. You and the BCFS agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of the jurisdiction over the parties by such courts and to venue in such courts.
- WAIVER OF SEVERABILITY OF TERM
At any time, should the BCFS fail to exercise or enforce any right or provision of the TAC, such failure shall not constitute a waiver of such right or provision. If any provision of this TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect.
- STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any state or law to the contrary, any claim or action arising out of or related to the use of our Services or to the TAC must be filed within (1) Year after said claim or action arose or shall be forever barred.
Please report any and all violations of this TAC to the Broward County Film Society as follows:
Broward County Film society
1314 E. Las Olas Blvd. #007
Ft. Lauderdale, FL 33301
Telephone: (954) 525-3456