This page states the "Terms of Use" under which You may use Reel-Exchange.com, an on-line business-to-business site designed to connect film and video professionals with potential clients and collaborators ("Reel-Exchange.com" or "Web Site").
Terms of Agreement: These Terms of Use include the Penton Media, Inc. Privacy Statement, which is incorporated into these Terms of Use by reference. All accounts on our network are subject to these Terms of Use. This includes all listings with or without demo reels, and any other piece of information placed on our network. Placing content on our network ("User Content") is an acknowledgement that You have read, understand, and agree to be bound by these Terms of Use as well as the Penton Media, Inc. Privacy Statement.
Penton Media, Inc. ("Penton," "Reel Exchange" or the "Company") may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Web Site for any reason.
Use of Content: The Company authorizes You to view and access the content available on or from Reel-Exchange.com solely for your personal use. The contents of Reel-Exchange.com, and of all other websites under the Company's control, whether partial or otherwise (Reel-Exchange.com and such other websites are sometimes collectively referred to as "Penton Sites") such as text, graphics, images, logos, button icons, software and other Penton Content (collectively, "Penton Content"), are protected under both United States and foreign copyright, trademark and other laws. All Penton Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Penton Sites are the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Penton Content may violate copyright, trademark, and other laws. You may not sell or modify the Penton Content or reproduce, display, publicly perform, distribute, or otherwise use the Penton Content in any way for any public or commercial purpose. The use of the Penton Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate any Penton Content or the pages making up any Penton Site, which is also protected by the Company's copyright.
Site Restrictions: Users are prohibited from violating or attempting to violate the security of any Penton Site, including, without limitation, the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Penton Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Registration Information: When You register with Reel-Exchange.com, You will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the Terms of Use and any privacy policy applicable to any Penton Web Site, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.
By posting User Content to Reel-Exchange.com, You automatically grant, and You represent and warrant that You have the right to grant, to Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content. Content Policy: Users may not use any Penton Site in order to transmit, distribute, store or destroy material, including without limitation Penton Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
The Company acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, the Company may review and delete any User Content that, in its sole judgment, violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of any Penton Site. The Company reserves the right to expel Users and prevent their further access to Reel-Exchange.com for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive. The Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
The following is a partial list of User Content that is prohibited on Reel-Exchange.com. The list below is for illustration only and is not a complete list of all prohibited User Content:
Penton reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the Web Site and/or terminating the offending User's ability to access the Web Site.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
If notified by a User of communications which allegedly do not conform to these Terms of Use, the Company may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. The Company has no liability or responsibility to Users for performance or nonperformance of such activities.
Refusal or Discontinuation of Services: Company reserves the right to refuse or discontinue service to anyone at Company's sole discretion. Company shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Company has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms of Use. For paid members, Company also reserves the right to refuse refunds in cases where Company believes abuse has taken place.
Indemnification Policy: You agree to indemnify, defend, and hold harmless Company from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from Your use of the service which damages either You, Company, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with Your account, including but not limited to personal information and reel content.
No Warranties: Company makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Company or its agents or employees shall create a warranty. Company provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Company be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from Your use of or inability to use the service, or for third parties' use of the service to access Your web space, reel, or to access the Internet or any part thereof, or Your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If You are dissatisfied with Company's service or any of its terms, conditions, rules, policies, guidelines, or practices, Your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Reel-Exchange.com that such information becomes available to all Internet users and that Company has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for Your use of Reel-Exchange.com and the Internet. It is solely Your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Company.
Your use of the service is at Your sole risk. Company is not responsible for files and data residing on Your account
Limitation of Liability: PENTON'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY PENTON SITE OR YOUR USE OF THE PENTON CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or Your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in New York County, New York, and You consent to the jurisdiction of such courts.
