Terms of Service

CFF 2024

These Terms and Conditions may change without notice. By continuing to use the Platform, you agree to the current version.

In General

Chattanooga Film Festival (“CFF”) owns and operates this Website.  This document governs your relationship with CFF as it relates to the Virtual Chattanooga Film Festival 2024 (“Website,”  “Site,” or “VCFF”). Access to and use of VCFF are subject to the following terms, policies, rules, conditions, disclaimers, and notices (the "Terms "). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Your use of the Site is subject to our Privacy Policy, which may be accessed here.

VCFF is a virtual film festival that allows badge holders to access the festival, screen films, watch original Content, and interact with filmmakers and other badge holders. 

USE OF THIS SITE AND ATTENDANCE AT VCFF

Your attendance at VCFF through access to this Site is permitted on a temporary basis, and we reserve the right to withdraw access without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. CFF is not liable for your inability to use the Website for any reason or for any revenue lost as a result of being unable to use the Website.

This Site may contain links to other Websites (the "Linked Sites"), which are not operated by CFF. CFF has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such Site.

Additionally, CFF has partnered with certain Third Parties to bring you VCFF. Your use is contingent upon use of the Third Parties technology and Terms of use, which may change at any time and access may be revoked or limited.

Linking to this Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Website that is not owned by you. This Website must not be framed on any other Site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

YOUR USE OF THE SITE

Permitted Use
You must be 18 to attend VCFF or otherwise participate (with the purchase of a badge) under the supervision of a badge holder over the age of 18.

Your participation and attendance at VCFF is contingent upon proper use of this Site. You agree that you will always use the Site and VCFF in accordance with these Terms and not for any improper or illegal purpose. 

You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and CFF will report any such breach to the relevant law enforcement authorities and disclose your identity to them. See Improper Use of the Platform or Services for more details.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Certain Third Party Providers impose additional Terms and conditions of use set forth elsewhere herein.  Your use of Content from those Third Party Providers is also subject to those Terms and conditions of use and you forever hold CFF harmless from any and all claims, obligations, and/or liability arising in connection with the use of any Content, materials and information provided by any Third Party Provider.

CFF uses Third Party payment processors which are responsible for securely processing your payment and CFF is not liable for security breaches of the Third-Party processors. Details of information collected and processed when making payment are included in our privacy policy at chattfilmfest.org/privacy.

Improper Use of the Site.
In addition to the above restrictions, it is improper for any participant in VCFF through the Site to engage in any of the following conduct:

  • Breach or violate any federal, state, or local law, regulation, ordinance, code, court order, or injunction.

  • Post false, inaccurate, or misleading information.

  • Post any defamatory, libelous, untrue, malicious, derogatory, or reckless information about any person or entity, this includes unduly derogatory or disrespectful comments or statements regarding any of the films, filmmakers, panelists, other badge holders, or any other participant in VCFF. 

  • Identify yourself as a part of CFF, or an authorized representative, or in any way that would create confusion as to whether you are employed by or are an agent of CFF. This includes in listings on the Site, on social media, in your names or handles on social media, domain names, or any other means of identification. You may not reference CFF on any images or logos or create any image or logo that creates or implies an association with CFF or any special connection or authorization with CFF. This section does not include any authorized seals or logos that CFF may choose to distribute to selected and approved accounts. 

  • Use your access to the Platform and Site to copy, reproduce, or reverse engineer any of CFF’s copyrighted, patented, trademarked, or proprietary material or trade secrets (“Intellectual Property”) to create any competition, clone, similar Site, or in any way use that information to the detriment of CFF or for your own benefit. 

  • Harm CFF or its brand in any way, including making false or derogatory statements about CFF, the Platform, or its users, to any Third Party. 

  • Using a false name to register for an account, or register for an account on behalf of someone other than yourself. 

  • Fail to pay for a badge or otherwise circumvent a paywall. 

  • Steal or attempt to steal any of the VCFF Content including films (see below). 

  • Transfer your badge to another person without the permission of CFF.

  • Circumventing disqualified or banned accounts by creating additional accounts with the same or different information, if the purpose is to avoid the disqualification or other discipline. 

  • Engage in hateful or hurtful speech. VCFF is a safe space for filmmakers and film lovers to create a positive community to enjoy films and filmmaking and to build relationships. Any hateful, hurtful, or offensive speech or actions will not be tolerated. This includes physical harm, verbal abuse, sexual assault, unwanted sexual advances, derogatory comments, hate speech, insults, nonverbal threatening conduct, stalking or harassing, any form of bullying or cyber harassment, or any other harmful behavior. 

  • Use the Platform to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers.

  • Discriminate against any other users. All persons of age are welcome. You agree not to discriminate with another badge holder or other person  basis of race, ethnicity, language, religion, national origin, sex, sexual orientation, or gender identity or expression. We reserve the right to enforce our policies regarding discrimination at our discretion, including terminating badge access. 

  • Use the Site for any illicit or illegal purpose, such as listing contraband, stolen items, drugs, or for human trafficking purposes. The use of the Platform and Site to post sexually explicit or suggestive Content, including pornography, solicitation, or the exploitation of any person is strictly forbidden and any observed violations of this section will immediately be reported to law enforcement authorities. 

  • Use the Site to scrape information for databases. 

  • Using the Site or user information to spam users, such as through setting up phony accounts or scraping user information. 

PURCHASING AND USING BADGES

CFF offers different tiers of badges for VCFF. The benefits, costs, and Terms of each badge differ and are explained at the point of purchase. Payment for badges is required in full in advance of purchase. 

Only one badge type per person. Badges (and their login credentials) may not be shared, swapped, or transferred or assigned to any other person for any reason. If you are caught sharing badges, your badge privileges will be terminated immediately, and no refunds will be issued. You must be 18 to purchase a badge, though persons under 18 may be purchased a badge, as long as they use the badge under the supervision of an adult badge holder. 

Badges are nonrefundable for any reason, including for technical or streaming malfunctions. CFF may choose to provide a refund, discount, or other compensation on a case-by-case basis, but we reserve all rights in doing so and refunds will never be issued on a carte blanche basis. No refunds are ever issued if you are dissatisfied with the Content of VCFF.

Your badge is for your own persona, non-commercial use. You may not resell your badge or rebroadcast VCFF. NO COMMERCIAL OR QUASI-COMMERCIAL SCREENINGS (SUCH AS SCREENING IN A BAR OR FILM CLUB) OF VCFF ARE PERMITTED. You may not view the Content outside of the United States. 

Content, including films, is provided to you on a completely voluntary basis by CFF and the filmmakers and rights holders to those films. CFF or other parties may choose to remove or cancel screenings of films at any time. No Content is guaranteed to be available. Programming, announcements, schedules, lineups, or other advertisements of films screening at VCFF are for illustrative purposes only and never guaranteed, and you waive all rights to object to such arrangement. VCFF may limit screenings, number of badges, types of badges, or other access to films, which may not be available for the entire festival. 

The quality of the streaming is subject to a variety of factors including your internet speed, routers, and your playback device. CFF is not responsible for any diminished quality or speed of playback, and does not guarantee any threshold of resolution or refresh speed. 

INTELLECTUAL PROPERTY AND CONTENT

The intellectual property rights in all software, branding, logos, indicia, or other original Content in VCFF remains the property of CFF, its affiliates, partners, or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by CFF and its licensors. You may store, stream, print and display the Content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on this Website nor may you use any such Content in connection with any business or commercial enterprise.

You may only attend VCFF, view Content, and stream films in accordance with US and international laws, treaties, and regulations regarding the viewing, streaming, reproducing, and access to films. Your badge gives you only the limited right to access films being streamed as a part of VCFF for a limited period within VCFF. You agree not to download, reproduce, capture, distribute, modify, archive, sample, publish, screen, sell, perform, or create derivative works from any of the VCFF content. 

CFF HATES PIRACY. If you are caught attempting to pirate any film or other content from VCFF, your access will be immediately revoked. We reserve the right to turn your information over to the relevant authorities and the rights holders of the Content in order to prosecute you. 

Legal Disclaimers, Rights, and Disputes

Disclaimers. CFF HOSTS AN ONLINE VIRTUAL FILM FESTIVAL. ALL EVENTS AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, CFF EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CFF makes no warranty that the VCFF or the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. CFF makes no warranty regarding the quality of any Content or the accuracy, timeliness, truthfulness, completeness, or reliability of any Content obtained on VCFF. No advice or information, whether oral or written, obtained from CFF, or its service providers or through VCFF, will create any warranty not expressly made herein.

Limitation of Liability and Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST CFF AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD PARTY ADMINISTRATORS, PARTNERS, OR SPONSORS), OR EMPLOYEES (TOGETHER, THE “ CFF  PARTIES”) AND ANY CFF BADGE HOLDER OR OTHER USER (EXCEPT AS PROVIDED HEREIN) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR VIEWING OF THE FESTIVAL NEITHER CFF NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING VCFF OR ITS FILMS OR OTHER CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),BREACH OF INTELLECTUAL PROPERTY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. In no event will  CFF ’s or its subsidiaries’ or insurers’ aggregate liability arising out of or in connection with this Agreement or your participation in VCFF, exceed the greater of (i) the amounts you have paid for a badge, or (ii) US$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CFF AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnification. To the absolute extent permitted by applicable law, you agree to release, defend, indemnify, and hold CFF and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to VCFF or use of the Site or your violation of these Terms; your user Content; your interaction with any user, badge holder, participant, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with VCFF.

No Agency. Neither you nor any other user are the employee, agent, or attorney in fact of CFF. You do not have the ability or the authority to enter into any Agreement with any other Party or person on behalf of CFF, make commitments on behalf of CFF, or make representations for or about CFF, except in the limited circumstances described in these Terms or in the Agreement. CFF cannot and will not act on your behalf except in the narrow circumstances described in these Terms. 

Miscellaneous. CFF may, without notice, revise these Terms at any time by updating this posting. Your continued participation in VCFF or use of the Site now, or following the posting of any changes or modifications, will indicate acceptance by you of such changes or modifications. These Terms will be governed and be interpreted pursuant to the laws of the State of Tennessee and the United States of America, notwithstanding any principles of conflicts of law. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities. This is the entire Agreement between the parties relating to the use of the Site.

CFF reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to our Website.

Invalidity

If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire Agreement of the Parties and supersede any and all preceding and contemporaneous Agreements between you and CFF. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an officer of CFF.