Legal

TERMS AND CONDITIONS OF USE

This website is provided by the American Film Institute (“AFI”) for your personal, non-commercial use. By visiting, browsing, linking to or otherwise using this website in any way, you are agreeing to be bound by all of the terms and conditions set forth herein and to comply with all applicable laws and regulations. These terms and conditions apply to your use of all of the sites and services operated by AFI and any other site AFI may operate in the future. If you do not agree with these terms and conditions, you should not use these sites. AFI has the right to revise these terms and conditions at any time, without prior notice, and your use of this website after any modifications to these terms and conditions shall indicate your acceptance of any such changes. Your obligations under these terms and conditions shall continue for as long as you access, use, or obtain information from this website. You may terminate your obligations hereunder at any time by discontinuing your use of this website and by destroying all information obtained from it.

DISCLAIMER OF WARRANTIES

ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AFI DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO SUCH CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH AFI WISHES THE CONTENT OF THIS WEBSITE TO BE ACCURATE, COMPLETE AND CURRENT, AFI DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT AT THIS WEBSITE (INCLUDING ANY SOFTWARE) IS ERROR-FREE, COMPLETE OR CURRENT, THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE, ITS CONTENT AND THE SERVERS ON WHICH THIS WEBSITE AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL AFI BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS WEBSITE OR ANY OTHER THIRD PARTY SITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF SUCH THIRD PARTY SITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION, EVEN IF AFI HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

LINKS TO THIRD PARTY SITES

Any links to other websites or Internet locations from this website have been provided for your convenience only. AFI does not endorse, sponsor or approve any of the content of such websites or locations. AFI has no control over any of the websites or other Internet locations that you may access through this website, and is not responsible for the content or accuracy of the content of any such websites or locations. If you access any other website or Internet locations through this website, you do so at your own risk.

OWNERSHIP

AFI owns or has the right to use any and all of the data, information, text, images, photos, videos, trailers, sounds, icons and other content contained on this website (including software and transmissions to this website), and the copyrights, trademarks, service marks and other intellectual property rights therein, unless otherwise noted. You may not copy the content of this website, store any of the content on your hard drive or any other storage device, distribute or transmit any of the content to any other person or company, frame or otherwise display any of the content of this website on your own or any other website, or make any other use of it, without the prior written consent of AFI. Such copying, distribution, transmission, display, or other use would breach these terms and conditions and infringe AFI’s copyrights and/or other intellectual property rights owned by or licensed to AFI. With respect to all content streamed from this website, you agree not to copy, sell, license, modify, redistribute, transmit, publicly display, publicly perform, publish, edit or create derivative works from such content. AFI has no right or authority to authorize you to use, download, print, copy, modify, display, distribute or transmit any content of any other website that you access from this website.

TRADEMARKS

“AFI” is the registered trademark of AFI. Other AFI product or service names or logos referenced in this website are either trademarks or registered trademarks of the AFI. The absence of a product or service name or logo from this section does not constitute a waiver of AFI’s trademark or other intellectual property rights concerning that name or logo. All other products or company names mentioned in this website may be trademarks of their respective owners.

REPRESENTATIONS AND WARRANTIES

If you submit any information of any kind to this website, you represent, warrant and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other person or entity, that such information is not confidential or proprietary to you or any other person or entity, that such information does not injure any other person or entity, and that AFI may copy, distribute, modify, display, disclose or otherwise use such information (and any ideas embodied therein), and may manufacture, use and sell products, methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to AFI and without acknowledgment of authorship or source.


INDEMNIFICATION

You agree to indemnify, defend, and hold AFI and any and all of its employees, directors, officers, shareholders, agents, licensors, licensees, affiliates, successors and assigns (“Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorney’s fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions. You agree to cooperate as fully as reasonably required in AFI’s defense of any claim. AFI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of AFI.

PRIVACY

AFI is committed to protecting your privacy and your personal information provided via this website. Information such as your name, e-mail address, mailing address and general profile and preferences may be requested from you on a voluntary basis and may be used by AFI for limited purposes such as: (i) to notify you of particular services or new features provided by this website; (ii) to personalize or enhance your use of this website; (iii) to provide you with information that you request from AFI; (iv) to facilitate your participation in community bulletin boards provided by this website; (v) to conduct user polls or surveys; and (vi) to monitor user traffic patterns, profiles, and site usage to assist in the marketing, planning, development and design of this website. If you choose not to submit voluntarily requested information, you may not be eligible for those activities for which personally identifiable information is needed. AFI may disclose to third parties statistics and other information regarding the users of this website in the aggregate, and AFI may release personal information of users of this website when it believes in good faith that such release is required by law, requested by subpoena or court order, and/or necessary to assist in discovery of valid legal claims. AFI maintains a membership database with the e-mail address, name, postal address, telephone number and other personally identifiable information of persons who have provided such information to AFI by mail, telephone or e-mail in connection with their membership applications. By becoming a member of AFI, you may receive future communications from AFI via e-mail, telephone or mail. Furthermore, AFI, like many non-profits, occasionally shares its address lists with carefully selected companies and organizations not affiliated with AFI. If, at any time, you do not wish to have such information provided to other companies or organizations, or you do not wish to receive any further information or contact from AFI, you may request that your name and other personally identifiable information be excluded from any list provided to companies or organizations not affiliated with AFI or request that AFI not contact you or send further information by notifying us. AFI does not knowingly collect or solicit information from minors under the age of eighteen (18). Upon notification in writing from a parent or guardian that a minor transmitted information to AFI, AFI will remove or destroy any such information. As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. AFI does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to AFI has not been stolen or otherwise surreptitiously obtained. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this website, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security, and AFI expressly disclaims any liability in connection with such harm, danger or damage.

COOKIES

“Cookies” are data that a website transfers to an individual’s hard drive for record-keeping purposes. AFI uses cookies to remember certain information about you as a user of this website, including your username, site preferences and what you have already viewed on this website in order to track website usage and improve your on-line experience. Our cookies do not contain any personally identifying information and are used only by AFI. Third parties who advertise on this website or have links on this website may also use cookies. AFI makes no warranties or representations with respect to these third parties, nor is AFI liable for any claims of any damages whatsoever incurred as a result of third parties’ use of cookies on user’s hard drives. You can view the cookies that have been stored on your hard drive by AFI or any other website operator. If you do not want information to be collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny acceptance of cookies.

CREDIT CARD TRANSACTIONS

AFI offers you the convenience of making online membership applications and donations via credit card. AFI takes seriously the need for credit card account information security. Your credit card information is used by AFI only for its intended purpose, and all financial transaction forms are stored and served from a secure server. This means that each page you view on AFI’s website and any financial information you submit is encrypted on its way between computers (yours and AFI’s). Your peace of mind and the safeguarding of your credit card information are of the utmost importance to AFI.

GOVERNING LAWS AND SEVERABILITY

These terms and conditions shall be governed by the laws of the State of California and applicable federal laws, without giving effect to conflict of laws principles. If any portion of these terms and conditions is unlawful, invalid or unenforceable, then such portion of these terms and conditions shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of these terms and conditions. Please direct any questions or comments to AFI by e-mailing us here.


State Nonprofit Disclosures

Certain states require written disclosures for nonprofit organizations soliciting contributions. Individual state disclosures are below.

Florida: A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE, WITHIN THE STATE, 1-800-435-7352 (800-HELP-FLA), OR VISITING www.FloridaConsumerHelp.com. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. Florida Registration #CH3004

Georgia: A full and fair description of our programs and our financial statement summary is available upon request at our office and phone number indicated above.

Maryland: For the cost of copies and postage, from the Office of the Secretary of State, State House, Annapolis, MD 21401.

Nevada: Contributions may be tax deductible pursuant to the provisions of sec. 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. ?170(c).

New Jersey: INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215 AND IS AVAILABLE ON THE INTERNET AT www.state.nj.us/lps/ca/charfrm.htm. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT.

New York: Upon request, from the Attorney General’s Charities Bureau, 28 Liberty Street, New York, NY 10005, 1-212-416-8686 or www.charitiesnys.com.

North Carolina: Financial information about this organization and a copy of its license are available from the State Solicitation Licensing Branch at 1-919-814-5400. The license is not an endorsement by the state.

Pennsylvania: The official registration and financial information of American Film Institute may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999.

Virginia: From the State Office of Consumer Affairs in the Department of Agriculture and Consumer Affairs, P.O. Box 1163, Richmond, VA 23218.

Washington: From the Secretary of State at 1-800-332-4483 or http://www.sos.wa.gov/charities/

West Virginia: West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, WV 25305.

Wisconsin: A financial statement of the charitable organization disclosing assets, liabilities, fund balances, revenue and expenses for the preceding fiscal year will be provided to any person upon request.

REGISTRATION WITH A STATE AGENCY DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, APPROVAL OR RECOMMENDATION BY THAT STATE.

More information about nonprofit fundraiser disclosures and annual charity registrations.

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