JSOK Films Terms & Conditions - Effective January 1, 2009  

Please Read These Terms And Conditions Carefully Before Using This Website

Welcome to www.JSOKFILMS.com ("Site"), which is fully owned, controlled and operated by Jason Sokoloff ("Administrator"). By accessing and using this Site, the user ("you", "your") is hereby agreeing to be legally bound by the terms and conditions of Administrator set forth herein. If you do not agree with all of the following terms and conditions, please do not use this Site. Administrator reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

1. Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to (a) immediately notify Administrator of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Administrator cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

2. Children

If you are under 18, you may use the Site only with involvement of a parent or guardian, consistent with our privacy policy.

3. Ownership Of Intellectual Property

All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names, including the "look and feel" of the Site (collectively, the "Material") on this Site are the property of Administrator and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Administrator hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of a duly authorized officer of Administrator. Use of Administrator's and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

4. Submissions

To the extent that portions of this Site provide users an opportunity to post, exchange, and/or upload information, ideas, options, content and materials ("Submissions"), please be advised that the Submissions do not necessarily reflect the views of Administrator. In no event shall Administrator assume or have responsibility or liability for any Submissions or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Submissions you provide, and all information contained in such Submissions, and that such Submissions shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

By sending Submissions to Administrator through this Site, you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information; (b) Administrator is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (c) Administrator shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (d) Administrator may have something similar to the Submissions already under consideration or in development; (e) your Submissions automatically become the property of Administrator without any obligation of Administrator to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Administrator under any circumstances.

Administrator reserves the right to edit, delete or refuse to post Submissions that violate the above rules of participation, as well as to revoke the privileges of users who do not comply with such rules. In particular, Administrator will terminate a user's access to the Site if it is determined that such user is a repeat infringer of other parties' copyrights.

5. Information For Copyright Owners

If you are a copyright owner or an agent thereof, and believe that any Submission, Material or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512 (c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material(s) 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 the service provider to locate the material(s); (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) 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, its agent, or the law; and (f) 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. The email address for Administrator's designated Copyright Agent to receive notifications of claimed infringement is jsok@jsokfilms.com. If you fail to comply with all of the requirements of this paragraph, your DMCA notice may not be valid.

6. Contest, Sweepstakes, Electronics Postcards And Other Activities 

Administrator provides rules of participation for certain activities on this Site including, without limitation, contests, sweepstakes and electronic postcards by Administrator and in conjunction with third parties. These Site terms and conditions are incorporated by reference to the specific rules of participation that appear in connection with information about a particular activity. To the extent that any conflict exists between these terms and conditions and specific rules of participation, the rules of participation for the activity in which you choose to participate shall govern.

7. Disclaimer and Limitation Of Liability

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADMINISTRATOR IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ADMINISTRATOR, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIAL CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY ADMINISTRATOR OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL ADMINISTRATOR LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

8. Links 

The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Administrator, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Administrator does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Administrator is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Administrator nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Administrator will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Site according to the requirements below and so long as the link does not portray Administrator, its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic, trade name, trademark, or service mark of Administrator or any of its affiliates as part of the link without the express, written consent of an authorized representative of Administrator.

Provided you strictly comply with the following linking requirements, you may link to, and not replicate, the Site, further provided that you:
Must not replicate the Content;
Must not, without the express prior written consent of an authorized representative of Administrator, imply that Administrator is sponsoring or endorsing any products or services of the linking website or otherwise;
Provide true and accurate information about Administrator;
Receive prior written consent from an authorized representative of Administrator to use any of its trademarks or other intellectual property. Notwithstanding anything to the contrary contained in these terms and condition, we reserve the right to deny permission to link to the Site for any reason whatsoever in our sole and absolute discretion.

9. Indemnification 

You agree to indemnify, defend and hold harmless, Administrator, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Administrator reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Administrator in asserting any available defenses.

10. Assignment 

We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Site or any part of the Site.

11. Miscellaneous

Unless otherwise specified, the Material on the Site is presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This Site is controlled and operated by Administrator from its offices within the State of New York, United States of America. Administrator makes no representation that Material on the Site is appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local and state laws, rules, codes and regulations if and to the extent such laws, rules, codes and regulations are applicable.
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. This applies to you and your successors.

JSOK Films
Attn: Jason Sokoloff 
202 West 107th street
Suite 6R
New York, NY 11229