Terms of Use
Acceptance
Thank you for visiting TrailerWars.com ("the site, Trailer Wars, us, we"). Please carefully read, and fully understand, our Terms of Use ("Terms") before using the services offered by Trailer Wars, LLC. ("The Company"). These Terms represent legally binding terms and conditions for the use of TrailerWars.com and the use any service owned and offered by the company. By visiting the site or using the site services you signify that you have read, fully understand, and agree to these terms.
TrailerWars.com reserves the right to modify or revise these terms periodically, and without notice. We will always make known any major changes to the terms; however you should periodically view our most current version at http://www.trailerwars.com/about/terms. The continued used of the site after such changes will signify that you have read, understand, and accept the new terms. If you do not agree with our terms, now or in the future, do not use our service.
Service Use
The Terms of Service apply to any visitor to the site, including users who contribute content. "Content" includes graphics, text, scripts, software, videos, sound, photos, music, audiovisual combinations of other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Trailer Wars, including but not limited to software and services offered by the Trailer Wars site.
Trailer Wars may contain third party links to sites that are not owned or controlled by Trailer Wars. Trailer Wars has no control over and therefore assumes no responsibility for the content, policies and practices of any third party sites. By using the site and/or service you understand that Trailer Wars can not be held liable for content on a third party site.
Any visitor, registered or not, is a "user". As a user, you will not use the service in a manner that is prohibited by the Terms of use. If you choose to register you become a site "Member" and have the ability to use member specific features including, but not limited to, entering contests, posting creative projects in Fund Me, contributing to projects, voting, and interacting with other site members. When you register you must provide accurate, honest, and complete information. You will never use another member's account. You are responsible for all activity associated with your account, and must keep your own account credentials secure. Although Trailer Wars can not be held liable for unauthorized access to your account, you will notify us if any such access occurs. Furthermore, you may be held liable for any losses of Trailer Wars or others do to such unauthorized use.
Permission to use the site is granted to you by Trailer Wars provided that:
- You will not copy, disclose or distribute in any other medium any part of the service or the content without written permission from Trailer Wars, unless the means are made available by Trailer Wars.
- You will not modify or alter any part of the service.
- You will not (or permit a third party to) contribute any content the site that infringes on any copyright, right of publicity or other right of any person or entity or violates any law of contractual agreement. Any content that you know to be false, inaccurate, or misleading. Any content that is unlawful, threatening, abusive, harassing, obscene, offensive, profane, invasive of another's privacy, libelous, harmful of minors in any way, abusive, contains expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense. Any content that constitutes unsolicited or unauthorized advertising. Any content that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. Any content may disparage Trailer Wars, its owners, advertisers, products, or services and sites. Any content that infringes on the copyright, trademark, publicity/privacy or other intellectual property right of any third party.
- You will not use or launch automated systems, including without limitation, "spiders", "robots", or "offline readers", that access the Service in a manner that sends more request messages to the Trailer Wars servers in a given period of time than a human can reasonably produce in the same time by using conventional on-line methods. Furthermore, you will not collect or harvest any personally identifiable information, including account names, from the Service or to use the communication systems provided for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their content.
- In your use of the Service, you will comply with all applicable laws and will otherwise comply with the terms and conditions of this agreement.
- You may not use the Service for activities that: (i) violate any law, statute, ordinance or regulation; (ii) relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law.
- Trailer Wars may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Trailer Wars' sole determination, you violate any of the Agreement.
Content Use
The Content associated with our Service and the trademarks, service marks and logos are licensed or owned by Trailer Wars and are subject to copyright and intellectual property rights under law.
Trailer Wars does not guarantee that any Content will be made available on the Site or with the Service. All Content provided to you is AS IS. All Content on the Service is intended for personal use solely as intended through the provided functionality and as permitted under these Terms. You will not copy, reproduce, distribute, transmit, broadcast, display, license, sell, or otherwise exploit any Site Content without prior written consent from Trailer Wars or the respective licensors of the Content. You will not download Content unless a download option is given and available through the Trailer Wars Service for that Content.
When using the Service you understand that you may be exposed to Content from many different sources, and that Trailer Wars is not responsible and can not be held liable for such exposure. With this knowledge, you hereby waive any legal or equitable rights or remedies you have or my have against Trailer Wars, and agree to indemnify and hold harmless Trailer Wars, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to you use of the Service.
User Content
As a Member of Trailer Wars you may submit Content to the Service. You understand that Trailer Wars does not guarantee any confidentiality with respect to the Content that you submit. You are solely responsible for the Content and the consequences of submitting and publishing your Content on the Site and with the Service. You must be the owner and have all the necessary rights, licenses, consents and permissions to publish the content that you submit.
You will retain all of your ownership right in your content. However, by submitting Content to Trailer Wars, you hereby grant to Trailer Wars a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform/display, prepare derivative works of all such User Content and your name, voice, and/or likeness, in whole or in part, and in any form, media or technology, and otherwise perform the Service on your behalf.
You understand that the Content you submit will not contain third party copyrighted material, or material that is subject to other third party property rights, unless you have express written permission for the rightful owner.
Trailer Wars does not endorse and will not take responsibility for any of the Content submitted to the Site through the Service from any user or other licensor, and Trailer Wars disclaims any and all liability in connection with the content. You understand and agree that you may be exposed to Content that may by inaccurate, offensive, indecent, or objectionable, and you agree that Trailer Wars is not liable for any damages you may incur as a result.
You are solely responsible for all your interactions with all other Trailer Wars Users.
Trailer Wars does not permit or condone copyright infringing and will remove any and all Content subject to removal at our discretion.
Fund raising with Fund Me
One of the Services provided to you by Trailer Wars is our Fund Me application. The application is a resource for fund-raising and commerce solely for Independent film makers. Trailer Wars may allow you to list or post a "Project" on Trailer Wars to promote, showcase, or share Project Content with Users to elicit feedback or financial backing from Users "Backers". All projects are considered Content and are subject to all Terms and Conditions in the Agreement.
To begin working with our Fund Me application to raise funds on the Service you must become a Member and create a "Project Profile". In your Project Profile you will select a target contribution amount "Project Goal", a date by which you would like to raise your funds "Project Deadline", fill out mandatory Project information and upload your Project to the Site. The deadline can be between 1 and 90 days and you must upload a promotional video to begin raising funds. In addition, the Project must be for the making or release of a short or full length Independent film.
You are required to name a legal entity "Project Entity" to which funds will be released at the end of your Fund Me campaign. By providing us with the name of your Project Entity you state that you are an authorized project representative with any and all authority to bind the Project Entity to these Terms and Agreements; and that the Project Entity is responsible and accountable for the use of any funds raised through Fund Me and on the Service, and that you accept this Agreement on the Project Entity's behalf.
To begin receiving funding contributions your legal entity must first have an account "Fund Me Account" established with the payment processor designated by Trailer Wars. You agree that your Fund Me Account will be governed by your agreement with the processor, and that Trailer Wars has no liability with regards to your Fund Me Account or your transactions or interactions with the established payment processor.
All contributions made to a Fund Me Project will be directed to the Project Entity's Fund Me Account less a 9% processing fee retained by Trailer Wars. All Contributions paid to a Project Entity will constitute "Project Funding," and the Trailer Wars fee and all other Project Funding requirements will apply. Trailer Wars is in no way responsible or liable for any error or omission in the Fund Me Account information you provide. Unless automated by the Processor, Project Funding less 3rd party processing fees will be disbursed from the Fund Me Account to the Project Entity's bank account according to the Project's disbursement details (set in the Funding section of the Project Profile). All necessary fund transfers will be initiated on Friday, and include campaigns that have ended by Thursday at midnight, the day before. It takes 5-7 business days for the disbursed funds to arrive in your account.
When you reach your Project Deadline, your Funding Request will automatically close and no more Contributions will be accepted for your Project. You may make a new Funding Request any time after the end of your last Funding Request closes. If you reach your Project Goal by your Project Deadline, Trailer Wars will pay you a 5% rebate on all funds raised during the campaign. Payments will be included in a funds transfer that will be initiated on a Friday for campaigns that had ended by Thursday at midnight, the day before. It takes 5-7 business days for the disbursed funds to arrive in your account.
If your Project receives Project Funding by using the Trailer Wars platform and tools (including without limitation Project Funding paid into your Fund Me Account), you agree to acknowledge Trailer Wars by including the Trailer Wars logo in the "Special Thanks" section of the credits/acknowledgement section of your completed project as follows: using either the black or white Trailer Wars logo available in the Press section of TrailerWars.com, the logo should appear on its own line (i.e., no other text or images on the left or right), sized so that the "Trailer Wars" lettering in the logo is at least three times the size of the credits' normal text.
You may offer non-monetary rewards for Contributions ("Perks"), provided that the offering of such Perks is lawful under all applicable laws, including without limitation state and federal securities laws, and otherwise complies with the terms and conditions of this Agreement. Any Project Funding payments may be subject to verification of the identity of you and the Project Entity, the use of funds, and the time line of the project. The verification procedure may involve an interview and/or document review if deemed necessary and may vary from time to time in our sole discretion. You and the Project Entity agree that Project Funding may only be used on behalf of the Project, and that Project Funding will not be used for any other purpose. You agree that if at any time during while a Funding Request is open or within thirty (30) days of the close of a Funding Request, Trailer Wars makes a good faith determination that the identity of you or the Project Entity or the time line of the Project are not as identified in the Project Posting, or that the Project Funding has not been used solely on behalf of the Project, you will promptly refund the entire amount of Project Funding from such Funding Request to the Contributors. We may change the Fund raising Rules at any time upon notice to you. If you do not accept a change we make to the Fund raising Rules, your sole remedy shall be to terminate your Project Posting.
You are fully responsibility for applicable taxes for all Project Funding paid to you under this Agreement, and for compliance with all applicable labor and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization, and with respect to your employees and contractors, including state worker's compensation insurance coverage requirements and any U.S. immigration visa requirements. You agree to indemnify, defend and hold harmless Trailer Wars from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on Trailer Wars by the relevant taxing authorities with respect to any Project Funding paid to you.
Trailer Wars makes no guarantee regarding the number or amount of Contributions, or the amount of any Project Funding payment to be made to you or the Project Entity under this Agreement.
Contributing to Fund Me
Trailer Wars may provide you the opportunity to make Contributions to Project Postings on our Service. You may contribute to any Project with an open Funding Request in any amount you choose. You also may contribute to as many Projects as you like.
It is solely your choice to contribute to a Project. You understand that making a Contribution to a Project does not give you any rights in or to that Project, including without limitation any ownership, control, or distribution rights, and that the Project Entity shall be free to solicit other funding for the Project, enter into contracts for the Project, allocate rights in or to the Project, and otherwise direct the Project in its sole discretion. You further understand that nothing in this Agreement or otherwise limits Trailer Wars' right to enter into agreements or business relationships relating to Projects. Trailer Wars does not guarantee that any Project's Campaign Goal will be met. Any Perks offered to you are between you and the Project Entity only, and Trailer Wars does not guarantee that Perks will be delivered or satisfactory to you. Trailer Wars does not warrant the use of any Project Funding or the outcome of any Project.
Contributions to Projects are nonrefundable. Under certain circumstances Trailer Wars may, but is under no obligation to, seek the refund of Project Funding if the Project Entity misrepresents the Project or misuses the funds. You acknowledge and agree that all your Contributions are between you, the Project Entity, and the Processor only, and that Trailer Wars is not responsible for Contribution transactions, including without limitation any personal or payment information you provide to the Processor.
Trailer Wars makes no representations regarding the deductibility of any Contribution for tax purposes. Please consult your tax advisor for more information.
Eligibility
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. Trailer Wars may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Security
Trailer Wars has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Third Party Site
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Copyright Notification
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Trailer Wars' Copyright Agent with a written notification containing at least the following information (please confirm these requirements with your legal counsel, or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site, sufficient for US to locate the material; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please provide Trailer Wars' Copyright Agent with a written counter-notification containing at least the following information (please confirm these requirements with your legal counsel or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information): a physical or electronic signature of the subscriber/user of the Services; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
You acknowledge that if you fail to comply with all of the aforementioned notice requirements, your notification or counter-notification may not be valid and that Trailer Wars may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
Warranty Disclaimer
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Indemnification
You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
International
Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Electronic Delivery/Notice Policy and Your Consent
By using the Services, you consent to receive from Trailer Wars all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. Trailer Wars may provide such electronic Contract Notices by posting them on the Trailer Wars Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Trailer Wars Site and Services.
Governing Law
These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the company (and all Services) is deemed a passive website that does not give rise to personal jurisdiction over Trailer Wars or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Ohio. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Erie County in the State of Ohio and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Integration and Severability
The Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Miscellaneous
Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.