Welcome to this In The Zone Films LLC operated website or application (collectively “Website”). This Website is owned and operated by In The Zone Films LLC, LLC (“ITZF” or “we” or “us”).
BY USING OUR WEBSITE YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS OF USE (THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE AND ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL BE DEEMED ACCEPTANCE TO THOSE CHANGES.
Copyright, Trademark and Ownership
This Website and all the materials published or otherwise incorporated on this Website (“Content”), such as text, button icons, interfaces, images, software, illustrations, video clips, audio clips, and other video and audio files are owned exclusively by ITZF or by others that have licensed their materials to ITZF. The Content is therefore protected by copyright, trademark, trade dress or by other proprietary rights. You may not copy, download, upload, modify, reproduce, transmit, delete, add to, distribute in any way, or otherwise use for any purpose any of the Content except as stated in this Agreement, on this Website, or with the prior written consent of the owners of the Content.
All trademarks, service marks and trade names of ITZF used herein (including but not limited to: the ITZF name, the ITZF corporate logo, the ITZF design, and the logo) (collectively “Marks”) are trademarks or registered trademarks of ITZF or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without ITZF’s prior written consent.
Intellectual Property; License
The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Web Site (“Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and ITZF, ITZF will retain all right, title, and interest in and to the Web Site and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Web Site and Content.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in Section 4(a) or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Web Site or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Web Site or Content; license or sublicense any part of the Web Site or Content; or in any way exploit any part of the Web Site or Content. In addition, except as provided in Section 4(a) or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the video player (the “Video Player”), including but not limited to YouTube videos; any of the Video Player’s underlying technology; or any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Video Player in any manner that enables users to view Content without: (i) visibly displaying both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
a. Viral Distribution
We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups (defined below)). We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. You are expressly prohibited from using language such as “as seen on” or any other language that implies an endorsement by ITZF, Angel Guidance Worldwide LLC, or other talent appearing therein when redistributing Content. When expressly authorized by us in writing, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) disparages or presents ITZF or its affiliates in a negative or false light (ii) contains or hosts content that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, infringing, threatening, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable or (iii) links to infringing or unauthorized content, or any content described herein. You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. As determined by us in our sole discretion, we reserve the right to prevent embedding to any website or other location that we find inappropriate or otherwise objectionable as determined by us in our sole discretion.
b. Commercial Licenses
You must obtain our written permission for commercial use of the Content or the Web Site. If you wish to license Content from the Web Site, please contact us at email info@inthezonefilms.com.
Unsolicited Submissions
ITZF does not accept or consider unsolicited creative materials, ideas or suggestions either via this Website, email or any other means whatsoever. Submitting information and material to ITZF does not create a binding agreement and does not create a legal relationship. In order for ITZF to provide services a further written agreement is required. Notwithstanding, ITZF hereby discloses that it may have similar productions that have been independently created.
Casting Submissions
This Website may allow you to participate in the casting process for ITZF’s programming and this Website may collect personal information associated with casting of any and all media programming (“Casting Content”). Submitting Casting Content does not guarantee that you will be considered by ITZF or that you will appear on a ITZF program. ITZF has the right, but not the obligation, to use your name, image, likeness or other identifying information, if provided in connection with Casting Content, in connection with broadcast, print, online or other use or publication of your Casting Content. You are solely responsible for your Casting Content that you upload, publish, display, link to or otherwise make available (hereinafter, “send”) to ITZF. You hereby permit, license, and grant ITZF the right to publish the images on any social media or mediums in perpetuity for any purposes. You hereby represent and warrant that you have the rights and permissions to submit the material for ITZF consideration.
ITZF takes no responsibility and assumes no liability for any Casting Content that you send. ITZF has no control over whether such Casting Content is of a nature that may be unacceptable and, accordingly, ITZF expressly disclaims any responsibility for Casting Content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Casting Content that you send, upload, transmit, display, or otherwise make available to ITZF, is solely your responsibility. ITZF is not responsible for ITZF’s display, use, misuse or loss of your Casting Content. You understand and acknowledge that ITZF may use your Casting Content that may be inaccurate, infringing, offensive, indecent, or objectionable, and you agree that neither ITZF nor any of its affiliates shall be liable for any damages you, or anybody else, alleges to incur or actually incurs as a result of such Casting Content. Further, Users agree to hold free and clear of any liability and fully release ITZF from any and all claims of slander, libel, right of privacy, and right of publicity. By submitting Casting Content and all other material to ITZF, you hereby grant a license and express permission and consent to use your image and/or likeness in association with the ITZF website, promotions, and/or advertising. This also serves as your Release and Waiver of all alleged claims against ITZF and/or its affiliates for violation of rights, including but not limited to intellectual property rights, privacy rights, and/or publicity rights.
By sending any Casting Content to ITZF, you expressly grant, and you represent and warrant that you have the right to grant, to ITZF, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, incorporate into other works, and make derivative works of: (i) all such Casting Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with ITZF’s programming or any other use whatsoever and; (ii) your name, voice, and/or likeness as contained in your Casting Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with ITZF, ITZF’s programming or any other use whatsoever. For the avoidance of doubt, when you submit Casting Content through the website or third party software, you acknowledge that third parties, with the permission of ITZF, may use the Casting Content as described herein.
ITZF reserves all rights not expressly granted herein in and to the website.
Partner Sites/Linked Sites
Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations.
This Website may contain links to websites that are not owned, operated or controlled by ITZF or its affiliates.
All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
DISCLAIMER
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ITZF, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER ITZF, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitations of Liability
ITZF does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL ITZF, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
Indemnity
You agree to defend, indemnify and hold ITZF and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Website or the Internet or your placement or transmission of any information on this Website by you or your authorized users; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or
(iv) your violation of any law, rule or regulation of the United States or any other country.
Termination
We may suspend or terminate your use of this Website at any time, for any reason or for no reason. We may also block your access to our Website in the event that: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Privacy
Any personal or other information submitted by you to this Website is subject to our Privacy Policy.
Arbitration
Any controversies or disputes arising out of or relating to these Terms and Conditions or the use of the ITZF website or online properties shall be resolved by binding arbitration. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of the dispute. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of these Terms and Conditions or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations and rights pursuant to these Terms and Conditions. The prevailing party to said arbitration shall have their attorney fees and costs to conduct the arbitration paid by the opposing party.
General
Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the California, United States of America. You consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Web Site is controlled and operated by ITZF from its offices within the State of California, United States of America.
We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control. 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 and all incorporated agreements may be automatically assigned by ITZF in our sole discretion.