Terms & Conditions - Beneath the Earth Films

1. OUR AGREEMENT
1.1. These terms and conditions ("Terms") are the terms governing your access to and use of www.beneathearth.com (the "Site"), the online Content Services (the "Services"), the audio visual content available on the Site (the "Content"), the HTML tag or other data or code which is linked to, from or around the Content by Beneath the Earth in order to enable Beneath the Earth Content to be made available as part of the Service by means of the "embedding" of such content in a third party website, blog or similar (the "Beneath the Earth Embed Tags") and any software necessary to access the Services and/or the Content (together the "Beneath the Earth Services") from time to time. By accessing the Site and using the Beneath the Earth Services including the Beneath the Earth Embed Tags, you or any other third party represented by you agree to be bound by these Terms and the terms of our Privacy Policy which is incorporated by reference. If you accept these Terms on behalf of a third party, you agree that you have full authority to bind such third party to these Terms.

1.2. You should keep a copy of these Terms for your future reference. We will not file a copy of these Terms in respect of our agreement with you.

1.3. We may change these Terms at any time by giving you notice by email or by publishing the modified Terms on the Site. It is your responsibility to review these Terms (as amended by us from time to time). If any amendment to these Terms is unacceptable to you, you should cease using the Site and/or the Beneath the Earth Services and/or the Beneath the Earth Embed Tags. If you continue using the Site and/or the Beneath the Earth Services and/or the Beneath the Earth Embed Tags following notification of the modified Terms, you will be deemed to have accepted and will be bound by the modified Terms.

2. GENERAL INFORMATION ABOUT US
2.1. The Site and the Beneath the Earth Services are provided by Beaneath the Earth Films.

2.2. If you have any feedback, questions, complaints or comments about the Site and/or the Beneath the Earth Services or any requests for technical support regarding your use of the Site and/or the Beneath the Earth Services then please contact us at contact@beneathearth.com

3. SYSTEM REQUIREMENTS
3.1. It is your responsibility to ensure that you are able to comply with the relevant system requirements that must be met for you to be able to successfully access the Site and use any of the Beneath the Earth Services before you access the Site. We accept no responsibility for any lack of functionality of the Site and/or failure to provide any of the Beneath the Earth Services and/or the Beneath the Earth Embed Tags that is due to your equipment (including, but not limited to, your computer, internet connection, operating system or settings and software). You acknowledge that the quality of the Beneath the Earth Services and/or the Beneath the Earth Embed Tags you receive may be adversely affected by your equipment.

3.2. You agree that we may cache parcels of the Content on your computer (being small files containing information on, or parts of, the Content) and upload these parcels from your computer to other users of the Beneath the Earth Services and/or the Beneath the Earth Embed Tags to enable easier and more cost effective access to the Content.

4. YOUR PROMISES TO US
4.1. You confirm that:

a. You are of legal age to form a binding contract with us in the country in which you reside, or are 13 years of age or older and possess legal parental or guardian consent, where your legal parent/guardian is fully able and competent to enter into these Terms, and abide by and comply with these Terms;
b. All information and details provided by you or your parent/guardian to us (including on Registration) are true, accurate and up to date in all respects and at all times, including but not limited to your email address;
c. You will comply with the restrictions on your use of the Site and the Beneath the Earth Services and the Beneath the Earth Embed Tags as set out in these Terms;
d. Your use of the Beneath the Earth Services and/or the Beneath the Earth Embed Tags does not violate any applicable law or regulation.

4.2. We will only knowingly provide the Beneath the Earth Services to persons who are 13 years of age or older and the Beneath the Earth Services and the Beneath the Earth Embed Tags are not intended for persons who are under the age of 13. We may immediately terminate these Terms and your use of the Site, the Beneath the Earth Services and/or the Beneath the Earth Embed Tags and disable any username and password that you may have created if we believe that you are under 13 years of age.

4.3. You agree to defend, indemnify and hold harmless us and our directors, officers, employees, agents, representatives, affiliates, parents, subsidiaries, licensors, suppliers, service providers and other contractors (collectively, "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings ("Claims") arising out of or relating to: (a) your breach of these Terms, including but not limited to any representation or warranty contained in these Terms; (b) your access to or use of the Site and Beneath the Earth Services and/or the Beneath the Earth Embed Tags, including without limitation your or others' access of content or other materials available by means of the Site or third party websites, or your purchasing of goods or services from third parties; or (c) your postings or provision to us of information or other data. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties ("Indemnified Claim"). You may not settle any Indemnified Claim without the prior written consent of the concerned Indemnified Parties.

4.4. If we take legal action against you for any breach of these Terms and a court makes an award in our favour you will be responsible for all costs allowable by the courts (meaning legal costs which we incur, your own costs and any other costs ordered by the court).

5. YOUR CONDUCT
5. 1. You agree that in using the Site and/or the Beneath the Earth Services and/or the Beneath the Earth Embed Tags you will not:

a. Use the Site or the Beneath the Earth Services and/or the Beneath the Earth Embed Tags in any way that may lead to the encouragement, procurement or carrying out of any criminal activity, the infringement of our or any third party intellectual property rights, publicity rights, copyright, contract rights and any other rights or for any other unlawful purpose;
b. Use the Site or the Beneath the Earth Services and/or the Beneath the Earth Embed Tags in any way that interrupts, damages, impairs or renders the Site or the Beneath the Earth Services less effective;
c. Use the Site or the Beneath the Earth Services and/or the Beneath the Earth Embed Tags for any purpose other than your personal use;
d. Email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
e. Advertise or promote any third party or your own products or services including by way of the distribution of 'spam' email;
f. Display an advertisement in respect of, or accept payment or anything of value from a third person in exchange for, you performing any commercial activity on or through the Site on behalf of any third person, including but not limited to posting blogs or bulletins with a commercial purpose;
g. Transfer files that contain viruses, trojans or other harmful programs;

5.2. We reserve the right to, without notice, restrict or deny your access to and use of the Site and the Beneath the Earth Services and/or the Beneath the Earth Embed Tags for any reason, including but not limited to, for breach of any provision of these Terms, or of any applicable law or regulation. In the event we do terminate your access to the Site, you agree to immediately stop using the Beneath the Earth Services and/or the Beneath the Earth Embed Tags. This shall not limit our right to take any other actions against you that we consider appropriate to defend our rights or those of any other person.

6. RIGHTS GRANTED AND RIGHTS RESERVED
6.1. The content on the Site, including without limitation, the text, software, scripts, graphics, photos, the Content (including sounds, music and videos), interactive features, the Beneath the Earth Embed Tags and the like and the trademarks, service marks and logos contained therein are owned by or licensed to us. We (on behalf of ourselves and our licensors, as the case may be) reserve all rights in and to such aforementioned content on the Site (including the Content).

6.2. Your use of the Site, the Beneath the Earth Services and the Beneath the Earth Embed Tags grants you no rights in relation to our intellectual property rights including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or the intellectual property right of third parties users of the Site and/or the Beneath the Earth Services and/or the Beneath the Earth Embed Tags. All Content and materials available on the Site and through the Beneath the Earth Services and/or the Beneath the Earth Embed Tags are provided to you for your information and personal use only.

6.3. Save for Beneath the Earth granting You the right to use the Beneath the Earth Embed Tags, You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Beneath the Earth Services, web pages or materials on the Site, the content or the computer codes of elements comprising the Site other than for your own personal use or as expressly stated on the Site. Subject to the above you may stream the Content to your computer for the purpose of viewing it.

6.4. You may submit videos, information, text, photos and graphics to us via the Site and/or the Beneath the Earth Services. By submitting videos, information, text, photos, graphics and Content to us via the Site and/or the Beneath the Earth Services, you grant us, and the third party users of the Site, a non-exclusive, sublicensable, fully paid, royalty free, irrevocable worldwide license in perpetuity to use, modify, add Beneath the Earth Embed Tags to or around the same, create derivative works of, publicly perform, publicly display, reproduce, rent, resell and distribute such material in all media now known or hereafter created and in any other manner, and you confirm that you have the right to grant us such rights.

6.5. We may suspend, discontinue and/or terminate any aspect of the Site or the Beneath the Earth Services and/or the Beneath the Earth Embed Tags at any time. Any use other than that permitted under this paragraph 6 may only be undertaken with our prior express authorization.

7. COMPLAINTS AND REMOVAL OF CONTENT
7.1. If you have reason to believe that any content on the Site is infringing your copyright, you may submit a notification to us or our agent together with detailed information about your complaint. Otherwise, if you have reason to believe that any content on the Site is infringing the rights of any third party, is defamatory, obscene, or illegal in any way, please contact us at contact@Beneathearth.com providing as much information as possible regarding your complaint and including your contact details.

7.2. You may not post, modify, distribute or reproduce in any way any copyrighted materials, trademarks or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

7.3. We reserve the right, but are not obliged to: (a) monitor the Site for violations of these Terms; (b) take appropriate legal action against anyone who, in our sole discretion, breaches these Terms, including but not limited to reporting you to law enforcement authorities (and we will co-operate with those authorities by disclosing your identity to them); (c) otherwise manage the Site, the Beneath the Earth Services and/or the Beneath the Earth Embed Tags in a manner designed to protect the rights and property of us and others and to assist the proper functioning of the Site, the Beneath the Earth Services and/or the Beneath the Earth Embed Tags; and (d) restrict access or the availability of material that we consider to be obscene or otherwise objectionable. We also have the right to disclose your identity to any third party who is claiming that any contribution uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

8. LINKS TO AND FROM OTHER SITES
8.1. You may establish links and/or add Beneath the Earth Embed Tags to any page of the Site or the Beneath the Earth Services in your personal blogs and websites provided:

a. You do not remove or obscure, advertisements, the copyright notice or other notices on the Site or the Beneath the Earth Services and/or the Beneath the Earth Embed Tags; and
b. You immediately stop providing links and/or add Beneath the Earth Embed Tags to the Site or the Beneath the Earth Services if notified by us.

8.2. Except as set out in paragraph 8.1 above, you are not permitted to display any of the Beneath the Earth Services on and/or add Beneath the Earth Embed Tags to your personal blogs or websites or any other third party websites.

8.3. We may provide links to other websites that may be of interest to you from time to time (via advertising or otherwise). You acknowledge that these links are provided for your ease of reference and convenience only. We do not control such third party websites and are not responsible for their contents, and these Terms does not apply to such third party websites. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into via such websites and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve us in any dispute between you and the third party. Before using any third party website that you have accessed through the Site, we recommend that you should review the terms and conditions and privacy policy of such third party website.

9. THE SITE AND THE BENATH THE EARTH SERVICE
9. 1. Upon accessing the Site during the Festival Period, you will be able to access our Official Selection ("Selection") featuring short and full length films and music videos (the "Videos"). Videos will be made available to you by streaming via the Site.

9.2. We have no responsibility or control over the contents of information or communications made by or between users of the Site and Filmmakers in our Selection, or the content of any messages or postings published by our users on the Site. We are not responsible for any contents or the accuracy of or consequences of such content and such information or communications represent the views of the author of the posting and not necessarily the views of Beneath the Earth. We do not monitor the contents of such communications, messages or postings. However, we reserve the right to take down any content on the Site or disable any Beneath the Earth Embed Tags at any time. You must be aware that any information provided by another user of the Site may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using the Site. Any decisions or action taken by you on the basis of information or content provided on or via the Site and/or the Beneath the Earth Embed Tags are at your sole discretion and risk and you should obtain individual professional advice where necessary.

9.3. You may find other users of the Site's use of the Site and/or the Beneath the Earth Embed Tags inaccurate, offensive, indecent, harmful or deceptive. If you have any complaints regarding another user of the Site and/or the Beneath the Earth Embed Tags or if you believe that any of the content posted on the Site is in some way illegal please contact us at contact@beneathearth.com. We can then investigate the user and/or take down the material. Please note that we are under no obligation to take any action against a user unless required by law.

9.4. We may make modifications or alterations to the Beneath the Earth Services and/or the Beneath the Earth Embed Tags from time to time for technical reasons, to help improve your Site experience or to improve the functionality of the Beneath the Earth Services and/or the Beneath the Earth Embed Tags. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

10. ADVERTISING AND PROMOTIONS
Access to certain Content is granted to you free of charge, through the insertion of advertising, banners and other promotions in the Content. You agree to the insertion of advertising, banners and other promotions into the Content as well as to the use of data relating to your use of the Beneath the Earth Services and/or the Beneath the Earth Embed Tags to enable us to use the same for targeted advertising, subject always to the terms of our Privacy Policy.

11. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
11. 1. We do not accept any liability for loss or damage incurred by you or loss of data from your computer system that results from:

a. your negligence;
b. your breach of these Terms; or
c. anything which is beyond our reasonable control which prevents us from fulfilling our obligations under these Terms and includes, but is not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity, acts of God, interruption and/or failure of utilities services service outages, technical issues, the effects of any unauthorised malicious code, that affects any computer equipment, computer programmes, data or other proprietary material, unauthorised hacking (including, without limitation, unauthorised access to any relevant server, computer or database), any unauthorised malicious attacks on any computer equipment, computer programmes, data or electronic systems, breach of contract by any essential personnel or damage to any production, receiving or transmitting equipment or facilities used by us.

11.2. Access to the Site, the Beneath the Earth Services and/or the Beneath the Earth Embed Tags may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.

11.3. You have certain statutory rights under United States law. Nothing in these Terms is intended to affect your statutory rights under United States law.

11.4. We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone breaching these Terms or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the Site and/or the Beneath the Earth Services and/or the Beneath the Earth Embed Tags.

11.5. By operating the Site (including but not limited to the Beneath the Earth Service and the Beneath the Earth Embed Tags), we do not endorse (or imply that we endorse) any product or service advertised on the Site, blogs, contributions or other content available on or linked to by the Site or via the Beneath the Earth Embed Tags, including but not limited to third party websites, or other content to be accurate, useful or non-harmful. You agree that your use of the Site, any software, the Beneath the Earth Services and/or the Beneath the Earth Embed Tags will be at your sole risk. To the extent we are permitted by law, we and our officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Beneath the Earth Services, the Beneath the Earth Embed Tags, any software, the Site and your use thereof.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT, THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE OR THE BENATH THE EARTH SERVICES OR VIA THE BENATH THE EARTH EMBED TAGS AND TAKE NO RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE AND/OR BENATH THE EARTH SERVICES AND/OR BENATH THE EARTH EMBED TAGS, (C) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND/OR BENATH THE EARTH SERVICES AND/OR BENATH THE EARTH EMBED TAGS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE AND/OR BENATH THE EARTH SERVICES AND/OR BENATH THE EARTH EMBED TAGS BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE AND/OR BENATH THE EARTH SERVICES AND/OR BENATH THE EARTH EMBED TAGS.

YOU AGREE THAT YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE BENATH THE EARTH SERVICES AND/OR BENATH THE EARTH EMBED TAGS AND/OR THE SITE IS AT YOUR SOLE RISK. THE BENATH THE EARTH SERVICES AND BENATH THE EARTH EMBED TAGS AND/OR THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE", AND BENATH THE EARTH AND ITS CONTRACTORS AND LICENSORS, AS APPLICABLE, MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SITE. THE BENATH THE EARTH SERVICES AND/OR BENATH THE EARTH EMBED TAGS. YOU ACKNOWLEDGE THAT THE OPERATION AND USE OF THE BENATH THE EARTH SERVICES AND/OR BENATH THE EARTH EMBED TAGS AND/OR THE SITE MAY NOT BE UNINTERRUPTED OR ERROR-FREE.

TO THE EXTENT PERMITTED BY LAW, BENATH THE EARTH DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, BENATH THE EARTH SERVICE AND/OR BENATH THE EARTH EMBED TAGS, OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BENATH THE EARTH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES ARISING FROM YOUR USE OF THE SITE OR THE BENATH THE EARTH SERVICES AND/OR BENATH THE EARTH EMBED TAGS WHICH WERE NOT A FORESEEABLE CONSEQUENCE OF SUCH USE (INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT). OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE BENATH THE EARTH SERVICES AND/OR BENATH THE EARTH EMBED TAGS DURING THE TERM OF YOUR USE OF THE SITE.

12. SECURITY AND PRIVACY
You must read our Privacy Policy which contains important information about the use of your personal data, other information regarding your privacy and our security processes and policies.

13. ACCESSIBILITY
You may access the Site from any location worldwide. However, the Beneath the Earth Services and/or Beneath the Earth Embed Tags may be subject to certain restrictions. For example, you may only be able to access certain Content in specific territories or you may only be able to access certain Content at a specified time.

14. SEVERANCE
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

15. TRANSFER
15.1. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.

15.2. We may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that the Site and the Beneath the Earth Services will be made available to you on the same terms or terms that are no less advantageous to you.

16. THIRD PARTY RIGHTS
These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer our right or obligations or sub-contract our obligations under these Terms to another legal entity under paragraph 15.2.

17. DISPUTES
We will do our best to resolve any disputes in relation to these Terms. By using the Site and/or the Beneath the Earth Services you agree that the laws of the State of New York shall apply in relation to any disputes between us. If you wish to take court proceedings against us you must do so within the jurisdiction and venue of the state and federal courts located in New York City, New York.

These Terms were last updated on 3 March 2012.

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Beneath the Earth Film Festival

Terms