Office Reel-Crew Database
PLEASE READ THE FOLLOWING
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
use of the website montanafilm.com (the
“Website”) and/or any services offered thereon (“Services”) is conditioned on
must IMMEDIATELY CLOSE THIS WINDOW AND YOU MAY not register your business on
CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO
AGREED” button, you will have accepted and agreed to be bound by these
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
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
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
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
(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.
You agree to read and be bound by all of the terms and condition of these Terms
policies of the Montana Film Office, and any amendments or changes thereto. It
from time to time and to comply with any amendments or changes. To the extent
terms or policies as described above, the applicable provision of these Terms
of Use will control.
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.
which we may change from time to time in our sole discretion.
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
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
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.
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.
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
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.
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.
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
ACTUAL DAMAGES, NOT TO EXCEED $500.00.
YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS A
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
11. Term and
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
inappropriate use of the Website and/or Services; or
(ii) you become subject to any federal or state bankruptcy or insolvency
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
Sections 1, 2, 7, 9, 10 and 11 [CHANGE]. Upon termination, you will make
no further use of the Website and/or Services.
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:
Chief Legal Counsel –Department of Commerce
301 S. Park
Helena, MT 59620
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:
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.
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.
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.
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.
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
The Montana Film Office’s Designated Agent may request additional
information from you.
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
intended to supplant the requirements of the DMCA. In the event of any
DMCA, the applicable provision of the DMCA shall control.
and supersedes all previous and contemporaneous agreements, proposals and
communications with respect to this subject matter. No right or license under
delegated by you without the Montana Film Office’s prior written consent. Any
assignment, transfer or delegation in contradiction of this provision shall be
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
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