LEGAL WEBSITE TERMS
Legal Terms (simple version)
COMPANY TERMS OF SERVICE / COPYRIGHT INFORMATION
We Take Your Privacy Very Seriously
Our mailing address is:
1223 Cleveland Avenue Suite 200-30
San Diego, CA 92103
or call us at: (619) 732-6624
Terms of Service
*All references on our websites, social media, online and offline documents, forms and other publishings as "MFF or IMFF" are equal to "International Mobil Film Festival™/International Mobile Film Festival by S. Botello Productions™." All references to "Mobil Film Festival"and "International Mobile Film Festival" are equal to "International Mobil Film Festival™ aka International Mobile Film Festival by S. Botello Productions™."
License, Services, Websites & Applications Access
S. Botello Productions™/Mobile Media Film Festival grants you a non-exclusive right and license to access and use the Websites, Services & Applications for personal, noncommercial purposes. This license does not include and strictly prohibits: any resale of the Websites and / or their contents, Services or its contents & Applications or its contents; any collection and use of any uses’, filmmakers, partners, sponsors, visitors, entrants, participants, collaborators, resources, retailer listings, descriptions, or any derivative use of the Website, Services and/or Applications or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website, Services & Applications including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of S. Botello Productions™/Mobile Media Film Festival. Any unauthorized use shall immediately terminate the licenses and rights granted by S. Botello Productions™/Mobile Media Film Festival and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Website, Services or Applications so long as the link does not portray S. Botello Productions™/Mobile Media Film Festival, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any S. Botello Productions™/Mobile Media Film Festival, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Website, Services and/or Applications without first obtaining the express written consent of S. Botello Productions™/Mobile Media Film Festival, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable). S. Botello Productions™/Mobile Media Film Festival does not guarantee continuous, uninterrupted or secure access to its website, Services or the Application, and the operation of the Application may be interfered with by numerous factors outside or within S. Botello Productions™.
Mobile Media Film Festival aka International Mobile Film Festival (“International Mobil Film Festival™”) as presented by S. Botello Productions™, provides video production services and is presenting the Mobile Media Film Festival as an international film festival for entertainment purposes only. S. Botello Productions™/Mobile Media Film Festival/International Mobil Film Festival™/International Mobile Film Festival, may be paid by merchants or other third parties for listing products and services on the Website, Services and/or Applications and for promotions such as featured advertisements.
Other Businesses & Links to Applications
S. Botello Productions™/Mobile Media Film Festival may provide links to the Website, Services & Applications of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by S. Botello Productions™/Mobile Media Film Festival of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. S. Botello Productions™/Mobile Media Film Festival is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use.
S. Botello Productions™/Mobile Media Film Festival has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on the Website, Services & Application or any business transaction that occurs as a result of links, resources or services listed on the Website, Services & Applications.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE WEBSITE, SERVICES AND/OR APPLICATIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE S. BOTELLO PRODUCTIONS™/MOBILE MEDIA FILM FESTIVAL, INTERNATIONAL MOBIL FILM FESTIVAL™, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH S. BOTELLO PRODUCTIONS™/MOBILE MEDIA FILM FESTIVAL, INTERNATIONAL MOBIL FILM FESTIVAL™, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED,DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using the Website, Services and/or Applications, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Disclaimer of Warranties & Limitation of Liability
THE WEBSITE, SERVICES & APPLICATIONS ARE PROVIDED BY S. BOTELLO PRODUCTIONS/MOBILE MEDIA FILM FESTIVAL/INTERNATIONAL MOBIL FILM FESTIVAL™ ON AN “AS IS” AND ON AN “AS IS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, S. BOTELLO PRODUCTIONS™/MOBILE MEDIA FILM FESTIVAL/INTERNATIONAL MOBIL FILM FESTIVAL™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SERVICES & APPLICATIONS OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE WEBSITE, SERVICES OR APPLICATIONS, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE WEBSITE, SERVICES & APPLICATIONS; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, S. BOTELLO PRODUCTIONS™/MOBILE MEDIA FILM FESTIVAL/INTERNATIONAL MOBIL FILM FESTIVAL™ SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, SERVICES & APPLICATIONS OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. S. BOTELLO PRODUCTIONS™/MOBILE MEDIA FILM FESTIVAL/INTERNATIONAL MOBIL FILM FESTIVAL™ DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, SERVICES OR APPLICATIONS OR THE SERVICES. OPERATION OF THE WEBSITE, SERVICES & APPLICATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF S. BOTELLO PRODUCTIONS™/MOBILE MEDIA FILM FESTIVAL/INTERNATIONAL MOBIL FILM FESTIVAL™’S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, S. BOTELLO PRODUCTIONS™/MOBILE MEDIA FILM FESTIVAL/INTERNATIONAL MOBIL FILM FESTIVAL™, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE WEBSITE, SERVICES &/OR APPLICATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, S. BOTELLO PRODUCTIONS™/MOBILE MEDIA FILM FESTIVAL/INTERNATIONAL MOBIL FILM FESTIVAL™ MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE APPLICATION OR BOUGHT AND/OR SOLD USING THE APPLICATION, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE APPLICATION, ITS SERVERS, OR E-MAIL SENT FROM S. BOTELLO PRODUCTIONS™/MOBILE MEDIA FILM FESTIVAL/INTERNATIONAL MOBIL FILM FESTIVAL™ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, S. BOTELLO PRODUCTIONS™/MOBILE MEDIA FILM FESTIVAL/INTERNATIONAL MOBIL FILM FESTIVAL™ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, SERVICES AND/OR APPLICATIONS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
IP Ownership & Copyright Infringement
S. Botello Productions™/ Mobile Media Film Festival/International Mobil Film Festival™ disclaims any responsibility for the content of any third party materials provided through or on its Websites, Services, Applications or other services (”Third Party Content”). S. Botello Productions™/ Mobile Media Film Festival will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act (”DMCA”), which may include S. Botello Productions™/ Mobile Media Film Festival/Mobil Film Festival™ removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to S. Botello Productions™/ Mobile Media Film Festival/International Mobil Film Festival™ regarding matters other than informing S. Botello Productions™/ Mobile Media Film Festival/International Mobil Film Festival™ that a party’s copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
Written notification must be submitted to us via email.
S. Botello Productions™/ Mobile Media Film Festival/International Mobile Film Festival/International Mobil Film Festival™
Attn: General Counsel Partners at internationalmobilefilmfestival dot com
At S. Botello Productions™/ Mobile Media Film Festival (”International Mobil Film Festival™”) we want you to know exactly how and when we collect and use information that can specifically identify you, such as your name, mailing address, phone number, and email address (”personal information”). Your privacy is important to us and never would we do anything to compromise trust. We value our own privacy and we know you do as well.
S. Botello Productions™ / Mobile Media Film Festival (”International Mobil Film Festival™/International Mobile Film Festival”) will not disclose your personal information to any third party unless: 1) it is necessary in order to provide you with a particular Service you have requested; 2) it is required of S. Botello Productions™ / Mobile Media Film Festival in order to comply with a legal process in any applicable jurisdiction (e.g., court order, subpoena, search warrant, law enforcement request); 3) S. Botello Productions™ / Mobile Media Film Festival determines, in its sole discretion, that disclosure is necessary to protect the rights, property, and safety of S. Botello Productions™/ Mobile Media Film Festival, its subsidiaries, affiliates, co-brand partners or other parties under contract with S. Botello Productions™ / Mobile Media Film Festival, our users, or others.
In certain instances, S. Botello Productions™ / Mobile Media Film Festival (”International Mobil Film Festival™”) may request that you provide secondary information (e.g., demographic information), which we may use, for example, to learn more about our customers and to develop and improve our services. Any requests for secondary information will be marked “optional” (or its equivalent). We may compile your personal information with that collected from other customers to create aggregate data. Aggregate data is information about groups of customers and, once compiled, will in no way identify you as an individual. We may disclose aggregate data to our business affiliates, advertisers, and other parties.
We will not collect any private information from visitors to our website to share or to contact our visitors. If you share private information such as sending us a message using our contact forms you should expect to share an email address which we will only use to respond to you. If we would like to send you emails for any other purpose such as a newsletter or updates to our services, events, etc. we will first ask your permission to do so. We also never share information with anyone for any reason without your permission. That means we will contact you to ask you if we may do so and will at that time inform you of whom we are sharing your information with, and what information we are sharing, specifically. We truly respect your privacy and value your trust.
Our Third-Party Applications
(S. Botello Productions™/International Mobil Film Festival™ “Membership”) may provide links to membership mobile apps which may or may not collect from Application visitors’ statistical information regarding what barcodes, if any, are scanned, pages are visited, the date and time of the visits, how long it took a user to download a page, debugging/crash data, the, IMEI and TCP/IP address of the user. These automated Application functions do not collect this information in a manner intended to identify your individual use of the Application, nor do we use this information, if any, for any such purpose. This information may be collected to assist them in maintaining a high quality Application, as well as, providing necessary traffic information to their advertisers. They may contract with several online partners to help manage and optimize their Internet business and communications. They may use the services of a marketing company to help them measure the effectiveness of their advertising and how visitors use our Applications. To do this, they may choose to use Web beacons and cookies provided by their marketing company on their Application.
The Website, Services & Applications may contain links to web sites of third parties. S. Botello Productions™ / Mobile Media Film Festival (”International Mobil Film Festival™”) is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their individual privacy policies to learn more about what, why and how they collect and use personal information. S. Botello Productions / Mobile Media Film Festival adheres to industry-recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Website, Services & Applications may misuse or abuse your personal information that they may collect from the Website, Services & Applications.
Mobile Specific Content We May Collect
We make a very conscious effort to not collect personally identifying information, however there are instances users may knowingly opt-in to provide certain personal information. For example, a user may provide name, address, social media account handles, demographic info and email addresses if they choose to leverage optional services that require this information. If you choose to share such information, we will never provide it to 3rd party unless it’s required to sign up for a 3rd party service. You will be notified if such information is going to be shared at the time of signing up for a 3rd party service.
All requests must be sent through your mobile carrier’s network and your carrier may have access to it. For information regarding your carrier’s treatment of your information, please consult your carrier’s privacy policies.
Some of our products and services on and off the website allow you to interact and share your information with others. Please consider carefully before disclosing any personal information or data that might be accessible to others.
Copyrights & Trademarks
S. Botello Productions™, International Mobil Film Festival™/International Mobile Film Festival, San Diego Mobile Film School™ (non-accredited), Mobile Film TV™ (MFTV) "Mobile Film Distribution Network Channel" Community Stories, MobilizeStories and SBP Podcast are all trademarks of S. Botello Productions™. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Websites, Services & Applications are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the S. Botello Productions™ trademarks, are protected by US law, including without limitation to its laws on trademark and unfair competition, and may also be protected by the laws in other countries.
S. Botello Productions™ Terms of Service
By accessing the website at http://internationalmobilefilmfestival.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on S. Botello Productions™'s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on S. Botello Productions™'s website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by S. Botello Productions™ at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on S. Botello Productions™'s website are provided on an 'as is' basis. S. Botello Productions™ makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, S. Botello Productions™ does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall S. Botello Productions™ or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on S. Botello Productions™'s website, even if S. Botello Productions™ or a S. Botello Productions™ authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on S. Botello Productions™'s website could include technical, typographical, or photographic errors. S. Botello Productions™ does not warrant that any of the materials on its website are accurate, complete or current. S. Botello Productions™ may make changes to the materials contained on its website at any time without notice. However S. Botello Productions™ does not make any commitment to update the materials.
S. Botello Productions™ has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by S. Botello Productions™ of the site. Use of any such linked website is at the user's own risk.
S. Botello Productions™ may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
9. Privacy and Your Data
We don't collect and we don't ask for personal information from our visitors. If you use our service such as submit a film, we are required to collect information but we never have and never will share it with anyone. If we need to share it for any reason, we will contact you and ask your permission and you can choose to not allow it. You can always contact us. Our contact information is on this page.
© 2006 - 2019 S. Botello Productions™. All rights reserved.