1. General Terms
You must be at least 13 years old to submit Content to FCSD. If you are at least 13 years old but still a minor, a parent or legal guardian must give you their permission to submit content. By agreeing to these terms, you represent that you are fully able and competent to enter into the terms.
You are solely responsible for any of your Content submissions.
You may not submit Content to FCSD for any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content. You may not, in your submission of Content to FCSD, violate any laws in your jurisdiction (including but not limited to local, state, and federal copyright laws).
You are responsible for your conduct and any Content, including but not limited to any data, text, information, screen names, graphics, photos, profiles, audio, video clips, and links that you submit to FCSD.
FCSD does not control, is not responsible for, and makes no representations or warranties with respect to any user Content.
You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user Content.
You may not copy, modify, or create derivative works of the service or its Content.
You may not transmit any worms or viruses or any code of a destructive nature.
You agree to indemnify and hold FCSD harmless as indicated in section 4 below.
We reserve the right, at any time and without prior notice, to remove or disable access to any Content submitted by a user, that we consider, in our sole discretion, to be in violation of these Terms, or harmful to FCSD. Deleted Content may be stored by FCSD in order to comply with certain legal obligations and is not retrievable without a valid court order. FCSD will not be liable to you for any modification, suspension, or the loss of any Content.
The Content available through FCSD has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with any Content, relating to the quality, suitability, truth, accuracy or completeness of any Content submitted to FCSD.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right to reclaim submission information on behalf of businesses or individuals that hold legal claims or trademarks on those usernames.
3. Proprietary Rights in Content
FCSD does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other Content that you submit to FCSD. By submitting any Content on or through FCSD, you hereby grant to FCSD a non-exclusive, fully paid and royalty-free, worldwide, sub-licensable and transferable license to use, modify, publicly perform, publicly display, reproduce and distribute such Content, including without limitation distributing part or all of the Content in any media formats through any and all media now known or hereafter devised.
As of 12/23/2015, for any films submitted on or through FCSD, you hereby grant to FCSD and it’s successors and assigns, assignees, grantees and licensees (collectively referred to as Film Consortium San Diego) a perpetual, fully paid and royalty-free, worldwide, and non-exclusive license to use, modify, publicly perform, publicly display and reproduce the film at the San Diego Film Awards, Fall Film Festival, Winter Film Showcase or any and all venues and events produced (all or in part) by Film Consortium San Diego.
This includes agreeing that the Film Consortium San Diego is allowed to:
>Edit the film as required for promotional purposes of the Film Consortium San Diego.
>Feature clips or trailers of the film online in perpetuity for purposes of promoting the Film Consortium San Diego.
>Include clips and/or images of the film to promote the Film Consortium San Diego.
>Feature audio clips from the film for radio promos.
Content you submit to FCSD may generate advertising revenue for FCSD, and may display advertisements and promotions, and you hereby agree that FCSD may place such advertising and promotions on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you. You agree that you have no claim to any advertising revenue generated from usage of your Content.
You represent and warrant that: (i) you own the Content submitted by you to FCSD or otherwise have the right to grant the license set forth in this section, (ii) the submission and use of your Content by FCSD does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the submission of your Content to FCSD does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you submit to FCSD as per section 4 below.
FCSD accepts and broadcasts Content of users and other FCSD licensors. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any Content appearing on or through FCSD.
FCSD performs technical functions necessary to accept and broadcast the Content submitted to FCSD, including but not limited to transcoding and/or reformatting Content.
You agree to indemnify, defend and hold FCSD harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your: (i) use of, or misuse of, or access to, or submission to FCSD content; or (ii) violation of the Terms of this agreement; or (iii) Content violates any applicable law or regulation, or the rights of any third party.
FCSD is protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to FCSD, including all associated intellectual property rights. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding FCSD (“Feedback”) is given entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
FCSD reserves the right, at its sole discretion, to modify or replace any of these Terms without notice. FCSD may also impose limits on certain features and services or restrict access to parts or all of the website without notice or liability. It is your responsibility to check these Terms periodically for changes. Your submission of Content or use of the FCSD website following the posting of any changes to these Terms constitutes acceptance of those changes.
FCSD may terminate, change, suspend, or discontinue the website or Content (including without limitation, the availability of any feature, database, or Content) or your access to all or any part of the service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the service and related Content.
You understand and agree that the FCSD is provided to you “as is” and on an “as available” basis. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the FCSD will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
9. Limitation of Liability
FCSD will not be liable to you for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your submission of Content to or your access to or use of or inability to access FCSD or its website; (ii) any conduct or Content of any third party submitted to or used by FCSD; and (iii) any Content obtained from FCSD; whether or not we have been informed of the possibility of such damage, and even if a remedy forth herein is found to have failed its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, FCSD’s liability will be limited to the fullest extent permitted by applicable law.
For any dispute you have with FCSD, you agree to first contact FCSD and attempt to resolve the dispute with us informally. In the unlikely event that FCSD has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. Unless FCSD consents, arbitration will be conducted in San Diego, California. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. To the extent permitted by law, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these terms, you are waiving the right to a trial by jury or to participate in a class action.
12. Governing Law
These Terms are governed by the laws of the State of California, without regard to any conflict of laws, rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the use of the FCSD website and the submission of Content to FCSD, and supersede and replace any prior agreements we might have between us regarding the use of the FCSD website and the submission of Content to FCSD.
The captions appearing at the commencement of the paragraphs hereof are descriptive only and for convenience in reference to this Agreement and should there be any conflict between any such heading and the paragraph at the head of which it appears, the paragraph thereof and not such heading shall control and govern in the construction of this Agreement.
Questions & Contact Information
If you have any questions about our Terms, contact us at filmconsd