Privacy Policy

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 SERVICESWE 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 © 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 _________ or by mail at:

[insert mail­ing address]

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