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Terms and Conditions

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Terms & Conditions

I. Agreement to these Terms

THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND CAROLINA FILMWORKS, LLC (REFERRED TO HEREIN AS "CFW," "WE," "US," OR "OUR") RELATING TO YOUR ACCESS AND/OR USE OF THIS WEBSITE. READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE.

YOU MUST FOLLOW THE TERMS OF THIS AGREEMENT, WHICH INCLUDES ANY RESTRICTIONS OR GUIDELINES POSTED ON THE WEBSITE. Your access or use of this website constitutes your agreement to be bound to the terms of this Agreement, including any changes that may exist when you re-access our website. If you do not agree with the terms of this Agreement and our posted restrictions or guidelines, do not use this site. Discontinuing use of this site shall not modify any terms that apply to prior uses or registrations on the site.

II. Agreement to Changes or Updates

We reserve the right to make changes and update any information or Content contained on this website and/or the terms of this Agreement without prior notice. Any changes in our terms of usage will be incorporated into a revised Agreement that we will post on this website. All visitors have the obligation to review changes to this Agreement. Unless otherwise specified, such changes shall be effective when they are posted.

III. Website Ownership

This website is owned and operated by Carolina Filmworks LLC. CFW, entities under common ownership or control with CFW (?Affiliates?) or parties that have granted us specific usage authorizations ("Licensors") own the logos, images, text, tools, graphics, marks, names, photographs, sound, illustrations, design elements, materials, code and software (collectively "Content") displayed or posted on this website. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect this Content.

IV. Agreement Violations and Termination

Any conduct that in any way violates this Agreement or any posted restrictions or guidelines may result, in our sole discretion, in the termination of visitor site registrations and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect our website, the Content, CFW, its parents, Affiliates, Licensors and/or visitors; to comply with applicable laws; or to prevent unauthorized access or use of this website or Content.

V. Website Membership or Registration

You must be eighteen (18) years of age or older to participate in site membership or registration offerings.You may also be required to meet an older minimum age requirement and agree to additional rules and terms posted on our site for participation in certain contests, sweepstakes or special events.

Membership and registration offerings may request that you provide us with certain personal information such as your name and email address. All personal information that we collect over this website will be governed by our Website Privacy Policy, which is incorporated in this Agreement by reference.

Visitors are responsible for providing us with accurate information. We may cancel your site membership or registration without notice if, at any time, we discover that you provide false or inaccurate information, violate this Agreement or if your email address is canceled or becomes inaccessible for an extended period of time.

VI. Confidentiality of Password

Website registrations or membership may also request that you select a password. You are responsible for maintaining the confidentiality of your password. You agree to promptly notify us of any unauthorized use of your password after you become aware of such use, and further agree to indemnify and hold CFW, its parents or Affiliates harmless from any claim, action or damages arising out of your improper use of or failure to keep your password confidential.

VII. Restrictions on Use of Content

Use of Content for any purpose not expressly permitted in this Agreement is prohibited. Visitors may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, permanently store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from this site other than as provided herein. Visitors may print or download the Content from this site only for personal and non-commercial use, provided that the visitor does not republish or redistribute the Content and keeps in tact all Content, including any copyright, trademarks, service marks or other proprietary notices and credit lines that appear with or on the site Content when copying or downloading. Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited.

Visitors expressly agree not to engage in any activity that:

/> may alter or damage Content;

/> interrupts, destroys or limits the functionality or integrity of any computer software, hardware or Content on this website;

/> infringes on any trademark, trade name, service mark or name, copyright or other proprietary right of any Content; or

/> that otherwise violates CFW's policies or the terms of this Agreement.

Any waiver or extension of these restrictions may only be obtained with the express written permission of CFW by sending a written request to:

Carolina Filmworks LLC

1914 JN Peace Place

Charlotte, N.C. 28262

or via email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Decisions to grant or deny permission are within CFW's sole discretion.

CFW, its parents and Affiliates reserve any rights to pursue any causes of action, including, but not limited to, infringement actions or damages resulting from failure to comply with these Content restrictions and/or this Agreement.

VIII. Prohibitions on Framing and/or Linking

Visitors are prohibited from framing any portion of CFW's website or linking to any CFW site page, other than the CFW homepage, without the express written permission of CFW. Written requests for framing or site linking should be sent to CFW at the address in Section VII above.

IX. Availability of Interactive Areas

We may provide access to interactive activities on our website such as chat rooms or bulletin boards (collectively identified as ?Interactive Areas?). These Interactive Areas are public areas on our website and may be owned, operated and/or managed by entities other than CFW. These entities may share transcripts of Interactive Areas with CFW, its parents or Affiliates. Visitors must follow any posted guidelines or requirements for Interactive Areas. To the extent there is a conflict between the rules of an Interactive Area and this Agreement, the rules of the Interactive Area will govern.

X. Visitor Conduct in Interactive Areas

You represent and warrant that you are the owner of, have the right to provide, and are responsible for any information or materials that you email, post, upload, transmit or otherwise make available for access or use in Interactive Areas or over this website. You grant CFW, its parents and Affiliates an irrevocable, royalty-free, perpetual, non-exclusive license to use, copy, display, modify, edit and create derivative works from and to distribute any information or materials that you post, upload or transmit to areas of our website.

Any submissions or postings by visitors to Interactive Areas, without limitation, will be public. CFW, its parents, Affiliates and any contract providers that conduct, operate and/or manage Interactive Areas, will not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in Interactive Areas or over our website.

For increased security, we encourage you to not include any personal information about yourself or others in Interactive Areas, such as name, phone number, email or street address. You should always use a screen name (other than your real name) to identify yourself in Interactive Areas.

Postings to Interactive Areas may not be reviewed by CFW prior to appearing on the website. Nonetheless, CFW reserves the right to change, delete, or remove, in part or in full, any postings on any portion of our website or in Interactive Areas and to terminate or suspend access to such areas for conduct that we believe interferes with other peoples' enjoyment, violates applicable laws and/or this Agreement.

You agree not to use our website or Interactive Areas to make available any information or content that:

/> is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

/> infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;

/> contains unauthorized advertising or solicits other visitors; or

/> interrupts, destroys or limits the functionality, integrity or operation of any software, hardware or Content on this website.

We also prohibit disruptive statements that incite others to violate our standards, any laws or this Agreement.

XI. Electronic Communications with CFW

When communicating to us electronically through our website or via email, visitors shall not mask their identity by using a false name, information, email or another person's name or email. Any personal information electronically transmitted to us will be protected in accordance with the policies set forth in our Website Privacy Policy.

We assume no obligation to limit the use of or to protect any non-personal information from disclosure. The submission of non-personal information to us shall in no way prevent the disclosure, use, purchase or manufacture of similar ideas, plans, services, products or the like by CFW, its parents or Affiliates for any purpose; and we shall be free to reproduce, use, disclose and distribute such information to others without liability or restriction.

XII. DISCLAIMER OF WARRANTIES

CFW uses reasonable efforts to ensure the accuracy and correctness of Content appearing on this website and the operation of the site; however, we make no representations or warranties regarding the Content's or website's accuracy, validity, correctness, timeliness, reliability or that usage of the website or Content will be error-free. THIS WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS." WE DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT FOUND ON THIS WEBSITE IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.

XIII. LIMITATION OF LIABILITY

NEITHER CFW, NOR ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS SHALL BE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR OR THIRD PARTY, FOR ANY LOSS, HARM ORDAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO THIS WEBSITE OR CONTENT POSTED ON THIS SITE; (II) ANY FAILURE OR INTERRUPTION OF THIS SITE; (III) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THIS SITE OR THE CONTENT AVAILABLE TO VISITORS; (IV) ANY OTHER CAUSE RELATING TO A VISITOR's ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR CONTENT; (V) ANY CONTENT, MATERIALS, ADVICE OR OPINIONS POSTED OR UPLOADED ON THIS SITE, INCLUDING ANY VISITOR RELIANCE ON SUCH INFORMATION; (VI) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) ANY VISITOR's FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF CFW OR OF ANY SERVICE PROVIDER OR AGENT PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL CFW, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF CFW, ITS PARENTS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

XIV. Leaving Our Website

Please be advised that once you leave our website, your use of the Internet will be governed by the terms of usage and privacy policies, if any, of the particular website that you are accessing. CFW, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OFFERINGS, PRIVACY PRACTICES OR TERMS OF USAGE OF OTHER WEBSITES.

XV. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS IFC, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THE TERMS OF THIS AGREEMENT, YOUR UNAUTHORIZED ACCESS OR USE OF CONTENT AND/OR ANY UNINTENDED CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THIS WEBSITE OR SITE CONTENT.

XVI. CFW Affiliates and Partners

Certain website features, promotions, activities or information may be made available, sponsored or promoted by CFW, its parents, Affiliates, partners or sponsors. Site information may not be updated on a daily basis and may not be the most current information available.

XVII. Third Party Links

Our website may contain links to other sites or resources on the Internet that are controlled by third parties. These links are provided solely as a convenience to our visitors and do not constitute an endorsement, recommendation or certification by CFW, its parents or Affiliates of any third party site, resources, content, products or services. Any concerns regarding external links or websites should be directed to the respective website operator. You acknowledge and agree that:

/> Any information posted by our website regarding third party offers are for information purposes only;

/> All third party postings on our website have been provided by a third party operator/provider and CFW does not warrant its accuracy or completeness;

/> All visitor transactions with third parties are solely between the visitor and the third party;

/> CFW does not make any representations or warranties regarding, and is not liable for, the quality, availability or timeliness of goods or services provided by a third party provider, and you undertake all transactions with these providers at your own risk.

CFW reserves the right, in its sole discretion, to terminate links with any third parties or other websites.

XVIII. Copyright Infringement Concerns

If you believe in good faith that Content or other information appearing on this website infringes on your copyright, you (or your agent) may send us a notice in accordance with the current requirements provided in the Digital Millennium Copyright Act of 1998 ("DMCA"). Notices should be sent to:

Carolina Filmworks LLC

1914 JN Peace Place

Charlotte, N.C. 28262

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Upon receipt of a notice meeting DMCA requirements, we will take such action as we deem appropriate under the DMCA.

XIX. Copyright Infringement Concerns

Our website may contain facts, views, opinions and statements of CFW, independent third parties and/or visitors. CFW, its parents and Affiliates do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our website. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk.

XX. Security Procedures

Please review the section entitled "Security of Personal Information We Collect" in our Website Privacy Policy.

XXI. Choice of Law and Forum

This CFW website is originated and located in the United States, and this Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina applicable to contracts made and wholly performed therein, excluding its conflicts of law provisions. Visitors who choose to access this website from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to this Agreement or your access or use of this website will be subject to the exclusive jurisdiction of the courts located within the state of North Carolina, and you hereby submit to the personal jurisdiction of such courts.

If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.

XXII. Full Understanding

This Agreement, including posted restrictions and guidelines, contains the full understanding of the parties with respect to access and usage of this website and Content posted on the site. No action of ours, other than an express written waiver or update to this Agreement, may be construed as a waiver of any part of this Agreement. In the event CFW waives or updates any specific provision of this Agreement, all other portions of this Agreement will remain intact.