Terms and Conditions of Use

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

This Agreement sets forth the terms of use for the website operated by Latin American Film Center, Inc. (“LAFC,” “we,” “us,” or “our”) at www.lafcnyc.org and any applications related thereto (the “Site”). To the extent that LAFC utilizes a platform such as that of DonorTiles or a similar platform or website for purposes of fundraising or otherwise, such platform or website shall be deemed to be included within the Site except to the extent controlled by DonorTiles or other operator of such platform.  From time to time LAFC may have affiliated entities (“Affiliates”) that focus on activities related to LAFC, such as the holding real estate interests or the furnishing of related services.  We reserve the right to change, modify, add or remove portions of this Agreement at any time. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, via posting on the Site. Your continued use of the Site after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications.

PRIVACY POLICY

Our Privacy Policy is a part of this Agreement and is incorporated herein by this reference. Click here to view our Privacy Policy.

SCOPE OF USE

We invite you to view, use and download a single copy of the Site for your informational, personal, non-commercial use. Except as otherwise provided herein, no part of any materials, information, software, products or services included in or available through the Site may be copied, downloaded, or stored in a retrieval system, nor may the same be redistributed for any purpose, without our express written permission.

COMPLIANCE WITH LAWS

You agree to comply with all laws, rules and regulations applicable to your use of the Site.

TRADEMARKS

“LAFC Trademarks” means “Latin American Film Center,” “LAFC” and all other trademarks, service marks and other commercial symbols used in connection with us or our Affiliates’ business. All LAFC Trademarks are the exclusive property of LAFC, our Affiliates or our third-party licensors. This Agreement does not authorize you to use any LAFC Trademark, and you agree not to use any LAFC Trademark in any manner without our prior written consent, which consent may be withheld at our sole discretion. Unauthorized use of any LAFC Trademark may be a violation of federal and state trademark laws.

COPYRIGHT

The Site is protected by U.S. copyright laws and international treaties. All of the content featured or displayed on the Site (“Content”) is the copyrighted property of LAFC, our Affiliates or our third-party licensors and/or its Content providers. Except for your informational, personal, non-commercial use as authorized above, you may not use, modify, reproduce, distribute, transmit, republish or display the content, design or layout of the Site, or any components thereof, without our express written permission. 

All elements of the Site, including without limitation the design and the Content, are protected by copyright, trademark and other laws relating to intellectual property.  The Content owned by LAFC (i.e., all design elements, text, graphics and arrangements) is licensed to the public through the Creative Commons Attribution 4.0 International license.  This license allows users to download Content owned by us (that is not specifically restricted) from the Site and to share it, adapt it, transform it and build upon it for any purpose, so long as any such use:  (a) includes appropriate credit to LAFC; (b) contains a link back to www.lafcnyc.org as the original source of the work and a link to the Creative Commons Attribution 4.0 International license; and (c) indicates if changes were made to the original Content.  Except as authorized under copyright law, you are responsible for obtaining permission to use any Content owned by any party other than LAFC.  This includes most photographs, illustrations and videos present on the Site, which are licensed by LAFC from third parties and come with limited rights that do not allow us to make them available via a Creative Commons license.  You shall comply with all applicable law regarding your use of the Site.  You will not remove any copyright, trademark or other proprietary notices from material found on the Site.

USER SUBMISSIONS

Certain areas of the Site may enable you to post content, submit emails, or otherwise provide feedback or other information to us.

YOUR PROVISION OF PERSONAL INFORMATION TO LAFC

When you provide information about yourself to us, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the Site and refuse any and all current or future use by you of the Site or any portion thereof.

USER CONTENT ON THE SITE

You understand that all information, data, or other materials that are posted on or transmitted in connection with the Site by you or another user (“User Content”) are the sole responsibility of the person from whom such User Content originated. This means that you, and not LAFC, are responsible for all User Content that you upload, post, email, transmit or otherwise make available in connection with the Site. We do not control the User Content posted and, as such, do not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available in connection with the Site.

YOUR CONDUCT

In connection with your use of the Site, you agree not to:

A. upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; or harms minors in any way;

B. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

C. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted in connection with the Site;

D. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

E. upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

F. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

G. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

H. interfere with or disrupt the operation of the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or collect or store personal data about other users.

Although we do not pre-screen User Content, we have the right, but not the obligation, to delete or move any User Content for any reason. Without limiting the foregoing, we have the right to remove any User Content that violates this Agreement.

THIRD-PARTY LINKS

From time to time, the Site may contain links to websites that are not owned, operated or controlled by LAFC. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. We are not responsible for any content, materials or other information located on or accessible from any other website, nor any products or services that you buy from any other websites or any donations made through any other websites. We do not endorse, guarantee or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites or how any donations you make through such websites will be used. If you decide to access any other websites linked to or from the Site, you do so entirely at your own risk.  Anything in the foregoing to the contrary notwithstanding, LAFC collaborates with DonorTiles, whose website (www.donortiles.com) is used for processing donations to LAFC, pursuant to an agreement between LAFC and Pin4Life LLC dba DonorTiles.

POSTINGS ABOUT FILMS AND THEIR CONTEXT

Informational material that appears on the Site regarding films that may be shown by LAFC or which are related thereto, such as films by the same director, or information about the historical, cultural, economic or social background or context of such films, may be User Content or may be generated or posted by LAFC itself.  Such material may include film reviews or articles about the films or such background or context.  Such information is intended to help enrich the viewing experience of those who may attend screenings of films at LAFC, but LAFC does not warrant or guarantee the accuracy or truthfulness of any such material, which in many cases will represent the opinions of people from a variety of backgrounds.  It is the hope of LAFC that the substance of such materials can be the subject of discussions and conversations in a variety of forums.  With respect to such materials that are User Generated Content, please also see the section entitled “User Content on the Site”.

YOUR GRANT OF LIMITED LICENSE

By posting or submitting User Content to the Site, you grant to us and to our Affiliates the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the User Content in any form, anywhere and for any purpose, subject to our Privacy Policy. You represent and warrant that you own or otherwise control all rights in and to any such User Content, and that public posting and use of your User Content by us will not infringe or violate the rights of any third party.

REGISTRATION AND PASSWORDS

The Site may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the Site. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password.

DISCLAIMER OF WARRANTIES

THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LAFC AND ITS AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL LAFC OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF LAFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify and hold harmless LAFC, our Affiliates, and our respective employees, contractors, agents, officers, and directors from all liabilities, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to any User Content you submit, post, transmit or make available through the Site, your violation of this Agreement, or your violation of any third party rights.

PROHIBITIONS ON FRAMING AND/OR POSTING

Visitors are prohibited from (i) framing and/or linking to any portion of the Site other than the content expressly made available to visitors for that purpose; (ii) posting banners, advertising or other links on the Site pages; or (iii) using any Content or site logos for purposes beyond personal use, without the express written permission of LAFC. Written requests for framing, site postings, advertising or Content usage should be sent to info@lafcnyc.org.

Visitors may encourage others to access the information appearing on the Site or available through other electronic devices. You may also link to our homepage from another site or electronic communications, as long as the link does not imply or state any affiliation, connection, sponsorship or approval by LAFC. You may not bypass registered areas of the Site and hyperlink to protected pages.

ELECTRONIC COMMUNICATIONS

When communicating to us electronically through the Site or via email, any personal information transmitted to us will be protected in accordance with the LAFC Privacy Policy.

While we appreciate your communications, LAFC cannot guarantee that it will respond to your messages.  When you submit non-personal information to us, you agree that LAFC has the right to publish, use, copy, store and distribute the material for any use, including promotional and advertising purposes, without liability or restriction.  We assume no obligation to limit the use of or to protect any such non-personal information from disclosure.

LAFC does not accept unsolicited submissions for its screenings, sites and other products.  You agree not to make any such submissions to LAFC through the Site or otherwise including story ideas, character ideas, plot suggestions, set or costume designs, or scripts.  Notwithstanding the foregoing, if, in breach of these Terms and Conditions of Use, you do send us a submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.

INTERACTIVE AREAS

We may provide access to interactive areas on the Site, such as chats and discussion boards, user content areas and talk forums (collectively identified as “Interactive Areas”). These Interactive Areas are public areas and may be owned, operated and/or managed by entities other than LAFC. These entities may share transcripts of Interactive Areas with LAFC, its Affiliates and other third parties.

Visitors must follow all posted guidelines for Interactive Areas. To the extent there is a conflict between the rules of an Interactive Area and the Terms and Conditions of Use herein, the rules of the Interactive Area will govern.

LAFC reserves the right, in its sole discretion, to remove any content, chats, discussion boards or any other content posted through the Services.

Postings are the responsibility of the person from whom such postings originate. You represent and warrant that you are the owner of, have the right to provide, and are responsible for any information, materials or images that originate from you or your account and that are emailed, posted, uploaded, transmitted or otherwise made available for access, viewing or use over the Site, in Interactive Areas or through other electronic devices. You grant LAFC and its Affiliates an irrevocable, royalty-free, perpetual, non-exclusive right to use, copy, display, modify, edit and create derivative works from and to distribute any information that you post, upload or transmit in or through the Interactive Areas.

Submissions or postings to Interactive Areas, without limitation, will be made public unless we determine otherwise in our sole discretion. If a posting, message or other transmission originates from you or your account, you hereby understand and agree that you are placing the posting in the public domain, and you represent and warrant that the posted or transmitted information (i) is not unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) does not violate any patent, trademark, trade secret, copyright or other proprietary rights of any person; (iii) does not contain unauthorized advertising or solicit other visitors; (iv) does not interrupt, destroy or limit the functionality, integrity or operation of any software, hardware or Content; (v) that the posting does not violate or breach these Terms and Conditions of Use; (vi) is for noncommercial purposes and is not intended to promote or generate revenue for any business enterprise or commercial activity; and (vii) does not reveal plot points or other “spoiler” elements related to any LAFC programming. Visitors also expressly agree not to use Interactive Areas to make available any information or content that violates the restrictions contained above or that disrupts or incites others to violate our standards, any laws or these Terms and Conditions of Use.

For increased security, we encourage you to not include any personal information about yourself or others in Interactive Areas, such as name, phone number, email or street address. You should always use a screen name or other alias (other than your real name) to identify yourself in any public or Interactive Areas.

LAFC, its Affiliates and any content providers that conduct, operate and/or manage Interactive Areas will not be responsible or liable for the actions or postings of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in Interactive Areas. Postings to Interactive Areas may not be reviewed by LAFC prior to appearing publicly.  LAFC reserves the right, but has no obligation, to change, delete or remove, in part or in full, any postings made available through the Services or in Interactive Areas. LAFC may also terminate or suspend access to such areas for conduct that we believe interferes with other people’s enjoyment, violates applicable laws and/or these Terms and Conditions of Use.

FORWARD-LOOKING STATEMENTS

Forward-looking statements by LAFC on the Site reflect only our expectations regarding future events and operating performance and necessarily speak only as of the date the information was prepared. No guarantees can be given that our expectations will in fact be realized, in whole or in part. You can recognize these statements by our use of words such as, by way of example, “may,” “will,” “expect,” “believe,” and “anticipate” or other similar terminology.

These forward-looking statements reflect our expectations after having considered a variety of risks and uncertainties. However, they are necessarily the product of internal discussion and do not necessarily completely reflect the views of individual members of our Board of Directors or of our management team. Individual Board members and individual members of our management team may have different views as to the risks and uncertainties involved, and may have different views as to future events or our operating performance.

Among the factors that could cause actual results of LAFC to differ materially from those expressed in or underlying our forward-looking statements are the following:

  • Our ability to successfully build or refurbish a theater to house the planned film center, and to launch operations there, within a reasonable period of time;
  • The number and attractiveness to moviegoers of the films to be screened by LAFC;
  • The amount of money spent by film distributors to promote their motion pictures;
  • The licensing fees and terms required by film distributors from motion picture exhibitors in order to exhibit their films;
  • The comparative attractiveness of motion pictures as a source of entertainment and willingness and/or ability of consumers (i) to spend their dollars on entertainment and (ii) to spend their entertainment dollars on movies in an outside the home environment;
  • The extent to which we are able to establish arrangements with Latin America and Caribbean studies programs and film programs in the New York metropolitan area that will support our operations;
  • The extent to which we encounter competition from other cinema exhibitors, from other sources of outside of the home entertainment, and from inside the home entertainment options, such as “home theaters” and competitive film product distribution technology such as, by way of example, cable, satellite broadcast, DVD and VHS rentals and sales, and so called “movies on demand;”
  • Our ability to obtain charitable contributions to support our operations;
  • The availability and cost of labor and materials; and
  • Competition for development sites and tenants.

The above list is not necessarily exhaustive, as financial prospects of any organization are by definition unpredictable and risky, and subject to influence by numerous factors outside of our control such as changes in government regulation or policy, competition, interest rates, supply, technological innovation, changes in consumer taste and fancy, weather, and the extent to which consumers in our markets have the economic wherewithal to spend money on beyond-the-home entertainment.

Given the variety and unpredictability of the factors that will ultimately influence our activities and our results of operation, it naturally follows that no guarantees can be given that any of our forward-looking statements will ultimately prove to be correct. Actual results will undoubtedly vary and there is no guarantee as to how ourorganization will perform either when considered in isolation or when compared to other organizations or organizational opportunities.

Finally, please understand that we undertake no obligation to publicly update or to revise any of our forward-looking statements, whether as a result of new information, future events or otherwise, except as may be required under applicable law. Accordingly, you should always note the date to which our forward-looking statements speak.

Additionally, certain of the presentations included in our annual report may contain “pro forma” information or “non-GAAP financial measures.” In such case, at our discretion a reconciliation of this information to our GAAP financial statements will be made available in connection with such statements.

CHOICE OF LAW AND JURISDICTION

This Agreement shall be governed by the law of the State of New York. Every dispute concerning the interpretation or effect of this Agreement and/or your use of the Site must be resolved in the state or federal courts situated in the State of New York. You agree to the personal jurisdiction, subject matter jurisdiction and venue of these courts.

EQUITABLE RELIEF

You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.

ATTORNEYS’ FEES

In addition to any other relief, the prevailing party in any action arising out of this Agreement shall be entitled to attorneys’ fees and costs.

SEVERABILITY

If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

WAIVER

Any waiver by us of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Any waiver must be in writing. Failure by us to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of this Agreement.

TERMINATION

We reserve the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement.

QUESTIONS

If you have any questions about this Agreement, you can contact us as follows:

You can send your request for information via info@lafcnyc.org 

You can send your request for information to the following postal address: 

Latin American Film Center, Inc.

c/o John E. Rogers

830 3rd Avenue, 2nd Floor

New York, New York 10022

Last update: December 20, 2016