Effective Date: January 1, 2023

1. Agreement

The following Terms of Service (the “Terms”) constitute a binding agreement between you and Khanna Media LLC d/b/a Visionaries Film Festival (“VFF,” “we,” “our” and “us”). These Terms set forth conditions regarding your access to and use of the VFF website and any other services offered as part of the VFF platform (the “Services”).

By accessing or using the Services in any manner, including but not limited to visiting or browsing VFF’s website or contributing content or other materials to VFF’s platform, you agree to be bound by these Terms.

2. Modification

VFF reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.

3. Privacy Policy

VFF does not gather any personal identifiable information when you access our site. You have the option to sign up for our email list by submitting your name and email on our contact page. Personal Identifiable Information that is submitted on the VFF website is never shared with third parties without the express consent of the user.

4. Content

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, and illustrations are protected by copyright and/or other intellectual property laws.

You acknowledge that as between you and VFF that the content, including all associated intellectual property rights, are the exclusive property of VFF.

Conditioned upon your compliance with these Terms, VFF grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal use and (ii) access and view any VFF content to which you are permitted access. You have no right to sublicense the licensed rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by VFF or its licensors, except for the licenses and rights expressly granted in these Terms.

5. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by VFF (a) via email (in each case to the address that you provide) or (b) by posting to the website.

6. Notices of Copyright Infringement

VFF respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, [[company]] will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):

the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;

the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;

your mailing address, telephone number, and, if available, email address;

a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and

your full legal name and your electronic or physical signature.

You may deliver this notice, with all items completed, to us, as follows:

Khanna Media LLC

12425 Texas Ave

Los Angeles, CA 90025

Upon receipt of the Notice as described above, VFF will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

7. Third Party Content

By using the VFF website, VFF may provide you with access to third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that VFF does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. VFF does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. VFF disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against VFF with respect to the content or operation of any such third-party websites and services.

8. Disclaimer of Warranty

You hereby acknowledge that you are using the services at your own risk. the services and VFF content are provided “as is,” and VFF, its affiliates and its third-party service providers hereby disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, merchantability, non-infringement, fitness for a particular purpose, and any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. VFF, its affiliates, and its third-party service providers do not represent or warrant that access to the services will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted through the services.

9. Severability

If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

10. Governing Law with Arbitration

These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Los Angeles, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Los Angeles, California. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.

11. Entire Agreement

These Terms constitute the entire agreement between you and VFF regarding your use of the Services and supersede all prior or oral agreements.

12. Contact Us

If you have any questions about the Services, please do not hesitate to contact us at visionariesfestival@gmail.com.

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