Terms of Use
TERMS OF USE
As part of its mission, New York Surf Film Festival (NYSFF) seeks to engage a diverse audience with the stories, culture, experience and concerns of surfing as expressed in media arts. NYSFF has created and maintains this Web site in support of its mission. Access to and use of this Web site and its contents are subject to the following terms and conditions and all applicable laws. BY ACCESSING AND BROWSING THIS WEB SITE, YOU FULLY ACKNOWLEDGE AND ACCEPT THESE TERMS AND CONDITIONS. NYSFF may at any time revise these terms and conditions. You are solely responsible for being in compliance with the then-current terms and conditions.
COPYRIGHT
NYSFF is committed to protecting the copyrights and other intellectual property rights of creative artists and others. NYSFF has taken all reasonable steps to ensure that all reproductions on this Web site are produced according to applicable laws. Copyrights and other proprietary rights in the materials on this site may subsist in individuals and entities other than NYSFF. You hereby acknowledge and agree that, subject to valid third-party rights, NYSFF retains all intellectual property rights, including without limitation copyrights, trademarks, service marks, patents, and other proprietary rights, in and to the texts, images, marks, data, and all other content contained in this Web site (collectively “Materials”). NYSFF expressly prohibits the reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication or any commercial exploitation of any Materials on this Web site, except for the purposes of fair use as defined in the copyright laws, and as described below.
GENERAL USE
With the exception of fair use as described below, unauthorized reproduction, distribution, and exploitation of the Materials is not permitted. Anyone wishing to use any of the Materials for any purpose other than fair use as set forth below must request and receive prior written permission from NYSFF. NYSFF reviews all written requests and permission may be granted on a case-by-case basis at the sole discretion of NYSFF. A usage fee may be involved depending on the type and nature of the proposed use.
FAIR USE
In accordance with the applicable copyright laws, any materials authored by NYSFF may be used for limited personal, educational, and non-commercial purposes without permission, provided that the source of the materials is cited. Unless otherwise noted, users who wish to download or print any materials authored by NYSFF from this Web site for such uses may do so without NYSFF’s express permission. Users must cite the material as they would material from any printed work; the citation should include the URL “www.nysurffilm.com” in addition to all copyright and other proprietary notices contained on the materials. Note, however, that certain digital media including photographs and moving images may be protected by copyright, trademark, or related interests not owned by NYSFF. The responsibility for ascertaining whether any such rights exist and for obtaining all other necessary permissions remains solely with the user and NYSFF will have no responsibility in connection with securing such necessary rights for any materials on the Web site. Any use of the Materials that does not qualify as fair use is subject to NYSFF’s prior written approval, and the user must request and receive such approval prior to any use.
TRADEMARKS
The trademarks, trade names, logos and service marks (“Trademarks”) displayed on this Web site, including “NYSFF,” are Trademarks of Morgan Rae Berk. The trademarks of third parties may also be displayed on the Web site and are the property of their respective owners. Nothing contained in this Web site grants, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Web site without written permission of NYSFF or any third party owner of the Trademark. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited
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LINKS
This Web site may contain links to third party Web sites. NYSFF is not responsible for any content of any linked Web site. NYSFF provides these links as a convenience only, and a link does not imply endorsement, sponsorship, or any affiliation with the linked Web site.
DISCLAIMER
NYSFF is under no obligation to monitor this Web site and assumes no responsibility or liability arising from the content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within the Web site. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. NYSFF will fully cooperate with any law enforcement authorities or court order requesting or directing NYSFF to disclose the identity of anyone posting any such information or materials.
DISCLAIMER OF WARRANTIES
This Web site is provided to you “as is” and “as available” with no warranty. To the maximum extent permitted by law, NYSFF disclaims all warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, the implied condition of satisfactory quality and implied warranties arising from course of dealing or course of performance. NYSFF does not warrant, or make any representations that: (a) the Web site will meet your requirements; (b) the Web site will be uninterrupted, timely, secure, or error free; (c) the results or information that may be obtained from use of the Web site will be accurate or reliable; (d) the quality of any products, services, information, other material purchased or obtained by you through the Web site will meet your expectations; or (e) the Web site or material accessible through the Web site is free of viruses or other harmful components. You acknowledge that if you rely on any information or content on the Web site, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY
You expressly understand that in no event will NYSFF or its officers, directors, parents, subsidiaries, affiliates, agents, licensors, or suppliers be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible loss, whether in an action under contract, tort (including negligence) or otherwise, arising out of or relating to: (a) your use or inability to use the Web site; (b) your reliance on any content on the Web site; (c) any goods or services purchased through use of the Web site; or (d) any goods or services advertised on the Web site; even if NYSFF or any related party has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
JURISDICTION
These terms and conditions are governed by the laws of the State of New York. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in New York City, New York.
MISCELLANEOUS
These terms and conditions express the complete understanding of the parties with respect to the subject matter hereof and supercedes all prior and contemporaneous communications and agreements, written or oral, regarding this Web site. If any provision of this Agreement or portion thereof is held invalid or unenforceable, such provision or portion thereof shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect. The failure by NYSFF to insist upon or enforce strict performance of any provision of the Terms of Use by you or others will not be construed as a waiver of any provision or right of NYSFF. You may not assign or transfer these Terms of Use or any rights hereunder, and any attempt to the contrary is void. The Terms of Use will inure to the benefit of NYSFF and its successors and assigns. Section headings used in this document are for convenience only and do not have any legal effect.
