TERMS AND CONDITIONS

Important. Please read carefully. This is a contract. By using this website (the “Site”), you accept all terms and conditions of this agreement. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use this Site.

I. USE OF SITE

Edward R. Pressman Film Corporation (“ERPFC”) reserves the right, in its sole discretion, to amend the Terms and Conditions, and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions, deletions shall become effective upon the Site alteration, posting on the site, or any other means. Continued use of the Site by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions. The Site is owned and operated by ERPFC and in part contains material that is derived in whole or in part from material supplied and/or owned by ERPFC and/or third parties. You may not modify, copy, download, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software. ERPFC does not claim ownership of third party material.

II. DISCLAIMER OF WARRANTIES

While ERPFC uses reasonable efforts to include up to date information in the Site, ERPFC makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. ERPFC has provided links and pointers to Internet sites maintained by third parties (“Third Party Sites”) and may from time to time provide third party materials on the Site. Neither ERPFC, its subsidiary companies, affiliates, or suppliers operate or control in any respect the information, products or services on these Third Party Sites. The content, materials, and products or services available in or accessible through the Site are as is, ERPFC disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied from a course of performance or course of dealing. ERPFC does not warrant that the functions contained in such materials and products, or in the site, will be uninterrupted or error-free, will be available for use, that defects will be corrected, or that the Site, including the storage services and their contents, or the server that makes them available, are free of viruses or other harmful components.

III. LIMITATION OF LIABILITY

Your use of, and browsing in, the Site is at your own risk. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Site, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge that your use of the Site and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. You assume responsibility for the entire cost of all necessary maintenance, repair or correction to your computer system or other property. In no event shall ERPFC or its affiliates or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the Site or with the delay or inability to use the Site, or for any information, software, products and services advertised in or obtained through the Site, ERPFC’s removal or deletion of any materials or records submitted or posted on its Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise, even if ERPFC or any of its affiliates or suppliers has been advised of the possibility of damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that ERPFC, its affiliates or suppliers shall not be liable for any defamatory, offensive or illegal conduct of any user of the Site. By accessing this Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

IV. SUBMISSIONS

It is ERPFC’s policy not to accept or consider unsolicited creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore, we must request that you DO NOT send to us any original creative materials such as screenplays, stories, original artwork, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post shall be deemed the property of and may be used by ERPFC, or its affiliates, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, ERPFC is free to use and shall be deemed to own, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Disclosure, submission, or offer of any submissions to the Site shall constitute an assignment to ERPFC of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such submission. ERPFC is and shall be under no obligation to: (1) maintain any of your or any user’s submissions in confidence; (2) to pay to you or any user any compensation for any submissions; or (3) to respond to any of your or any other user’s submissions. You acknowledge that, with respect to any claim you may have relating to or arising out of ERPFC actual or alleged exploitation or use of any submission hereunder, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on such submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

V. Copyright

Any text, article, picture, GIF, JPEG, blog post, or any content (“Intellectual Property”) that ERPFC does not own is not being claimed by ERPFC, by appearing on the Site. ERPFC does not authorize you to download, print, or use any of the material on the Site and requires you to contact the appropriate rights holder relating to the corresponding Intellectual Property in order to do so. You may not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices, that have been placed in or near the Intellectual Property. Further, you may not modify the content on the Site for any reason without approval from the ERPFC.
All parties downloading, printing or using the content derived from the Site in any manner, represent and warrant that their use will be consistent with this license and that they will not infringe or violate the rights of any other party or breach any contract with or legal duty to any other parties.

VI. TRADEMARKS

ERPFC does not make any claim to third party material posted on the Site. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of ERPFC and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of ERPFC or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that ERPFC will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution.

VII. MERCHANTS

Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site, including 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 merchant. ERPFC will NOT be responsible or liable for any loss and/ or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Site.

VIII. IDEMNIFICATION

You agree to indemnify, defend and hold ERPFC and its parent, affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms and Conditions. ERPFC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ERPFC’s defense of such claim.

IX. CHILDREN ONLINE PROTECTION ACT NOTIFICATION

Pursuant to 47 U.S.C. Section 230 (d) as amended, ERPFC hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the American Links Up web site, http://www.netparents.org. To view information on our policy regarding the privacy of information from children under the age of 13, please click here.

X. EXPORT CONTROL

The Site is controlled and Operated by ERPFC from its offices within the State of New York, United States of America. Unless otherwise specified, the materials on the Site are presented solely to promote and provide information about ERPFC products and services available in the United States. ERPFC makes no representation that the materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations or other countries do so on their own initiative and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable. Software available from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported: (A) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U. S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

XI. INFRINGEMENT POLICY

ERPFC, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. ERPFC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), ERPFC has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to ERPFC in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail: ERPFC 47 Murray Street, New York, NY 10007 Email: info@pressman.com. In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

 

  • A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
  • B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
  • C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address.
  • E. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
  • F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

XII. CHANGES TO TERMS OF USE

ERPFC reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

XIII. GOVERNANCE

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely with such state. Any action you, any third party or ERPFC bring to enforce this agreement or, in connection with, any matters related to this Site shall be brought only in either the state or Federal Courts located in New York County, New York and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.