TERMS OF USE

1. Copyright

All content contained on the Website, including but not limited to video, clips, photographs, text, graphics, logos, icons, images and software (collectively, “Content”), is the property of Sonoma Film Society d|b|a Sonoma International Film Festival (“SIFF”) and is protected by U.S. and/or international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the Website is strictly prohibited; however, you may print copies of any Content or portion thereof contained on the Website for your personal use only. If you use material appearing on the Website contrary as set forth in the Agreement, you may be liable for infringement, misappropriation or other causes of action to the fullest extent of the law.

2. 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 SIFF (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.

3. Risk of Loss

You acknowledge and agree that your only remedy for failures, delays or interruptions with respect to the ordering of and delivery of passes, tickets or other special events or merchandise ordered by you through the Website is limited in scope and at the SIFF’s sole discretion. All purchases are FINAL and cannot be refunded, exchanged or credited for future use.

4. Disclaimers and Limitations of Liability

SIFF, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery. SIFF does not warrant that the information in this Site is accurate, reliable, complete or correct, or that this Site will be available at any particular time or location. Your use of the Site and the Content is on an “as is” and “as available” basis. In no event shall SIFF, its affiliates or their Related Persons be liable to any party for any claims, liabilities, losses, costs or damages under any theory, relating to your access to or use of (or inability to use) the Site or any Content therein. This is true even if SIFF, its affiliates or their Related Persons have been advised of the possibility of such damages or losses.

5. Indemnification

You agree to indemnify, hold harmless and, at SIFF’s option, defend SIFF from and against any losses, liabilities, costs (including reasonable attorneys’ fees and costs) or damages resulting from your use of the site in violation of the Terms of Use. You shall not settle any claim unless such settlement completely and forever releases SIFF from all liability with respect to such claim or unless SIFF provides its prior written consent to such settlement, and further provided that SIFF shall have the right, at its option, to defend itself against any such claim or to participate in the defense thereof by counsel of its own choice.

6. Privacy

SIFF 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 Policy

7. Registration and Passwords

In order to use the Site or certain parts of it, you may be required to register for a user account on this Site, and you agree to provide truthful information when requested. You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for the Site, and for logging off any protected areas of the Site when you finish a session. You should notify SIFF immediately if you become aware of the unauthorized use of your user account, username or password. You are responsible for all usage of your user account and/or user name. If you share your password with anyone, you assume all responsibility for that person’s activity related to the Site.

8. Other Websites and Third-Party Services

These Terms of Use apply only to the Site. If you visit any unaffiliated website linked to the Site (for example, Facebook, Twitter or other social media websites), you are subject to that website’s own Terms of Use, which we do not control or monitor. You should review the terms of use of all third-party websites before you visit them. SIFF makes no representations or warranties as to the terms of use, functioning or content of any websites linked to this Site. The goods and services of third parties may be advertised and/or may be made available on or through the Site. Your use of any products and services provided by third parties will be governed by the policies and representations made by those third parties. SIFF will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

9. International Use

This Site is intended for use by individuals in the United States. Despite the global nature of the Internet, SIFF makes no claims that the Site is appropriate or may be viewed or used outside the United States. Furthermore, our databases are located in the United States, and your data is stored in the United States. This Site is intended for use by individuals in the United States. By sending us your information, you consent to its transfer to and storage within the United States and its use in a manner consistent with these Terms of Use.

10. Governing Law | Venue

The laws of the State of California govern these Terms of Use and your use of this Site in all respects. Any dispute relating to these Terms of Use and your use of this Site shall be resolved solely in the state or federal courts located in San Francisco or Santa Rosa, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute, controversy or claim and agree to waive trial by jury in any such dispute. If any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable and all other terms of these Terms of Use shall remain in full force and effect.

11. Use of Name and Likeness

SIFF, its affiliates and their respective officers, directors, managers, partners, attendees (and accompanied minors), employees, affiliates, participating filmmakers and agents (collectively “Related Persons”) agree to grant SIFF and its affiliates and assigns, the right and permission to use in perpetuity, your name, likeness, image, voice, recorded voice, appearance, biographical information, statements, performance and/or testimonial(s) (collectively, “Appearance”) in any manner and in any media, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing the SIFF’s products and services, without review, permission or compensation of any amount or kind whatsoever. SIFF shall have complete ownership of any recording, product, copy, presentation or other material or file containing or featuring your Appearance (“Product”), including copyright interests, and you acknowledge you have no interest or ownership in the Product (or any portion thereof) or its copyright. This grant includes without limitation the right for SIFF to edit, abridge, augment, title, or create a compilation from your Appearance in whole or part as SIFF may elect in its sole discretion.

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