Terms | Telescope Film

Terms of Use

Terms of Use 

1. Acceptance of Terms

This Website is owned and operated by Telescope Film LLC.

The Terms of Use (“Terms”) is a legal agreement between you and Telescope Film LLC (“Telescope Film,” “Telescope,” “we,” “our,” or “us”).

Telescope permits access to and use of this Website and its services (collectively, the “Website”), subject to the terms and conditions in this Terms of Use (“TOU”). Telescope may, at its discretion, update the TOU at any time. You can access and review the most current version of the TOU at the URL for this page or by clicking on the “Terms of Use” link within the Website or as otherwise made available by Telescope.

Please review the TOU carefully. By registering for an account or otherwise accessing or using the Website, you agree to be bound by the TOU, including any updates or revisions posted here or otherwise communicated to you. If you do not agree to be bound by the TOU, do not access or use the Website.

The TOU requires binding arbitration to resolve any dispute or claim arising out of or relating in any way to the TOU or your access to or use of the Website, including, but not limited to, the validity, applicability or interpretation of the TOU (each, a “claim”), and you agree that any such claim shall be resolved only on an individual basis and not in a class, consolidated or representative action, arbitration or other similar process.

You represent and warrant that you are: (i) over eighteen years of age or the age of majority in our jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Website under the laws of any applicable jurisdiction. Individuals under the age of eighteen, or applicable age of majority, may utilize the Website only with the involvement of a parent or legal guardian and otherwise subject to these Terms of Use.

2. Privacy Policy

In addition to the TOU, the Telescope Privacy Policy, governs your access to and use of the Website. [Insert link to privacy policy]

3. Grant of Rights

(a) Telescope grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view materials within the Website.

(b) All rights granted to you under this TOU are subject to your compliance with the TOU in all material respects and may only be exercised for your non-commercial personal or educational use. 

4. Registration and Usage

(a) You may browse the Website without registering, but some features may not be accessible unless you register. In registering for the Website, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Telescope reasonably suspects that you have done so, Telescope may suspend or terminate your account.

Furthermore, by providing Telescope with this information, you agree to abide by Telescope’s Terms of Use, and to receive marketing and promotional emails from Telescope. You can stop receiving emails from Telescope by following the unsubscribe instructions in those emails. Note that unsubscribe is not available for certain emails concerning your relationship or dealings with Telescope. Telescope will not provide, share, sell, or otherwise distribute the email addresses gathered in the way described in this paragraph, with Third Parties.

(b) You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify Telescope immediately of any unauthorized use of your account or password or any other similar breach of security.

5. Responsibility For Content

(a) You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Website, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Telescope, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Website (“Your Content”), and other users of the Website, and not Telescope, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Website (“User Content”). 

(b) You acknowledge and agree that Telescope has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Telescope reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing sentence, Telescope shall have the right to remove any Content that violates the TOU or that it deems objectionable.

(c) To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in the TOU with respect to Your Content; and (ii) Your Content does not violate any duty of confidentiality owed to another party, or the copyright, trademark, right of privacy, right of publicity or any other right of any other party.

6. Rights to Content

(a) Telescope does not claim ownership of Your Content. However, you grant Telescope and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) as necessary to provide the Website. You acknowledge and agree that the technical processing and transmission of data associated with the Website, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

(b) Except with respect to Your Content, you acknowledge and agree that, as between you and Telescope, Telescope owns all rights, title and interest (including, but not limited to, all intellectual property rights) in the Website and all Content and other materials within the Website. 

(c) Except with respect to Your Content, you may not: (i) use, capture, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights to the Website, except as expressly permitted under the TOU; (ii) reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of any software within or associated with the Website; (iii) frame or utilize any framing technique to enclose any Content; (iv) access the Website for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Website or any products or services offered by Telescope; (v) rent, lease, lend, sell or sublicense the Website or otherwise provide access to the Website as part of a service bureau or similar fee-for-service purpose; or (vi) remove or obscure any proprietary notice that appears within the Website.

7. User Conduct

In connection with your access to or use of the Website, you shall not:

(a) upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate.

(b) impersonate any person or entity, including, but not limited to, Telescope personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;

(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;

(d) act in a manner that negatively affects the ability of other users to access or use the Website;

(e) take any action that imposes an unreasonable or disproportionately heavy load on the Website or its infrastructure; 

(f) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;

(g) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Website or substantially download, reproduce or archive any portion of the Website;

(h) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Website, including, but not limited to, your user account and password; or

(i) violate any applicable local, state, provincial, federal or international law or regulation.

8. Suggestions

If you elect to provide or make available to Telescope any suggestions, comments, ideas, improvements or other feedback relating to the Website (“Suggestions”), Telescope shall be free to use, reproduce, modify, adapt, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.

9. Dealings with Advertisers and Other Third Parties

Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Website, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third-party. You agree that Telescope shall not be liable for any damage or loss of any kind incurred as a result of any such dealings.

10. Links and External Materials

The Website or users of the Website may provide links to other websites or resources. You acknowledge and agree that Telescope does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). External Materials are subject to different terms of use and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that Telescope shall not be liable for any damage or loss resulting from or arising out of use of or reliance on any External Materials.

11. Modifications to the Website

Telescope reserves the right at any time to modify or discontinue the Website (or any portion thereof) with or without notice, and Telescope shall not be liable to you for any such modification or discontinuance.

12. Indemnification

You shall indemnify, defend and hold Telescope and each of its officers, directors, employees, agents, partners and licensors (collectively, “Telescope Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys’ fees, resulting from or arising out of your: (a) violation of the TOU or any law or regulation; or (b) violation of any rights of another party.

13. Disclaimer of Warranties

(a) Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis, with all faults. To the maximum extent permitted by applicable law, the telescope parties expressly disclaim all warranties of any kind, whether express or implied or arising from statute, course of dealing, usage of trade or otherwise, including, but, not limited to, the implied warranties of merchantability, quality, fitness for a particular purpose, and non-infringement.

(b) The Telescope parties make no representation or warranty that: (i) the Website will meet your requirements; (ii) access to the Website will be uninterrupted, timely, secure or error-free; or (iii) the information and any results that may be obtained from access to or use of the Website will be accurate, reliable, current or complete.

(c) All content made available through the Website is made available for informational purposes only. You are solely responsible for confirming the accuracy of all information before taking or omitting any action.

14. Limitation of Liability

(a) You acknowledge and agree that the telescope parties shall not be liable for any lost profits or cost of cover, or indirect, incidental, special, exemplary, punitive or consequential damages, including, but not limited to, damages arising from any type or manner of commercial, business or financial loss, even if the telescope parties had actual or constructive knowledge of the possibility of such damages and regardless of whether such damages were foreseeable. 

15. Termination

(a) In the event that you violate the TOU, all rights granted to you under the TOU shall terminate immediately, with or without notice to you. 

(b) Upon termination of the TOU or any Account for any reason: (i) Telescope, in its sole discretion, may remove and discard Your Content; and (ii) any provision that, by its terms, is intended to survive the expiration or termination of this TOU shall survive such expiration or termination.

16. Governing Law

The TOU shall be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to conflict of laws principles. 

17. Jurisdiction and Venue

Any dispute, and all claims (as defined in Section 1) shall be brought in the state or federal courts residing in the State of Washington, United States of America, and local laws of Washington will apply to any such action related to the above without regard to any conflicts of laws principles. Both parties submit to venue and jurisdiction in these courts and waive any objection on the grounds of Venue, Forum Non-Conveniens or any similar grounds with respect to any such claim. The Parties agree that all claims (as defined in Section 1) shall be adjudicated only on an individual basis not in a class, consolidated or representative action or similar process.

18. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in the TOU, there shall be no third-party beneficiaries to the TOU. 

19. Procedure for Making Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice”) must include substantially 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;
  • description of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • description of the material you believe to be infringing and where that material may be accessed within the Website in a sufficiently precise manner to allow us to locate that material.
  • adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).  
  • a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • a statement that the information in the written notice is accurate.
  • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 

Agent for Notice of Copyright Claims:

Justine Barda
250 Ashland Place, #46-G
Brooklyn, NY 11217
jbarda@telescopefilm.com 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. 

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys fees) under Section 512(f) of the DCMA.

20. General Provisions

The TOU constitutes the entire agreement between you and Telescope concerning your access to and use of the Website. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and Telescope with respect to such subject matter. The TOU may not be amended by you except in a writing executed by you and an authorized representative of Telescope. You may not assign or delegate any right or obligation under the TOU without the prior written consent of Telescope. The failure of Telescope to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the TOU. Any prevention of or delay in performance by Telescope hereunder due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.