Terms of Service
New User Agreement and Acceptance of Terms.
The following sets forth the terms and conditions (“Terms of Service”) that apply to your
use of the website: www.NALAFilms.com (the “Site”) offered to you by NALA Films,
LLC, its parent company, subsidiaries and affiliates (collectively, “NALA”). Please read
the Terms of Service carefully as they are an agreement between you and NALA. By
using this Site, you agree to the Terms of Service. If you do not agree to be bound by the
Terms of Service, please discontinue your use of this Site.
The Terms of Service may be updated from time to time. Your continued use of the Site
signifies your acceptance of the changes. The Terms of Service will always be available
to users of the Site ("Users") on this page. Also, when using free services offered
through third party service providers, you will be subject to terms posted by these third
party service providers. Use of this Site signifies your agreement to those additional
About our Services.
A). NALA Services. The services offered on the Site are presently provided free of
charge. NALA reserves the right to change the nature of this relationship at any time.
B). Service Limitations. We will do our best to make your experience with the Site a
pleasurable one. However, we cannot always foresee or anticipate technical or other
difficulties. These difficulties may result in loss of data, personalization settings or other
service interruptions. For this reason, you agree that the services provided on the Site,
including the services of our third party service providers, are provided "AS IS." NALA
and our third party service providers cannot assume responsibility for the timeliness,
deletion, failure to store or miss-delivery of any user data or personalization settings.
policy that is incorporated into the Terms of Service. Please take the time to read our
D). Children. If you, as the parent or legal guardian of a User under the age of 18
(“Minor”), have agreed to allow your Minor to use the Site, you agree that you shall
be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such
Minor's access to and use of the Site; and (c) the consequences of any use of the Site by
such Minor. Pursuant to 47 U.S.C. Section 230(d) as amended, NALA hereby notifies
you that parental control protections (such as computer hardware, software, or filtering
services) are commercially available that may assist you in limiting access to material
that is harmful to minors. Information identifying current providers of such protections
is available at the Electronic Frontier Foundation Web site, http://www.eff.org. To view
For the benefit of the Users of the Site, and to comply with applicable laws, we have a
few mandatory guidelines. We hope you will find them reasonable. Please understand,
though, that any conduct that violates these guidelines is grounds for termination of your
use of the Site. For this reason, we ask that you carefully read and follow them.
A). Obey the Law. You agree not to use the Site for illegal purposes or for the
transmission of material that is unlawful, harassing, libelous (untrue and damaging to
others), invasive of another's privacy, abusive, obscene, vulgar, profane, pornographic
or threatening, or that infringes the copyrights (rights of an owner of written material) or
other intellectual property rights of others.
B). Content Restrictions. All website design, text, graphics, the selection and
arrangement thereof, and all software that is part of the Site is protected by U.S. and
international copyright, trademark and other proprietary laws. The publication, sale,
or redistribution in any form or medium of text, photos, graphics, audio and/or video
materials or any other form of proprietary content found on the Site is strictly prohibited
without the prior written permission of NALA. Content that is publicly available on the
Site may not be stored in a computer, except for personal and non-commercial use.
C). Deny Access. NALA reserves the right to deny access to the entire Site or any portion
of the Site to any person in NALA’s sole discretion for any reason or no reason at all.
NALA is pleased to hear from Users and welcomes your comments regarding the
Site. NALA’s longstanding policy does not allow it to accept or consider creative
ideas, suggestions, or materials other than those it has specifically requested. We
hope you understand that the intent of this policy is to avoid the possibility of future
misunderstandings when projects developed by NALA, any of its affiliated entities, their
employees or agents might seem to be similar to creative works submitted by Users.
Accordingly, although we value your feedback, we must ask that you do not send original
The Site may provide, or third parties may provide, links to other websites and resources.
You acknowledge and agree that NALA is not responsible for the availability of
these outside resources, and does not endorse and is not responsible for any content,
advertising, products or other material on or available from such sites or resources. You
further acknowledge and agree that NALA shall not be held responsible or liable, directly
or indirectly, for any loss or damage caused or alleged to have been caused by use of
or reliance on any such content, goods or sites available on or through any such sites or
Dealings with Advertisers and Other Third Parties.
Your correspondence or business dealings with, or participation in promotions of,
advertisers or other third parties found on or through the Site and other terms, conditions,
warranties or representations associated with such dealings, are solely between you and
such advertiser or such third party. You agree that NALA shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers or such third parties on the Site.
A). Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. NALA EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
NALA MAKES NO WARRANTY THAT:
(i) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
(ii) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR
(iii) THIS SITE OR THE CONTENT RETRIEVED THROUGH IT ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
SITE IS RECEIVED AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, NALA DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE
OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN
ANY EVENT, NALA SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU
UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE,
YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT
THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU
ACCESS OR USE THE SITE.
NALA IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
MODEM, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY
INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY
BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR,
OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER
TECHNICAL OR OTHER MALFUNCTION.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
NALA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NALA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OF OR THE INABILITY TO USE THE SITE FOR ANY REASON;
(ii) ANY GOODS PURCHASED OR OBTAINED OR CONTENT RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(iii) STATEMENTS, CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE
(iv) ANY OTHER MATTER RELATING TO THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NALA IS NOT
RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY
THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S
RIGHTS, INCLUDING INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS. IF
YOU ARE DISSATISFIED WITH THE SITE, THE MATERIALS AVAILABLE ON
OR THROUGH THE SITE, OR WITH ANY OF THE TERMS OF SERVICE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THESE LIMITATIONS MAY NOT APPLY TO YOU.
B). Licenses. NALA grants you a personal, non-transferable and non-exclusive right
and license to use the object code of the software used in connection with the Site
(the "Software") on a single computer; provided that you do not (and do not allow any
third party to) copy, modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access to the
C). Copyrights and Trademarks. NALA respects the intellectual property of others,
and we ask our Users to do the same. All material on the Site, including, without
limitation, text, software, photos, video, graphics, music and sound, are protected by
U.S. and international copyright and other proprietary laws, both as individual works
and as a collection. The downloading or use of copyrighted content provided on the Site
is allowed for personal use only. In addition, all trademarks, service marks and trade
names used on the Site are the property of their respective owners and the same may not
be copied, downloaded or otherwise exploited without the permission of NALA or the
owner of such trademark, service mark or trade name.
amended) is deemed to be incorporated into these Terms of Service.
E). Indemnification. You agree to defend, indemnify and hold NALA, its service
providers and their officers, employees and agents harmless from any and all third party
claims, liability, damages, expenses and costs (including, but not limited to, reasonable
attorneys' fees) arising from your use of the Site, your violation of the Terms of Service
or your infringement of any intellectual property or other right of anyone. You will
cooperate as fully required by NALA in the defense of any claim. NALA reserves the
right to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and you will not in any event settle any claim without the prior
written consent of a duly authorized employee of NALA.
F). Modification. NALA reserves the right, in its sole discretion, to amend these Terms
of Service, and to modify, add or discontinue any aspect, content, or feature of the Site at
any time. Such amendments, modifications, additions or deletions shall become effective
immediately. Continued use of the Site by you shall constitute your binding acceptance
of any such amendments, modifications, additions or deletions. You agree that NALA
will not be liable to you or any third party for any modification or discontinuance of any
aspect of the Site.
G). International Users. NALA controls and operates the Site from within the State of
California, United States of America. NALA makes no representation or warranty that
the Site, or any content or other materials available on the Site, is appropriate or available
for use in other locations. Those who choose to access the Site from other locations do so
on their own initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
H). Additional Legal Issues. The Terms of Service constitute the entire agreement
between you and NALA and govern your use of the Site, superceding any prior
agreements between you and NALA. The Terms of Service and the relationship between
you and NALA shall be governed by and construed in accordance with the laws of the
State of California without regard to its conflict of law provisions. You and NALA agree
to submit to the personal and exclusive jurisdiction of the State and Federal courts located
in the county of Los Angeles, California. The failure of NALA to exercise or enforce
any right or provision of the Terms of Service shall not constitute a waiver of such right
or provision. If any provision of the Terms of Service is found by a court of competent
jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible,
to reflect the parties' intentions, and the other provisions of the Terms of Service shall
remain in full force and effect. 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 to the
Terms of Service must be filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the Terms of Service are for convenience
only and have no legal or contractual effect or significance. The Terms of Service are
personal to you and you may assign this agreement only with NALA’s prior written
approval. Any other attempt to assign, transfer or delegate these Terms of Service shall
be null and void. Any notices related to the Terms of Service need to be given in writing.
Notices may be provided to you by email. The Site may also provide indirect notice of
changes to the Terms of Service or other matters by displaying notices or links to notices
to you on the Site.
Last updated: 06/14/2011