Terms & Conditions
Grantmakers in Film and Electronic Media, Inc.
The “Site” encompasses the websites http://gfem.org and http://media.gfem.org and all associated GFEM web pages, including without limitation all content, materials, information, policies, modifications, updates, enhancements, revisions, new features, and or new web properties of such pages, along with all Site services provided through such web pages.
Modification of These Terms
GFEM reserves the right to change these Terms at any time at its sole discretion and without notice to you. All changes to these Terms will be posted on the Site and are effective immediately upon posting. Consequently, GFEM recommends that you visit and review these Terms frequently. Your continued use of the Site following any changes to these Terms will mean you accept those changes.
The Site, including all text, logos or graphic images appearing therein, is protected by copyright, trademark, patent, trade secret, and other laws. The Site and all Site content is the property of GFEM and/or third party licensors, including without limitation grant seekers, and all right, title and interest in and to the Site shall remain with GFEM and/or such third party licensors. Nothing in these Terms transfers any rights to you or any third party except as expressly set forth herein.
Links to Third Party Sites
The Site may contain links to other web sites, including without limitation other web sites providing articles or RSS feeds (“Linked Sites”). The Linked Sites are not under the control of GFEM and GFEM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GFEM is not responsible for webcasting or any other form of transmission received from any Linked Site. GFEM is providing these links to you only as a convenience, and the inclusion of any link does not imply any association with its operators. You enter any Linked Site at your own risk.
The Site may contain various message and/or communications facilities designed to enable you to communicate with potential grant seekers, potential Grantmakers, the public at large or with a group, including without limitation the Database (defined below), grant seeker project information, bulletin board services, chat areas, news groups, forums, communities or personal web pages. You agree to use the Site only to post, send and receive messages and material that are proper and related to the particular Site project database, forum, community, or other site service you are using. Unless otherwise specifically agreed by you and GFEM in writing, you will not:
Post on or transmit to the Site any defamatory, libelous, obscene, bigoted, hateful, racially offensive, vulgar, harassing, inflammatory, pornographic, child pornographic, violent (meaning content that is excessively violent, incites violence or threatens violence), profane, threatening, unfair, deceptive or unlawful content or any content that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site service you are using specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of the Site that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, copyright notices or legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or that is provided with Site materials.
Violate any code of conduct or other guidelines which may be applicable to any particular Site services.
Harvest or otherwise collect information about others, including e-mail addresses, without their prior express written consent.
Post on, transmit to or upload from the Site any content that discusses illegal activities with the intent to commit them, including activities that are intended to assist others in defeating technical copyright protections.
Use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Violate any applicable laws or regulations or violate these Terms.
Send any bulk commercial email.
Send any unsolicited email to any party that has indicated that it does not wish to receive such email.
Access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Site.
Use the site in any manner that promotes illegal drugs, violates export control laws or relates to illegal gambling or illegal arms trafficking.
Use the Site in any manner that could create a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement.
Post on, transmit to or upload from the Site any content, including without limitation Grant Project Materials, that violates another party’s privacy or infringes another party’s intellectual property, including, but not limited to, such party’s copyrights, trademarks, trade secrets, patents or other confidential or proprietary information. Examples of materials that may be covered by copyright include software, graphics, text, photographs, sound, video and musical recordings.
Review of Submitted Projects
GFEM will review any project submitted by grant seekers (“Grant Project Materials”) for appropriateness (“GFEM Review”) before posting such Grant Project Materials to GFEM’s Database (“Database”). A determination of appropriateness will be made by GFEM in its sole discretion, and Grant Project Materials deemed inappropriate will not be posted on the Database. GFEM reserves the right to remove any Grant Project Materials, in whole or in part, from the Database at any time in GFEM’s sole discretion.
GFEM has no obligation to monitor you or any other user’s use of the Site, and other than GFEM’s initial review of Grant Project Materials submitted for inclusion in the Database, GFEM currently does not perform such monitoring. GFEM reserves the right to review and monitor your use of the Site, including without limitation your use of any user ID and/or password in accessing the Site and any materials posted to or revised on the Site, and to remove any materials in its sole discretion. GFEM reserves the right to restrict or terminate your access to the Site, including, without limitation, your access to any or all of the services provided thereunder or your ability to use any Site user ID and/or password, at any time without notice if we believe you have violated these Terms.
Disclosure Under Law. GFEM reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GFEM’s sole discretion if we believe you have violated these Terms.
Providing Correct Personal Information. In the course of using the Site, you may be required to enter certain information, including without limitation personal information (“Information”). You agree to provide GFEM with correct Information, and to update such Information on the Site promptly as reasonably necessary and as required by the Site.
Caution When Providing Information. Always use caution when giving out any personally identifying information about yourself or your children in using any Site service. GFEM does not control or endorse the content, messages or information found in Grant Project Materials or in any Site forums, communities or other services (collectively, “Posted Materials”) and, therefore, GFEM specifically disclaims any liability with regard to Posted Materials and any actions resulting from your use of Posted Materials. Grant seekers, grantmakers, managers and hosts are not authorized GFEM spokespersons, and their views do not necessarily reflect those of GFEM.
Posting Limitations. Posted Materials may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download Posted Materials.
License in Posted Materials. GFEM does not claim ownership of any of the Posted Materials. However, by posting, uploading, inputting, providing or submitting Posted Materials other than Grant Project Materials, you are granting GFEM, its affiliated companies and sublicensees a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicenseable license in and to such Posted Materials that are not Grant Project Materials). We have the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Posted Materials that are not Grant Project Materials, with or without attribution, and allow other Site users to do so as well. Where feasible, we will generally strive to provide attribution in the event we use Posted Materials that are not Grant Project Materials.
License in Grant Project Materials. By posting, uploading, inputting, providing or submitting Grant Project Materials, you are granting GFEM, its affiliated companies and sublicensees a non-exclusive, royalty-free, and fully assignable and sublicenseable license in and to such Grant Project Materials. We have the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, and reformat your Grant Project Materials, and allow other Site users to do so as well.
No Compensation. No compensation will be paid with respect to the use of your Posted Materials, as provided herein. GFEM is under no obligation to post or use any Posted Materials you may provide and may remove any Posted Materials at any time in GFEM's sole discretion.
User Representations and Warranties. By posting, uploading, inputting, providing or submitting your Posted Materials, you (i) acknowledge that the Site, including the Database, is open to the public and therefore GFEM cannot control who will access Posted Materials, including your Grant Project Materials or the use that any third party will make of any such materials, (ii) represent and warrant that you own or otherwise control all of the rights to your Posted Materials necessary to grant the licenses granted in this Section (Posted Materials), including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Posted Materials, whether such right is established through direct ownership, express authorization of the copyright owner of the Posted Materials, or otherwise under law, (iii) represent and warrant that neither the submission of your Grant Project Materials for inclusion in the Database nor the inclusion of your Grant Project Materials in the Database will violate or infringe any third party right, including but not limited to any third party intellectual property right or contractual right, and that you have the right to submit the Grant Project Materials for inclusion in the Database, (iv) agree that GFEM shall not be liable to you or any third party for not accepting your Grant Project Materials for inclusion in the Database or for removing your Grant Project Materials, in whole or in part, from the Database, and (iv) agree that GFEM shall not be liable to you or any third party for any consequence, including but not limited to any harm or damage, that may arise from the inclusion of your Grant Project Materials in the Database, including but not limited to any harm or damage that may result from the use by any third party of your Grant Project Materials.
Representation and Warranty Disclaimer
THE SITE AND ALL INFORMATION AND MATERIALS ON THE SITE, INCLUDING TEXT, IMAGES, GRAPHICS, AND LINKS AND INCLUDING THE DATABASE AND ALL POSTED MATERIALS, AND THE INFORMATION AND MATERIALS ON ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED WITH GFEM, WHICH YOU MAY VISIT THROUGH THE SITE, IS PROVIDED “AS IS” BY US AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (VIII) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. ANY USE OF THE SITE AND ANY INFORMATION AND/OR MATERIALS PROVIDED ON OR THROUGH THE SITE SHALL BE SOLELY AT YOUR OWN RISK. EFFORTS BY GFEM TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. GFEM AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND STOCKHOLDERS (COLLECTIVELY, WITH GFEM, THE “GFEM ENTITIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THESE TERMS, STATUTE, REGULATION, COMMON LAW PRECEDENT OR DOCTRINE, OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WERE NEGLIGENT. In jurisdictions that prohibit the exclusion or limitation of liability for consequential or incidental damages, GFEM’s liability is limited to the greatest extent permitted by law.
You shall indemnify, defend and hold the GFEM Entities harmless from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including reasonable attorneys fees and all other costs, fees, and expenses (collectively, “Claims”), arising from (i) your use of the Site or any Posted Materials, including without limitation any Database materials, or the use by any third party of such materials, (ii) your submission of your Grant Project Materials for inclusion in the Database or the inclusion of your Grant Project Materials in the Database, (iii) GFEM’s decision not to include your Grant Project Materials in the Database or to remove your Grant Project Materials in whole or in part from the Database or (iv) any violation of these Terms, including without limitation any breach of your representations and warranties herein. In connection with any Claims that may give rise to your indemnification obligations as set forth above, the GFEM Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to the GFEM Entities pursuant to this Section.
Confidentiality of Account and Password. You are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer. You accept full responsibility and liability for all activities that occur under your account or password. GFEM reserves the right to refuse service, terminate accounts, or remove content in its sole discretion. For certain services, you may be required to register; as part of the registration process, you must select a user name. The information that you supply during any registration process must be accurate and complete and you agree to not (1) register under the name of another person; (2) choose a user name that GFEM deems offensive; or (3) choose a user name for the purposes of deceiving or misleading forums members and/or staff as to your true identity. You agree to not impersonate any other person, including any other GFEM forum member, any GFEM forum host or any GFEM staff.
Notification of Unauthorized Use/Ceasing Access. You shall notify GFEM immediately of any unauthorized use or threat of unauthorized use of your account or the Site or of any other breach or potential breach of security known to you with respect to your account or the Site, including without limitation any loss or compromise of any password, and will cooperate with GFEM in every reasonable way to help GFEM prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Site, your account and/or your password. You agree that immediately upon termination of your right to use the Site, or upon any earlier demand by GFEM at any time, you will cease all access and/or use of the Site, and will not attempt to access and/or use the Site.
Notice and Procedure for Making Claims of Copyright Infringement
GFEM will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the GFEM Designated Agent using the following contact information:
GFEM Copyright Agent
2406 E. Fairmount Avenue
Baltimore, MD 21224
Your notice must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GFEM to locate the material;
Information reasonably sufficient to permit GFEM to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Any other materials or information as may be required by the DMCA as amended from time to time.
ALL INQUIRIES TO THE COPYRIGHT AGENT NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.
Dispute Resolution (Arbitration Clause)
Binding Arbitration. You and GFEM each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a “Dispute”) arising out of or in connection with these Terms, your or GFEM’s rights and obligations under these Terms, the Site, the use of the Site, and/or the information, services and/or products that may be provided by or through or in connection with the Site. The arbitration will be held in the State of Maryland before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. At the option of the first party to commence an arbitration, the arbitration will be administered either by the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com). In the event you are the first party to commence an arbitration, and you fail to select an arbitration organization within 30 days after providing notice to GFEM of such arbitration, GFEM may select the organization. You may obtain a copy of the rules of each organization by contacting the organization. In the event that any Dispute cannot be submitted to binding arbitration pursuant to the rules of any such organization, such event shall not affect the enforceability of this clause so long as the Dispute may be submitted to binding arbitration with one of the organizations. You and GFEM shall agree on one arbitrator to conduct the arbitration and the arbitrator shall be selected pursuant to the applicable rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate GFEM’s intellectual property rights, GFEM may seek (and you will not contest) injunctive or other appropriate relief in any state or federal court in the State of Maryland, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration Final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
Giving Up Right of Class Action. These Terms provides that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST GFEM INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
California Residents. If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
Choice of Law; Jurisdiction and Venue; Waiver of Trial By Jury
To the maximum extent permitted by law, these Terms is governed by the laws of the State of Maryland, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. NOTWITHSTANDING THE FOREGOING, THE PARTIES EXPRESSLY OPT OUT OF THE MARYLAND UNIFORM COMPUTER TRANSACTIONS ACT (“MUCITA”) AS PERMITTED BY SECTION 22-104 OF MUCITA. To the extent a Dispute is not governed by the Arbitration Clause, you hereby consent to the exclusive jurisdiction and venue of courts in the State of Maryland in all disputes arising out of or relating to the use of the Site or under these Terms; provided, however, that in the event GFEM is sued or joined by a third party in any other court or in any other forum in respect of any matter which may give rise to a claim by GFEM hereunder, you consent to the jurisdiction of such court or forum over any claim which may be asserted by GFEM therein. You irrevocably consent to the exercise of personal jurisdiction by such courts in any such action. In addition, and notwithstanding the foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to a jurisdiction by a suit upon such judgment. To the Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. To the extent a claim is not governed by the Arbitration Clause, GFEM and you each hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise, in which any such party is a party, as to any claim arising out of or in connection with these Terms, your or GFEM’s rights and obligations under these Terms, the Site, use of the Site, and/or the services and/or products that may be provided by or through or in connection with the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and GFEM as a result of these Terms or use of the Site. GFEM’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of GFEM’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by GFEM with respect to such use. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If any provision(s) of these Terms shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the provision shall be deemed to have been amended to the extent required to render it valid and enforceable, and such court is hereby authorized and directed to amend the provision to the extent that, but only to the extent that, such court determines such amendment is necessary to make it legal, valid, and enforceable. The failure of GFEM to enforce any provision of these Terms shall not be construed as a waiver or limitation of GFEM’s right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms. These Terms shall be binding upon, inure to the benefit of, and be enforceable by the parties to these Terms and their respective successors, heirs, legatees, personal representatives and permitted assigns. No assignment, delegation or other conveyance of these Terms or of any rights or obligations hereunder may be made by you (by operation of law or otherwise) without the prior written consent of GFEM. GFEM may assign its rights and obligations under these Terms to any other party. Unless otherwise specified herein, these Terms constitutes the entire agreement between you and GFEM with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GFEM with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be drawn up in English. The headings and other captions in these Terms are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms. Those terms and conditions of these Terms that assign liabilities to the parties extending beyond the term of these Terms shall survive termination of these Terms.
Unless otherwise agreed in writing by you and GFEM, GFEM is not obligated to provide, and shall not provide, any support, consulting, interpretation, training or assistance (collectively, “Support”) of any kind to you, including without limitation Support relating to use, operation and/or performance of the Site.
Viewing Outside the United States
GFEM makes no claims that the Site may be lawfully viewed, accessed or used outside the United States. Access or use of the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
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