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Term of Use

 

Trademarks

Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts,
commercial markings, trade dress, and service names included in the Website are trademarks of The
Colorado Film Society (collectively, the “Trademarks”) and are protected by the trademark laws of
the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute,
modify or post any Trademarks in any way, including in advertising or publicity pertaining to or
distribution of materials on the Website, without our prior written consent. The Trademarks may not
be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits us.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE
RISK. THE COLORADO FILM SOCIETY DOES NOT MAKE ANY REPRESENTATION OR
WARRANTY (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS
OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY
ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE, OR (ii)
GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT
APPEARING ON THE WEBSITE. THE COLORADO FILM SOCIETY IS NOT RESPONSIBLE
FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE WEBSITE. THE WEBSITE IS
PROVIDED TO YOU “AS IS” AND THE COLORADO FILM SOCIETY MAKES NO
REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR
IMPLIED. SPECIFICALLY, THE COLORADO FILM SOCIETY DISCLAIMS ANY IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR
A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO
CIRCUMSTANCES WILL THE COLORADO FILM SOCIETY BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE
OR CAUSED BY YOUR CONDUCT. THE COLORADO FILM SOCIETY DOES NOT GUARANTEE
CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE
OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS
OUTSIDE OF OUR CONTROL.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COLORADO FILM SOCIETY BE LIABLE
FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES, ARISING
OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING WITHOUT
LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR
BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
THE COLORADO FILM SOCIETY OR ITS
AFFILIATES AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE
ARISING OUT OF OR RELATED TO THE WEBSITE OR THIS AGREEMENT IS LIMITED TO $1.

Indemnification

You agree to indemnify, defend and hold The Colorado Film
Society harmless from any claim, expense or demand, including without limitation
reasonable attorneys’ fees, made by any third party due to or arising out of
your breach of this Agreement, or your violation of any law or the rights of a
third party.

Privacy

The Colorado Film Society is committed to safeguarding
your privacy. The terms regulating the handling of personally identifiable and
other information in connection with the Website is described in our Privacy
Policy, which can be found at privacy.html.

Governing Law

You acknowledge and agree that this Agreement shall be governed by and construed in
accordance with the internal laws of the State of Colorado, excluding conflict
of laws provisions thereof that would indicate the application of the laws of
any other jurisdiction and you hereby submit to exclusive jurisdiction in the
federal and state courts of Colorado. You agree to receive service of process
through certified mail or by other means sanctioned by law, and you expressly
waive any claim of improper venue and any claim that such courts are an
inconvenient forum.

General

If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. You agree that this Agreement may be automatically
assigned by The Colorado Film Society, in its sole discretion, to a third party.
Section headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. Our failure to act
with respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. This Agreement, along with any other
terms and conditions regulating use of the Website, sets forth the entire
understanding and agreement between us with respect to the subject matter
hereof. The provisions of this Agreement and any ancillary terms and conditions
will survive termination or expiration to the extent necessary to carry out the
intentions of the parties.

Contact Us

If you have questions or concerns about the Colorado Film Society’s web site,
please contact our

Privacy and Terms Contact
or write to us at:

The Colorado Film Society
ATTN: Privacy and Terms Contact
1906 13th Street
Suite 301
Boulder, CO 80302