terms of use & user agreement


Hybrid Films™ Terms of Use and User Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.

1. Ownership of Site: Agreement to Terms of Use. These Terms and Conditions of Use (the “Terms of Use”) apply to the website located at www.hybridfilms.tv (the “Site”). The Site is the property of HYBRID FILMS, INC. (“Hybrid,” “we,” “us,” or “our”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. These Terms of Use constitute a legally binding agreement between you and Hybrid. The Site may also contain links or references to additional rules, policies and terms which may apply to specific features or functions of the Site and when you use those features or functions, those rules, policies and terms will also apply to you and form a part of these terms and conditions, and consequently, your agreement with us.

Hybrid reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Once we post them on the Site, these changes become effective immediately, and your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Hybrid grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

The words “use” or “using” in this agreement mean any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites. This is the entire and exclusive agreement between you and us regarding your use of the Site and it cannot be modified, except as specifically described above.

2. Age Limitation on Users. This Site is offered and made available only to users 13 years of age or older. If you are not yet 13 years old please discontinue using the Site immediately.

3. Site Directed at United States Visitors. The Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations and warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so on their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

4. User Conduct. As a member of the Hybrid community, you are expected to treat other users with the same level of respect you would like yourself. Hybrid will enforce banning users and deleting topics when conduct becomes abusive or disruptive to the community. Users caught attempting to disrupt the Site via hacking or any programming means will be prosecuted with any and all legal measures available to Hybrid.

5. Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, video, artwork and computer code (collectively, “Content”), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Site is owned or controlled by Hybrid, its subsidiaries, affiliates, licensors or suppliers, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Site” includes “Content” as well.

The Site is to be used solely for your noncommercial and personal use and for no other purpose. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you download, transmit, print or reproduce from the Site. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be used to create a derivative work, copied, reproduced, republished, uploaded, modified, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Hybrid’s express prior written consent.

Any unauthorized or prohibited use of any Content may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others.

6. Your Privacy. Hybrid respects your privacy and the use and protection of your personal information. Hybrid’s Privacy Policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Hybrid’s Privacy Policy, click here. In the event that you elect to provide us with personal information (to join our mailing list, upload content or otherwise) (“User Information”), it is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to he Site may be read or intercepted by others.

7. Your Use of the Site. Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You shall not use this Site, or knowingly condone the use of this Site by others, in any manner that is, attempts to or is likely to:

  • be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may appear to impersonate anyone else;
  • affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with our Site;
  • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”;
  • be used for commercial or business purposes, including without limitation advertising, marketing or offering goods or services, whether or not for a charge or through linking with any other website or webpage;
  • transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information;
  • modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise;
  • collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express prior permission of such other person, firm or enterprise to do so;
  • use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
  • attempt to gain unauthorized access to any portion or feature of the Site, User Information or any other systems or networks connected to the Site or to any Hybrid server, or to any of the services offered on or through the Site, by hacking or any other illegitimate means or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this agreement;
  • use, or knowingly condone others to use, the Site or any Content for any purpose that is prohibited by these Terms of Use;
  • violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; or
  • violate or solicit others to violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise.

Doing any of these things will result in Hybrid banning you from the Site. Users like to share interesting links and this is not discouraged on the Site. However, we will not tolerate links to inappropriate sites containing pornographic material or any illegal activity.

8. Content Control. With the large amount of posts per day, it is impossible to monitor everything. Hybrid and its affiliates are not responsible for user messages or other related user content.

9. Postings. Portions of this Site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, Submissions (as defined below) or other information, messages, transmissions or material to us, the Site or others (“Post” or “Postings”). Postings are expected to be acceptable to general audiences and to stay within the genre of the discussion. Hybrid reserves the right to use any Postings on the Site as it sees fit, including editing said material or deleting it. Postings do not reflect the views of Hybrid or its affiliates. Hybrid and its affiliates shall not be liable for any Posting that is in violation of this agreement. In no event shall Hybrid have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to Hybrid to enforce the provisions of this agreement, including, without limitation, blocking specific IP addresses.

If a Posting originates from you or your account, you hereby agree that: (a) you are granting Hybrid an irrevocable, perpetual, worldwide, royalty-free and gratis license to edit, display, use, transmit, distribute, publish, reproduce and create derivative works based upon the content included in the Posting, in any and all media, now known or hereafter devised, alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright, right of publicity or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant Hybrid the right to use such Posting as described above; and (d) Hybrid has the right to delete, re-format and/or change your Posting in any manner that Hybrid may determine (although you will not be responsible for any changes made by Hybrid). Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

You acknowledge and agree that Hybrid may preserve any transmittal or communication by you with Hybrid through the Site or any service offered on or through the Site, and may also disclose such data to third parties if required to do so by law or Hybrid determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Hybrid, its employees, users of or visitors to the Site, and the public.

10. Submissions. You hereby acknowledge and agree that in the event that you elect to share an idea, proposal or video (your “Submission”), by submitting it through the Site your Submission shall be subject to the terms and conditions set forth in these Terms of Use. You herby further acknowledge and agree that:

  • you are making this submission voluntarily and that there does not now exist, nor has there ever existed, nor will there exist, a fiduciary relationship between you and Hybrid;
  • you warrant that you are the sole and exclusive creator, author and owner of the content contained in the Submission, and that no one else has any right to the content contained in the Submission;
  • you further warrant that the Submission does not infringe or violate any copyright, right of publicity or other right, or contain any matter the publication or sale of which would violate any federal or state statute or regulation;
  • you are granting Hybrid an irrevocable, perpetual, worldwide, royalty-free and gratis license to edit, display, use, transmit, distribute, publish, reproduce and create derivative works based upon the content included in the Submission, in any and all media, now known or hereafter devised, alone or together or as part of other information, content and/or material of any kind or nature;
  • you recognize that other persons, including Hybrid employees, may have submitted to Hybrid, or to others or made public, or may hereafter originate and submit or make public, similar or identical material that Hybrid shall have the right to use, and you understand and agree that Hybrid shall have no obligations to you whatsoever in connection with its use of such other similar or identical material;
  • you agree that no obligation of any kind on the part of Hybrid can be assumed or inferred from the fact that Hybrid accepts your submission, nor shall you assume or infer that Hybrid regards your Submission, or any part thereof, as novel, valuable or usable or that Hybrid will decide to use your Submission in any manner or include your Submission in any publication; and
  • these Terms of Use govern any and all submissions made directly or indirectly by another source by or through you.
  • you agree that you shall not have the right to terminate our use of any Submission or rescind the grant of rights hereunder and hereby waive any right to injunctive or other equitable relief.

11. Account Access. You agree that Hybrid may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site, with or without cause, including if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site, without any liability or further obligation of any kind whatsoever to you or any other party. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Hybrid, for which monetary damages would be inadequate, and you consent to Hybrid obtaining any injunctive or equitable relief that Hybrid deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Hybrid may have at law or in equity.

12. Other Terms and Conditions. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Hybrid’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Hybrid may make changes to any products or services offered on the Site, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Hybrid makes no commitment to update the materials on the Site with respect to such products and services.

13. Disclaimer of Warranties. You expressly understand and agree that:

Your use of the Site is at your sole risk. The Site and all Content; products, and Postings are provided on an “as is” and “as available” basis, Hybrid and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Hybrid makes no warranty that (i) the use of this Site will be uninterrupted, timely, secure, error-free, or free of malicious code, (ii) the results that may be obtained from the use of the service will be accurate or reliable, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, (iv) that your Content and/or Postings will not be lost, and (vi) any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Hybrid, our third party service providers, or through or from the Site will create any warranty not expressly stated in the Agreement.

14. Links to Other Sites and to the Hybrid Site. This Site may contain links or other forms of re-direction mechanisms leading to independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Hybrid’s control, and Hybrid and its affiliates are not responsible or liable to you for, and do not endorse the content or goods or services associated with, such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. If any Linked Sites obtain or collect personally identifiable information from you, in no event shall Hybrid assume or have any responsibility or liability. Please read our Privacy Policy which describes how Hybrid collects and uses your personal information.

15. Limitation of Liability. Except where prohibited by law, in no event will Hybrid or its affiliates or their respective officers, directors, employees, agents, licensors or suppliers be liable to you for any loss or damage, of any kind, direct or indirect, including, but not limited to, consequential, exemplary, incidental or punitive damages, or lost profits, even if Hybrid has been advised of the possibility of such damages.

You acknowledge and agree that Hybrid assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies; accordingly some of the exclusions and limitations described in this agreement may not apply to you.

16. Indemnity. You agree to indemnify, defend and hold Hybrid, its affiliates, and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from and against any demands, loss, liability, claims, actions, damages, costs or expenses (including attorneys’ fees), made against Hybrid by any third party due to or arising out of or in connection with your use of the Site. Hybrid reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Hybrid in the defense of any such claim, action, settlement or compromise negotiations, as requested by Hybrid.

17. Miscellaneous Terms; Governing Law; Dispute Resolution. The Site is operated by or on behalf of Hybrid and is intended solely and exclusively for users who are at least 13 years of age or older. This agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and Hybrid and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This agreement cannot be changed or terminated orally. If any provision of this agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.

No action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) to the extent allowable by law. This agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in New York County in the State of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree with us, to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

In the event of any controversy or dispute between Hybrid and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty [30] days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, OR WITH RESPECT TO YOUR USE OF THE SITE OR THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY TO THE EXTENT ALLOWED BY LAW.

18. Notice and Procedure for Making Claims of Copyright Infringement.

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Site should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Written notification must be submitted to the Designated Agent:

Service Provider(s): Hybrid Films, Inc.
Full Address of Designated Agent to Which Notification Should be Sent: Hybrid Films, Inc.
99 University Place, 10th Floor
New York, NY 10003
Email Address of Designated Agent: DMCA@hybridfilms.tv

 

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

  • An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work (or works) that you claim has been infringed;
  • A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted, the name, edition and pages of a book from which an excerpt was copied, etc);
  • A clear description of where the infringing material is located on our website, including, as applicable, its URL, so that we can locate the material;
  • Your address, telephone number, and email address;
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.