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Jolt Terms and Conditions
Jolt discovers new audiences for the most important independent films. Our events encourage an open exchange of ideas grounded in mutual respect. We strive to create an online environment that protects members from any conduct that is inappropriate, disruptive, abusive, or threatening. We ask that all attendees follow a simple rule: treat others as you would like to be treated.
If you experience any inappropriate conduct during a Jolt event, please send an email to support@joltspace.com. We will ensure that your concerns are addressed with the utmost timeliness and gravity.
Terms of Service
These Terms of Service (these “Terms”) govern your use of and access to the sites, content, applications, services, tools and features provided by Jolt (“Jolt”, “we” or “us”), including at the website jolt.film (collectively, the “Services”). Please read these Terms carefully, as they include important information about your legal rights. Your access to and use of the Services is also subject to our Privacy Policy, currently available at jolt.film/privacy-policy
By using or accessing the Services, you are agreeing to these Terms. For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of such entity with the authority to bind such entity to these Terms, and (b) you agree to these Terms on such entity’s behalf.
- Please note that Section 14 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 14.
- Who May Use the Services. You must be 18 years of age or older to access or use the Services. By accessing or using the Services, you represent and warrant that you meet this requirement.
- Creating and Safeguarding your Account. To use certain portions of the Services, you will need to create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. If you provide any information that is untrue, inaccurate, or incomplete, or we reasonably suspect that such information is untrue, inaccurate, or incomplete, we may suspend or terminate your Account and refuse any and all current or future use of the Services. You can access, edit and update your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your Account password. We are not liable for any acts or missions by you in connection with your Account. You must immediately notify us at support@joltspace.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.
- Suggested Fees. Certain portions of the Services or related events may be available to you for a suggested contribution. If you elect to contribute, you agree to pay us the applicable fees and taxes in U.S. Dollars. You agree that (a) we or our payment processor may store and continue billing your payment method (e.g. credit card), and (b) we or our vendor may calculate taxes payable by you based on the billing information that you provide us at the time of contribution. You acknowledge and agree that all information you provide with regards to the contribution, including, without limitation, credit card, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. All suggested contribution sales are final and nonrefundable.
- Availability. Access to the Services or related events may be limited. We do not guarantee their availability for any customers, as demand can exceed our supply.
- Viewer discretion. Films available on the Services are sometimes not rated; viewer discretion is advised. When a film is rated, that rating will be made available on the film page.
- Rights We Grant You. Subject to your compliance with these Terms, Jolt hereby grants to you, a personal, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to access and use the Services. The Services may only be used for the intended purpose for which we make it available. You may not access, download, or view the content that is made available through the Services (“Content”) other than as permitted in the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services and Content as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below.
- Restrictions On Your Use of the Services. You may not do any of the following, unless applicable laws prohibit these restrictions or you have our written permission to do so:
- download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services (including the Content);
- duplicate, decompile, reverse engineer, disassemble or decode the Services (including the Content), or attempt to do any of the same;
- use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Services (including the Content);
- exploit the Services (including the Content) for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
- use the Services in any manner that we, in our sole discretion, suspect could disable, overburden, damage, disrupt or impair the Service or interfere with any other party’s use of the Services or use any device, software or routine that causes the same;
- attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
- circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
- use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- use the Services for illegal, harassing, unethical, or disruptive purposes;
- violate any applicable law or regulation in connection with your use of the Services;
- use the Services (including Content) in connection with the training of machine learning or a neural network, deep learning or artificial intelligence system or software; or
- use the Services in any way not expressly permitted by these Terms.
- Ownership and Content. The Services, including the Content, the “look and feel”, and any other proprietary content, information, and other materials made available on or through the Services, are protected under copyright, trademark and other intellectual property laws. You agree that Jolt and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services (including the Content). The Jolt name, the terms Jolt, and the Jolt logo and all related names, logos, product and service names, designs and slogans are trademarks of Jolt or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
- Feedback. If you give to Jolt any idea, proposal, suggestion, or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback, and product improvements ("Feedback"), you give to Jolt, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works, use, share, and commercialize your Feedback in any way and for any purpose. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to Jolt any information or ideas that you consider to be confidential or proprietary
- Third Party Services and Materials. The Services may display, include or make available content, data, information, materials from third parties (“Third Party Materials”) or provide links to certain third party websites. We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. If you access any other websites linked to or from the Services, you do so entirely at your own risk.
- Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services (including the Content) are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Jolt, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, instructors and licensors (the “Jolt Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Jolt Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; or (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from the Jolt Entities or through the Services, will create any warranty or representation not expressly made herein.
- Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE JOLT ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE JOLT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE JOLT ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE LESSER OF THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE JOLT ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Indemnification. You agree that you shall defend, indemnify and hold the Jolt Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Services (including the Content); and/or (d) your negligence or willful misconduct.
- Arbitration and Class Action Waiver.
- Informal Process First. You agree that in the event of any dispute between you and the Jolt Entities relating in any way to these Terms or the Services, you will first contact the Jolt in writing and make a good faith sustained effort to engage respectfully and collaboratively with the Jolt to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
- Agreement to Arbitrate and Class Action Waiver. In the event a respectful and collaborative sustained effort does not fully resolve a dispute, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to these Terms or the Services, will be resolved by arbitration. You and the Jolt agree that, to the maximum extent permitted by applicable law, any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms, and provided that with respect to Claims involving users of the Service that are outside of the United States, the applicable JAMS Rules will be the JAMS International Arbitration Rules). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Jolt are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Jolt will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court (or your local jurisdiction’s equivalent venue, if any), but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
- Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If you are a user of the Services who is inside of the United States and the value of your claim does not exceed $10,000, Jolt will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous, malicious, or brought for any other improper purpose.
- Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@joltspace.com. The notice must be sent to Jolt within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Jolt also will not be bound by them.
- Additional Provisions.
- Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the front webpage for the Services. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
- Termination. If you breach any of these Terms, all licenses granted by Jolt will terminate automatically. Additionally, Jolt may suspend, disable, or delete your Account and/or your accesses to the Services (or any part of the foregoing) with or without notice, for any or no reason. If Jolt deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Jolt or you. Termination will not limit any of Jolt’s other rights or remedies at law or in equity.
- Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Jolt for which monetary damages would not be an adequate remedy and Jolt shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
- California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
- Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by Jolt hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
- Severability. If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be excluded to the extent of its unenforceability. All other Terms shall remain in full force and effect.
- Force Majeure. We will not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or missions of other common carriers.
- Miscellaneous. These Terms and the licenses granted hereunder may be assigned by Jolt without notice but may not be assigned by you without the prior express written consent of Jolt. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local rules and laws regarding your use of Services, including as it concerns online conduct and acceptable content. These Terms are governed by the laws of the State of New York, including with respect to arbitration by the JAMS Rules, without regard to conflict of laws rules. Except as otherwise expressly provided in these Terms, all arbitration and other litigation of any dispute between you and Jolt related to these Terms shall be located in New York, New York.
- How to Contact Us. You may contact Jolt regarding the Services or these Terms at: support@joltspace.com