PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with the WPA Film Library (“WPA”), its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify the WPA Film Library for violations of these Site Terms. By accessing the Site and the footage, images, audio, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (the "Content"), you agree to be bound by these Terms.
Ownership of the Site and its Contents
This Site is owned by WPA. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, footage, images, audio, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (the "Content"), is owned by WPA, its licensors, or its third-party image partners.
All elements of the Site, including the Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. You agree to protect the intellectual property of WPA, its affiliates, and their licensors. WPA reserves the right to make changes to the Site and its Content without prior notice.
Use of the Site
This Site and the Content are intended for customers of WPA. You may not use this Site or the Content for any purpose not related to your business with WPA. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Content without, or in violation of, a written license or agreement with WPA, except as set forth below which allows limited previewing and screening for potential clients; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any WPA product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. Notwithstanding subparagraph (a), a limited download for preview and screening purposes only, is permissible if you are a customer seeking to preview and screen such materials on the Site prior to entering into a license on your own or your clients’ behalf.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
You may not use a WPA logo or other proprietary graphic of WPA to link to this Site without the express written permission of WPA. Further, you may not frame any WPA trademark, logo or other proprietary information, including the Content, without WPA's express written consent.
WPA makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of WPA and WPA is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. WPA provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by WPA of any site or any information contained therein.
You understand that while on the Site, you may encounter links to other websites or online materials operated by third parties. If you “click” on a link to such a third party, the “click” takes you off the Site and to a third party’s website, which is beyond WPA’s control. These other websites may set their own cookies, collect data or have their own privacy policies. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that WPA shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Intellectual Property Rights
The Site and the Content, including but not limited to, all footage, images, text, and audio, is owned by WPA or its third-party partners. You agree to protect the intellectual property of WPA, its affiliates, and their licensors. WPA reserves the right to make changes to the Site and the Content without prior notice.
WPA Trademarks, the WPA logo, and any other product or service name or slogan contained in the Site are trademarks of WPA and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of WPA or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "WPA" or any other name, trademark or product or service name of WPA without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of WPA and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content that, in the sole judgment of WPA, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose WPA or its users to any harm or liability of any type.
Further, you agree not to delete or revise any User Content posted by any third party. WPA takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is WPA liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, WPA is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although WPA has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, WPA reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that WPA may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of WPA; or to protect the safety of our company, employees, customers or the public.
If you post User Content to the Site, unless we indicate otherwise, you grant WPA and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant WPA and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Copyright and DCMA Policy
WPA believes that full compliance with the Digital Millennium Copyright Act (“DCMA”) and other applicable laws governing intellectual property, including rights of privacy and publicity, is in everyone’s best interest. Therefore, WPA has adopted a policy of terminating account holders who infringe upon the intellectual property rights of others. If you believe in good faith that material on the WPA website infringes upon your rights, you may file a notification of such infringement with our Designated Agent at the following address and website:
Attn: Copyright Control WPA Attn: Diane Paradiso 16101 South 108th Avenue Orland Park, Illinois 60467
Email address: [email protected]
WPA adheres to a take-down policy in cases of copyright infringement in compliance with the DCMA requirements. If WPA receives a claim of copyright infringement, WPA may notify the User by electronic mail, regular first class mail, or a general notice on our website.
You agree to defend, indemnify and hold harmless WPA, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Content, or your violation of any rights of another.
THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE,” AND WPA AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. WPA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEM YOU MAY HAVE REGARDING THIS SITE OR ITS CONTENTS IS TO DISCONTINUE YOUR USE OF THE SITE. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT WPA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
WPA uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.
If WPA offers a search feature within the Site, WPA explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. WPA also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.