QUIET ISLAND FILMS, LLC

TERMS OF USE

(Eff. 11/01/2018)

  1. Overview of our Terms of Use

These Terms of Use (“Terms”) govern the use of our primary website, quietislandfilms.com (“the site”), as well as other websites, products, content, goods, services, promotions, software, technology and any other materials that we may provide (“Services”), as well as other services that link to, or contain references to, this document and are published or made available by Quiet Island Films, LLC and its affiliates as applicable (“QIF”, “we”, “us” or “our”). “Services” as used hereinafter shall include the Site. Please read these Terms carefully.  These Terms do not govern sites, applications, destinations, or services linked to from the Services that we do not own or control. You can access the Terms any time in the footer of the Site’s home page, via the menu button or on the Site description screen, or as otherwise indicated depending on the Site or Services you are using.  BY ACCESSING, VISITING OR USING THE SITE OR SERVICES, REGISTERING FOR ANY ASPECT OF THE SERVICES, OR PURCHASING ANY PRODUCT OR SERVICE FROM US, YOU CONSENT TO THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF SITE AND ANY OTHER OF THE SERVICES. WE ADVISE THAT YOU PRINT OR RETAIN A DIGITAL COPY A COPY OF THESE TERMS FOR FUTURE REFERENCE. In addition to reviewing the Terms, please also review our Privacy & Cookie Policy (“Privacy Policy”) and any other terms and conditions that may be posted elsewhere in the Site or otherwise communicated to our users through the Services, because the Privacy Policy and all such other terms and conditions are also part of the Agreement between you and us. Additional terms will apply to the purchase of any products or Services from us, and will be provided during the purchase process. If you contract with us for professional services from us (for example, video production), other terms will apply to those services as well, which may vary from those provided herein. The Site and the Services are not intended for anyone under the age of 13. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST ACCESS AND/OR USE ANY QIF SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

  1. Changes to These Terms

We may in our sole and absolute discretion change these Terms or our Privacy Policy from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for new users immediately upon being posted to the Services; however, for existing customers, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue using any and all Services. By continuing to use any Services after any changes are posted, you expressly accept any applicable changes. Please note our employees, customer service representatives, or other agents are not authorized to modify any provision of these Terms, either verbally or in writing.

  1. QIF Intellectual Property; Limited License to the Services

Our Site, Services, products, information, software and other content (“QIF Works”) are intellectual property assets owned by QIF and are protected by the copyright laws of the United States and other countries. These QIF Works are provided to you under license pursuant to the following terms, unless otherwise indicated expressly and in writing; you do not acquire any interest in any of the QIF Works other than the rights licensed to you by the terms below. For any Services that enable you to access, view, download, share or use in any other fashion the QIF Works only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific QIF Works FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.  None of these QIF Works may be copied, shared, or distributed at any time except as provided by the Site or Services (for example, downloading of digital media products). Any use of the Site, Services and QIF Works other than as specifically authorized by these terms, without our prior written permission is strictly prohibited and will automatically terminate the license granted herein without any further action by QIF. Such unauthorized use may also violate applicable laws such as (but not limited to) copyright and trademark laws. This license is revocable at any time.

  1. Trademark Notices

The QUIET ISLAND FILMS and QUIET ISLAND marks, and other website marks, graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of QIF in the U.S. and/or other countries.  QIF’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of QIF.  All other trademarks and logos on this site are the property of their respective owners.

  1. User Content; User Conduct

You must only use the Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any Services. In using any Services, and in particular, our Site, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:

  1. copy, reproduce, or improperly use or access any content on our websites;
  2. modify, distribute, re-post or sell any content on our websites for any purpose;
  3. circumvent or disable any content protection system or digital rights management technology used with any Services;
  4. decompile, reverse engineer, disassemble or otherwise reduce any Services to a human-readable form;
  5. remove identification, copyright or other proprietary notices in or on the Services
  6. use the content on our websites for any commercial exploitation whatsoever.
  7. disrupt or interfere with the security of, or otherwise abuse, our websites, or any services, system resources, accounts, servers, or networks connected to or accessible through our websites or affiliated or linked sites;
  8. access content, data or portions of our websites that are not intended for you, or log onto a server or account that you are not authorized to access;
  9. attempt to probe, scan, or test the vulnerability of the Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
  10. access any Services or our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;
  11. interfere or attempt to interfere with the use of our websites or applications or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
  12. use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our websites;
  13. harass, “stalk”, disrupt or interfere with any other user’s enjoyment of our websites or affiliated or linked sites;
  14. post or submit any content or other data that is libelous, defamatory, threatening, obscene, invasive of privacy, abusive, illegal, objectionable, fraudulent or will otherwise violate the rights of third parties;
  15. upload, post, or otherwise transmit through or on our websites any viruses or other harmful, disruptive, or destructive files;
  16. use, frame, or utilize framing techniques to enclose any QIF trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without QIF’s express written consent;
  17. use meta tags or any other “hidden text” utilizing a QIF name, trademark, or product name without QIF’s express written consent;
  18. deeplink to our websites without QIF’s express written consent;
  19. create or use a false identity on our websites, share your account information, or allow any person besides yourself to use your account to access our websites;
  20. harvest or otherwise collect information about QIF users, including email addresses and phone numbers;
  21. download, “rip,” or otherwise attempt to obtain unauthorized access to any Services, content or other materials; and
  22. post any copyrighted material unless the copyright is owned by you or unless you have an express license from the copyright owner permitting such posting.
  1. Content You Submit

For content (images, video, textual work, sound works) that you have ownership of (“Your Content”), any submission of such to us must be in compliance with other terms herein. In addition, you grant QIF and our affiliates a non-exclusive, royalty-free, license to use, reproduce, publish, translate, distribute, broadcast and display Your Content throughout the world in any media. You also grant QIF and its affiliates a right to adapt or modify such content as needed for certain display or broadcast reasons (for example, modification or re-sizing of images or video for a mobile browser or for accessibility reasons). We will not sell, or create derivative works from, Your Content without your express permission. You grant QIF and our affiliates the right to use the name you submit in connection with Your Content, if we so choose. Any content that you submit to us for our use in the delivery of professional services (for example, video production) will be governed by separate terms between us.

  1. Third Party Links and Services

Our Services may contain links to other websites or services. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed the information on those other sites and are not responsible for the content of those other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Further, your dealings with any third parties found on or through the Services, the purchase of products or services, and any terms, conditions, warranties or representations associated with such activities, including privacy terms, are solely between you and the third party. You agree that QIF will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, through the Services.

  1. Privacy Policy

As noted elsewhere herein, the information that we obtain from you through your use of any of the Services, whether through the registration process or otherwise, is subject to the Privacy Policy. The Privacy Policy can be viewed on our Privacy Policy page. [insert link] The Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the applicable Privacy Policy before you use the Services. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use our Services.

  1. Releases

You hereby release and discharge QIF and any affiliates from any and all claims, suits, rights of action, losses, charges, damages, demands, debts or causes of action, in law or in equity, that you have, or may come to have, against the QIF Affiliates, arising out of, or relating to, your use of the Services. You understand and agree that this Release is a condition precedent to your access to the Services. You acknowledge that you are aware of Section 1542 of the California Civil Code, which provides that “a general release does not extend to claims which the creditor [or claimant] does not know or suspect to exist in his/her favor at the time of executing the release, which, if known by him/her, must have materially affected his/her settlement with the debtor [or opposing party].” Nonetheless, it is your intent to release QIF and the QIF Affiliates, fully and finally. You hereby waive any benefits you may have pursuant to California Civil Code Section 1542 to the fullest extent permitted by law and assume the risk of any and all claims against QIF and the QIF Affiliates, or any of them, which you do not know or suspect to exist whether through ignorance, oversight, error or otherwise.

  1. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT QIF IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA USE,(4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN OUR SITE OR OTHER SERVICES, (5) RELIANCE ON CONTENT OR USER CONTENT OR POSTINGS ON OR IN OUR SITE OR SERVICES, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT QIF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL QIF’S DIRECT LIABILITY HEREUNDER EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Indemnification

You agree to indemnify, defend and hold harmless, QIF and our affiliates, our officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation or breach of these Terms of Use. If you cause a technical disruption of any of our Services, or the Site or the systems that the Services or Site are hosted on, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

  1. International Users

Our websites are controlled, operated, and administered by QIF from its offices within the United States of America. We recognize that it is possible for you to obtain access to the Services and Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Services and Site have been designed to comply with the laws of the State of Minnesota and of the United States. QIF makes no representation or warranty that the materials contained within our websites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the websites are illegal is prohibited. By accessing or otherwise using the Services, you represent and warrant that: (a) your access to and use of the Services, or any content or software therein, will comply with any and all requirements in these Terms; (b) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (c) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Services. Privacy provisions applicable to persons in the EU may be found in our Privacy Policy.

  1. Governing Law; Dispute Resolution

As the Services and Site are controlled by QIF from Minnesota, you agree that Minnesota and U.S. law will apply regardless of your residence or the location where you use the Site and Services. You irrevocably consent to the jurisdiction of the state and federal courts located in Ramsey County, Minnesota for any action to enforce these Terms of Use or adjudicate any other dispute related thereto.

  1. Limitation of Actions Brought Against QIF

You agree that any claim or cause of action arising out of your use of the Services or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by QIF to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. If you have any questions or concerns with respect to the Site, the Services or these Terms, you may contact a representative of QIF at info@quietislandfilms.com or by mail at: Quiet Island Films 2207 Sargent Ave Saint Paul, MN 55105

Copyright Quiet Island Films 2023. All Rights Reserved.

QUIET ISLAND FILMS®