Last updated: Jan 1, 2021
Important. Read Carefully.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the site, with or without notice.
You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of any of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
1.0 Intellectual Property.
Subject to your compliance with the terms and conditions of this Agreement, Smokestack Films hereby grants You a non-exclusive, non-transferable, revocable, limited right to access, display and use the Site. The materials accessible on the Site, including without limitation, text, images, photographs and the general design of the Site (collectively, “Materials”), are protected by trade dress, copyright, patent, moral rights, trademark and other laws relating to intellectual property and other proprietary rights, and are solely and exclusively owned by Smokestack Films and its licensors, unless otherwise specified. The Materials may not, except under written license from an authorized representative of Smokestack Films (or other copyright holders of materials “used by permission” on the site), be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner whatsoever, except to the extent that such use is authorized under United States copyright and other relevant laws laws. You hereby acknowledge and agree that, by and between the You and Smokestack Films, Smokestack Films owns all right, title and interest in and to the Site and the Materials (or has the sole permission to display any copyrighted materials), and all rights in and to the Sites and the Materials not expressly granted in this Agreement are reserved to Smokestack Films and no additional licenses are granted or implied hereunder.
The trade names, trademarks and service marks owned by Smokestack Films, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Sites should be construed as granting, by implication, estoppels or otherwise, any license or right to use any of Smokestack Films trade names, trademarks or service marks without Smokestack Films’ express prior written consent.
2.0 Required Conduct.
Smokestack Films requires that You hereby agree to follow the following basic rules of conduct when using the Site:
You will not post, transmit, or otherwise make available, through or in connection with the Site:
Anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
You will follow the terms and conditions of this Agreement and all applicable laws, and You will not use the Site for any fraudulent or unlawful purpose.
You will only provide truthful and accurate information.
You will not interfere or interrupt, or attempt to interfere or interrupt, the operation of the Site in any way;
You will not impersonate any person or entity, or misrepresent a relationship with any person or entity, including without limitation, misrepresenting a relationship with Smokestack Films.
You will not post, transmit, or otherwise make available, through or in connection with the Site or email to Smokestack Films any content that contains any viruses, cancel bots, Trojan horses, or other harmful code designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
You will not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or the Materials;
You will not send, submit or otherwise post any work, idea, creative material, concept .or other information on or through the Site;
You will not search, mine or link any data or information to or through the Site without the prior written consent of a duly authorized representative of Smokestack Films;
You will not forge header information or otherwise manipulate identifiers in electronic communications to disguise the origin of any such communication sent to the Site;
You will not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site or any of the software used to provide the Site;
You will not obtain, collect, store or modify personal information about other users or visitors to the Site;
You will not restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site);
You will not use the Site to advertise or offer to sell or buy any goods or services without Smokestack Films’ express prior written consent;
You will not remove any copyright, trademark or other proprietary rights notices from the Site or materials originating from the Site;
You will not frame or mirror any part of the Site without Smokestack Films’ express prior written consent;
You will not create a database by systematically downloading and storing all or any of the Site’s content; and;
You will not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without Smokestack Films’ express prior, written consent.
If You violate any of the guidelines set forth above, or any other aspect of this Agreement, without limiting Smokestack Films’ other rights and remedies, Smokestack Films may immediately terminate this Agreement and your limited right to enter, display and use the Site without giving You any notice. Smokestack Films reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Smokestack Films may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
3.0 Passwords and Security.
You may choose or be given a user name and password to use in connection with the Site. With respect to any such user name that You choose, Smokestack Films may refuse to grant You, and You may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
You agree that You will not share your user name or password with any other person, and it is your sole responsibility to maintain and keep all user names and passwords confidential.
Furthermore, You are solely responsible for any and all activities that occur under your account, and hereby authorize Smokestack Films to assume that any activity conducted on the Site using your user name and password was conducted by You. You shall immediately notify Smokestack Films in writing of any unauthorized use of any account or any other breach of security. Smokestack Films reserves the right to monitor your account and shall have the right at any time, with or without prior notice to You, to require You to change your user name or password for any or no reason.
4.0 Unsolicited Submissions.
Smokestack Films does not accept unsolicited submissions of any work, idea, creative material, concept, or other information, and Smokestack Films assumes no obligation, either express or implied, with respect to any work, idea, creative material, concept, or other information submitted by You. In the event that You submit any work, idea, creative material, concept, or other information to Smokestack Films in violation of the previous sentence (each, an “Unsolicited Submission”), You hereby grant to Smokestack Films the free and unfettered, worldwide, non-exclusive, sublicenseable (through multiple tiers of sublicensees), assignable (in whole or in part, including sub-assignments), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import and use and exploit in any way your Unsolicited Submission in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to You or any provider, author, or owner of the Unsolicited Submission. No Unsolicited Submission shall be subject Smokestack Films to any obligation of any kind, including without limitation, confidentiality, attribution, compensation, or otherwise, and Smokestack Films shall not be liable for any exploitation, use, or disclosure of any Unsolicited Submission. You hereby agree that no confidential or fiduciary relationship is intended or created by reason of the submission of any Unsolicited Submission by You. You hereby release Smokestack Films and its respective officers, directors, employees, agents, successors, licensees, distributors and assigns, to the maximum extent allowable by law, of and from, and irrevocably waive, any and all claims, costs, demands, liabilities, fees, penalties and other expenses of any kind whatsoever, known or unknown, that may exist or arise relating to, arising out of, or in connection with the Unsolicited Submission and/or Smokestack Films’ use or disclosure of the Unsolicited Submission.
6.0 Links to Other Sites.
Smokestack Films may provide links from or to other web sites maintained by third parties. Smokestack Films has not reviewed or endorsed these linked web sites, and You hereby acknowledge and agree that Smokestack Films shall not be responsible for the content, products, or services offered on such web sites. To the extent applicable, You are responsible for compliance with all applicable laws regarding content, products, or services obtained from the Sites or any linked web sites. You acknowledge and agree that Smokestack Films does not endorse such sites, and Smokestack Films is not and shall not be responsible or liable for any links from those sites to a Site, any content, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
7.0 Equal Employment Opportunity Commission Statement.
Smokestack Films provides equal opportunity to all employees and applicants without regard to race, color, religion, age, ancestry, gender, sexual orientation, national origin, physical or mental disability, veteran status, marital status, or any other characteristic protected by applicable law.
8.0 No Employment Guarantee.
By permitting You to use the Site or email information to Smokestack Films, Smokestack Films makes no guarantee or promise that You will be granted an interview, achieve job placement, that any employment or position is available, or that You will be placed in a job of your preference.
9.0 Portfolio/Reel/Script Submissions Specifically Requested by Smokestack Films.
Smokestack Films may specifically request that You submit your portfolio, reel, script, or other work (each, your “Works”) for consideration of employment. In the event that You submit your Works as requested, You hereby acknowledge and agree that You will not receive any compensation for submitting your Works; that You are submitting the Works voluntarily (and not in confidence or trust); that no confidential or fiduciary relationship is intended or created by reason of the submission of the Works or otherwise; and that the Works (and any individual element in the Works) may be identical with or similar to material that is or may be in development at Smokestack Films. You agree that You understand that the purpose of this policy and these terms is to avoid the possibility of future misunderstandings or disputes when projects developed independently by Smokestack Films might appear to be similar to others’ creative works.
Nothing herein, or the submission of the Works, shall place Smokestack Films in any different position from any other member of the public with respect to the Works. Accordingly, any part of the Works that could be freely used by a member of the public may be used by Smokestack Films without liability to You or any third-party claiming rights from or through You. You hereby acknowledge and agree that Smokestack Films’ use of material similar to or identical with the Works, or containing features or elements similar to or identical with those contained in the Works, shall not obligate Smokestack Films to negotiate with You, nor entitle You to any compensation or other entitlement, if Smokestack Films determines, in its sole and absolute discretion, that Smokestack Films has an independent legal right to use such other material (for example, because such features or elements were not new or novel, were not originated by You, or were or may hereafter be independently created by or submitted to Smokestack Films).
Without limiting the foregoing, You hereby release Smokestack Films and its subsidiaries, affiliates and related entities, and their respective officers, directors, employees, agents, successors and assigns, to the maximum extent allowable by law, of and from any and all claims, losses, damages, costs, demands, liabilities, fees, penalties and other expenses of every kind whatsoever, known or unknown, that may exist or arise in relation to or in connection with the Works by reason of any claim now or hereafter made by or through You or on your behalf (even though You realize that such might be based on facts or circumstances not now known or suspected by You to exist, which if known or suspected, would have materially affected Smokestack Films decision to read or consider the Works).
Smokestack Films has no obligation to read or consider the Works or to return the Works to You. You assume full responsibility for any loss of the Works for any reason while in Smokestack Films’ possession or otherwise.
10.0 No Representations and Warranties.
THE SITE AND THE MATERIALS ARE PROVIDED TO YOU “AS-IS” WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE, OR PROMISE OF ANY KIND WHATSOEVER, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOUR USE OF THE SITE AND THE MATERIALS IS AT YOUR OWN RISK. ALTHOUGH Smokestack Films STRIVES TO KEEP THE SITE AND THE MATERIALS UP-TO-DATE, THEY MAY CONTAIN INACCURATE, INCOMPLETE, OR OUT-OF-DATE INFORMATION. Smokestack Films ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS ON THE SITE OR IN THE MATERIALS, AND MAKES NO COMMITMENT TO UPDATE SUCH INFORMATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS SHALL BE TO DISCONTINUE USING THE SITES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT Smokestack Films SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES, OR OTHER EXPENSES OF ANY KIND RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH THE SITES OR THE MATERIALS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.0 Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY RELEASE Smokestack Films, ITS SUBSIDIARIES, AFFILIATES AND RELATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, OF AND FROM, AND IRREVOCABLY WAIVE, ANY AND ALL CLAIMS (INCLUDING WITHOUT LIMITATION, CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ACTUAL ATTORNEYS’ FEES AND COSTS, AND CLAIMS FOR INTEREST), EVEN IF Smokestack Films IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY), YOUR USE OF (OR INABILITY TO USE) ANY OF THE SITES OR THE MATERIALS, YOUR VIOLATION OF THIS AGREEMENT, OR THE VIOLATION OF THE RIGHTS OF ANY THIRD-PARTY.
IN NO EVENT SHALL Smokestack Films TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, AND/OR THE MATERIALS, EXCEED FIVE UNITED STATES DOLLARS (US $5.00).
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THE SITE AND AGREE TO INDEMNIFY, DEFEND AND HOLD Smokestack Films ITS SUBSIDIARIES, AFFILIATES AND RELATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES, OR OTHER EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, ACTUAL ATTORNEYS’ FEES AND COSTS AND CLAIMS FOR INTEREST) THAT Smokestack Films MAY INCUR IN CONNECTION WITH ANY THIRD-PARTY CLAIM RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF ANY OF THE SITE OR THE MATERIALS, YOUR VIOLATION OF THIS AGREEMENT, OR THE VIOLATION OF THE RIGHTS OF ANY THIRD-PARTY.
13.0 Governing Law.
The laws of the State of New York, without reference to any choice of law provisions, shall govern any claims related to, arising out of, or in connection with any use of the Site or the Materials. You and Smokestack Films hereby expressly and irrevocably consent to the exclusive personal jurisdiction and venue of Westchester County, New York for any claim arising out of, related to, or in connection with this Agreement, the Sites or the Materials.
14.0 Jurisdictional Issues.
The Site is controlled and operated by Smokestack Films from the United States, and is not intended to subject Smokestack Films to the laws or jurisdiction of any state, country or territory other than that of the United States. Smokestack Films does not represent or warrant that the Sites or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Sites’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, Smokestack Films shall add as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provisions as may be possible to be valid and enforceable.
16.0 No Injunctive Relief.
You hereby irrevocably waive any right to seek and/or obtain rescission, equitable and/or injunctive relief related to Smokestack Films’ or any of its subsidiaries’, affiliates’, or related entities’ production, distribution, license and/or exploitation of any of their motion pictures, television shows, commercials and/or other content; and your exclusive remedy in connection therewith shall be an action for damages.
17.0 Independent Contractors.
You and Smokestack Films are independent contractors and are not and shall not be deemed to be the legal representative or agent of the other for any purpose whatsoever, and neither You nor Smokestack Films is authorized by the other to transact business, incur obligations (either express or implied), bill goods, or otherwise act in any manner, in the name or on behalf of the other, or to make any representation, warranty, guarantee or other promise in the name or on behalf of the other, except as expressly permitted in this Agreement.
18.0 Entire Agreement.
This Agreement constitutes the entire agreement by and between You and Smokestack Films pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of You and Smokestack Films. This Agreement may not be amended, nor any obligation waived. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision hereof.
This Agreement can be terminated at any time by Smokestack Films for any or no reason whatsoever with or without prior notice to You. In the event that Smokestack Films terminates this Agreement, your limited right to enter, display and use the Site and the Materials shall immediately terminate, and Smokestack Films may immediately deactivate or delete your password and user name (if any), and all related information and files associated with them, and/or bar any further access to such information or files. You agree that Smokestack Films shall not be liable to You or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to You after any such termination.
20.0 Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials available on the Site infringe your copyright, You (or your agent) may send Smokestack Films a notice requesting that Smokestack Films remove the material or block access to it. If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, the DMCA permits You to send Smokestack Films a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent via email to email@example.com
We suggest that You consult your legal advisor before filing a notice or counter-notice.