Terms of Use

Last Updated November 3, 2017

These Terms of Use (“Terms of Use”) apply to the website located at www.sffilm.org (together with all microsites or subdomains hosted thereunder and all affiliated mobile applications, collectively the “Site”), operated by San Francisco Film Society d/b/a SFFILM (together, “SFFILM,” “we” or “us”). Your visit to the Site is subject to these Terms of Use and our Privacy Policy. By visiting and using this Site, you agree to these Terms of Use, which may be updated by us from time to time. We will post any updates to these Terms of Use here, which will be effective upon posting. You should consult the “Terms of Use” link on the Site each time you visit the Site. If you not agree with these Terms of Use, you should not sue the Site.

1. Site Content
The Site contains a variety of information, including text, photos, videos, audio, images, and other content (collectively, "Content") and all trademarks, logos, copyrights and other intellectual property, which are owned by SFFILM or its respective licensor.  SFFILM grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to view, store, bookmark, download and make limited copies of relevant Content, solely for your internal, personal, non-commercial use, but you may not reproduce, sell, publish, distribute, modify, display, perform, re-post, transmit, or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of SFFILM or the respective owner, as applicable.  Furthermore, you may not use any trademarks, service marks or copyrighted materials of SFFILM or appearing on the Site, including but not limited to any logos or characters, without the express prior written consent of the owner of same. 

2. Submitting Content to This Site
By providing any Content to this website: 

(a) Subject to any other written agreement between you and SFFILM, you grant SFFILM a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations of, such Content, in whole or in part with respect to any form, media, technology already known at the time of provision or developed subsequently.  

(b) You represent and warrant that you have all legal, moral, and other rights that may be necessary to grant SFFILM such license.  

(c) You acknowledge and agree that SFFILM will have the right (but not obligation), at SFFILM's sole discretion, to refuse to publish, or to remove, or to block access to any Content you provide, at any time and for any reason, with or without notice.

3. Prohibited Activities
In connection with your use of the Site, you agree that you will not:

(a) Do anything to disable or overburden the Site or impair its function, transmit any virus, worm, time bomb or similar system interference or corruptant through the Site, or restrict or inhibit others from using the Site; 

(b) Use automated means to access the Site or delete, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site; 

(c) Forward the Content as a mass distribution or otherwise send spam or other unauthorized advertisements or solicitations through the Site; 

(d) Post the Content on another website (except as to make mention of the Content on social media sites), or otherwise copy (except as permitted in this Terns of Use), distribute or modify any portion of the Site;

(e) Remove or obscure any copyright or trademark notice or other notices or legends featured on the Content;

(f) Solicit private information from users of the Site or attempt to violate the security of this Site to use or gain access to the information or computers of others through this Site; 

(g) Use this Site in violation of any law, regulation, rule or the intellectual property or any other rights of others, or in any manner that could expose SFFILM or users of the Site to harm or liability; 

(h) Frame this Site within your own website or "deep link" to any pages of the Site so as to create the impression that the Content on such pages is your own; 

(i) Imply or suggest that SFFILM has endorsed or is affiliated with you or any other party or website (including social media sites); or

(j) Attempt or assist anyone else to do any of the foregoing.
SFFILM has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions, without notice to you.  

4. Notice and Takedown Procedures; Copyright Agent
SFFILM respects the intellectual property rights of others. We respond expeditiously to notices of claimed copyright infringement and reserve the right to terminate the accounts of any users who we deem to be repeat copyright infringers, in our sole discretion.  
If you believe your copyright has been infringed by materials accessible on the Site, you may request removal of such materials from the Site by notifying our designated Copyright Agent (contact information below) by sending a notice containing the following information at the email or mailing address listed below:

(a) An electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner's behalf;

(b) Identification and description of the copyrighted work that you believe to be infringed, including, if possible, a copy or location (for example, a URL) of an authorized version of the work;

(c) Identification and description of the material you believe to be infringing such copyrighted work and its location or information reasonably sufficient to permit us to locate the material; 

(d) The name, address, telephone number, and, if available, email address at which the copyright owner or its authorized representative may be contacted;

(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.

SFFILM's designated Copyright Agent is: 
Bill Proctor
San Francisco Film Society
39 Mesa Street, Suite
110San Francisco,  CA 94129
bproctor@sffilm.org


5. Registration and Passwords

In order to use the Site or certain parts of it, you may be required to register for a user account on this Site, and you agree to provide truthful information when requested.  

You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for the Site, and for logging off any protected areas of the Site when you finish a session. You should notify SFFILM immediately if you become aware of the unauthorized use of your user account, username or password.  You are responsible for all usage of your user account and/or user name.  If you share your password with anyone, you assume all responsibility for that person's activity related to the Site.  6. Other Websites and Third Party Services 

These Terms of Use apply only to the Site.  If you visit any unaffiliated website linked to the Site (for example, Facebook, Twitter or other social media websites), you are subject to that website's own Terms of Use, which we do not control or monitor.  You should review the terms of use of all third party websites before you visit them.  SFFILM makes no representations or warranties as to the terms of use, functioning or content of any websites linked to this Site.The goods and services of third parties may be advertised and/or may be made available on or through the Site.  Your use of any products and services provided by third parties will be governed by the policies and representations made by those third parties.  SFFILM will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.7. International Use
This Site is intended for use by individuals in the United States.   Despite the global nature of the Internet, SFFILM makes no claims that the Site is appropriate or may be viewed or used outside the United States.  Furthermore, our databases are located in the United States, and your data is stored in the United States.  This Site is intended for use by individuals in the United States.  By sending us your information, you consent to its transfer to and storage within the United States and its use in a manner consistent with these Terms of Use.

8. Disclaimers and Limitations of Liability 

SFFILM, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively "Related Persons") make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery.  SFFILM does not warrant that the information in this Site is accurate, reliable, complete or correct, or that this Site will be available at any particular time or location. Your use of the Site and the Content is on an "as is" and "as available" basis.
In no event shall SFFILM, its affiliates or their Related Persons be liable to any party for any claims, liabilities, losses, costs or damages under any theory, relating to your access to or use of (or inability to use) the Site or any Content therein This is true even if SFFILM, its affiliates or their Related Persons have been advised of the possibility of such damages or losses.

9. Indemnification

You agree to indemnify, hold harmless and, at SFFILM's option, defend SFFILM from and against any losses, liabilities, costs (including reasonable attorneys' fees and costs) or damages resulting from your use of the site in violation of the Terms of Use.  You shall not settle any claim unless such settlement completely and forever releases SFFILM from all liability with respect to such claim or unless SFFILM provides its prior written consent to such settlement, and further provided that SFFILM shall have the right, at its option, to defend itself against any such claim or to participate in the defense thereof by counsel of its own choice.  

10. Governing Law/Venue

The laws of the State of California govern these Terms of Use and your use of this Site in all respects.  Any dispute relating to these Terms of Use and your use of this Site shall be resolved solely in the state or federal courts located in San Francisco, California.  You consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute, controversy or claim and agree to waive trial by jury in any such dispute.  If any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable and all other terms of these Terms of Use shall remain in full force and effect.

11. How to Contact Us

If you have any questions or comments about these Terms of Use, you can email us at info@sffilm.org or write to us at San Francisco Film Society, 39 Mesa St, Suite 110, San Francisco, CA 94129.