Terms & Conditions

Ceresfilmfestival.org

Welcome to https://www.ceresfilmfestival.org/ (the “Website”) and operated by or for Palms for Life Fund LLC, a Delaware limited liability company located at 136 Longvale Road, Bronxville, NY 10708. (“CFFF”, “we”, “our”, or “us”). The Website is intended to enable visitors to the Website (“you” or “your”) to view and learn about us and our films.

1. Use. Please read these terms of use (the “Agreement”) carefully before accessing the Website. By accessing the Website, you acknowledge and agree that you have read this Agreement, are at least eighteen (18) years of age, and wish to be bound by the terms and conditions set forth in the Agreement. If you are not at least eighteen (18) years of age or do not wish to be bound by the Agreement, you are not authorized to use this Website. Additional terms and conditions may apply to certain portions of the Website, and your use of such portions of the Website indicate your agreement to such terms and conditions. CFFF reserves the right to modify the Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications. You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Modified” at the end of this Agreement. If you do not agree to abide by any modified version of this Agreement, you are not authorized to use this Website. A current version of the Agreement is accessible via the footer of the Website’s homepage.

2. User Accounts.

2.1 User Registrations; Accurate Information. In order to make use of certain functionality on the Website and/or purchase our products, you may need to create a user account on the Website (“Account”). You agree to provide us with accurate, complete and current information at all times.

2.2 User ID; Password. Website users who create an Account will obtain a user ID and password (“Profile”). You agree not to allow any third party to use your Profile to access the Website and to safeguard the information that would allow another person or entity to access the Website by using your Account. You agree to be responsible for their failure to safeguard such information and/or to allow any other person or entity to access the Website by using your Profile or otherwise by using your Account. No part of a Profile or Account may be transferred or sold to another party by you. You agree to notify CFFF immediately of any unauthorized use of your Profile, Account or the Website. You agree that CFFF shall not be liable for any loss that results from the unauthorized use of your Profile or Account, either with or without such your knowledge.

2.3 Revocation of User Accounts.. You agree that CFFF has the right to cancel your account and/or revoke your Profile for any reason at any time, in our sole discretion, and you agree that CFFF shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.

3. Copyright. All content contained on the Website, including but not limited to video, clips, photographs, text, graphics, logos, icons, images and software (collectively, “Content”), is the property of CFFF, its affiliates and/or their respective licensors and is protected by U.S. and/or international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the Website is strictly prohibited, however, you may print copies of any Content or portion thereof contained on the Website for your personal use only. If you use material appearing on the Website contrary as set forth in the Agreement, you may be liable for infringement, misappropriation or other causes of action to the fullest extent of the law.

4. Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of CFFF or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits us.

5. Purchases. 

5.1 Products. Tickets to shows and other products are offered for sale through the Website. In the event you wish to purchase any of these products, you will be asked by CFFF or an authorized third party on CFFF’s behalf to supply certain information to us, including without limitation, your full name, address and credit card information. You agree to provide us or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any ancillary agreement that you may enter into which governs your purchase of such product or service. You shall be responsible for all charges made under your Profile as well as for paying any applicable taxes.
5.2 Payment. Your right to any product that is available for purchase through the Website is conditional on our receipt of the appropriate payment for such product. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order and/or suspend or terminate your account.
5.3 Risk of Loss. You acknowledge and agree that your only remedy for failures, delays or interruptions with respect to the ordering of and delivery of products ordered by you through the Website is limited to a refund for such products, in CFFF’s sole discretion. All products ordered through the Website are acquired by you “as is” and “where is”.
5.4 Product Descriptions. We attempt to be as accurate as possible in describing products (including pricing) offered for purchase through the Website; however, we do not warrant that all such descriptions are complete, current or error-free.
5.5 Returns. If you have purchased a product offered through the Website that you wish to return to us, please contact us in accordance with Section 14 below.

6. Links. CFFF and/or third parties may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that CFFF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.

7. DISCLAIMER OF WARRANTIES.

7.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. CFFF DOES NOT MAKE ANY REPRESENTATION OR WARRANTY (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE, OR (ii) GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE. CFFF IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE WEBSITE. THE WEBSITE IS PROVIDED TO YOU "AS IS" AND CFFF MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, CFFF DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
7.2 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL CFFF BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE OR CAUSED BY YOUR CONDUCT. CFFF DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

8. LIMITATION OF LIABILITY.

8.1 IN NO EVENT SHALL CFFF BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. CFFF’S OR ITS AFFILIATES AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO THE WEBSITE OR THIS AGREEMENT IS LIMITED TO $1,000.
8.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 7 OR 8 HEREOF MAY NOT APPLY TO YOU.

9. Indemnification. You agree to indemnify, defend and hold CFFF harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

10. Commercial Use. Aside from purchase made by you through the Website, you acknowledge and agree that the Website may not be used by you directly or indirectly in connection with any commercial endeavors.

11. Privacy. CFFF is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable and other information in connection with the Website is described in our Privacy Policy, which can be found at http://www.tribecafilm.com/privacy.

12. Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

13. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by CFFF, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, along with any other terms and conditions regulating use of the Website, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement and any ancillary terms and conditions will survive termination or expiration to the extent necessary to carry out the intentions of the parties.

14. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at ceres@palmsforlife.org.

Submissions

By submitting a film to CFFF, am I assigning ownership to the Festival? Or does it mean that I can’t submit my work for screening anywhere else?

When you submit your film to CFFF, you are granting CFFF a non-exclusive license to screen your film to the public online as well as at other events we organize, such as schools screenings, conferences and fundraisers. 

A non-exclusive license basically means that you are giving us permission to screen your film online at these events. There are no restrictions on your ability to submit your work to any other festival or to do anything else with the film. You retain absolute ownership of your film.

Does CFFF have any other rights to use our film? 

By submitting a film to CFFF, you also grant CFFF a license to screen any part of your film for promotional and marketing purposes. This may include taking excerpts of the film to make a trailer, using still images for our program and making a copy of the film for judges or speakers.

Here are a few things we can’t do: CFFF can’t pass on, or give rights to other organizations to screen your film without your permission. CFFF can’t directly make money from screening your film in a context outside the Festival.

What else do I have to do before submitting a film? 

When you submit a film, you’re saying that you have the authority to give us a license to screen the film and that you have obtained all the necessary permissions and consents from the people who may have rights in elements of the film. Before submitting your film, you will need to make sure that you have written permission to, for example, use all the music that features in your film. 

  1. Sponsor.  The Sponsor of this Festival is Palms for Life Fund, Inc., a nonprofit 501(c)(3) charitable organization.  The Sponsor’s website, containing its contact information, mission statement and other information about the Sponsor, is  www.palmsforlifefund.org. 

    The Sponsor reserves the right to cancel the Festival, and award no prizes if, within the sole discretion of the Sponsor, it has not received a reasonable number of entries having sufficient merit in accordance with these Official Festival Rules and Terms.

  2. The Entries

    ·  Entrants must own all legal copyrights to their submitted film entries. If any winners are selected, they will be required to sign an Affidavit of Eligibility certifying, among other things, that (a) the film submitted is the winner’s original work, (b) he/she holds all rights to the entry, and (c) the entry has not been previously published or won any other prizes or awards. 

    ·  Entrants need to obtain all necessary Photo Releases legally granting the filmmaker the right to use all personal images found in the film (see our site for Photo Release form).  Selected/shortlisted filmmakers of this Festival will be required to e-mail Photo Releases and a link to a digital download of the film to ceres@palmsforlife.org.

    ·  No entry may defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. 

    ·  Modifying, enhancing or altering a third party’s pre-existing work does not qualify as entrant’s original creation. 

    ·  Entry may not be offensive, as determined by the judges in their sole discretion. 

    ·  If submitted film has had any commercial distribution or broadcast within the United States, the filmmaker must specify this in the submission.

    ·  When applicable, stock footage and photographs are permitted but cannot account for more than half of the footage used. Participants must have all rights to the stock footage and include a release that states this.

    ·  Any type of video or film camera may be used.

  3. Submission Period.  Entrants may submit their videos all year as the submissions are on a rolling basis.

  4. How to Enter. Submit your film using this form on our site or via FilmFreeway. With the sole exception of the Affidavit of Eligibility, do not send original documents.  The Sponsor will not return any document, film or submission of any kind to the sender.

  5. Winners.  Before receiving any prize, each prize winner (or the winner’s parent or legal guardian if the winner is a minor under applicable state law) must submit an original, signed and notarized Affidavit of Eligibility.

  6. Sponsor’s License to Use All Entries: Festival applicant shall remain the owner of his/her/their submitted film and may use the submitted film without restriction for other purposes, provided that the Sponsor is hereby granted a non-exclusive, perpetual, worldwide license (“Sponsor License”) to use any film entered into this Festival in the Sponsor’s sole discretion and for any purpose.  If asked by the Sponsor, entrants will be required to execute a licensing agreement confirming the Sponsor License.  Failure to execute such an agreement upon request will result in disqualification of the entrant.   

  7. Notice to Entrants.  Any attempt by an individual to deliberately damage any web site or undermine the legitimate operation of this festival is a violation of criminal and civil laws, and should such an attempt be made, sponsor reserves the right to seek damages from any such individual to the fullest extent permitted by law. If for any reason this Festival is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, uploads of malicious files or viruses, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Festival, including but not limited to acts of God, natural disaster, extreme weather conditions, terrorism, or similar force majeure, the Sponsor reserves the right, at its sole discretion, to disqualify any entry or any individual who tampers with the entry or voting process, and to cancel, terminate, modify or suspend the Festival and select winners using all eligible, non-suspect entries and/or votes received as of the date of termination. 

    Under no circumstances shall the Sponsor have any responsibility for unavailable network connections; failed, incomplete, garbled or delayed computer transmissions, online failures; hardware, software or other technical malfunctions or disturbances; or any other communications, failures or circumstances affecting, disrupting or corrupting the promotion in any manner.  If the Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events outside Sponsor’s control compromise the integrity or viability of the promotion, Sponsor reserves the right to void the entries at issue and/or terminate the Festival.  In the event of termination, a notice will be posted online and there will be no judging of the entries received.  Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the right to prohibit the participation of any individual if the entrant fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. 

  8. Dates and Deadlines.  Dates and deadlines stated in these Official Rules are subject to change by the Sponsor without notice.