Welcome to Film & TV Tracking, the web site found at www.FilmandTVtracking.com. Please read the following terms of use (“terms of use”) carefully as they govern your use of this website. By accessing, browsing and/or using this site, you (“the user”) acknowledge that you have read, understand and agree to be bound by these terms of use and to comply with all applicable laws and regulations. If you do not agree with these terms of use, you are not authorized to access or use this site.
SERVICE & PAYMENT:
FilmandTVTracking.com (the Site) provides information for professionals in the film & television industries (“Service”). The Service is located on the Internet at www.filmandtvtracking.com. Upon confirmation of your payment for an annual subscription, you are allowed to access the protected portions of the filmandtvtracking.com website using a monthly password that we provide. Individuals may not share the password or allow others to use the password. We also allow individuals without a subscription to access the unprotected, free areas of our site, but those individuals are still bound by these Terms of Use. All subscriptions must be paid in US dollars via a credit card.
USAGE:
You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of Film & TV Tracking. You agree to protect the proprietary rights of Film & TV Tracking and all others having rights in the Service and Content during and after the term of this agreement and to comply with all reasonable written requests made by Film & TV Tracking or its suppliers of content, equipment or otherwise to protect their and others’ contractual, statutory and common law rights in the Service. You agree to notify Film & TV Tracking in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
COPYRIGHT AND PROPRIETARY RIGHTS:
This Site’s “Proprietary Material”, including, but not limited to, text, software, graphics, logos, images and other design elements, organization, design compilation, magnetic translation, digital conversion, and all other information and material made available on or through the Site (“Content”) are our property, and are protected by United States and international copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. We own a copyright in this Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Proprietary Material. Except as expressly provided in these Terms of Use, we do not grant any rights to you under any copyrights, patents, trademarks or trade secret information. Unauthorized use of this Site or the Proprietary Material may violate copyright laws, patent laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights or other laws or regulations. The copying, distribution, redistribution, reproduction, publication, republication, uploading, downloading, transmission, or use by you of any such material or any part of the Site, except as allowed by these Terms of Use, is strictly prohibited. You shall not remove or modify any copyright, trademark or intellectual property or proprietary notice or legend contained on the Site or in the Proprietary Material. The use of any such information or material on any other web site or network computer environment is prohibited by these Terms and Conditions. You do not acquire ownership rights to any content, document or materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
FURTHER RESTRICTIONS OF USE:
You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the service, except that you may download material from the service and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. Modification of the service’s content would be a violation of Film & TV Tracking’s copyright and other proprietary rights. Additionally, you may not offer any part of the service for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of Film & TV Tracking. Furthermore, you may not use any of Film & TV Tracking’s trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to or are associated with you or are used with Film & TV Tracking’s consent, and you acknowledge that you have no ownership rights in and to any of these names and marks. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any of Film & TV Tracking’s trademarks, trade names or service marks in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the service.
You further agree that you may not use web-accelerated browsers or products, or other applications that are capable of copying large portions of content from the site. Film & TV Tracking can detect the use of these systems through live log file analysis and will ban any future use by offenders. You may not use any device, software or routine or the like to interfere or attempt to interfere with any site functionality; take any action that imposes an unreasonable or disproportionately large load on the site infrastructure; use any e-mail addresses appearing on the site for purposes not relating specifically to the site; access the site by any means other than through the interface that is provided by Film & TV Tracking, or attempt to access any area of the site to which your access is not authorized; or reverse engineer, reverse assemble or otherwise attempt to discover any source code relating to the site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
LICENSE:
You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by Film & TV Tracking ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.
CANCELLATION:
All payments are for a 365 day cycle, and will not be pro-rated for cancellation. Users can cancel their accounts via MY ACCOUNTS then the SUBSCRIPTIONS tab/link.
RIGHTS RESERVED:
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and Film & TV Tracking, at all times be and remain the sole and exclusive property of Film & TV Tracking. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Film & TV Tracking for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use Film & TV Tracking’s Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Film & TV Tracking’s prior written approval.
FEES AND PAYMENTS:
(a) You agree to make payments to Film & TV Tracking in accordance with the pricing option you selected. Such payment option has been selected by you by clicking on the selected option. The payment option as of the date of this Agreement is for twelve months.
(b) You acknowledge, understand and agree that such charges shall be billed to your credit card.
(c) In the event that these charges are subject to use or sales tax, you agree that any such tax shall be added to such charges and shall result in additional charges to your credit card.
You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Film & TV Tracking or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless Film & TV Tracking receives all fees and charges payable by you, including the Prepaid Fee.
REGISTRATION, ACCOUNT CREATION & SUBSCRIPTION:
As part of the registration and account creation process necessary to obtain access to portions of the Service that require a fee or payment, you will select a subscriber identification ID and a password. You will provide Film & TV Tracking with certain registration information, all of which must be accurate and updated. You shall not (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person’s authorization; or (iii) use a subscriber ID or password that Film & TV Tracking, in its sole discretion, deems offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Film & TV Tracking of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are solely responsible for all usage or activity on your Film & TV Tracking account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Film & TV Tracking’s sole discretion, and Film & TV Tracking may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail via out contact form. Upon termination, you will receive confirmation via e-mail that the request was received, and your account will be terminated within two (2) business days. You are responsible for all charges, if any, incurred up to the time the account is terminated. Failure to cancel your account does not warrant or require any refund or reimbursement from Film & TV Tracking.
DISCLAIMER AND LIMITATION OF LIABILITY:
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE “ITEMS”) ARE PROVIDED “AS IS” AND THAT FILM & TV TRACKING MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. Film & TV Tracking does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or “Trojan horses” and is not liable for any damage you may suffer as a result of any such destructive features. You agree that Film & TV Tracking, its suppliers and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of Film & TV Tracking, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Film & TV Tracking by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by Film & TV Tracking. Film & TV Tracking is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. Film & TV Tracking does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. Film & TV Tracking is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Film & TV Tracking and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FILM & TV TRACKING, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A FILM & TV TRACKING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Film & TV Tracking’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
In agreeing to the foregoing, you acknowledge and understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected and in accordance with such waiver, you hereby acknowledge that you have read and understand, and expressly hereby waive with respect to any such claims any and all rights and benefits of, Section 1542 of the Civil Code of California, which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
REPRESENTATIONS AND WARRANTIES:
You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TOS.
INDEMNIFICATION:
You agree to indemnify and hold Film & TV Tracking, and its subsidiaries, affiliates, officers, agents, suppliers, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
TERMINATION:
Either you or Film & TV Tracking may terminate the TOS with or without cause at any time and effective immediately. You may terminate the TOS by discontinuing use of the Service and destroying all materials obtained from the Service. The TOS will terminate immediately without notice from Film & TV Tracking if you, in Film & TV Tracking’s sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by Film & TV Tracking, you must immediately cease all use of the Service and destroy all materials obtained from the Service and any copies thereof. This Agreement and the license rights granted hereunder shall remain in effect during the entire term of the AGREEMENT. SUBSCRIBER may choose to cancel during the term of the AGREEMENT. Regardless of the reason for cancellation or termination, the periodic access/subscription fees paid by SUBSCRIBER are non-refundable. If SUBSCRIBER has made an advance payment for access, the advance payment paid by SUBSCRIBER is non-refundable, regardless of the reason for cancellation. Film & TV Tracking reserves the right to immediately terminate SERVICE upon failure of SUBSCRIBER to make payment when due or if SUBSCRIBER violates any of the terms and conditions of this Agreement.
MISCELLANEOUS:
You accept that Film & TV Tracking has the right to change the Content or technical specifications of any aspect of the Service at any time at Film & TV Tracking’s sole discretion. You further accept that such changes may result in your being unable to access the Service.
GOVERNING LAW:
The TOS shall be governed and construed in accordance with the laws of the United States and the State of California, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County in the State of California with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.
ACCESS OUTSIDE THE UNITED STATES:
Film & TV Tracking does not represent that materials in the Service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws.
— Film & TV Tracking, LLC