Effective as of November 1, 2021

• Welcome and thank you for visiting BLACKTVFILMCOLLECTIVE.ORG (the “Site”), a website operated by Black TV & Film Collective, Inc. (“BTFC”). By accessing or using any Service (as defined below) and/or Content (as defined below) provided by or through the Site, you accept and agree to be legally bound by and comply with all of the following (collectively these “Terms”):
• (a) the terms and conditions set forth below;
• (b) the Site Privacy Policy, which can be found at https://www.blacktvfilmcollective.org/privacy-policy.
• As used herein, the term “Service” or “Services” means any and all Internet-related services and software provided by or through the Site, such as bulletin boards; the term “Content” means any and all information, data, material, text, images, video, audio, and software provided by or through the Site; and the term “User” or “Users” means any person who accesses or uses any Service or Content.
• If you do not agree to any provision of these Terms, please do not access or use any Service or Content. BTFC reserves the right, at its sole discretion, to update or revise these Terms. Please check these Terms regularly. Your continued use of any Content or Service following the posting of any changes to these Terms constitutes your acceptance of such changes.
• Any violation of these Terms may result in civil or criminal liability, and BTFC may, in addition to any remedy that it may have at law or in equity, immediately terminate permission for any User or, if necessary, for all Users to use the Service. BTFC reserves the right to terminate or move material, information, messages or communications that, in BTFC’s sole discretion, may be illegal, or that may subject BTFC to liability or that may violate these Terms.
• BTFC may investigate any suspected or alleged violation of these Terms and cooperate with the law, law enforcement authorities and/or third parties in such investigation.

1. Payments and Cancellations.
   1. Billing. You may purchase a membership with BTFC on the Site either by paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. BTFC may change the membership price, including recurring subscription fees (for periods not yet paid) from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with a price change, you have the right to object the change by unsubscribing from the paid membership prior to the price change going into effect and your membership will be cancelled the day after the last day of the current subscription period.
   2. Renewal; Cancellation. Your payment to BTFC through which you purchased the paid membership will automatically renew at the end of the applicable subscription period, unless you cancel your paid membership before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.

2. Prohibited Use. BTFC does not permit or tolerate any illegal, abusive, harmful or improper use of the Services or any use of the Services that interferes with other Users’ enjoyment of the Services. If you believe that you have been a victim of any such conduct that is described below, please email to [email protected]. Without limiting the generality of the foregoing, and except as expressly permitted in these Terms, BTFC specifically prohibits the following activities:
   1. Collecting, storing, posting, transmitting or soliciting any unlawful, harassing, threatening, abusive, defamatory, libelous, slanderous, scandalous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, profane, racist, discriminating or otherwise objectionable or offensive material, information, message or communication;
   2. Collecting, storing, posting, transmitting or soliciting any material, information, message or communication that would infringe or violate any patent, copyright, trademark, trade secret or other intellectual property right of any person;
   3. Collecting, storing, posting, transmitting or soliciting any material, information, message or communication that violates, or may give rise to criminal or civil liability under any federal, state, local, national or international law, including, without limitation, the U.S. export control laws and regulations, and the Computer Fraud and Abuse Act;
   4. Collecting, storing, posting, transmitting or soliciting personal information (including, without limitation, biographical, residential, social, marital, occupational, financial, and health information) about other Users without their knowledge or consent;
   5. Copying, modifying, selling, distributing, disseminating, transmitting, translating, reverse-engineering, decompiling or disassembling the Service or any portion thereof, or disclose the Service or any underlying information or technology to any third party;
   6. Collecting, storing, posting, transmitting or soliciting personal information about children under the age of 13;
   7. Collecting, posting, transmitting or soliciting harmful computer software viruses, codes, files or programs;
   8. Falsifying User information;
   9. Making fraudulent offers to sell or purchase, or conducting any type of financial scam such as “pyramid schemes,” “ponzi schemes,” or “chain letters”;
   10. Sending email with charity requests, petitions for signatures, or any chain mail related materials, other than for donations for causes that have been pre-approved by BTFC.
   11. Sending unsolicited email that could be expected, in BTFC’s sole discretion, to provoke complaints;
   12. Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email;
   13. Forging email headers, using invalid or non-existent domain names or other means of deceptive addressing in email;
   14. Relaying email in an anonymous fashion, relaying email from any third party’s mail servers without that third party’s permission, or using similar techniques to hide or obscure the source of the email;
   15. Adding, removing or modifying identifiable network header information in an effort to deceive or mislead;
   16. Impersonating or attempting to impersonate any person by using forged headers or other identifying information;
   17. Doing or attempting to do anything that adversely affects the ability of other Users to use the Services or the Internet, including, without limitation, “denial of service” attacks against another system or network host or another User;
   18. Hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network;
   19. Bypassing, disabling, deactivating or rendering ineffective any protection or security scheme or program contained in any Service.
   20. Without permission from the owner or host of a system or network, doing or attempting to do any of the following: accessing the system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of the system or network, or breaching the security or authentication routines of the system or network;
   21. Downloading, installing, using, exporting or re-export any Service or any underlying information or technology except in full compliance with all U.S. export control laws and regulations;
   22. Reselling or attempting to resell any Service without BTFC’s prior authorization;
   23. Using any Service to violate another Internet service provider’s acceptable use policy and/or terms of service; and
   24. Any other uses of any Service that BTFC determines, in its sole discretion, are illegal, abusive, harmful or improper.

3. Proprietary Rights. All rights, title and interest in and to all Content and Services, including, without limitation, any copyrights and other intellectual property rights, shall remain with BTFC and/or its licensors. Except as expressly authorized by BTFC, you may not copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit any Content or Service for any purposes, by any means or in any media other than printing or downloading. Without limiting the foregoing, you may print, download or copy certain Content and use the Services for your personal, non-commercial use ONLY, provided that you must keep intact all copyright, trademark, service mark and other proprietary rights notices contained in or accompanying such Content or Service; and when expressly authorized by BTFC. The systematic retrieval of any Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the prior written permission of BTFC is prohibited. In addition, use of any Content or Service for any purpose not expressly permitted in this Policy is prohibited.

4. The Site Privacy Policy governs any information you submit via the Site and is incorporated by reference into these Terms. All other policies posted on the Site by BTFC are also incorporated into these Terms by reference. Each reference to these Terms herein includes reference to the Privacy Policy and all other policies posted on the Site. You shall comply with these policies when accessing or using the Site.

5. Cessation of Service; Termination. BTFC reserves the right to modify, terminate and suspend the operation of the Site, as well as the provision of any or all Services or Content via the Site, without notice or liability, at any time and for any or no reason in its sole and absolute discretion. The rights granted to you herein shall terminate immediately upon any violation of these Terms, without prejudice to any other rights or remedies of BTFC. BTFC reserves the right to terminate your access to and use of the Site at any time for any reason without notice or liability to you or any third party.

6. BTFC Service Marks. “BTFC Service Marks” means all names, marks, brands, logos, designs, trade dress and other designations that BTFC uses in connection with the Site. You may make reference to BTFC Service Marks, but only if your reference is truthful and not misleading and complies with the then current BTFC Service Marks policies. You may not remove or alter any BTFC Service Marks. You acknowledge BTFC’s rights in BTFC Service Marks and agree that any and all use of BTFC Service Marks shall inure to the sole benefit of BTFC. You agree not to incorporate any BTFC Service Marks into your marks, names, logos, domain names, links or designations.

7. Third Party Sites. BTFC provides links to third party sites for your convenience only. BTFC does not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any information or material contained in such third party sites. You acknowledge that you access and use such third party sites solely at your own risk. You agree that under no circumstances will BTFC be liable in any way for any information or material contained in any third party sites linked to or from its site. BTFC is not responsible for any errors or omissions therein, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any information or material contained in such third party sites. You should contact the administrator of those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of third-party sites and applications may be subject to third-party terms of use, privacy policies and license terms, which you are encouraged to review.

8. Third Party Marks. All other trademarks and service marks appearing on the Site are the property of their respective owners.

9. Postings or submissions by Users.
   1. By posting or submitting any material to the Site, you grant to BTFC and its parents, subsidiaries, affiliates and licensees the right to use, copy, reproduce, display, distribute for evaluation and review the material consistent with the screenplay submission policy hereof and to allow BTFC to promote your membership herein (but not your submitted material) worldwide in any media.
   2. You agree that you will be solely responsible for any material posted or submitted by you. You acknowledge that when you submit information about yourself to the public areas of the Site, your information may be seen and used by any other visitor to such public areas and BTFC cannot monitor nor be responsible to you or any third parties as a result of such uses.
   3. You hereby represent and warrant that you own or otherwise control all of the rights to any material posted or submitted by you and that no use of such material by BTFC will infringe or violate any rights of any third party.
   4. BTFC reserves the right, at any time and in its sole discretion, to remove or block, disable or deny access to edit or modify any material posted or submitted by you.

10. DISCLAIMER OF WARRANTIES. ALL SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, ALL SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BLACKTVFILMCOLLECTIVE.ORG DOES NOT WARRANT OR GUARANTEE THAT ALL CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT ALL SERVICES AND CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF ANY SERVICE OR CONTENT IS ENTIRELY AT YOUR OWN RISK. PROTECTING THE SECURITY OF YOUR PERSONAL INFORMATION THAT YOU SHARE WITH BTFC IS OF THE UTMOST IMPORTANCE TO BTFC. UNFORTUNATELY, HOWEVER, NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE 100% SECURE. AS A RESULT, WHILE BTFC STRIVES TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO OR FROM OUR SITE, AND YOU DO SO AT YOUR OWN RISK.

11. Limitation of Liability. IN NO EVENT SHALL BTFC OR ANY OF ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS, GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH YOUR USE OR THE MISUSE (BY YOU OR OTHERS) OF ANY SERVICE OR CONTENT, REGARDLESS OF WHETHER OR NOT BTFC OR ANY OF ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, IN ANY EVENT, BTFC’S AND ITS SUBCONTRACTOR’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF OR INABILITY TO USE ANY SERVICE OR CONTENT SHALL NOT EXCEED THE AMOUNT OF US $25.00 OR ITS EQUIVALENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Indemnification of BTFC. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD BTFC AND ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS AND SUBCONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH YOUR USE OR MISUSE OF ANY SERVICE OR CONTENT OR YOUR VIOLATION OF ANY PROVISION OF THESE TERMS. BTFC RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH BTFC IN ASSERTING ANY AVAILABLE DEFENSES. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.

13. International Use. BTFC makes no representation or warranty that all Services and Content are appropriate or available for use in locations outside the United States. Accessing any Service or Content from territories in which such Service or Content is illegal is prohibited. You agree that if you choose to access any Service or Content from any locations outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.

14. Use of Software. The use of any software provided on the Site (“Software”) is subject to the following additional terms and conditions: (a) by installing, downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; and (b) you acknowledge that BTFC provides no assistance, including any technical or customer support, in the use of the Software and your use of the Software is at your own risk.

15. Governing Law; Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its choice of law rules. Any action claim or proceeding arising out of or relating to the Site or these Terms shall be brought in the appropriate court located in New York County, New York. You hereby consent to the exclusive jurisdiction of such court in any such action, claim or proceeding and submit yourself to such jurisdiction.

16. Entire Agreement. These Terms contain the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior and contemporaneous representations, promises, agreements and understandings, whether oral or written, between the parties concerning the subject matter hereof. You may from time to time enter into binding legal agreements relating to certain products or services available through the Site, which may have terms that are different from those of these Terms. In the event of any inconsistency, the terms of such other agreement shall control with respect to such products or services.

17. Waiver; Severability. Any waiver of any provision of these Terms shall be effective only if in writing and signed by BTFC. Any failure to enforce any provision of these Terms shall not constitute a waiver of a future breach of that or any other provision of these Terms. If any provision of these Terms is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.

Copyright Notice

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