Terms and Conditions

Terms of Use Agreement
Updated 03/29/2008

Welcome to our Web site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term "RedConnector", "us" or "our" refers to the operators, employees, volunteers and agents of this Web site, including but not limited to Mitchell Deoudes, the owner of the Web site. The term "you" refers to the user or viewer of our Web Site.

1. Your Acceptance

A. By using and/or visiting this website (collectively, including all content and functionality available through the RedConnector.com domain name, the "RedConnector Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) RedConnector's privacy notice, found at www.redconnector.com/privacy and incorporated here by reference. If you do not agree to any of these terms, or the RedConnector privacy notice, please do not use the RedConnector Website.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at www.redconnector.com/terms. RedConnector may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. RedConnector Website

A. These Terms of Service apply to all users of the RedConnector Website, including users who are also contributors of content, information, and other materials or services on the Website. The RedConnector Website includes all aspects of RedConnector.com, including but not limited to all products and services offered via the website.

B. The RedConnector Website may contain links to third party websites that are not owned or controlled by RedConnector. RedConnector has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, RedConnector will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve RedConnector from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the RedConnector Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. RedConnector Accounts

A. In order to access some features of the Website, you will have to create a RedConnector account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify RedConnector immediately of any breach of security or unauthorized use of your account.

B. Although RedConnector will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of RedConnector or others due to such unauthorized use.

C. Signing up for multiple accounts is prohibited. Accounts are limited to one per individual.

D. "Spamming," or mass solicitation of our user base is prohibited. Please use RedConnector only for legitimate hiring inquiries related to specific projects.

E. Violation of any of our stated Terms and Conditions and/or behavior deemed by us, in our sole discretion, as suspicious will result in account suspension.

4. General Use of the Website -- Permissions and Restrictions

RedConnector hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Postings (defined below), without RedConnector's prior written authorization.

B. You agree not to access User Postings (defined below) or RedConnector Content through any technology or means other than the pages of the Website itself, or other explicitly authorized means RedConnector may designate.

C. You agree not to use the content of Website for any commercial use, without the prior written authorization of RedConnector. Prohibited commercial uses include any of the following actions taken without RedConnector's express approval:

* sale of access to the Website or its related services on another website;
* use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
* and any use of the Website or its related services that RedConnector finds, in its sole discretion, to use RedConnector's resources or User Postings with the effect of competing with or displacing the market for RedConnector, RedConnector content, or its User Postings.

D. Prohibited commercial uses do not include:

* uploading original content to RedConnector to promote your business or artistic enterprise;
* any use that RedConnector expressly authorizes in writing.

E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the RedConnector servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, RedConnector grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. RedConnector reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website.

F. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.

G. RedConnector reserves the right to discontinue any aspect of the RedConnector Website at any time.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the RedConnector Website.

A. The content on the RedConnector Website, except all User Postings (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), may be owned by or licensed to RedConnector, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. RedConnector reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Postings solely:

* for your information and personal use;
* as intended through the normal functionality of the RedConnector Website

C. You may access RedConnector Content, User Postings and other content only as permitted under this Agreement. RedConnector reserves all rights not expressly granted in and to the RedConnector Content and the RedConnector Website.

D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Postings of third parties obtained through the Website for any commercial purposes.

E. You agree not to circumvent, disable or otherwise interfere with security-related features of the RedConnector Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the RedConnector Website or the Content therein.

F. You understand that when using the RedConnector Website, you will be exposed to User Postings from a variety of sources, and that RedConnector is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Postings. You agree to indemnify and hold RedConnector, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your User Postings and Conduct

A. As a RedConnector account holder you may submit visual and textual content ("User Postings"). You understand that whether or not such User Postings are published, RedConnector does not guarantee any confidentiality with respect to any User Postings. "User Postings" herein do not include screenplays or creative materials submitted to the RedConnector Filmmaker Competition. If you wish to submit a screenplay or other creative material to the RedConnector Filmmaker Competition, you must include an executed release covering your submission, as described in Section 9, below.

B. You shall be solely responsible for your own User Postings and the consequences of posting or publishing them. In connection with User Postings, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize RedConnector to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Postings to enable inclusion and use of the User Postings in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your User Postings. However, by submitting User Postings to RedConnector, you hereby grant RedConnector a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Postings in connection with the RedConnector Website and RedConnector's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the RedConnector Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the RedConnector Website a non-exclusive license to access your User Postings through the Website, and to use, reproduce, distribute, display and perform such User Postings as permitted through the functionality of the Website and under these Terms of Service.

D. In connection with User Postings, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant RedConnector all of the license rights granted herein.

E. RedConnector does not endorse any User Posting or any opinion, recommendation, or advice expressed therein, and RedConnector expressly disclaims any and all liability in connection with User Postings. RedConnector does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and RedConnector will remove all Content and User Postings if properly notified that such Content or User Posting infringes on another's intellectual property rights. RedConnector reserves the right to remove Content and User Postings without prior notice.

7. Account Termination Policy

A. RedConnector reserves the right to terminate a User's access for violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Posting or other content 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 physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* 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;
* Identification of the material 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;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* 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
* 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.

RedConnector's designated Copyright Agent to receive notifications of claimed infringement is: Mitchell Deoudes, 308 W. 40th St. Suite 3, New York, NY 10018. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to RedConnector customer service through the contact form at www.redconnector.com/contact. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

9. RedConnector Filmmaker Competition Submissions Policy

A. RedConnector does not accept any submissions of screenplays or other creative materials that are submitted without an executed submission release, either executed by electronic submission or completed and signed and submitted by mail. It is the policy of RedConnector not to accept or consider any creative materials, ideas, or suggestions other than those submitted through the official submission channels and accompanied by an executed submission release.

B. We therefore request that you don't send to us any original creative materials such as screenplays, stories, original artwork, photographs, movies, screening tapes, etc., unless you have completed and signed the appropriate submission release, and have included or sent us the fully executed release, or electronically executed the release via the electronic submission process. The release can be obtained and/or executed through RedConnector, or through partner sites providing submission services. Any communication or material you transmit to us, by electronic mail or otherwise, without an executed submission release will be treated as non-confidential and non-proprietary. Anything you transmit, or mail without a signed submission release may be used by us, without compensation, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. This does not extend to materials that are submitted with an executed submission release, which are protected as per the executed release.

10. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE REDCONNECTOR WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, REDCONNECTOR, ITS OPERATORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. REDCONNECTOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE REDCONNECTOR WEBSITE. REDCONNECTOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE REDCONNECTOR WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND REDCONNECTOR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

11. Limitation of Liability

IN NO EVENT SHALL REDCONNECTOR, ITS OPERATORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE REDCONNECTOR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT REDCONNECTOR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by RedConnector from its facilities in the United States of America. RedConnector makes no representations that the RedConnector Website is appropriate or available for use in other locations. Those who access or use the RedConnector Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

12. Indemnity

You agree to defend, indemnify and hold harmless RedConnector, its operators, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the RedConnector Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Postings caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the RedConnector Website.

13. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

14. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RedConnector without restriction.

15. General

You agree that: (i) the RedConnector Website shall be deemed solely based in New York; and (ii) the RedConnector Website shall be deemed a passive website that does not give rise to personal jurisdiction over RedConnector, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and RedConnector that arises in whole or in part from the RedConnector Website shall be decided exclusively by a court of competent jurisdiction located in New York. These Terms of Service, together with the Privacy Notice at www.redconnector.com/privacy and any other legal notices published by RedConnector on the Website, shall constitute the entire agreement between you and RedConnector concerning the RedConnector Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and RedConnector's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. RedConnector reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the RedConnector Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND REDCONNECTOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE REDCONNECTOR WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.