1. Binding Agreement

1. This CREATE CINEMA INC.  Website is provided to you for your use subject to these Terms and Conditions. You are entering into this Contract with CREATE CINEMA INC.  (also referred to as “we” and “us”). By accessing or using the CREATE CINEMA INC.  Website you agree to accept and/or to be bound by these Terms and Conditions. you agree to use the CREATE CINEMA INC.  Website at your own risk. If you do not agree to this contract (“Contract” or “User Agreement”), do not register, sign-up, and do not access or otherwise use any of our services. If you wish to terminate this contract, at any time you can do so by no longer accessing or using our services.
2. In the case of any conflict between these Terms and Conditions and any contract you have with CREATE CINEMA INC., these Terms and Conditions will take precedent.
3. We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the CREATE CINEMA INC.  Website. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the CREATE CINEMA INC.  Website. The changes will apply to the use of the CREATE CINEMA INC.  Website after we have given you notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the CREATE CINEMA INC.  Website. If you continue to use the CREATE CINEMA INC.  Website after the date on which the change comes into effect, your use of the CREATE CINEMA INC. Website indicates your agreement to be bound by the new Terms and Conditions.
4. As used herein, the term "Service" or "Services" means any and all Internet-related services provided by or through Create Cinema Inc.; the term "Content" means any and all information, data, material, text, images, video, audio, and software provided by or through Create Cinema Inc.; and the term "User" or "Users" means any person who accesses or uses any Service or Content.
5. Our sites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CREATE CINEMA INC.  and CREATE CINEMA INC.  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. CREATE CINEMA INC. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CREATE CINEMA INC. of the site or any association with its operators.
6. Certain services may be made available via our sites which may be delivered by third-party sites and organizations. By using any consent CREATE CINEMA INC.  may share such information and data with any third party with whom CREATE CINEMA INC.  has a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.
7. Any violation of this Policy may result in civil or criminal liability, and CREATE CINEMA INC. may, in addition to any remedy that it may have at law or in equity, immediately terminate permission for any User or, if necessary, for all Users to use the Service. CREATE CINEMA INC. reserves the right to terminate or move material, information, messages or communications that, in CREATE CINEMA INC.'s sole discretion, may be illegal, or that may subject CREATE CINEMA INC. to liability or that may violate this Terms and Condition.
8. CREATE CINEMA INC. may investigate any suspected or alleged violation of this Policy and cooperate with the law, law enforcement authorities and/or third parties in such investigation.

2. Prohibited Use.

1. CREATE CINEMA INC. does not permit or tolerate any illegal, abusive, harmful or improper use of the Services or any use of the Services that interferes with other Users' enjoyment of the Services. If you believe that you have been a victim of any such conduct that is described below, please email to info@createcinema.org. Without limiting the generality of the foregoing, CREATE CINEMA INC. specifically prohibits the following activities:

1. Collecting, storing, posting, transmitting or soliciting any unlawful, harassing, threatening, abusive, defamatory, libelous, slanderous, scandalous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, profane, racist, discriminating or otherwise objectionable or offensive material, information, message or communication;
2. Collecting, storing, posting, transmitting or soliciting any material, information, message or communication that would infringe or violate any patent, copyright, trademark, trade secret or other intellectual property rights of any person;
3. Collecting, storing, posting, transmitting or soliciting any material, information, message or communication that violates, or may give rise to criminal or civil liability under any federal, state, local, national or international law;
4. Collecting, storing, posting, transmitting or soliciting personal information (including, without limitation, biographical, residential, social, marital, occupational, financial, and health information) about other Users without their knowledge or consent;
5. Collecting, storing, posting, transmitting or soliciting personal information;
6. Collecting, posting, transmitting or soliciting harmful computer software viruses, codes, files or programs;
7. Falsifying User information;
8. Making fraudulent offers to sell or purchase, or conducting any type of financial scam such as "pyramid schemes," "ponzi schemes," or "chain letters";
9. Sending email with charity requests, petitions for signatures, or any chain mail related materials, other than for donations for causes that have been pre-approved by CREATE CINEMA INC..
10. Sending unsolicited email that could be expected, in CREATE CINEMA INC.'s sole discretion, that may provoke complaints;
11. Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email;
12. Forging email headers, using invalid or non-existent domain names or other means of deceptive addressing in email;
13. Relaying email in an anonymous fashion, relaying email from any third party's mail servers without that third party's permission, or using similar techniques to hide or obscure the source of the email;
14. Adding, removing or modifying identifiable network header information in an effort to deceive or mislead;
15. Impersonating or attempting to impersonate any person by using forged headers or other identifying information;
16. Doing or attempting to do any thing that adversely affects the ability of other Users to use the Services or the Internet, including, without limitation, "denial of service" attacks against another system or network host or another User;
17. Hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network;
18. Without permission from the owner or host of a system or network, doing or attempting to do any of the following: accessing the system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of the system or network, or breaching the security or authentication routines of the system or network;
19. Reselling or attempting to resell any Service without CREATE CINEMA INC.'s prior authorization;
20. Using any Service to violate another Internet service provider's acceptable use policy and/or terms of service;
21. Using data “bots” or other hard- or software devices for data scraping or other activity on or in connection with the CREATE CINEMA INC. website and Service; and
22. Any other uses of any Service that CREATE CINEMA INC. determines, in its sole discretion, are illegal, abusive, harmful or improper.

3. Intellectual Property

1. You acknowledge and agree that all Content is protected by copyrights, trademarks, service marks, service marks, patents, trade secrets, or other proprietary rights (collectively, "Proprietary Rights"). Except as expressly authorized by CREATE CINEMA INC., you may not copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit any Content for any purposes, by any means or in any media other than printing or downloading. Without limiting the foregoing, you may print, download or copy certain Content for your personal, non-commercial use ONLY, provided that you must keep intact all copyright, trademark, service mark and other proprietary rights notices contained in or accompanying such Content; and when expressly authorized by CREATE CINEMA INC.. The systematic retrieval of any Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the prior written permission of CREATE CINEMA INC. is prohibited. In addition, use of any Content for any purpose not expressly permitted in this Policy is prohibited.
2. You acknowledge that in the event of any claim for infringement of your Proprietary Rights against another User(s), you expressly waive your right to bring any claims against CREATE CINEMA INC. as a direct or contributory infringer of those Proprietary Rights or any other rights you believe to have been infringed by any User(s) or third party/ies associated with the Service.
3. CREATE CINEMA INC. Service Marks. "CREATE CINEMA INC. Service Marks" means all names, marks, brands, logos, designs, trade dress and other designations that CREATE CINEMA INC. uses in connection with its website. You may make reference to CREATE CINEMA INC. Service Marks, but only if your reference is truthful and not misleading and complies with the then current CREATE CINEMA INC. Service Marks policies. You may not remove or alter any CREATE CINEMA INC. Service Marks. You acknowledge CREATE CINEMA INC.'s rights in CREATE CINEMA INC. Service Marks and agree that any and all use of CREATE CINEMA INC. Service Marks shall inure to the sole benefit of CREATE CINEMA INC.. You agree not to incorporate any CREATE CINEMA INC. Service Marks into your marks, names, logos, domain names, links or designations.
4. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CREATE CINEMA INC.  content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CREATE CINEMA INC.  and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CREATE CINEMA INC.  or our licensors except as expressly authorized by these Terms and Conditions.

3. Postings or submissions by Users.

1. By posting or submitting any material to CREATE CINEMA INC.'s website, you grant to CREATE CINEMA INC. and its parents, subsidiaries, affiliates and licensees the right to use, copy, reproduce, display, distribute for evaluation and review the material consistent with the screenplay submission policy hereof and to allow CREATE CINEMA INC. to promote your membership herein (but not your submitted material) worldwide in any media. You agree that you will be solely responsible for any material posted or submitted by you. You acknowledge that when you submit information about yourself to the public areas of our site, your information may be seen and used by any other visitor to such public areas and the CREATE CINEMA INC. cannot monitor nor be responsible to you or any third parties as a result of such uses. You hereby represent and warrant that you own or otherwise control all of the rights to such material and that no use of such material by CREATE CINEMA INC. will infringe or violate any rights of any third party. You hereby agree to defend, indemnify and hold CREATE CINEMA INC. and its parents, subsidiaries, agents, representatives, employees, officers, directors, affiliates, licensees, sponsors, partners, suppliers and contractors harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and legal costs) arising from or in connection with any material posted or submitted by you. CREATE CINEMA INC. reserves the right, at any time and in its sole discretion, to remove or block, disable or deny access to edit or modify any material posted or submitted by you. Additionally, by using the CREATE CINEMA INC. website and Service, you expressly agree to abide by the rules governing Proprietary Content as set fourth in Section 2, above.
2. Disclaimer of warranties. All services and content are provided "as is" and "as available" for your use. To the extent permitted by law, all services and content are provided without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Create cinema inc. Does not warrant or guarantee that all content is accurate, reliable or correct; that all services and content will be available at any particular time or location; that any defects or errors will be corrected; or that all content is free of viruses or other harmful components. Your use of any service or content is entirely at your own risk. Protecting the security of your personal information that you share with create cinema inc. Is of the utmost importance to create cinema inc.. Unfortunately, however, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while create cinema inc. Strives to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our site, and you do so at your own risk.

3. Availability of the CREATE CINEMA INC.  Website

1. Although we aim to offer you the best service possible, we make no promise that the services at the CREATE CINEMA INC.  Website will meet your requirements.
2. We cannot guarantee that the CREATE CINEMA INC.  Website will be fault-free, error-free, or that CREATE CINEMA INC.  Website and servers are free of viruses or other harmful mechanisms. If a fault occurs with the CREATE CINEMA INC.Website  you should report it here and we will attempt to correct the fault as soon as we can.
3. Your access to the CREATE CINEMA INC. Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new content, facilities or services. We will attempt to restore access and/or service as soon as we reasonably can.

6. Term and Termination

1. These Terms and Conditions will remain in full force and effect while you are a user of any CREATE CINEMA INC. Website.
2. CREATE CINEMA INC.  reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the CREATE CINEMA INC.  Website and immediate termination of your registration with or ability to access the CREATE CINEMA INC.  Website and/or any other services provided to you by CREATE CINEMA INC., upon any breach by you of these Terms and Conditions or if CREATE CINEMA INC.  is unable to verify or authenticate any information you submit to a CREATE CINEMA INC.  Website registration.
3. Even after you are no longer a User of the CREATE CINEMA INC.  Website, certain provisions of these Terms and Conditions will remain in effect, including Sections 5, 13, 15, 16, 17 and 20, inclusive.

6. CREATE CINEMA INC. ’s liability

1. CREATE CINEMA INC.  Website and CREATE CINEMA INC.  services act as, among other things, venues for:-

1. Producers, talent agents or their authorized representatives to post-project or engagement listings / opportunities and search for and evaluate candidates;

1. CREATE CINEMA INC.  reserves the right in its sole discretion to remove any User content including but not limited to CREATE CINEMA INC.  profiles, company profiles, User materials, or other material from the CREATE CINEMA INC. Website  from time to time. When CREATE CINEMA INC.  exercises this discretion and there is a breach of these Terms and Conditions by the User, any payment made by the User will be forfeited.
2. The CREATE CINEMA INC.  Website also provides content from other internet sites or resources and while CREATE CINEMA INC.  tries to ensure that material included on the CREATE CINEMA INC.  Website is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If CREATE CINEMA INC.  is informed of any inaccuracies in the material on the CREATE CINEMA INC.  Website we will attempt to correct the inaccuracies as soon as we reasonably can.
3. To the maximum extent permitted by law, CREATE CINEMA INC.  shall not be liable to you for any damages or costs of any kind arising out of or in connection with your use of the site of any other materials or services provided to you by or through the site.
4. To the maximum extent permitted by law, CREATE CINEMA INC.  shall not be liable to you for you:

1. Any direct, indirect, compensatory, special, incidental, punitive, or consequential damages, such as lost profits;
2. personal injury of any sort;
3. copyright, trademark, or patent infringement, libel, slander, invasion of privacy, interference with the rights of publicity, loss of goodwill;
4. loss of data, violation of data privacy laws, computer or device failure or malfunction;
5. breach of contract;
6. work stoppage, failure to pay for services or work, or failure to provide access to the site for any period of time.

2. You acknowledge and agree that, in any event, CREATE CINEMA INC.'S and its subcontractor's total liability to you for any and all claims relating to your use of or inability to use any service or content shall not exceed the amount of Php 1,000 or its equivalent. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
3. This limitation will apply regardless of the foreseeability of damages and regardless of whether the damages arise out of breach of contract, violation of data privacy laws, or any other legal theory or form of action.

6. Disclaimers

1. CREATE CINEMA INC.  shall not be liable for any loss of information howsoever caused as a result of any interruption, suspension or termination of CREATE CINEMA INC.  services or for CREATE CINEMA INC.  content, accuracy, completeness, adequacy or quality of information available or transmitted through CREATE CINEMA INC.  services.
2. You acknowledge and agree that it is not CREATE CINEMA INC. ’s policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third party in or through CREATE CINEMA INC. Website  and/or CREATE CINEMA INC.  services.

9. Your Indemnity Obligation

1. You agree to indemnify, hold harmless and, at our option, defend CREATE CINEMA INC., its partners, suppliers, licensors, officers, directors, owners, employees, representatives, contractors and agents, and sub-licensees from any and all claims and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (1) your use of the site; (2) the use of any User content or information you provide; (3) information or material provided through your account, even if not posted by you; and (4) your violation of these Terms and Conditions.

10. Seek The Advice of Your Own Lawyer

1. The information contained in the site is provided for general information purposes only and is not meant to be legal, financial or other advice. Please consult with your own lawyer, financial advisor or other trusted advisors regarding any legal, financial or other matters. You should not take or refrain from taking action based on information from the site.

11. Third-Party Website

1. As a convenience to customers, the CREATE CINEMA INC.  Website  includes links to other web sites or material which are beyond its control. CREATE CINEMA INC.  is not responsible for content on any site outside the CREATE CINEMA INC.  Website. CREATE CINEMA INC.  are also not responsible for any “hackers” of for those who might disrupt, alter the site,  alter or take material/content you provide.  

Any refund of payment made to CREATE CINEMA INC.  shall be at the sole discretion of CREATE CINEMA INC. .

12. Applicable Law

1. These Terms and Conditions will be subject to the laws of Philippines.
2. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within Philippines.

12. International Use

1. We make no promise that materials on the CREATE CINEMA INC.  Website are appropriate or available for use in your location, and accessing the CREATE CINEMA INC.  Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this CREATE CINEMA INC.  Website from your location, you do so on your own initiative and are responsible for compliance with local laws.

12. Miscellaneous

1. You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
2. If you breach these Terms and Conditions and CREATE CINEMA INC.  chooses to ignore this, CREATE CINEMA INC.  will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
3. CREATE CINEMA INC.  shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
4. If any of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and Conditions and all provision not affected by such invalidity or unenforceability shall remain in full force and effect.
5. CREATE CINEMA INC.  has taken every reasonable step to comply and will continue to comply with its obligations as a data processor arising from the data protection and privacy laws in force from time to time to the extent that those obligations are relevant to this Agreement. Further, we have taken steps to implement and shall maintain an information security program including reasonable administrative, technical and physical measures designed to secure and protect the confidentiality, integrity and availability of all Confidential Information while in such party’s possession against unauthorized, unlawful or accidental access, disclosure, transfer, destruction, loss or alteration. The term Confidential Information will not, however, include any information that identifies or directly relates to natural persons (“Personal Data”). Each party will exercise commercially reasonable efforts not to disclose any Personal Data to the other party and to restrict the other party’s access to its Personal Data, but if a party is given access to the other party’s Personal Data, the receiving party will protect such Personal Data using a reasonable standard of care.

12. General

1. The CREATE CINEMA INC. Website is owned and operated by CREATE CINEMA INC.  
2. If you have any queries please contact us info@createcinema.org.
3. Notices to CREATE CINEMA INC.  should be sent to the address listed on CREATE CINEMA INC. Website.
4. We will send notice to you at the address submitted by you or to such other address as CREATE CINEMA INC.  reasonably determines an appropriate address for you.

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