WORTHLESS STUDIOS INC. 

WEBSITE TERMS OF USE

Dated August 5, 2020 

These “Terms of Use” (“Terms”) explain the contractual relationship between you and Worthless Studios Inc., a New York 501(c)(3) not for profit organization (“Worthless Studios,” “us,” our” or “we”), regarding your use of, and access to, our websites located at https://www.worthlesssudios.org and https://www.thefreefilmproject.org respectively (collectively, the “Websites”) and the features and functionality thereof (the “Services”). These Terms, which include our Privacy Policy, govern your access to and use of the Websites, Services and Worthless Studios Content (as defined below), and constitute a binding legal agreement between you and Worthless Studios.     

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITES OR SERVICES, OR BY DOWNLOADING OR PROVIDING ANY WORTHLESS STUDIOS CONTENT FROM OR THROUGH THE WEBSITES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

1. Service

The Websites and Services enable persons (“Users”) to access information about our company and its fundraising services.

2. License

  • Grant. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Websites and Services on a computer, tablet device or mobile phone that you own or lawfully control.  With respect to Third-Party Content (as defined below), access and use of such content shall be governed by the third party’s terms and policies applicable to such Third-Party Content.  

  • Ownership. All materials contained on, in, or available through the Websites and Services, including all photographs, images, graphics, the selection and arrangement thereof, information, data, text, sound, and all source code, software compilations, and other materials (collectively, the “Worthless Studios Content”) are protected by copyright, trademark, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof associated with the Worthless Studios Content, whether registered or not, are our sole property or the property of third parties. The Worthless Studios Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Websites or Services, any ownership rights in the Worthless Studios Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Websites or Services, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern.

  • Limitations. You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Websites or Services. You may not copy (except as expressly permitted by these Terms) or publish the Websites for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Websites or Services, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Websites, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Websites or Services in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.

3. Eligibility

You represent and warrant that: (i) you are at least eighteen (18) years old, (ii) you have the right, capacity and authority to be bound by these Terms, and (iii) you will abide by all these Terms. 

4. Jurisdiction

The Websites and Services are controlled and operated by Worthless Studios, alone or jointly with our service providers, from the United States and are not intended to subject Worthless Studios or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Worthless Studios does not represent or warrant that the Websites or Services or any part thereof are appropriate or available for use in any jurisdiction other than the United States.   

5. Access

There is no charge to access and browse the Websites and/or Services. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Services, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Websites may be upgraded from time to time to add support for new functions and services.

6. Donations, Fundraising, Purchasing

If you would like to help support the fulfillment of our mission on the Websites, you may: 

  • Donate via our Websites by clicking on the “Donate” buttons.

  • Purchase items made available through our online store, you may do so via by clicking the “Shop” button. 

Donations are tax deductible, subject to all applicable tax laws and shall be used in furtherance of our mission.

Purchases made through the Shop are non-refundable, non-exchangeable. 

7. Participation in a FREE FILM PROJECT

If you would like to register to participate in a Free Film Project, you may do so by clicking “Sign Up to Participate” button and completing the application and Photographer License. The terms of the Photographer License can be reviewed here and are applicable to any participation by you in any Free Film Project.

8. Rules of Conduct

In connection with your use of the Websites and/or Services, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Services any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Services for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other Users; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Services, obtain or accumulate personal information about other Users, or collect or store personal data about other Users; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other Users; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Services in any manner that in our sole judgment, adversely affects the performance or function of the Services or interferes with the ability of other Users to access or utilize the Services; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Services only for purposes that are in strict compliance with (a) the Terms and the license granted hereunder, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.

9. Suspension

We reserve the right to suspend or cease providing the Websites and/or Services, with or without notice, and we shall have no liability or responsibility to you if we do so.

10. Third Party Content

The Websites and Services may contain links to other websites, or content including graphics and photos, that are owned or operated by third parties and may be of interest to our Users (collectively, “Third Party Content”). Worthless Studios does not investigate or monitor Third Party Content, and therefore is not responsible or liable for the same. When you use a link to go from our Websites to a third-party website, these Terms and our Privacy Policy are no longer in effect. We encourage users to read and consider the policies of these other websites and apps before using them. 

11. Disclaimer of Warranties

THE WEBSITES, SERVICES AND WORTHLESS STUDIOS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES, SERVICE PROVIDERS, AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE WEBSITES, SERVICES AND WORTHLESS STUDIOS CONTENT; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE WEBSITES, SERVICES AND WORTHLESS STUDIOS CONTENT; AND (iii) REGARDING THE PROVISION OF THE SERVICES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITES, SERVICES AND WORTHLESS STUDIOS CONTENT, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE WEBSITES, SERVICES AND WORTHLESS STUDIOS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITES OR SERVICES WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITES AND SERVICES.

12. Limitation of Liability

IN NO EVENT WILL WORTHLESS STUDIOS OR ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (I) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITES, SERVICES AND WORTHLESS STUDIOS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (II) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITES OR SERVICES. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL WORTHLESS STUDIOS’ AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITES, SERVICES AND WORTHLESS STUDIOS CONTENT EXCEED THE AMOUNT OF $25.00 U.S. DOLLARS.

13. Indemnification

By using the Websites or Services, you agree to defend, indemnify and hold us, our affiliates, partners Providers, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Websites, Services or Worthless Studio Content or the creation, placement or transmission of any message, information, software or other materials through the Websites or Services by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York, New York County for any action arising out of or relating to these Terms. 

15. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Websites and Services, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

16. Copyright Infringement

We respect the intellectual property rights of others, and require that people who use the Websites and Services do the same.  It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.  For more information, please see our DMCA Policy. 

17. Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

18. Amendment to Terms

Worthless Studios may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Websites. You are responsible for regularly reviewing these Terms. Your continued access and use of the Websites and Services following such posting constitutes your consent to be bound by any amended Terms.

19. General

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via (i) email to team@worthlessstudios.org  or (ii) by writing to us at Chief of Staff, worthless studios INC., 350 Canal Street, Suite 1787, New York, New York, 10013.

If you have any questions regarding these Terms or the Websites or Services, please contact us at team@worthlessstudios.org.