Terms of Use

FILM POWERED TERMS OF USE

1. INTRODUCTION

1.1 Contract

Film Powered is a platform for professional women in the entertainment industry to share skills and network.

The following terms and conditions of use (“Terms”) set forth the rules that govern Film Powered’s relationship with you. Please read the Terms carefully because these Terms form a legally binding contract between you and Film Powered whenever you use any of our products or services (“collectively referred to as “Services”). Those Services include every way that you might interact with us: through our website, by email, text, or other electronic messages, and through any other Services that link to these Terms. These Terms apply to registered users (“Members”) and non-members (“Visitors”) who access the covered Services (collectively referred to as “Users”).

If you do not agree with these Terms, your choice is not to use the Services. By accessing or using the Services, you agree to be bound by these Terms.

1.2 Change of Terms

Film Powered reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms at any time. Film Powered will post a notice any time these Terms have been materially changed. It is your responsibility to review these Terms, and if at any time you find these Terms unacceptable, you should cease all use of the Services. Your continued use of the Services signifies that you agree to be bound by these Terms as they are changed.

2. OBLIGATIONS

2.1 Service Eligibility

You must be 18 years or older to use this site, as the Services are intended solely for Users that are 18 years of age or older. No one under the age of 18 is allowed to create an account or use the Services. The registration by, use of, or access to the Services by anyone under 18 is in violation of these Terms.

By using the Services, you affirm that:

  • You have reviewed and agreed to these Terms; and

  • You agree to use the Services only for purposes that are permitted by (i) these Terms and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

​Additionally, Members warrant and represent that they are verified members of at least one of the organizations in the Current Membership Options.

2.2 Your Account

To register for a Film Powered account you will be asked to provide certain registration details, including your name, email address, occupation, and IMDB page. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all the information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a password, or any other piece of information as part of our security procedures, you agree to treat such information as confidential, and you agree not to disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person or entity with access to the Services using your username, password, or other security information.

You agree to notify us immediately of any unauthorized access to or use of your username or password. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

2.3 Notices

You permit us to provide notices to you through our website and the contact information you provided to us, and you agree to keep your contact information up to date.

3. VIOLATIONS; TERMINATION

3.1 Violations of Terms
By using the Services, you agree that you will not:

  • Use the Services for any purpose that is illegal or prohibited in these Terms;

  • Collect, store, use, or share personal data about other Users;

  • Use any automated means or interface to access the Services or extract other User’s information;

  • Use or develop any third-party applications that interact with other Users’ content or the Services without Film Powered’s written consent;

  • Use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Services;

  • Use the Services in a way that is disrespectful or disruptive to other Users, which shall be determined at Film Powered’s sole discretion;

  • Post content that contains pornography, threats, hate speech, or incitements to violence;

  • Bully, harass, or intimidate;

  • Defame another person or entity;

  • Engage in unprofessional behavior, which shall be determined at Film Powered’s sole discretion;

  • Discriminate against another person in any way;

  • Use the Services to commit a criminal offense;

  • Use the Services in any way that could damage, disable, overburden, or impair the functioning of the Services;

  • Attempt to circumvent any content-filtering procedures Film Powered employs;

  • Violate or infringe another person’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;

  • Advertise merchandise, services, or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of Film Powered;

  • Seek or collect financial compensation from another person for participation in a class.

You agree that Film Powered may access and/or review any information you provide through use of the Services (“Contributions”) to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Services. Film Powered also reserves the right to disclose information about any User who uses the Services to commit a criminal offense, including the User’s identity and other personal information, to law enforcement authorities.

​You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach. You agree that Film Powered has no responsibility to you or to any third party for any breach of your obligations under these Terms or for the consequences of such breach.

​3.2 Termination

Film Powered reserves the right to terminate your access to the Services immediately, with or without notice to you, and without liability to you, at our sole discretion for any or no reason, including if Film Powered believes that you have violated any of these Terms, provided Film Powered with false or misleading information, or interfered with others’ use of the Services.

4. RIGHTS AND LIMITS

4.1 Your License to Film Powered

You own all of your Contributions, but you also grant us a non-exclusive license to them. You grant Film Powered a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, exhibit, use, display, reproduce, modify, adapt, edit, publish, create derivative works from, publicly perform, broadcast, distribute, syndicate, and promote all of your Contributions in any form and in any and all media or distribution methods now known or later developed. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression. You agree that we may access, store and use any of your Contributions in accordance with the terms of the Privacy Policy.

You can end this license by deleting any of your Contributions, or generally by closing your account, except (a) to the extent you shared your Contributions with others as part of the Services and they copied or re-shared them and (b) for the reasonable time it takes to remove from backup and other systems.

3.2 User License

Film Powered grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of allowing you to use and enjoy the Services’ benefits in a way that is consistent with these Terms.

You may not copy, modify, distribute, sell, or lease any part of the Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

3.3 Service Availability

Film Powered may change, suspend or end any Services at our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. Film Powered does not promise to store or keep showing any of your Contributions.

3.4 Other Content

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Film Powered generally does not review Contributions provided by our Users. You agree that we are not responsible for others’ (including other Members’) Contributions. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. Your reliance on any Contributions provided by Users on Film Powered’s website is at your own risk.

5. PRIVACY POLICY

Film Powered respects your privacy and permits you to control the treatment of your personal information. You can learn how Film Powered handles User information by reading Film Powered’s Privacy Policy. You should carefully read the Privacy Policy because by using Film Powered’s Services you agree that Film Powered can collect and use your information consistent with that policy. Film Powered’s Privacy Policy is expressly incorporated into these Terms by this reference. You can access the Privacy Policy at https://filmpowered.com/privacy.

6. TRADEMARKS

“Film Powered” and all related names, logos, product and service names, designs, and slogans are trademarks of Film Powered. You agree not to use such marks without the prior written permission of Film Powered. All other names, logos, product and service names, designs, and slogans used on the Services are the trademarks of their respective owners.

7. THIRD PARTY SERVICES

You understand that Film Powered can use third party services to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to operate the Services.

If you use a service or feature that is operated by a third party and made available through Film Powered’s Services, each third party’s terms will govern the respective party’s relationship with you. Film Powered is not responsible or liable for those third party’s terms or actions taken under the third party’s terms.

8. NO WARRANTIES

FILM POWERED HEREBY DISCLAIMS ALL WARRANTIES. FILM POWERED IS MAKING THE SERVICES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILM POWERED EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FILM POWERED DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICES IS TO REFRAIN FROM USING THE SERVICES.

9. LIMITED LIABILITY

FILM POWERED’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FILM POWERED BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY OTHER MATERIALS PROVIDED TO YOU BY FILM POWERED. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

10. INDEMNITY

You agree to defend, indemnify and hold harmless Film Powered and its directors, officers, employees, consultants, representatives, and agents from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising out of: your use of the Services; any material you submit, post, upload, email or otherwise transmit using the Services; any material you submit to the Services; or your violation, breach or alleged violation or breach of these Terms.

11. GOVERNING LAW

By using the Services, you agree that applicable federal law and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Film Powered.

12. ARBITRATION

You agree that all disputes between you and Film Powered, including without limitation disputes related to these Terms, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) rules for arbitration of consumer-related disputes and you and Film Powered hereby expressly waive trial by jury.

You and Film Powered agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

14. SEVERABILITY; WAIVER

If, for whatever reason, any term or condition in these Terms is found to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

15. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Film Powered and governs your use of the Service, superseding any prior agreements between you and Film Powered.