1. Acceptance of Terms
All clients of MWAC (“Clients”) are required to review and electronically sign the online MWAC Client Agreement before engaging MWAC for any production or other services (collectively, the “Services”). The terms of the Client Agreement are incorporated by reference herein and are applicable to all Services requested by Clients. Clients agree that the Client Agreement is binding on them with respect to all Services they request regardless of whether they sign the agreement.
All independent contractors (“Contractors”) of MWAC are required to go through MWAC’s vetting process, and review and electronically sign the online Independent Contractor Agreement, before performing any production assignment (“Assignments”) for MWAC. The terms of the Independent Contractor Agreement are incorporated by reference herein and are applicable to all Assignments accepted by Contractors. Contractors agree that the Independent Contractor Agreement is binding on them with respect to all Assignments they accept regardless of whether they sign the agreement.
In the event of any conflict between the applicable MWAC agreement and these Terms, the MWAC agreement will prevail. We require that you be 13 years or older to use the Site or Services, or Assignments.
2. Ownership and Use of Site
The Services, the Assignments, and the Site are owned and operated by MWAC. Except as permitted under this Agreement, copying, storing, displaying, reproducing, distributing, selling, licensing, sublicensing, publishing or creating derivative works of any content or materials on the Site are expressly prohibited without the prior written permission from MWAC. MWAC grants you a non-exclusive, non-transferable, limited right to access, view, use, display and print information on this site, including all the materials provided hereon, for your personal, informational, noncommercial use only.
When you register as an MWAC user, you may be asked to provide a password. You are the only person permitted to use this password to access and use the Services. As you will be responsible for all activities that occur under your password, you are responsible for maintaining the confidentiality of your passwords. You must notify MWAC immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure. We may rely on the authority of anyone using your password, and in no event and under no circumstances shall we be liable for any compromise of the confidentiality of your password or any unauthorized access using your password.
5. Information Provided by You
You agree that the information that you provide to us on registration and at all other times, including all information you provide when using Services or accepting Assignments, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you. You agree that Company is free to use any such information without further compensation, acknowledgement or payment to you for any purpose including developing, modifying, manufacturing and marketing products and services of MWAC and its associates, and modifying or improving the Services and Site. MWAC will not provide or sell your information to any third party.
5. Waiver and Limitation of Damages
MWAC SHALL NOT, UNDER ANY SET OF CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. MWAC’S TOTAL DAMAGES TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID OR WERE TO BE PAID FOR YOUR PARTICULAR SERVICE OR ASSIGNMENT.
a. Choice of Law and Venue
This Agreement shall be governed and interpreted in accordance with the substantive law of the State of New York without regard to its conflict of law provisions. Except where MWAC is entitled to seek injunctive relief, all disputes, controversies or differences which may arise between the parties of or in relation or in connection with this Agreement or the breach thereof shall be finally settled by binding arbitration conducted by the Independent Film & Television Alliance (“IFTA”) in New York City, State of New York in accordance with the then existing rules of the IFTA. The arbitrator shall apply New York law, and judgment upon the award by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in any legal action or legal proceeding under this Agreement shall be entitled to recover reasonable attorneys’ fees, costs and expenses.
MWAC may notify you of certain events relating to the Site or Services, or your use of the Site or Services. We may choose to notify you of these matters via a general notice on the Site, electronic mail to your e-mail address on record in MWAC’s account information, or by written communication sent by U.S. mail, postage pre-paid, to your address on record in MWAC’s account information. If we notify you by mail, mail notice shall be deemed to have been given upon the expiration of three days after mailing; if we sent you notice by email, such notice shall be deemed to have been given upon the expiration of twenty-four (24) hours after sending. You may give notice to MWAC (such notice shall be deemed given when received by MWAC at any time only by following: letter sent by confirmed facsimile to MWAC at the following fax number: (212) 871-9317; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to MWAC at the following address: Attn: General Counsel’s Office, Man With A Cam, Inc., 22 West 27th Street, 6th Floor, New York, New York 10001.
Man With A Cam® is a registered service mark of MWAC in the United States. MWAC reserves all rights with respect to its trademarks, service marks, logos, trade names, trade dress and other indicia (“Marks”).
If you have any comments or questions about these Terms, the Site or our Service, please contact us by email at firstname.lastname@example.org.