FILM TRIANGLE

TERMS OF USE

 Kerber Technology Solutions, LLC ("Kerber Tech") provides the FilmTriangle.com website ("Website") subject to the following terms ("Terms of Use").  If you do not agree to these Terms of Use, do not register with or enter this Website. By using the Website, you are agreeing to comply with the Terms of Use and the terms of the Film Triangle Privacy Policy.  From time to time, Kerber Tech may change the terms of this Terms of Use without notice to you.  All such modifications shall become effective immediately, please check them before using the Website to determine whether a change has been made. Your continued use of the Website after the posting of any changes shall constitute your agreement with, and acceptance of, such changes.  In the event you do not agree to abide by the Terms of Use, you must not use the Website in any manner.  

VIOLATIONS

Violations of this Terms of Use entitle Kerber Tech to receive from you minimum damages in the amount of $500 for each violation, plus attorney fees. This is in addition to damages awarded to other wronged parties.

Contacting a poster of information to the Website for any purpose other than the one implied by the posted information, or contacting a poster after receiving instructions not to contact them, entitles the poster and/or Kerber Tech to receive from you minimum damages in the amount of $500 for each violation, plus attorney fees.

Using Content in violation of these TERMS OF USE entitles Kerber Tech to receive from you minimum damages in the amount of $500 for each violation, plus legal fees

WEBSITE CONTENT

All information and content available on the Website ("Content") is owned by Kerber Tech, the filmmakers and/or Kerber Tech’s other licensors and is protected under intellectual property laws, including copyright.

All copyrightable Content, including the selection and arrangement thereof, is copyright of its respective owners, ALL RIGHTS RESERVED. Except as stated herein, you may not copy, reproduce, distribute, republish, download, post or transmit the Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of Kerber Tech.  By posting any material to the Website or any other portion of the Website, or by submitting any material directly to Kerber Tech, you thereby grant Kerber Tech a worldwide, royalty-free, and non-exclusive license(s)"License" thereto.  The License extends to all photos, graphics, audio, or video that you either post or submit. The License includes the right to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such material, and to incorporate such material into other works in any format or medium now known or later developed. You are wholly responsible for the all material you post to the Website or submit to Kerber Tech. You agree to hold Kerber Tech harmless from any claim or damage resulting in whole or in part from Content you post to the Website or submit to Kerber Tech

You may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any manner other than in accordance with the intended use and in furtherance of the purpose of the Website.

You acknowledge that the Content is provided AS-IS, without any warranty, including any warranty of merchantability or fitness for an intended purpose.  Kerber Tech does not necessarily pre-screen, approve, or control the Content posted directly to the Website by users, including, but not limited to, the films.  Kerber Tech does not guarantee the accuracy or veracity of any Content.  Kerber Tech does not (1) guarantee or ensure any product, service or transaction between a buyer and seller; (2) collect, process or escrow payment or goods; (3) transfer of title on behalf of buyers or sellers; or (4) ship or deliver any goods.

Accordingly, it is your duty to independently verify the accuracy and veracity of any posting or advertisement BEFORE entering into an agreement with a buyer or seller.  Kerber Tech is not liable for any false, misleading, offensive, indecent, inaccurate, or otherwise objectionable Content. You acknowledge Kerber Tech is not liable to you or any third party for any errors, omissions, or loss or damage incurred as a result of using the Website. Your only recourse is to stop using the Website.

ACCOUNT

Access to certain areas of the Website requires your creation of a FILM TRIANGLE user account ("Account").  You must provide complete and accurate information when creating your Account and you must prevent use of your Account by any third parties. You are legally responsible for any activities undertaken using your Account. Notify Kerber Tech immediately if you suspect your Account has been compromised. Kerber Tech shall not be responsible to you for any damages attributable to unauthorized use of your Account.

USE OF THE WEBSITE

Kerber Tech hereby grants you, subject to the terms and conditions set forth in this Agreement, a non-exclusive and nontransferable license ("License") to use the Website. Kerber Tech may cancel this License at any time, for any reason, or for no reason. Except and to the extent expressly provided herein, no rights or licenses, expressed or implied, are hereby granted to YOU, as a result of, or related to this Agreement, under any patents, copyrights, trade secrets, or other proprietary rights of Kerber Tech or to use the Website or any portion thereof.

Under the terms of this License, you may only access this Website:

1. for your personal, non-commercial use (provided, however, filmmakers may access the Website for those commercial purposes outlined under separate agreement with Kerber Tech);
2. using the standard functionality provided through the Website;
3. using your own user name and password;
4. if you are 13 years of age or older (We do not knowingly collect information from anyone under 13 years of age);

Under the terms of this License, you shall not:

1. redistribute any portion of this Website or the content contained thereon, in any manner, in any medium;
2. attempt to defeat, defeat or "work around" any copy-protection or any system designed to restrict access to human visitors;
3. extract or collect any personally identifiable information from, or through, the Website;
4. alter, modify or vandalize the Website;
5. assign, rent, sublease or otherwise attempt to transfer any rights under this Agreement;
6. use any inappropriate language in conjunction with the Website, including, but not limited to, profanity and hate speech;
7. use the Website for any commercial solicitation including, but not limited to, solicitation of filmmakers to provide content for another website;  or
8. attempt to modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy the Website.

Kerber Tech reserves all rights not expressly granted hereunder.

HYPERLINKS.

The Website includes links to other websites wholly independent of Kerber Tech and the Website.  Kerber Tech makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained on any such third party website.  Kerber Tech does not endorse, sponsor or guarantee such third party websites.  You agree not to hold Kerber Tech responsible for any advice, content, information, practices, products or services related to or made available through such third party websites.   

SUBMISSIONS

You acknowledge that submissions sent by you to this Website ("Submissions"), including but not limited to film submissions, are non-confidential and that others may read and/or intercept such Submissions.  You are wholly responsible for all Submissions. In forwarding any Submission to FILM TRIANGLE, you warrant that you have the right and authorization from the holders of all intellectual property depicted in, used in or referenced by such Submission to use the Submission as envisioned under this Agreement and on the Website. You warrant that your Submissions do not defame anyone or violate anyone’s right of privacy or publicity. You also warrant that the Submission is not in violation of any local, state or federal law.

 

Kerber Tech has the right, but not the obligation, in its sole discretion to review any Submissions transmitted using this Website or Kerber Tech's server, and to edit or delete any Submissions at any time for any reason. You hereby consent to Kerber Tech's collection and use of such Submissions in accordance with Kerber Tech's then current Privacy Policy and acknowledge that submitting Submissions to this Website creates no confidential or fiduciary relationship between you and Kerber Tech. 

 

You retain ownership of any video Submission ("Film") you make to Kerber Tech. However, in forwarding any Film to Kerber Tech, you thereby grant Kerber Tech, a non-exclusive, irrevocable, fully paid-up, royalty-free, worldwide license, with right to sublicense, in perpetuity to use the Film on the Website and in association with other businesses or affiliates of Kerber Tech in any medium in any format. You also thereby grant users of the Website a non-exclusive, irrevocable, fully paid-up, royalty-free, worldwide license to view the Film in accordance with the terms of this Agreement.

 

For all Submissions OTHER THAN films ("Non-Films"), including, but not limited to comments, criticisms, and background information, you thereby assign all right, title and interest, including the copyright therein, to Kerber Tech. Accordingly, Kerber Tech shall own all intellectual property rights in Non-Films, and shall be entitled to the unrestricted use of the Non-Films for any purpose, commercial or otherwise, without acknowledgment, compensation or liability to you.  By submitting such Non-Films to this Website, you irrevocably waive all "moral rights" in such Non-Films.

 

USE OF FILMS

You may view films for which you have paid the associated license fee ("Licensed Films") and downloaded in accordance with this Terms of Use for private, non-commercial use only.  You may not display Licensed Films on more than one device simultaneously.  You may not broadcast Licensed Films to the public and you may not retransmit Licensed Films over the Internet.

INDEMNIFICATION

You agree to defend, indemnify and hold Kerber Tech, its parents, subsidiaries, affiliates, managers and employees, its suppliers and their respective affiliates and agents, harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to your use of this Website, including, but not limited to: (1) your submission to this Website of any Submission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL KERBER TECH, ITS PARENTS, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR FOR THE LOSS OF PROFITS, OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO KERBER TECH'S RECORDS, OR FOR THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF KERBER TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT THAT KERBER TECH'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO KERBER TECH UNDER THIS AGREEMENT. NOTHING IN THIS AGREEMENT GRANTS ANY THIRD PARTY RIGHTS OR BENEFITS.

DISCLAIMER

YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE CONTENT HEREIN IS PROVIDED ON AN "AS IS, WHERE IS" BASIS AND THAT KERBER TECH MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THIS WEBSITE OR THE CONTENT.  KERBER TECH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABLILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE THIS WEBSITE YOU EXPRESSLY ACKNOWLEDGE: (1) THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) KERBER TECH DOES NOT REPRESENT OR WARRANT THE TIMLINESS, RELIABILITY, COMPLETENESS OR ACCURACY OF THE CONTENT; AND (3) KERBER TECH DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING MATERIAL.

KERBER TECH MAY PERIODICALLY CHANGE CONTENT. KERBER TECH RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES, AT ANY TIME WITHOUT NOTICE TO YOU. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN THIS WEBSITE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER CONTENT, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE SHALL CONSTITUTE OR IMPLY KERBER TECH'S ENDORSEMENT OR SPONSORSHIP THEREOF.

LINKS TO THIRD-PARTY SITES

This Website includes hypertext links to other websites and Kerber Tech has no control over, and makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites, or any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you thereby irrevocably waive any and all claims against Kerber Tech regarding such websites and must adhere to the usage and privacy policies governing such sites. Note that this website's use of hypertext links to other websites does not imply Kerber Tech's sponsorship or endorsement of any such websites.

 

COPYRIGHT INFRINGEMENT NOTICE

It is Kerber Tech’s policy to investigate and respond to claims of intellectual property infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3) ("DMCA"), Kerber Tech has designated the following agent to the U.S. Copyright Office to receive ONLY notifications of claimed copyright infringement relating to the Website:

• by mail:
  Kerber Tech DMCA Copyright Agent
  c/o Law Offices Of Brett J. Trout
  516 Walnut
  Des Moines, Iowa 50309
• by fax: (515) 280-7114
• by email: trout@bretttrout.com

If you believe any of the Website Content infringes your copyright, forward the following information to the above-identified DMCA Agent:

1. A physical or electronic signature of the copyright holder or an authorized agent acting on behalf of the copyright holder;
2. A description of the copyrighted work you claim is infringed or, if multiple works are involved, a representative list of the works you believe are infringed;
3. A description of the material that is allegedly infringing or the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
4. Your contact information, including your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe your Submission was inappropriately removed from the Website under the DMCA, you may forward a counter-notice, containing the following information, to the above-identified DMCA Agent:

1. Your physical or electronic signature;
2. A description of the Submission you claim was inappropriately removed and the online location at which the Submission appeared before it was removed;
3. A description of the material that is allegedly infringing or the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
4. Your contact information, including your address, telephone number, and email address;
5. A statement that you have a good faith belief that the Submission was removed as a result of mistake or misidentification; and
6. A statement that you consent to the jurisdiction of the Federal Court in Des Moines, Iowa.
7. A statement that you will accept service of process from the party providing the original DMCA notice of infringement.

In the event Kerber Tech receives a counter–notice under the DMCA, Kerber Tech may inform the party providing the original DMCA notice of infringement of the counter-notice and, at Kerber Tech’s discretion repost the Submission unless the party providing the original DMCA notice of infringement files, within 10 days, a lawsuit in Federal Court to stop the reposting of the Submission.

TRADEMARK

All trademarks used on this Website are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, the FILM TRIANGLE logo and all other colors, graphics, logos, sounds, images, icons and buttons displayed in this Website ("Marks") are trademarks of Kerber Tech and/or its affiliates.  Absent prior written consent from an officer of Kerber Tech, you may not copy imitate or use any portion of the Marks.

 

IMPERMISSIBLE ACTIVITY

You must not use the Website or the Kerber Tech server(s) to transmit any data which Kerber Tech has reason to believe or which in Kerber Tech’s opinion: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violate any local, state, federal or international law; (3) is vulgar, profane, obscene or offensive; (4) is pornographic, sexually explicit or indecent; (5) contains false or misleading information (6) inhibits another user from use or enjoyment of this Website; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; or (9) contains any type of commercial component or advertising. If at any time Kerber Tech becomes aware of any unauthorized usage of this Website, including any unauthorized political, commercial, malicious, destructive or illegal use, Kerber Tech may, at its discretion, purge the information and/or report any such activities to the relevant authorities.  If you become aware of any such unauthorized usage of the Website, contact the webmaster immediately at webmaster@FILMTRIANGLE.com.

THIRD PARTY SOFTWARE AND SERVICES

Downloading and viewing Films requires a third-party operating system and software (collectively "Third Party Software") and third party Internet connection ("Third Party Services"). You acknowledge that Kerber Tech does not provide, recommend or warrant the suitability of any Third Party Software or Third Party Services and specifically disclaims any liability associated with your use, or inability to use such Third Party Software or Third Party Services associated therewith. You acknowledge that Kerber Tech shall not be responsible for the quality or contents of the Films, problems with downloading Films, interruptions in your access to the Website or any downtime associated with the Website.

DATA COLLECTION AND USE

Your Submissions are subject to Kerber Tech’s Privacy Policy.  By using this Website, you agree to review the Privacy Policy, and be bound by its terms and conditions. From time to time, Kerber Tech may change its Privacy Policy without notice to you. Your continued use of this Website after the posting of any changes shall constitute your agreement with and acceptance of such changes.

Kerber Tech does not knowingly collect data directly from anyone under 13 years of age. If you believe Kerber Tech has inadvertently collected any such data, please contact our website administrator at webmaster@FILMTRIANGLE.com for information regarding removal of any such data from our files.

MONITORING THE SITE

You acknowledge that you are solely responsible for all of your activities in relationship to this Website, including the contents of all Submissions, and the consequences thereof. You agree to indemnify, defend and hold Kerber Tech harmless for any liability arising from your use of this Website. While Kerber Tech respects your privacy, you hereby acknowledge that this Agreement creates no reasonable expectation of privacy in any Submissions.  Kerber Tech may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (spam). You may not use this Website in association with such spam, any computer viruses or any other potentially damaging computer code.  Kerber Tech will prosecute violations of this provision to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to this Website as well as lost profits, damages, court costs and attorney fees associated with repairing any damaged software or hardware. Notwithstanding any provisions of the Privacy Policy, Kerber Tech reserves the right to report any Submissions which Kerber Tech believes violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and to assist such parties in their investigations.

 

GOVERNING LAW

This is the entire agreement between you and Kerber Tech relating to your use of this Website. The laws of the State of Iowa, United States of America shall govern this Agreement and the Privacy Policy, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Privacy Policy shall be filed only in state or federal court located in Polk County, Iowa, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action. You agree to accept service of process by mail, and hereby waive all jurisdictional or venue defenses.  You acknowledge, for the purposes of any legal action, that the Website is a passive website that does not give rise to jurisdiction over Kerber Tech in any other jurisdiction.

 

TERMINATION

Either you or Kerber Tech may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Website.  Kerber Tech may terminate this Agreement immediately, without notice, for any reason, or no reason, and reserves the right to block or prevent your future access to this Website.

 

SEVERABILITY

If any portion of this Agreement or the Privacy Policy is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.

 

GENERAL

You acknowledge this Agreement, Kerber Tech’s Privacy Policy and other legal notices published by Kerber Tech to the Website constitute the entire agreement between you and Kerber Tech regarding the Website. If any provision of this Agreement is held invalid or unenforceable, such provision shall, to such extent, be deemed omitted, and the balance of this Agreement shall be enforceable in accordance with its terms. No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by Kerber Tech.  A waiver by Kerber Tech of any of the conditions to be performed by you hereunder shall not be construed to be a waiver of any succeeding breach thereof. All remedies provided for in this Agreement shall be cumulative, and in addition to, and not in lieu of, any other remedies available to Kerber Tech at law, in equity or otherwise. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Website must be filed within one (1) year after such claim or cause of action arises or will be forever barred.