Terms and Conditions

Phase 4 Films and its related and affiliated companies welcome you to the Phase 4 Films website (the "Phase 4 Films site"). Please read these Terms of Use carefully before using the Phase 4 Films site. By accessing or using the Phase 4 Films Site, you agree to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use the Phase 4 Films site.

DISCLAIMER THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Phase 4 Films site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Phase 4 Films Site or third party content on the Phase 4 Films site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

TERMS OF USE

1. The Phase 4 Films site is controlled and operated by Phase 4 Films Inc. All materials on the Phase 4 Films site ("Materials"), including, without limitation, names, logos, trademarks, service marks, images, illustrations, audio clips, and video clips, are protected by copyrights and other intellectual property rights owned and controlled by Phase 4 Films or by other parties that have licensed their material to Phase 4 Films. No Material may be copied, reproduced, republished, modified, uploaded, posted, transmitted, distributed in any way, or otherwise used for any purpose without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the contents on the Phase 4 Films site. Any unauthorized attempts to modify any Material, to defeat or circumvent our security features, or to utilize the Phase 4 Films site for other than their intended purposes are prohibited. Please report to us any material on the Phase 4 Films site which you believe may infringe your copyright. If you wish to contact us, you may e-mail us at info@phase4films.com

2. We have provided links to related sites for your convenience ("Links"). We do not review or endorse Links in any way whether or not Phase 4 Films is affiliated with the sponsors of a site. We are not responsible for the content of Links or any off-site pages linked to the Phase 4 Films site. You access such linked sites and off-site pages at your own risk. It is up to you to take precautions to ensure that such linked sites that you visit and the information you select on them are free of viruses, worms, trojan horses, and other items of a destructive nature. Visitors to any Links are urged and expected to abide by the Terms of Use and Privacy Policies of that particular Link.

3. You may only use the Phase 4 Films site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Phase 4 Films site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Phase 4 Films site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Phase 4 Films) or privately transmitted on or through the Phase 4 Films Site are the sole responsibility of the sender, not Phase 4 Films, and that you are responsible for all material you upload, post or otherwise transmit to or through the Phase 4 Films Site.

4. Any notes, message/bulletin board postings, ideas, suggestions, concepts, or other material submitted to us will become the property of Phase 4 Films and Phase 4 Films shall be entitled to use such material for any type of use forever, including in any media whether now known or hereafter devised. You agree that any submission you make to us is original with you and accurate. You agree that you will not submit or otherwise publish through the Phase 4 Films site any content, or act in any way, which in Phase 4 Films's opinion: may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening; may infringe any intellectual property or other right of any entity or person; may violate any applicable law or advocates illegal activity; advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity; includes programs which may contain viruses, worms, or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication; or disobeys any policy or regulation established from time to time regarding use of the Phase 4 Films site.

5. We are not responsible for any material posted on any bulletin boards or chat areas conducted on the Phase 4 Films site. We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone posting materials in violation of any applicable federal, state, or local laws. We reserve the right in our sole discretion to remove or disable access to any material posted on or to our site, including without limitation material posted by you to the Phase 4 Films site message board or chat room if we believe that material violates any of the above policies or infringes any intellectual property rights. Furthermore, if we believe in our sole discretion that you have violated any of the terms of these Terms of Use, including specifically but without limitation by posting or providing links to material which infringes intellectual property rights, we reserve the right to terminate your access to the Phase 4 Films site.

6. Unless otherwise specified, the Materials are presented solely for the purpose of informing users, and for promoting programs, films, and other products. The Phase 4 Films Site is controlled and operated by Phase 4 Films from its offices in Toronto, ON. We make no representation that the Materials are appropriate or available for use in other locations outside the United States. Those who visit the Phase 4 Films Site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws. You specifically agree to comply with all applicable laws, including without limitation those concerning the transmission of technical data exported from Canada or the country in which you reside.

7. You will indemnify and hold harmless Phase 4 Films, its parent, affiliated and subsidiary entities, and the successors, licensees, assigns, officers and directors of each from and against any and all claims, losses and damages (including reasonable attorney's fees) constituting and arising out of a breach of any of the provisions of these Terms of Use, including without limitation from your placement or transmission of any content onto Phase 4 Films's servers, and/or from any and all use of the Phase 4 Films Site.

8. These Terms of Use shall be governed by and construed in accordance with the laws of the provience of Ontario and the federal laws of Canada applicable therein without regard to its provisions regarding conflicts of law. You agree to submit to the exclusive jurisdiction of the federal, provincial, and municipal courts located within the provience of Ontraio. If any provision of these Terms of Use is unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. These Terms of Use set forth the entire agreement regarding all of the matters discussed herein. Because these Terms of Use are subject to change and you will be legally bound by such changes, you should periodically visit this section to review the current Terms of Use. We reserve the right to terminate this agreement at any time without notice for any reason. These Terms of Use were last updated on December 1, 2009.

 
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