Terms & Conditions:

The WN FILM FESTIVAL referred to as THEFILM from here on in, is offered and made available only to users 13 years of age or older and if you are not yet 13 years old, or your use of our THEFILM is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the THEFILM immediately because by using or attempting to use the THEFILM, you certify that you are at least 13 years of age and meet all other eligibility requirements for your use of the THEFILM.

By using the THEFILM, you understand, acknowledge and agree that you will abide by the terms and conditions of our Agreement with you. When we use the term "Agreement" we mean and are referring to these Terms of Use,

OWNERSHIP AND PROPRIETARY RIGHTS

THEFILM authorizes you to access Content and grants you the right to use THEFILM Network solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the THEFILM Network, including notices on any Content you download, transmit, display, print or reproduce from the THEFILM Network. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise use, any Content without the express prior written consent of THEFILM. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. Content submitted by users registered to use our Video Submission Service is subject to our THEFILM Video Submission Agreement that applies specifically to that service.

As an express condition of your use of the THEFILM Network, you warrant to THEFILM that you will not use the THEFILM Network for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. THEFILM makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access the THEFILM Network.

We require users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other users. On notice, we will act expeditiously to remove content on the THEFILM Network that infringes the copyright rights of others and will disable the access to the THEFILM Network and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.

Modifications

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the THEFILM Network and we may also e-mail you about these changes. Once we post them on the THEFILM Network, these changes become effective immediately and if you use the THEFILM Network after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. As you can appreciate, we must also reserve the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the THEFILM Network at any time, without any liability or obligation to you, with or without notice.

Posting & Films

THEFILM reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any posting or film, in whole or part, that THEFILM deems inappropriate for inclusion in the Reviews or elsewhere on the network, for any reason or for no reason. Reviews are public and not private and you should assume your Postings and films submitted may be seen by others, with or without your knowledge or permission. Although a particular Review or film may have a policy of limited membership or access, THEFILM shall have no liability if unauthorized persons nevertheless obtain access to the Review. Your use of the Reviews and film submission is at your own risk and you should not disclose or make available your personal information in any Posting or in any Review or film submitted.

You use the Reviews and submit your films solely at your own risk and THEFILM neither endorses nor controls user Postings available, delivered or displayed in the Reviews and THEFILM assumes no duty to monitor or endorse Postings within the Reviews or films on the network, nor does THEFILM represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting or film complies with the terms or conditions of this Agreement and you should never rely upon any Posting or film as being true, accurate or reliable.

You understand, acknowledge and agree that Postings and films originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not us or THEFILM Network, are entirely responsible for the consequences of all your Postings and films submitted on the Reviews or otherwise on the THEFILM Network. Postings and films submitted do not reflect the views of THEFILM or any Affiliates. In no event shall THEFILM or any Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting or film submitted whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting or film does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post and or submit films; (b) remove and delete Postings and or films; (c) revoke your right to use the Reviews and the THEFILM Network; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on THEFILM and/or the Reviews.

If a film is submitted of a Posting originates from you or your User ID, you hereby agree that:

(a) you are placing the Posting and film submitted in the public domain without reservation of any rights or further control over the Posting or film or its use and you specifically authorize the THEFILM Network and Affiliates to use such Posting and or film in whole or in part, throughout the universe, and you are automatically granting THEFILM and Affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and or films and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;

(b) you represent and warrant that (i) the Posting, and all films submitted are original to you or fully cleared for use as contemplated herein, (ii) the Posting and any films submitted do and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting and all films submitted do not contain libelous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting and all films submitted is not obscene or in any other manner unlawful, (v) the Posting and all films submitted, shall not be damaging or injurious to THEFILM, any Affiliates or any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;

(c) if your Posting and the films submitted, incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting and all films submitted, in the public domain and grant THEFILM and Affiliates the right to use such Posting and films submitted as described above; and

(d) we have the right to delete, re-format and/or change your Posting and films submitted in any manner that we may determine (although you will not be responsible for any such changes made).

The amount of storage space on the THEFILM Network per user is limited and some Postings and films may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or films submitted or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings or films submitted.

CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS

If you believe that any Content on the THEFILM Network (including, without limitation, any Posting) violates any of the terms or conditions of this Agreement, please send us a message about it at filmfestival@wn.com. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

RULES OF CONDUCT

Your use of the THEFILM Network is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. You shall not use, allow, or enable others to use the THEFILM Network, or knowingly condone use of the THEFILM Network by others, in any manner that is, attempts to, or is likely to: be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else; affect us adversely or reflect negatively on us, the THEFILM Network, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the THEFILM Network, or from advertising, linking or becoming a supplier to us in connection with the THEFILM Network; send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"; be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information; forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason; violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the THEFILM Network, other users' accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to the THEFILM Network or to use the THEFILM Network in any manner which violates or is inconsistent with the terms and conditions of this Agreement; modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the THEFILM Network or the rights or use and enjoyment of the THEFILM Network by any other person, firm or enterprise; or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the THEFILM Network, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

TERMINATION OF YOUR REGISTRATION

You may terminate your registration and User ID, at any time and for any reason, by sending an e-mail to filmfestival@wn.com with your username, password, and e-mail address and requesting termination of your registration. We may terminate your use of and registration on the THEFILM Network, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

DISCLAIMER AND LIMITATIONS OF LIABILITY

THEFILM NETWORK AND ALL SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, THEFILM MAKES AND PROVIDES NO GUARANTY OR ASSURANCE THE THEFILM NETWORK OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, PRODUCTS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES.

Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the THEFILM Network. You acknowledge and agree that you are assuming the entire risk of using the THEFILM Network and the services, features and functions of and/or associated with the THEFILM Network.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER THEFILM, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE THEFILM NETWORK OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have THEFILM, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the services and/or Products involved and to terminate and discontinue your registration and use of the THEFILM Network. You further understand and acknowledge the capacity of the THEFILM Network, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that THEFILM assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the THEFILM Network for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

INDEMNIFICATION

You agree to indemnify, defend and hold THEFILM, its Affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, Advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or resulting from your Postings or any Content you provide, submit or make available on or through the THEFILM Network or your unauthorized use of any Content.

THEFILM reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with THEFILM in the defense of any such claim, action, settlement or compromise negotiations, as requested by THEFILM.