Montana Film Office Reel-Crew Database

 

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.

These Terms of Use constitute a legally binding agreement between you (the user) and the Montana Film Office, an agency of the Montana Department of Commerce (also “we” or “us”).  Your use of the website montanafilm.com (the “Website”) and/or any services offered thereon (“Services”) is conditioned on your acceptance of these Terms of Use.  If you do not agree to THESE TERMS, you must IMMEDIATELY CLOSE THIS WINDOW AND YOU MAY not register your business on this WEBSITE.  THESE TERMS OF USE CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. 

You will be requested at the end of these Terms of Use to indicate your acceptance of these terms of use.  By clicking on the “ACCEPTED and AGREED” button, you will have accepted and agreed to be bound by these terms of use, and you will also have confirmed that you are authorized to bind the organization on whose behalf you have accepted these Terms of Use.

1.     License

1.1.   Use. 

The Montana Film Office hereby grants you a nonexclusive, nontransferable, limited license to access and use the Montana Film Office Reel-Crew Database, and to view text and/or images displayed on the Website or other/wise provided through the Services (“Content”).

This license only grants to you the right to use the Website and/or Services and view the Content, and you do not acquire any right of ownership or title in them.  With the exception of Content provided by you or another user, all right, title and interest in and to the Website, Services and Content, including but not limited to all software; copyrights; text, graphics, images, audio clips, video clips and/or digital downloads; any trademarks, service marks, logos and/or trade dress; the compilation of any and all of the foregoing Content; and/or any other intellectual property rights therein, will at all times remain the property of the Montana Film Office and/or its licensor(s) and service providers.

The Montana Film Office hereby grants you a nonexclusive, nontransferable license to create a hyperlink to the Montana Film Office home page, on the condition that the link does not portray the Montana Film Office or any of its products or services in a way that may be construed as derogatory or misleading.

1.2.   Restrictions. 

Your right to use the Website and/or Services and view any Content therein is personal to you.  You may not transfer or make available your user name and password to others.  Any disclosure by you of your user name or password may result in termination of your right to use the Montana Film Office Reel-Crew Database in the Montana Film Office’s sole discretion, and you agree that you are responsible for any use of your user name or password, whether authorized by you or not. 

You may not: (i) use, copy or disclose the Website, Services or Content except as expressly permitted by these Terms of Use; (ii) modify, reverse engineer, decompile or disassemble any part or all of the Website, Services or Content; or (iii) create or attempt to create derivative works based on the Website, Services or Content, in whole or in part. 

You may not conduct any of the following activities without the express written permission of the Montana Film Office:

(i)        Use the term “Montana Film Office” or any other trademarks or service marks of the Montana Film Office in meta tags or any other “hidden text”;

(ii)       Enclose or otherwise display the term “Montana Film Office”, any other service marks, logos and/or trade dress of the Montana Film Office, or any Content utilizing “framing” techniques; or

(iii)       Use robots, data mining, screen scraping, or similar data gathering and extraction tools on the Website.

2.     Acceptance of General Terms of Use and Amendments or Changes.
You agree to read and be bound by all of the terms and condition of these Terms of Use, the Montana Film Office’s Privacy Policy, any other applicable terms or policies of the Montana Film Office, and any amendments or changes thereto.  It is your responsibility to review these Terms of Use, the Montana Film Office’s Privacy Policy, and any other applicable Montana Film Office terms or policies from time to time and to comply with any amendments or changes.  To the extent there is a conflict between any provision of these Terms of Use and any other terms or policies as described above, the applicable provision of these Terms of Use will control.

3.     Content.

THE MONTANA FILM OFFICE DOES NOT ASSUME AND HEREBY DISCLAIMS ANY OBLIGATION TO MONITOR ANY CONTENT POSTED OR SUBMITTED BY YOU OR ANY OTHER USER, OR TO MONITOR ANY USER’S USE OF THE WEBSITE AND/OR SERVICES. 

NOTWITHSTANDING THE PRECEDING SENTENCE, THE MONTANA FILM OFFICE RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DELETE, DISCONTINUE, BLOCK ACCESS TO, OR MODIFY ANY CONTENT, WHETHER PROVIDED BY YOU OR OTHERWISE, AT ANY TIME AND WITHOUT NOTICE, WITHOUT INCURRING ANY LIABILITY THEREFOR.

4.     Your Information and Our Privacy Policy.
Any information that you provide to us is subject to the terms of our Privacy Policy, which we may change from time to time in our sole discretion.

5.     Prohibited Uses.  You agree not to use the Website and/or Services, or post or submit any messages or other Content, in violation of any applicable law, rule or regulation, or in violation of any person’s rights.  By way of example, and without limiting the possible uses that would be in violation of these Terms of Use, you agree not to or otherwise post or submit any messages or other Content that would:

·         Infringe or misappropriate any copyrights, trademarks, patents or other intellectual property right of any person (including any legal entity);

·         Be fraudulent or misleading in any way;

·         Impersonate any person or otherwise misrepresent your identity or the origin of any Content;

·         Be pornographic, obscene or immoral;

·         Contain nudity or graphic violence;

·         Slander, libel or defame any person;

·         Violate any person’s right to privacy, present any person in a false light, or misappropriate any person’s right to publicity or right to control the use of his or her own name or likeness;

·         Harass, threaten, bully or intimidate any person, or be considered stalking or cyberbullying;

·         Be racist, hateful, abusive or discriminatory;

·         Promote the use of alcohol or illegal drugs;

·         Involve or promote the use of unsolicited commercial communications (including but not limited to “spam”), pyramid schemes, chain letters, or the like;

·         Contain any virus, worm, Trojan horse, or any other code manifesting any contaminating or destructive properties;

·         Advertise or promote any goods or services of any kind; or

·         Violate, or encourage or facilitate the violation of, these Terms of Use, the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506, the CANSPAM Act or any other law or regulation restricting the use of “Spam”, the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, the Stored Communications Act, or any other applicable law, rule or regulation.

6.     Submission of Content to our Website.
By posting or submitting any Content to the Website or through the use of the Services, you thereby grant to the Montana Film Office a non-exclusive, transferable, fully sub-licensable, royalty-free license to use, reproduce, display, perform, exhibit, publish, sell, distribute, transmit, broadcast, modify, create derivative works from, or otherwise use all or part of said Content, or authorize others to do so, in any manner or media or by any means, methods, or technologies now known or hereafter to be known throughout the world in perpetuity.  You further represent and warrant that any such Content will not infringe any copyright, and will not constitute a defamation, invasion of the right of privacy or publicity, or violation of any other rights of any third party.

7.     Electronic Communications/Binding Effect.
If you post or submit any Content to the Website, or send email to us, you are communicating with us electronically.  You consent to receive communications from us by email or other electronic means, such as posting notices on this Website, and you agree that all such notices, agreements, disclosures and/or other communications satisfy any legal requirement that any such notices, agreements, disclosures and/or other communications be in writing.

8.     Indemnification.
You are completely responsible for all Content posted or submitted by you for inclusion on the Website. You agree to indemnify, defend and hold harmless the Montana Film Office and its directors, employees, agents and licensors against and from any and all lawsuits, claims, expenses (including reasonable attorneys’ fees), settlements, damages, judgments and the like actually or allegedly arising from, resulting from, or otherwise relating to your use of the Website and/or Services, and/or the posting or submission by you of any Content.

9.     Disclaimers of Warranties. 

THE MONTANA FILM OFFICE AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, ANY CONTENT, AND/OR ANY PRODUCTS OR SERVICES PROVIDED AND/OR ADVERTISED ON THE WEBSITE. 

YOUR ACCESS TO AND USE OF THE WEBSITE, CONTENT, AND/OR ANY PRODUCTS OR SERVICES PROVIDED AND/OR ADVERTISED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

THE MONTANA FILM OFFICE AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, CONTENT AND OTHER INFORMATION, AND/OR ANY PRODUCTS OR SERVICES PROVIDED AND/OR ADVERTISED ON THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND AVAILABILITY. 

THE MONTANA FILM OFFICE AND ITS LICENSORS DO NOT WARRANT THE ACCURACY OF THE CONTENT OR OTHER INFORMATION CONTAINED ON THE WEBSITE.  FURTHER, THE MONTANA FILM OFFICE DOES NOT WARRANT THAT: THE WEBSITE, ANY CONTENT, AND/OR ANY PRODUCTS AND/OR SERVICES OFFERED THEREIN WILL MEET YOUR REQUIREMENTS; THE WEBSITE AND THE CONTENT, INCLUDING WITHOUT LIMITATION ITS OPERATION, OR THE SERVICES OFFERED THEREIN WILL BE ERROR-FREE; OR ALL DEFECTS WILL BE CORRECTED.

THE MONTANA FILM OFFICE ASSUMES NO RESPONSIBILITY FOR, AND MAKES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT, ANY CONTENT PROVIDED BY YOU OR ANY OTHER USER OR THIRD PARTY.

THE MONTANA FILM OFFICE DOES NOT WARRANT THAT THE WEBSITE AND THE CONTENT WILL FUNCTION PROPERLY IN COMBINATION WITH YOUR EQUIPMENT.  THE MONTANA FILM OFFICE DOES NOT WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

 SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THUS SOME PORTION OF THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, THE MONTANA FILM OFFICE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10.  Limitation of Remedies and Limitation of Liabilities.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY INABILITY TO USE OR ACCESS THE WEBSITE OR THE CONTENT, ANY DEFECTS IN THE WEBSITE, ANY DEFECTS OR DEFICIENCIES IN ANY PRODUCTS OR SERVICES PROVIDED AND/OR ADVERTISED FOR SALE ON THE WEBSITE, AND/OR ANY OTHER MATTER ARISING FROM YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE TO DISCONTINUE USING THE WEBSITE. 

IN NO EVENT SHALL THE MONTANA FILM OFFICE OR ITS LICENSORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS RESULTING FROM BUSINESS DISRUPTION, LOSS OF DATA, LOST PROFITS, LOST GOODWILL, OR DAMAGE TO SYSTEMS OR DATA, WHETHER IN AN ACTION FOR CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF THE MONTANA FILM OFFICE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR ANY EXCLUSIVE REMEDY DESCRIBED ELSEWHERE IN THESE TERMS OF USE, THE MONTANA FILM OFFICE’S ENTIRE LIABILITY AND YOUR ENTIRE REMEDY FOR DAMAGES UNDER THESE TERMS OF USE WILL BE LIMITED IN ANY EVENT TO YOUR DIRECT, ACTUAL DAMAGES, NOT TO EXCEED $500.00. 

YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS A MATERIAL TERM OF THESE TERMS OF USE, THAT THE PROVISION OF thE SERVICES PROVIDED HEREUNDER IS PREDICATED ON THE ENFORCEABILITY OF THE FOREGOING LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES, AND THAT THE MONTANA FILM OFFICE WOULD BE UNABLE TO PROVIDE THESE SERVICES FOR FREE IF IT COULD NOT LIMIT ITS LIABILITY AND DISCLAIM WARRANTIES AS PROVIDED HEREIN.  THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF AN ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. 

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THUS SOME PORTION OF THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO CLIENT.  IN SUCH JURISDICTIONS, THE MONTANA FILM OFFICE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11.  Term and Termination.  These Terms of Use are effective immediately upon your agreement thereto and shall continue until terminated as described in this section.

The Montana Film Office may immediately suspend or terminate your access to and use of the Website and/or Services if:

(i) the Montana Film Office determines in its sole discretion that you have breached any of these Terms of Use or have otherwise made any inappropriate use of the Website and/or Services; or

(ii) you become subject to any federal or state bankruptcy or insolvency proceeding. 

Termination will not limit a party from pursuing any other remedies available to it.  All rights and obligations that should by their nature survive will survive any termination of these Terms of Use, including the terms of Sections 1, 2, 7, 9, 10 and 11 [CHANGE].  Upon termination, you will make no further use of the Website and/or Services.

12.  Notification of Copyright Infringement.
It is the Montana Film Office’s policy to fully comply with the Digital Millennium Copyright Act (the “DMCA”) and applicable regulations.  Although the Montana Film Office assumes no obligation to police the Website for the presence of materials that may be infringing or are otherwise inappropriate, the Montana Film Office reserves the right in its sole discretion to remove or disable access to any content, and the Montana Film Office will terminate the account of a repeat infringer in appropriate circumstances.  You may report alleged copyright infringement by sending a notice that complies with the DMCA to the Montana Film Office’s designated agent to receive notification of claimed infringement (the “Designated Agent”) at the following address:

Marty Tuttle
Chief Legal Counsel –Department of Commerce
301 S. Park
Helena, MT 59620
Telephone: 406-841-2706
Fax: 406-841-2701
email: mtuttle@mt.gov

The Montana Film Office reserves the right to change its Designated Agent without prior notice, subject to the applicable requirements of the DMCA and any applicable regulations.

All notices of alleged copyright infringement should include substantially the following:

·         A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

·         A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Montana Film Office to locate the material.

·         Information reasonably sufficient to permit the Montana Film Office to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

·         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, the owner’s agent, or by law.

·         A statement, signed by physical or electronic signature, that the information in the notification is accurate, and, under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.

The Montana Film Office’s Designated Agent may request additional information from you.

• PURSUANT TO THE DMCA, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MAKES A MATERIAL MISREPRESENTATION THAT MATERIAL IS INFRINGING, OR THAT MATERIAL WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION, MAY BE LIABLE FOR ANY DAMAGES, INCLUDING COSTS AND ATTORNEYS’ FEES, INCURRED BY A SERVICE PROVIDER WHO IS INJURED BY SUCH MISREPRESENTATION, OR BY THE COPYRIGHT OWNER OR LICENSEE, AS THE RESULT OF THE SERVICE PROVIDER RELYING UPON SUCH MISREPRESENTATION IN REMOVING OR DISABLING ACCESS TO SUCH MATERIAL, OR IN REPLACING OR CEASING TO DISABLE ACCESS TO THE MATERIAL.
• For a full description of your rights under the DMCA and the procedures that must be followed, please see the full text of the DMCA, which may be found at www.copyright.gov.  Nothing in these policies and terms of use is intended to supplant the requirements of the DMCA.  In the event of any conflict between any provision of these policies and terms of use and the DMCA, the applicable provision of the DMCA shall control.

13.  General.
These Terms of Use are the complete and exclusive agreement between the parties and supersedes all previous and contemporaneous agreements, proposals and communications with respect to this subject matter.  No right or license under these Terms of Use may be assigned or transferred by you nor may any duty be delegated by you without the Montana Film Office’s prior written consent.  Any assignment, transfer or delegation in contradiction of this provision shall be null and void.  Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the successors and permitted assigns of you and the Montana Film Office. Waiver of a breach of or right hereunder will not constitute a waiver of any other or subsequent breach or right.  If any provision herein shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions herein will remain in full force and effect.  These Terms of Use shall be governed by Montana law excluding its conflicts of laws principles.  The exclusive venue for any action between the parties shall be in Lewis & Clark County, State of Montana (state court jurisdiction) or District of Montana, Helena Division (federal court jurisdiction).