Copyright, Trademark, and Licenses
We explicitly disclaim any responsibility for the accuracy, timeliness, suitability, availability, performance or completeness of the content, information, and materials found on this website for any particular purpose. Furthermore, Kipling Films is not responsible for your use of any content or information found on this website. You understand and are in agreement that the Kipling Films website and all content and materials listed are provided “AS IS” and without warranties of any kind, either expressed or implied. We do not warrant or guarantee the functionality contained in the materials on the company website will be uninterrupted, error-free or that defects will be corrected. Kipling Films shall not be liable for any damage or malfunctions caused by website behavior of any kind which could include faults, local machine errors, code errors, virus or virus-like behavior. Use and browse this website, content, and materials at your own risk. You accept the risk and responsibility that any information, products or services made available through this website meet your standards and unequivocally release Kipling Films from any liability of any kind resulting from your use.
By using this website you agree to indemnify, defend and hold Kipling Films and its parent company, affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any violation of these Terms and Conditions (including but not limited to negligent or wrongful conduct) by you or any other person accessing this website. Kipling Films reserves all rights, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate fully in our defense of any claim.
Our website may allow you the opportunity to participate in the casting process for Kipling Films programming. Please note that this website may collect personal information for the purpose of casting any and all media programming (“Casting Content”). Submitting casting submissions does not guarantee that you will be considered for any Kipling Films programming, or that you will appear on a Kipling Films show. We reserve the right but hold no obligation to use your name, image, likeness and all other identifying information that you provide in connection with your casting submission for broadcast, print, online or other use including publication of your casting content. You accept full responsibility for your casting submission and all content associated with it that you upload, publish, submit, display, link to or otherwise make available (hereinafter, “send”) to Kipling Films. Kipling Films takes no responsibility whatsoever and assumes no liability for any casting content or information that you send. We have no control over whether such casting content is of a nature that is unacceptable and, accordingly, Kipling Films disclaims any responsibility for any and all casting content and submissions. You understand and agree that any loss, damage, cost or expenses of any kind that appear to be a result of the use of any casting content that you send, upload, submit, display, transmit or otherwise make available to Kipling Films, is solely your responsibility. We are not responsible for the display, loss, use or misuse of your casting content. You understand and acknowledge that Kipling Films may use your casting content regardless of if it being inaccurate, infringing, offensive, indecent, or objectionable, and you agree that neither Kipling Films nor any of its affiliates or third-party companies shall be liable for any damages (including but not limited to punitive or injunctive damages) you, or anybody else, allege incurred or actually incurred as a result of your casting submission. Further, website users agree to hold free and clear of any liability and fully release Kipling Films from any and all claims of slander, libel, right of privacy, and right of publicity. By sending any casting content to Kipling Films, you expressly grant, and you represent and warrant that you have the right to grant, Kipling Films, a royalty-free, sub-licensable, transferable, perpetual, non-exclusive, irrevocable, worldwide license to use, modify, reproduce, publish, edit, list information regarding, distribute, translate, publicly display, publicly perform, incorporate into other works, and make derivative works of: (i) all casting content, in whole or in part, and in any form of media or technology, whether now known or developed in the future for use in connection with Kipling Films programming or any other use whatsoever and; (ii) your name, voice and likeness as contained in your casting content, in whole or in part, and in any form of media or technology, whether now known or developed in the future for use in connection with Kipling Films, Kipling Films programming or any other use whatsoever. Please understand when you submit casting information to Kipling Films you acknowledge that third parties, with the permission of Kipling Films, may use your casting content as described herein.
Kipling Films does not accept or knowingly accept unsolicited submissions including, without limitation, submissions by you of ideas, concepts, articles, blog ideas, scripts, story lines, drawings, proposals or suggestions. This policy is in place to mitigate the possibility of potential misunderstandings, arising from projects developed by our professional staff which might be misidentified by others and seems similar to their creative ideas or materials. Therefore, please do NOT send us any unsolicited materials. If you violate this agreement and send us creative materials submissions, any such unsolicited submission shall be deemed and shall remain our property. Unsolicited submissions will not be subject to any obligation of confidence on our behalf, and we shall not be liable for any use or disclosure of any kind. Furthermore, you agree to grant Kipling Films a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) by all means and in any media now known or hereafter developed. You also acknowledge that you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and by sending an unsolicited submission you waive the right to make any claim against Kipling Films relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
The use of this website and the operations of these Terms and Conditions shall be governed by and construed under the laws of the State of California without regards to its conflict of law provisions. You agree The State and Federal Courts in the State of California shall have exclusive jurisdiction to resolve any legal matter arising from your use of this website.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. Any rights not expressly granted herein are reserved.