Providing service and support to film and television musicians.
Providing service and support to film and television musicians.
This Terms of Use Agreement ("Agreement") is an agreement between you ("you" or "user") and the Film Musicians Secondary Markets Fund and its Live Television Videotape Supplemental Markets Sub-fund (collectively "FMSMF"). The terms "FMSMF", "we," " us," and "our" refer to the Film Musicians Secondary Markets Fund and its Live Television Videotape Supplemental Markets Sub-fund. The Agreement governs your access and use of fmsmf.org and ltvf.org, and its web pages, interactive features such as Account Access, applications, and respective contents, whether accessed via computer, mobile device or other technology (collectively, the " Services"). When you use the Services, you agree to the terms and conditions that follow. If you do not agree to these terms and conditions, you should immediately cease use of the Services.
If you are under the age of eighteen (18), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement or participate in these Services and fulfill the obligations set forth in this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES.
FMSMF reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. The "Last Updated" date at the top of this Agreement indicates when the latest modifications were made. Please review the terms and conditions periodically. Your continued use of the Services following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
In addition to these terms and conditions, please review FMSMF's Privacy Policy, which also governs your use of the Services, and is incorporated herein by reference. The Privacy Policy can be found HERE .
The Services (including all content and features) ("Content") are the property of FMSMF or its licensors and are protected by copyright, trademark, and other laws of the United States and other countries. You will not obtain any ownership interest in the Content or the Services through this Agreement or otherwise. Absent FMSMF's express written consent, no portion of the Content may be used for any purpose other than personal, noncommercial use and all users must maintain all copyright and other notices contained in such Content. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of the Content via a third-party website) without the express prior written consent of FMSMF. The foregoing prohibition includes, but is not limited to, the practice of embedding FMSMF and LTVF website pages (or parts thereof) in "frames" or other pages offered from other sites, and "mirroring" Content from the Services on a server other than that operated by FMSMF. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content in any way at any time. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
The Services include links to other sites operated by third parties. The appearance of these links does not constitute endorsement by FMSMF, its officers or directors, of the opinions or views expressed by these linked sites and FMSMF does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, FMSMF is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither FMSMF nor its officers or directors, will be responsible for any errors or omissions or for the results obtained from the use of the information contained in these sites. To the extent that these sites collect personal information or postings from end users, be advised that in no event shall FMSMF assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from the use and/or appearance of the information on these sites. Additionally, you should consult these other sites' privacy policies regarding their use of your information.
In addition to the terms and conditions set forth in this Agreement, if you enroll in the Account Access service, the terms and conditions in this paragraph also shall apply. For FMSMF sites or applications that require a user-created login ID and password, you should take reasonable efforts to create a password that is difficult for others to guess. Also, you should protect this information, keep it confidential and not share it with others. Each user should have his/her own login ID and password. Shared login credentials between users is not permitted.
To view information on our Personal Data and Usage Data collection and use policies, please refer to our Privacy Policy, which is incorporated herein by reference and can be found HERE.
We reserve the right to terminate or suspend your access to your account and all or part of the Services, without notice, for any conduct that FMSMF, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user of FMSMF. You have the right to cancel your account at any time. To do so please reach out to Participant Services at participantservices@fmsmf.org.
Your use of the Services is at your sole risk. FMSMF provides the Services on an "as is" and "as available" basis. FMSMF reserves the right to restrict or terminate your access to the Services at any time. The material contained on the Services is subject to change without notice. FMSMF makes no warranties, express or implied, and specifically disclaims all warranties of any kind, including any warranty of merchantability, fitness for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. Further, FMSMF does not warrant that access to or use of the Services will be uninterrupted or error-free, that defects will be corrected, that the Services or the server that makes it available are free of viruses or other harmful components or that information accessible via the Services will be complete, accurate, or timely. To the fullest extent permissible under applicable law, you understand and agree that FMSMF shall not be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from your use or inability to use the Services or from any actions FMSMF takes or fails to take as a result of electronic mail messages you send FMSMF. These include damages relating to errors, omissions, down time, interruptions, defects, delays, computer viruses, and your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if FMSMF or its representatives have been negligent or have been advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless FMSMF against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of the Services, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Services.
If you provide information on the Services, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services. If you provide any information that is false, inaccurate, outdated or incomplete, or FMSMF has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, FMSMF has the right to suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you.
You agree to maintain and update the information about yourself as appropriate so that it remains accurate and current.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services. You agree not to use the Services in any manner that interferes with its normal operation, its availability, or with any other user's use and enjoyment of the Services.
You agree not to upload, store, copy, transmit, or link to any software viruses, corrupted files, Trojan horses, spyware, malware, or other form of malicious software and content to FMSMF and LTVF websites, servers, and IT infrastructure.
You agree not to take any action that puts unreasonably or significantly large amounts of data or network traffic load on the FMSMF IT infrastructure or disrupts the functioning of FMSMF systems or services.
You agree not to upload, transmit, or link to sexually explicit material.
You agree not to systematically or automatically collect, scrape, harvest, or use other means to copy data from the FMSMF and LTVF websites without permission from FMSMF.
FMSMF makes no representation that Content contained on the Services are appropriate for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Services and reside outside of the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not FMSMF, are responsible for compliance with applicable local laws.
This Agreement is effective unless and until terminated by either you or FMSMF. You may terminate this Agreement at any time, provided that you discontinue any further use of the Services. FMSMF also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Services, for any reason, including without limitation, if in FMSMF's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user of FMSMF.
FMSMF reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that FMSMF shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
Sections entitled Ownership of Intellectual Property; Disclaimers and Limitations of Liability; Indemnification; Service Usage, Termination of Usage; Applicable Law & Jurisdiction; and Miscellaneous shall survive any termination of this Agreement.
You agree not to attempt to access another FMSMF user's login credentials, data, or account without the other user's permission.
You agree not to attempt to mask or forge your IP address, headers, identifiers, or other data to disguise or hide the origin of your network connection or user account and actions.
You agree you will be liable and responsible for any cost or damages suffered by FMSMF resulting from your breach of this Agreement,
(a) The Services are controlled and operated by FMSMF from within the United States of America. FMSMF makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
(b) This Agreement shall be governed by the laws of the United States and the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strict liability, statutory liability, or other claims) must be resolved exclusively by a court of competent jurisdiction, federal or state, located in the State of California, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.
If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. All remedies whatsoever available are cumulative and non-exclusive. No waiver or failure to require performance in any instance shall act as a waiver or bar in any subsequent or other instance.
This Agreement, including FMSMF's Privacy Policy and other policies incorporated herein, constitutes the entire Agreement between FMSMF and each user of the Services with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or will be forever barred. The "Disclaimers and Limitation of Liability" provisions of this Agreement are for the benefit of FMSMF, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
If you have any questions about this Agreement, please contact FMSMF as follows:
By E-mail:
By Mail:
FMSMF
15910 Ventura Boulevard, 9th Floor
Encino, CA 91436
For more information regarding FMSMF, please refer to www.fmsmf.org.