Film Trax Terms of Service

Welcome to the Film Trax website and related applications ("Service") of ViKiwi ("ViKiwi").

Users post information in a variety of forms (“Materials”) for use with projects developed and contributed to by end users of the Service (“Projects”). ViKiwi does not review or approve any Materials, which are the expressions of those who have posted them and are not endorsed by ViKiwi. ViKiwi takes no responsibility for the accuracy or legality of the Materials, and disclaims any and all responsibility and liability for any alleged harm resulting from them.

By using the Service, you agree to these Terms of Service (“Terms”) and the ViKiwi Privacy Policy. ViKiwi reserves the right, at its discretion, to modify these Terms at any time. Notification of changes to these Terms will be posted on the Film Trax website.

REGISTRATION

You agree to provide accurate and complete information when you register and when you create an account. You do not need to, and for the sake of privacy you should not, use your full or true name for your user name. You agree to update information provided to ViKiwi, in order to maintain its accuracy and completeness.

PROTECTING YOUR PASSWORD

You alone are responsible for any use of your password, whether or not made with your knowledge or authority. You agree to guard your password carefully. Failure to keep it secure will enable others to gain access to your Projects. If you suspect that someone has access to your password without your permission, please contact ViKiwi immediately. At the same time, please change your password on the Account page.

LICENSE

ViKiwi hereby grants you the right to use the Service only for the purposes of sharing information and for managing or participating in the development of Projects solely for non-commercial uses. Any rights not expressly granted herein are reserved to ViKiwi.

POLICIES FOR USE OF THE SERVICE

You may use the Service subject to these conditions:

  • You understand that ViKiwi has no obligation to maintain, protect, grant or deny access to any Materials that you or any other end users post on the Service. You also understand that any Materials you post may be deleted in whole or in part by any end user of the Service with access to those Materials. ViKiwi does not control whether access is granted to any Materials you post, nor does it control what any other end user does with any such Materials.

  • You understand that all Materials uploaded, posted and/or distributed to users of the Service are the sole responsibility of the person who uploaded them, and that by using the Service you may be exposed to Materials that are offensive, objectionable or indecent.

  • ViKiwi reserves the right, but is not obligated, to remove any Materials that in its sole discretion it determines violate the Terms or are otherwise objectionable.

  • By posting your Materials on the Service, and making it available to other users of the Service, you understand and agree that other users may post or forward those Materials to others who are not users of the Service (or who have not been invited to participate in your Project), and/or may distribute your Materials publicly via the Internet.

  • You grant to ViKiwi an irrevocable, sublicenseable, transferable, worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish, publicly perform, publicly display and distribute your Materials for all purposes related to distribution of them to users of the Service.

  • ViKiwi has no liability or responsibility for the storage or deletion of any Materials you submit.

You also agree not to:

  • post any Materials that infringe any third party’s rights in any copyright, patent, trademark, service mark, trade name, moral rights, trade secrets, and proprietary information (“IP Right”), or infringe any IP Rights of ViKiwi or any user;

  • "stalk," or inappropriately solicit the business of any other user of the Service, or otherwise harass anyone;

  • upload to or otherwise distribute through the Service any virus or other destructive code;

  • upload or distribute any affiliate marketing materials, link referral code, junk mail, chain letters, pyramid schemes, or spam, or collect personal data about other users for commercial or unlawful purposes;

  • upload or otherwise distribute any private, personally identifiable, financial, confidential, or proprietary information of another person or entity without their written permission;

  • use any automated method to download data from the Service;

  • create multiple user accounts under false pretenses, or impersonate any person or entity, or misrepresent your affiliation with a person or entity;

  • upload or otherwise distribute any Materials which are indecent, libelous, defamatory or otherwise offensive, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law;

  • attempt to gain unauthorized access to ViKiwi’s computer systems or interfere with the performance of the Service, or frame or modify in any way any Materials made available via the Service, or reverse engineer any software associated with the Service; or

  • post irrelevant content, repeatedly post the same or similar content, impose an unreasonable load on our infrastructure or use any form of automated device to submit postings or create user accounts.


INFORMATION DISCLAIMERS

all information made available on The Service has been provided by third party end users. VIKIWI MAKES NO GUARANTEE OR WARRANTY THAT ANY INFORMATION ON THIS SITE IS ACCURATE, LEGAL, RELIABLE or does not infringe any third-party rights.  All MATERIALS and any other content made available via the service ARE made available to you "as is." any use of any materials made availabLE through the service, or from any end user with which you may communicate as a result of your use of the service, is your sole responsibility. VIKIWI AND ITS “AFFILIATES” (i.e., ALL OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) assume no responsibility for any consequences relating directly or indirectly to any action or inaction you take based on ANY material OR CONTENT on this service. USE OF THIS SITE and any services provided by vikiwi IS AT YOUR OWN RISK.


NO REFERRALS OR ENDORSEMENTS

VIKIWI IS NOT A REFERRAL SERVICE OF ANY KIND. VIKIWI DOES NOT ENDORSE OR MAKE ANY WARRANTIES AS TO ANY INFORMATION OR REFERRAL MADE AVAILABLE TO YOU BY ANY END USER OF THE SERVICE.

INTELLECTUAL PROPERTY

The IP Rights associated with the Service are owned or licensed by ViKiwi. Except as expressly provided herein, neither ViKiwi nor its licensors confers upon you by implication, estoppel, or otherwise, any license or right therein. No IP Rights are or will be assigned to you.

ViKiwi reserves the right to remove any Materials from the Service and to terminate access to the Service by anyone infringing any user’s or ViKiwi’s IP Rights.

If you believe that any Materials on the Service infringe your copyrights, please click here to follow our Digital Millennium Copyright Act procedures.

INDEMNITY

You agree to indemnify and hold ViKiwi and its Affiliates harmless from any claim or demand, including reasonable attorneys fees, arising out of your Materials, your use of the Service, or your violation of these Terms, including but not limited to violation of any third party's IP Rights.

DISCLAIMERS OF WARRANTIES AND LIABILITY

THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. VIKIWI HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; AVAILABILITY OF THE SERVICE; LACK OF CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

VIKIWI shall not be liable in any way for the accuracy, completeness, timeliness, or correct sequencing of ANY MATERIALS, or for any action taken (OR NOT TAKEN) by you RELATING TO THE SERVICE. VIKIWI expressly disclaims all liability for (i) errors in any materials MADE AVAILABLE THROUGH THE SERVICE or provided to you by any third party, including BUT NOT LIMITED TO ANY OTHER END USER(S); (ii) ANY interruption or cessation of the service. VIKIWI makes no warranties regarding the access, speed or availability of the SERVICE.

ASSUMPTION OF RISKS

You agree that ViKiwi shall not be responsible or liable for any loss or damage which results from any interaction you may have with any other end user of the Service. In the event of any dispute involving any end user, you understand and agree that ViKiwi is under no obligation to become involved and will not be subject to any liability.


LIMITATION OF LIABILITY


TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER VIKIWI, ITS LICENSORS NOR ANY OF ITS AFFILIATES, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR LOSS OF DATA) OR ANY SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM OR RELATED TO THE SERVICE, INCLUDING WITH RESPECT TO ANY INFORMATION PROVIDED BY ANY USER OR VIKIWI, IN TORT, CONTRACT, STRICT OR PRODUCT LIABILITY OR UNDER ANY THEORY OF LIABLITY, AND EVEN IF VIKIWI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VIKIWI, its licensors and affiliateS shall be liable only to the extent of actual damages incurred, not to exceed $500.00. VIKIWI, its licensors and affiliates are not liable for any personal injury, including death, caused by your use or misuse of the Service. Any claims YOU BRING arising from the Service must be brought within one year of the date on which such claim arose.

ADVERTISERS

The Service may contain links to third party websites, which may including those of providers of goods or services which have entered into contractual relationships with ViKiwi (“Advertisers”), which are not under ViKiwi’s control. ViKiwi provides links only as a convenience, and is not responsible for any content on any linked website. Your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and the Advertisers. ViKiwi shall not be responsible for any loss or damage of any kind relating to your dealings with Advertisers.

INTERNATIONAL USAGE

ViKiwi makes no representation that the Service is appropriate or available in locations outside the United States of America. Users who access the Service from other locations do so at their own risk and must comply with applicable local laws and regulations.

GENERAL

ViKiwi reserves the right to modify, suspend or discontinue the Service, or to change its policies and procedures, at any time. These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Service shall be litigated in the appropriate forum in San Francisco County, California. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the County of San Francisco, California. The Service is a "commercial item" as defined in 48 C.F.R. §2.101. Consistent with 48 C.F.R. §§12.212 and 227.7202-1 through -4, all U.S. government end users may use the Service with only those rights set forth herein. These Terms and the Privacy Policy, as amended, and any registration forms constitute the entire agreement between you and ViKiwi. If any provision is held to be unlawful, void, or unenforceable, then it shall be deemed severed and the remaining provisions will remain valid. ViKiwi's failure to act with respect to a breach by you or others does not constitute waiver of any kind.

Last Updated on May 21st, 2008.