Terms and Conditions

Terms and Conditions

Agreement between user and www.FilmTalkPodcast.com.

Welcome to www.FilmTalkPodcast.com. The www.FilmTalkPodcast.com website (the “Site”) is comprised of numerous web pages operated by Film Talk (“Film Talk”). www.FilmTalkPodcast.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.FilmTalkPodcast.com constitutes your agreement to all such Terms. Please read these terms carefully, and retain a copy of them for your reference.

Privacy

Your use of www.FilmTalkPodcast.com is subject to Film Talks’s Privacy Policy. Please review this Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.FilmTalkPodcast.com or sending emails or social media messages to Film Talk constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

By using this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Film Talk is not responsible for third party access to your account that results from theft or misappropriation of your account. Film Talk and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.

Film Talk  does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use www.FilmTalkPodcast.com only with permission of a parent or guardian.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.FilmTalkPodcast.com strictly in accordance with these specific terms of use. As a condition of your use of the Site, you warrant to Film Talk that you will not use the Site for purposes that are unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with another party’s use and enjoyment of the Site. You may not obtain or attempt to obtain materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Film Talk or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all such copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on this Site. Film Talk content is not for resale. Your use of the Site does not entitle you to make unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in the content. You will use protected content purely for your personal use, and will make no other use of the content without the express written permission of Film Talk and the copyright owner. You agree that you do have not acquired any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Film Talk or our licensors, except as expressly authorized by these Terms.

Links to third party sites/Third party services

www.FilmTalkPodcast.com might contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Film Talk and Film Talk is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Film Talk is offering these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Film Talk of the site or any association with its operators.

Some services made available via www.FilmTalkPodcast.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.FilmTalkPodcast.com domain, you hence acknowledge and consent that Film Talk may share such information and data with any third party with whom Film Talk has a contractual relationship to provide the requested product, service or functionality on behalf of www.FilmTalkPodcast.com users and customers.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and specifically related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not do any of the following: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.

Film Talk has no obligation to invigilate the Communication Services. However, Film Talk reserves the right to review materials posted to a Communication Service and to delete any materials in its sole discretion. Film Talk reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason.

Film Talk reserves the right to end your access to any or all Communication Services at any time if your communication is deemed inappropriate by Film Talk, without notice.

Film Talk retains the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Film Talk’s sole discretion.

Please always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Film Talk does not control or endorse the content, messages or information found in any Communication Service and, therefore, Film Talk specifically disclaims any liability with regard to the Communication Services and any actions resulting from your personal participation in any Communication Service. Managers and hosts are not authorized Film Talk spokespersons, and their views do not automatically reflect those of Film Talk.

Materials uploaded to a Communication Service might be subject to posted limitations on usage, reproduction and/or dissemination. You are personally responsible for adhering to such limitations if you upload the materials.

Regarding materials provided to www.FilmTalkPodcast.com or posted on any Film Talk web page, Film Talk does not claim ownership of the materials you provide to www.FilmTalkPodcast.com (including feedback and suggestions) or post, upload, input or submit to any Film Talk Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Film Talk, our affiliated companies and necessary sub-licensees the permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the exploitation of your Submission, as provided herein. Film Talk is under no obligation to post or utilize any Submission you may provide and may remove any Submission at any time in Film Talk’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you guarantee and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Film Talk from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local and national laws. You agree that you will not use the content accessed through www.FilmTalkPodcast.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Third Party Accounts

You may have the option to connect your Film Talk account to third party accounts. By connecting your Film Talk account to your third party account you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, please do not use such features.

Indemnification

You agree to indemnify, defend and hold harmless Film Talk, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your personal use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Film Talk retains the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Film Talk in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any disagreement between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be decisive, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall indeed be entitled to recover its costs and reasonable attorney’s fees. Both parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. Both parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are strictly not permitted. THE PARTIES BOTH AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Furthermore, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Termination/access restriction

Film Talk reserves the right, in its sole discretion, to end your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee and you hereby consent to the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Film Talk as a result of this agreement or your use of the Site. Film Talk’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Film Talks’s right to comply with governmental, court and law enforcement requests or requirements relating to your personal use of the Site or information provided to or gathered by Film Talk with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall hence continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Film Talk with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Film Talk in regards to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that both this agreement and all related documents be written in English.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FILM TALK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY GIVEN TIME.

FILM TALK AND/OR ITS SUPPLIERS MAKE ABSOLUTELY NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CONTAINED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FILM TALK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FILM TALK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE GENERAL USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FILM TALK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MIGHT NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE.

Changes to Terms

Film Talk reserves the right, at its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Film Talk encourages you to periodically review the Terms to stay informed of our potential updates.

Effective as of November 29, 2015