As part of the registration process, End User will provide certain personal information to the California Film Institute and its affiliates and representatives. Except as provided herein, the California Film Institute and its affiliates and representatives agree to use the End User individualized information only for internal purposes as it pertains to newsletter subscriptions; in reference to the sweepstakes End User information is shared with co-presenter Morris Publishing Group, their privacy policy can be found here: https://www.morris.com/privacy

TERMS OF SERVICE

Welcome to the California Film Institute. This service is offered free of charge to users in conjunction with this web site using proprietary software of California Film Institute. Your (“End User”) use of the Service is, however, conditioned upon completion and acceptance of the “End User Agreement” Terms of Service, as well as continued compliance with its provisions. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. BY REGISTERING FOR THE SWEEPSTAKES, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT LIMITATION OR QUALIFICATION. IF AFTER READING THIS AGREEMENT, YOU DO NOT WISH TO AGREE TO ALL OF THE TERMS OF SERVICE, PLEASE DO NOT COMPLETE THE SWEEPSTAKES REGISTRATION FORM.

GENERAL

By completing the registration process, End User is stating that he/she has read and understands the End User Terms of Service, and that he/she agrees to be bound by them. The California Film Institute may modify this End User agreement at any time, and may terminate End User’s use of the Service or otherwise revise any or all aspects of the Service in its sole discretion and without prior notice. End User’s continued use of the Service now, or following the posting of notice of any changes in this End User Agreement, will constitute a binding acceptance by End User of such rules, changes or modifications. End User represents that he/she is at least 18 years of age and, if acting on behalf of a group or organization, has the authority to do so. Any minor using the system shall do so only with the consent of a supervising parent or guardian who shall execute an End User Agreement on behalf of such minor. End User acknowledges that he/she is aware that areas accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age). End User, or parent or guardian, as the case may be, agrees to supervise usage of the Service by minors, if any, whom End User permits to use the Service.

END USER RESPONSIBILITIES

End User agrees to ensure that any content or information he/she provides will at all times be accurate, complete and not misleading. End User agrees not to place on this site any content that violates, plagiarizes or infringes upon the rights of others, including copyright, trademark, the right of privacy or the right of publicity, or that would be abusive, profane, obscene, indecent, threatening, defaming, slanderous, libelous, offensive, or otherwise illegal. End user agrees not to solicit the performance of any activity that is prohibited by law. End User agrees to comply with all applicable laws, rules and regulations in connection with this End User Agreement. End user agrees not to restrict or inhibit any other user from using and enjoying the Service.

CONTEND AND MONITORING

If the California Film Institute becomes aware of any use of the Service which may be considered inappropriate, it will respond accordingly, which response may include, but is not limited to, sharing the name and contact information of End Users of the Service with law enforcement agencies. End User assumes all risk and liability with respect to use of the Service, including End User’s continued compliance with the End User Agreement. Except as otherwise provided by copyright law, all other copying, redistribution, or publication must be with the expressed permission of owner of such material. Copying, redistribution, or publication of copyrighted material, or changes to or deletion of author attribution or copyright notice are prohibited.

THIRD PARTY INTERACTION

In End User’s use of this site, he/she may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers, sponsors and other users of this site. Any such correspondence, purchase or participation, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or participation is solely between End User and the applicable third party. End User agrees that the California Film Institute has no liability, obligation or responsibility for any such correspondence, purchase or participation between End User and any third party. (Delta Airlines or Lodge at Tiburon – do we need to include these partners?)

TRADEMARKS

Certain of the names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of the California Film Institute or other entities. End User is not authorized to use any such marks. Ownership of all such trademarks and other intellectual property remains with the California Film Institute or those other entities. No permission is granted to hyperlink other Internet sites with any page in this site. End User agrees not to “frame” or “mirror” any of the contents or pages contained on or accessible from this site on any other server or Internet-based device without the advance written authorization of the California Film Institute or its licensors, as applicable. This authorization terminates automatically, without notice to the End User, if he/she breaches any of the Terms of Service.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

END USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT END USER’S SOLE RISK. NEITHER THE CALIFORNIA FILM INSTITUTE NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES PUBLISHER, THE CALIFORNIA FILM INSTITUTE NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER THE CALIFORNIA FILM INSTITUTE NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) DAMAGES RESULTING FROM ANY ACCESSING, ALTERING, OR DESTROYING OF DATA; (B) DAMAGES FROM THE INACCURACY OF THE SOFTWARE EITHER NOW OR IN THE FUTURE; (C) DAMAGES FROM LOSS OF BUSINESS, PROFITS, OR BUSINESS OPPORTUNITIES; (D) DAMAGES FROM THE INTRODUCTION OF COMPUTER VIRUSES; OR (E) LOSSES FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET, PRIVATE INTRANET OR OF THIRD PARTY TELECOMMUNICATION SERVICES. To the maximum extent permitted by applicable law, in no event will the California Film Institute, or any person or entity involved in creating, producing or distributing the Service or the content included therein, be liable to End User or any third party in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, extraordinary, exemplary, incidental, special, punitive, consequential or similar damages, including, without limitation, business interruption, loss of data, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the Service. End User hereby acknowledges that the provisions of this section shall apply to all use of and content on the Service. End User acknowledges that the content on the Service, by its nature, may involve a level of risk, including, without limitation, personal injury, property damage or other dangers. In no event shall the California Film Institute’s total liability to End User for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by End User, if any, for accessing the Service. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Service and content therein, under any legal theory or cause of action.

INDEMNIFICATION

End User agrees to indemnify, defend and hold harmless the California Film Institute, its affiliates, licensors, officers, directors, employees, consultants, licensees and agents from and against any and all claims, demands, liability, damages and/or costs (including, but not limited to, investigation and attorneys’ fees) arising from End User’s use or any user of End User’s account of the Service or content therein, their violation of the Terms of Service, or their infringement, or infringement by any other user of their account, of any intellectual property or other right of any person or entity.

MISCELLANEOUS

The Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or End User’s actual state or country of residence. End User agrees to submit to the jurisdiction of the courts located in Marin County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or his/her use of the Service. The Terms of Service will inure to the benefit of the California Film Institute’s successors, assigns and licensees. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the California Film Institute. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of the California Film Institute to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the California Film Institute in writing. These Terms of Service constitute the entire agreement between End User and the California Film Institute with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter. The California Film Institute can revise these Terms of Service at any time without notice by updating this posting, and End User agrees that their continued use of the Service after such revisions have been posted constitutes their acceptance of such revised Terms of Service. Neither party may assign or transfer this Agreement to any other person or entity without the prior written consent of the other party, (which consent shall not be unreasonably withheld), provided however that the California Film Institute may assign the Agreement to another entity: (i) owning a majority of its outstanding stock; (ii) into which it merges, or (iii) which acquires all or substantially all of its assets. The provisions of this Terms of Service are for the benefit of the California Film Institute and their contractors, information providers, service providers, licensors, employees, licensees and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf. Any acknowledgment of an e-mail or other communication from End User that is in any way inconsistent with, or adds to, the provisions of these Terms of Service is null and void. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of these Terms of Service. The California Film Institute may authorize or allow its contractors and other third parties to provide to the California Film Institute and/or to End User services necessary or related to making the Service available and to perform obligations and exercise rights of the California Film Institute under these Terms of Service. Any obligations or duties which by their nature extend beyond the termination of these Terms of Service shall survive any expiration or termination of these Terms of Service. The California Film Institute and/or third parties may from time to time send e-mail messages to End User containing advertisements, promotions and other such information. The California Film Institute makes no representation or warranty with respect to the content of such email messages or any goods or services which may be obtained from such third parties, and End User agrees that neither the California Film Institute nor such third party shall have any liability with respect thereto. Recognizing the above, End User chooses to voluntarily enter this space and to use the Service and to not hold Licensee or the California Film Institute responsible for any action or inaction on either of their parts. End User chooses to use the service and to abide by the terms and conditions set forth here.