Terms of Use

These Terms and conditions of use (the "Terms") set forth the Terms on which American Film Archive provides you access to this web site ("Website"). You should read the Terms carefully before using the Website. By using the Website, you acknowledge that you have read and that you agree to abide by the Terms, including the privacy policy incorporated herein by reference. If at any time you no longer agree to be bound by these Terms, you should immediately ceases use of this Website.
 
This website is made available for educational purposes only, as well as to give general information and a general understanding of various issues, services and information about moving image preservation. It is NOT to provide specific advice. By using this website you understand there is no professional relationship between you and American Film Archive. You should NOT use this website as a substitute for competent professional advice from a qualified advisor or moving image preservation professional.
 
EXTERNAL LINKS DISCLAIMER
Some links in on American Film Archive's website point to documents and sites which are not located within the AmericanFilmArchive.org internet domain and, therefore, are not managed or controlled by American Film Archive. These links are included to point the reader to other possibly relevant resources.  A link to a document or site does not imply that American Film Archive endorses the organization or person providing them or agrees with the ideas expressed, or attests to the correctness, factuality, appropriateness, or legality of the contents.
 
DISCLAIMERS AND LIMITATION OF LIABILITY
Users of this Website expressly agrees that use of the Website is at the user's sole risk. Neither American Film Archive, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, warrant that the Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of Website.
 
While every effort has been made to ensure the accuracy of the information and material contained on the Website, American Film Archive, its directors, employees or agents assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided on the Website or service, or merchandise provided through the Website and does not accept any liability whatsoever arising from any errors or omissions.
 
THIS WEBSITE IS PROVIDED BY AMERICAN FILM ARCHIVE ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMERICAN FILM ARCHIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AMERICAN FILM ARCHIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMERICAN FILM ARCHIVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY AMERICAN FILM ARCHIVE NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
 
American Film Archive will accept no liability or responsibility for any loss or damage arising as a consequence of delayed delivery or non-delivery of orders. Under no circumstances shall American Film Archive, its suppliers or their respective directors, officers, employees or agents or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained from the Website or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to American Film Archive's records, programs, or services, whether or not damages are based on statute, contract, tort, or any other legal cause, and whether or not American Film Archive is advised of the possibility of such liabilities. Users of the Website hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the Website. Because some countries and states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries and states liability is limited to the fullest extent permitted by law.
 
Any rights not expressly granted herein are reserved.
 
COPYRIGHT AND PROPRIETARY RIGHTS
All information, including, without limitation the design of the Website, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML and other codes and scripts in any format used to implement, or featured on, the Website ('Content') are the property of American Film Archive. The overall design and appearance of this Website is the proprietary trade dress of American Film Archive.
 
All Content on the Website is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all trademarks, logos, page headers, custom graphics, service marks and trade names which American Film Archive uses in connection with the Website shall remain the exclusive property of American Film Archive. Nothing contained in the Terms shall be deemed to give you any rights in or to any intellectual property of American Film Archive.
 
COMMUNICATIONS PROVIDED BY USER
Any communication or material you transmit to the Website or by electronic mail, fax, phone or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit, send, post, communicate or mail may be used by American Film Archive or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. You also grant American Film Archive and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
 
WEBSITE CONTENTS
  
PRIVACY
American Film Archive agrees to adhere to all applicable United States federal and state laws, statutes, and regulations relating to the collection and use of personal information from Website visitors.
 
INDEMNIFICATION
You agree to defend, indemnify and hold American Film Archive harmless and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website.
 
CHOICE OF LAW
The Terms shall be governed by and construed in accordance with the laws of the State of Oregon, United States of America, without regard to conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the federal or state courts in Lane County, Oregon in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and American Film Archive as a result of this agreement or use of the Website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and American Film Archive with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and American Film Archive with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
 
 
TERMINATION
These Terms are effective until terminated by American Film Archive. American Film Archive may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Website, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
 
American Film Archive shall also have the right without notice and at any time to terminate the Website or any portion thereof, or any products or services offered through the Website, or to terminate any individual's right to access or use the Website or any portion thereof.