'Realfla.com, and ocalafilm.com' is the interactive on-line service operated on the World Wide Web of the Internet, consisting of information services and content provided by realfla.com, and ocalafilm.com, affiliates of realfla.com, ocalafilm.com and other third parties. 'Subscriber' means each person who establishes or accesses a connection ('Account') for access to and use of realfla.com and ocalafilm.com.
(A) This Agreement, which incorporates by reference other provisions applicable to use of realfla.com and ocalafilm.com, including, but not limited to, supplemental terms and conditions set forth in paragraph 13 hereof ('Supplemental Terms') governing the use of certain specific material contained in realfla.com and ocalafilm.com, sets forth the terms and conditions that apply to use of realfla.com and ocalafilm.com by Subscriber. By using realfla.com and ocalafilm.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use realfla.com and ocalafilm.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) Realfla.com and ocalafilm.com shall have the right at any time to change or discontinue any aspect or feature of realfla.com and ocalafilm.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms
Realfla.com and ocalafilm.com shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of realfla.com and ocalafilm.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on realfla.com and ocalafilm.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of realfla.com and ocalafilm.com Interactive by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of realfla.com and ocalafilm.com and all charges related thereto.
5. Subscriber Conduct
(A) Subscriber shall use realfla.com and ocalafilm.com for lawful purposes only. Subscriber shall not post or transmit through realfla.com and ocalafilm.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without realfla.com and ocalafilm.com's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in realfla.com and ocalafilm.com's discretion restricts or inhibits any other Subscriber from using or enjoying realfla.com and ocalafilm.com will not be permitted. Subscriber shall not use realfla.com and ocalafilm.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with realfla.com and ocalafilm.com Interactive.
(B) Realfla.com and ocalafilm.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of realfla.com and ocalafilm.com are copyrighted as a collective work under the United States copyright laws. Jude Hagin owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of realfla.com and ocalafilm.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on realfla.com and ocalafilm.com Interactive any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of realfla.com and ocalafilm.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted realfla.com and ocalafilm.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants realfla.com and ocalafilm.com the right to edit, copy, publish and distribute any material made available on realfla.com and ocalafilm.com by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of realfla.com and ocalafilm.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability
(A) Subscriber expressly agrees that use of realfla.com and ocalafilm.com is at subscriber's sole risk. Neither realfla.com and ocalafilm.com, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that realfla.com and ocalafilm.com interactive will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of realfla.com and ocalafilm.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through realfla.com and ocalafilm.com interactive.
(B) realfla.com and ocalafilm.com is provided 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, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, 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 record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that realfla.com and ocalafilm.com is not liable for the defamatory, offensive or illegal conduct of other subscribers or third-parties and that the risk of injury from the foregoing rests entirely with subscriber.
(D) In no event will realfla.com and ocalafilm.com, or any person or entity involved in creating, producing or distributing realfla.com and ocalafilm.com or the realfla.com and ocalafilm.com software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use realfla.com and ocalafilm.com interactive. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on realfla.com and ocalafilm.com.
(E) In addition to the terms set forth above neither, realfla.com and ocalafilm.com, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within realfla.com and ocalafilm.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. none of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Prior to the execution of a stock trade, subscribers are advised to consult with your broker or other financial representative to verify pricing or other information. realfla.com and ocalafilm.com, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, realfla.com and ocalafilm.com, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
realfla.com and ocalafilm.com shall have the right, but not the obligation, to monitor the content of realfla.com and ocalafilm.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by realfla.com and ocalafilm.com and to satisfy any law, regulation or authorized government request. realfla.com and ocalafilm.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on realfla.com and ocalafilm.com. Without limiting the foregoing, realfla.com and ocalafilm.com shall have the right to remove any material that realfla.com and ocalafilm.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless realfla.com and ocalafilm.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of realfla.com and ocalafilm.com by Subscriber or Subscriber's Account.
Either realfla.com and ocalafilm.com or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, realfla.com and ocalafilm.com shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which realfla.com and ocalafilm.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
realfla.com and ocalafilm.com and each of its logos (including 'the internet film commission', 'realfla.com and ocalafilm.com', and 'Film Commission of Real Florida, Inc.!' and all related logos and slogans) are trademarks of Film Commission of Real Florida, Inc., All rights reserved. All other trademarks appearing on realfla.com and ocalafilm.com are the property of their respective owners.
11. Third Party Content
realfla.com and ocalafilm.com is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, realfla.com and ocalafilm.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of realfla.com and ocalafilm.com, are those of the respective author(s) or distributor(s) and not of realfla.com and ocalafilm.com. Neither realfla.com and ocalafilm.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through realfla.com and ocalafilm.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with realfla.com and ocalafilm.com. realfla.com and ocalafilm.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on realfla.com and ocalafilm.com by anyone other than authorized realfla.com and ocalafilm.com employee spokespersons while acting in their official capacities. Under no circumstances will realfla.com and ocalafilm.com be liable for any loss or damage caused by a Subscriber's reliance on information obtained through realfla.com and ocalafilm.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through realfla.com and ocalafilm.com Interactive. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for realfla.com and ocalafilm.com established by realfla.com and ocalafilm.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.