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 terms.

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.

C). Privacy Policy. NALA respects your privacy and has developed a detailed privacy policy that is incorporated into the Terms of Service. Please take the time to read our Privacy Policy. By agreeing to the Terms of Service, you are also accepting the terms of our Privacy Policy.

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 information on our policy regarding the privacy of children, please see our Privacy Policy.

Guidelines.

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.

Submissions.

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 creative materials.

External Links.

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 resources.

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.

Additional Issues.

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 SITE; OR
(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 Site.

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.

D). Privacy. Please review our Privacy Policy. The information set forth therein (and as 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