blackfilm.com has adopted the following Terms and Conditions of Use (these Terms), which are a legal contract between blackfilm.com, Inc., (blackfilm.com), and you, the user accessing or using the blackfilm.com services accessible through the URLs http://www.blackfilm.com, https://watch.blackfilm.com, https://blackfilm.video and/or any other URLs for the site and/or service which shall be added with or without notice by blackfilm.com (the Site).
1. Third Party Internet Web Sites
blackfilm.com may from time to time provide links and pointers on the Site to Internet sites maintained by blackfilm.com’s affiliates or other third parties (“Third Party Sites”) and may from time to time provide third party material on the Site. These Third Party Sites and third party materials are provided as a convenience only. blackfilm.com has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and blackfilm.com is not responsible for any information provided at any Third Party Sites. blackfilm.com makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that blackfilm.com has provided a link to any Third Party Site on the Site does not constitute an endorsement, authorization, sponsorship or affiliation by blackfilm.com with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. blackfilm.com expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all Third Party Sites.
2. Membership Rules & Guidelines
blackfilm.com provides an opportunity for users to exchange information, ideas and opinions through the use of the Site. Communications posted in the Site’s community area, including but not limited to the message board, are provided by users such as yourself who are unaffiliated with blackfilm.com, and the user providing each such communication is solely responsible for the content thereof. In using the Site’s community areas, you should not assume that messages have been reviewed by blackfilm.com, that communications contain correct information, or that the persons posting such communications have accurately identified themselves and/or their affiliation with any third party. When using the Site’s community area, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
In order to maintain tolerant and thoughtful interaction, blackfilm.com expects you to respect the rights and dignity of others. Accordingly, it is a condition of your use of the Site that you do not:
- restrict or inhibit any other user from using and enjoying the Site’s community area;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, bots, worms or trojan horses;
- post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder and referencing that such use has been permitted by the owner or right holder;
- post or transmit any information, software or other material which contains a virus or other analogous harmful component;
- post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking;
- solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
- impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
- use the Site for any unlawful purpose.
BLACKFILM.COM IS A GENERAL INTEREST SITE NOT INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE. THEREFORE, PERSONS UNDER 13 YEARS OF AGE ARE NOT PERMITTED TO REGISTER FOR ANY BLACKFILM.COM SERVICE, EVENT, OR PROMOTIONAL OFFER.
4. Advertisers and Sponsors
Sponsors and promotional partners help to support the Site. Although blackfilm.com receives compensation from promotional partners and sponsors on the Site (collectively, “Sponsors”), blackfilm.com does not endorse the products or services of our Sponsors and makes no representations or warranties about the products or services of our Sponsors. You decide whether to click on our Sponsor’s banner ads or links and whether to make purchases from our Sponsors. You are solely responsible for payment of all costs or fees associated with the purchase of goods and services from our Sponsors.
5. Disclaimer of Warranties
YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. BLACKFILM.COM HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING CONTENT, THE SITE, AND THE EVENTS, PROMOTIONS AND CONTESTS SPONSORED BY THE SITE INCLUDING ANY WARRANTIES OF AVAILABILITY, NON-INTERCEPTION, FREEDOM FROM VIRUSES, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THIS SECTION 5 REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN BLACKFILM.COM AND YOU.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BLACKFILM.COM, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED THEREON. IF THE FOREGOING LIMITATION IS UNENFORCEABLE, YOU AGREE THAT BLACKFILM.COM’S LIABILITY TO YOU, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
You agree to indemnify and hold harmless blackfilm.com and its directors, officers, employees and agents from and against any and all claims, actions and proceedings and any and all costs, fees (including attorneys fees), expenses, settlements, and judgments that result from your breach of these Terms or your access and use of the Site.
blackfilm.com grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the “blackfilm.com Content”) on the Site solely for your personal, non-commercial use. blackfilm.com may revoke such privilege at any time with or without notice for any reason or no reason. Any and all blackfilm.com Content and other works on the Site and any reproductions of any of the foregoing (collectively, “Works”) are the copyrighted works of blackfilm.com and/or its suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Other than the limited grant of access to and viewing of the blackfilm.com Content described above, blackfilm.com grants you no other privileges or rights in any of the Works. You acknowledge that any other use of the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of blackfilm.com, is strictly prohibited.
blackfilm.com, and all page headers, custom graphics, logos, and button icons are service marks, trademarks and/or trade dress (collectively, the “Marks”) of blackfilm.com. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from blackfilm.com. Without limiting the generality of the foregoing, blackfilm.com specifically prohibits the use of any Mark as a “hot” link to the Site or any blackfilm.com web site unless the establishment of such a link is approved in advance by blackfilm.com in writing. Failure to obtain such approval shall entitle blackfilm.com to seek an injunction enjoining such use. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners.
blackfilm.com makes no representation or claim that any information on the Site is appropriate or may be downloaded outside the United States of America. Access to the Site and to any information thereon may not be legal by certain persons or in certain countries. If you access the Site from outside the United States of America, you do so at your own risk of liability under the laws of the United States of America or of your jurisdiction.
13. Notice Regarding Apple
If you are using our mobile applications on an iOS device, then the following terms apply. You acknowledge that these Terms are between you and VidMover only, not with Apple, and Apple is not responsible for the VidMover Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the VidMover Service. If the VidMover Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the VidMover Service. Apple is not responsible for addressing any claim by you or any third party relating to the VidMover Service or your possession or use of the VidMover Service, including: (a) product liability claims; (b) any claim that the VidMover Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the VidMover Service or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the VidMover Service. Apple and Apple’s subsidiaries are third party beneficiaries of Section 5 of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 5 of these Terms against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
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Phone: (212) 941-3823
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