Website Terms & Conditions of Use

By using this site, you expressly accept and agree to abide by all the Terms and Conditions contained below.

 

Use of Information

(Note: This section does not apply to personal data supplied by you to the site, such as your name, address, e-mail address, telephone number and the like. Maui Film Festival, Inc. is committed to safeguarding your privacy. Please see our Website Privacy Policy for information regarding our treatment of personal data.)

 

External Links

External links may be provided for your convenience, but they are beyond the control of Maui Film Festival, Inc., and no representation is made as to their content. Use or reliance on any external links and the content provided thereon is at your own risk.

 

Trademarks

The trademarks, names, logos and service marks displayed on this website are registered and unregistered trademarks of the website owner and its sponsors. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner. Any trademark material may not be used in any manner that is likely to cause confusion or in any manner that disparages or discredits Maui Film Festival, Inc.

 

Risk of Loss

By using this website, you acknowledge and agree that your only remedy for failures, delays or interruptions with respect to the purchasing of passes ordered by you through the website is limited to a refund for such passes, at the sole discretion of Maui Film Festival, Inc.

 

Warranties

This website is provided to you "as is" and Maui Film Festival, Inc. makes no representation, warranty, representation, statement or guarantee of any kind to you, either express or implied. Maui Film Festival, Inc. does not guarantee continuous, uninterrupted or secure access to the website, and the operation of the website may be interfered with by numerous factors beyond our control.

 

Limitation of Liability

Maui Film Festival, Inc. shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever that may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors or omissions. It is your responsibility to verify any information contained in the site before relying upon it.

 

Indemnification

You agree to indemnify, defend and hold Maui Film Festival, Inc. harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your violation of any law or the rights of a third party.

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Video Upload Tool and Consent to Use of Content: Terms & Conditions

By uploading a Video via the Video Upload Tool on our website or giving us Consent to use your Content
(photo, video, words, or social media posting), you acknowledge and agree to the following Terms and Conditions.

You declare that:

• You are at least 18 years of age.

• You have the legal right to enter into this agreement and you are not impersonating anyone else.

• You own all rights in and to your Video or Content including without limitation, all rights to the audio, video and or digital recording and performance contained in your Video or Content (if any) and/or you have acquired all necessary rights to the elements appearing in your Video or Content to enable you to grant the same rights to Maui Film Festival, Inc. as described herein.

• Your Video or Content is wholly original and does not infringe on the copyright, trademark, patent, trade secret or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third-party individual or entity.

• Any information contained in your Video or Content is not known to you to be false, inaccurate or misleading.

• Your Video or Content does not violate any law.

• You were not and will not be compensated or granted any consideration by any third party for submitting your Video or Content.

And, you agree to the following:

 

License to use

By uploading a Video or Content via the Video Upload Tool or giving us Consent, you grant us a non-exclusive, fully-paid, royalty-free worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, publish, excerpt, reformat, and incorporate into other works, your Video or Content in whole or in part.

 

Limitation of liability

Maui Film Festival, Inc. shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever that may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Video Upload Tool or giving of Consent, any information contained on the website, your or your company’s personal information or material and information transmitted over our system.

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Indemnification

You agree to indemnify, defend and hold harmless Maui Film Festival, Inc. and its affiliate agents from and against all claims, liabilities, damages, losses, costs, expenses or fees (including a reasonable amount of attorney’s fees) that such parties may incur as a result of: (i) your use of and access to Video Upload Tool or giving of Consent; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, trademark or privacy right; or (iv) any claim that your Video or Content caused damage to a third party. Maui Film Festival, Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with Maui Film Festival, Inc.’s defense of such claims.

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Website Terms of Use

Our website’s Terms of Use are also applicable when using the Video Upload Tool.

 

Vimeo Terms of Use

You agree to the Vimeo Terms of Service.

 

Participation & Pass Terms and Conditions

MAUI FILM FESTIVAL, INC., LTD (“MAUI FILM FESTIVAL, INC.”) is proud to produce our annual festival (“Festival”).

These MAUI FILM FESTIVAL, INC. Participation and Pass Terms and Conditions (the “Terms”) apply to you as a participant in any MAUI FILM FESTIVAL, INC. Festival and any individual you are making a purchase on behalf of (“you” “your” or “Participant”), and such Participant’s registration, attendance, participation, enrollment, and/or application for involvement in the Festival, including, without limitation, your purchase and/or possession of any MAUI FILM FESTIVAL, INC. festival pass(es) whether physical or digital, such as tickets, passes, and giveaways (tickets, passes and badges are collectively referred to herein as “Pass(es)”). By clicking “accept” below, and/or by obtaining your Pass you acknowledge and agree to these Terms.

 

1. Applicable Terms. Paragraphs 1-20 below apply in full if Participant is purchasing Pass(es). If Participant is not purchasing Pass(es) and is only applying for a MAUI FILM FESTIVAL, INC. program, including, without limitation, an awards program, competition, film or speaker, or other opportunity to demonstrate, display or present an original idea, concept or other work, then only Paragraphs 1-3; 9-20 below apply to Participant.

 

2. Official MAUI FILM FESTIVAL, INC. Pass and Applications.

a. Pass. MAUI FILM FESTIVAL, INC. and its agents and representatives are the sole creators, sellers and distributors of MAUI FILM FESTIVAL, INC. Passes. Any Pass(es) not created by and legally acquired from MAUI FILM FESTIVAL, INC. or its authorized agents or representatives will be considered fraudulent and invalid, and subject to revocation. MAUI FILM FESTIVAL, INC. reserves the right to pursue any and all legal action available against any person or entity involved in the actual or attempted creation, dissemination or use of an unauthorized Pass.
b. Applications. Any application to participate in MAUI FILM FESTIVAL, INC. must be submitted through www.filmfreeway.com

             
3. Refund & Revocation Policy. No MAUI FILM FESTIVAL, INC. fees are refundable. All Passes are the sole property of MAUI FILM FESTIVAL, INC. MAUI FILM FESTIVAL, INC. may, in its sole discretion and at any time determined by MAUI FILM FESTIVAL, INC., cancel, revoke, or refuse from any individual or company the following: Passes, purchases, and/or hotel reservations made through MAUI FILM FESTIVAL, INC.. MAUI FILM FESTIVAL, INC. will not be responsible for any penalty, fee, loss, or expense that might result from such action.

 

a. MAUI FILM FESTIVAL, INC. does not issue refunds under any circumstances. Any and all payments made to MAUI FILM FESTIVAL, INC. are not refundable for any reason, including, without limitation, failure to use Passes due to technical difficulties related to using the eventive.org watch page, illness, acts of God, travel-related problems, acts of terrorism, loss of employment and/or duplicate purchases. MAUI FILM FESTIVAL, INC. will not issue refunds for Passes that have been revoked.
 

b. Unused Passes have no monetary value and cannot be credited to future years festivals. MAUI FILM FESTIVAL, INC. will not issue refunds or credits due to failure to redeem a discount coupon during the registration process. Discounted prices are based on the date payment is received in the MAUI FILM FESTIVAL, INC. office.
 

c. Lost or stolen Passes will not be replaced without collecting a replacement fee. In the event Passes are lost or stolen, new Passes will need to be purchased for $5 in effect at that time for a Participant’s continued access to the Festival, including, without limitation, showcases, parties and conference content.
 

d. Use of a Pass by anyone other than the authorized individual will result in revocation of the Pass without a refund.
 

e. MAUI FILM FESTIVAL, INC. will change the Participant name on MAUI FILM FESTIVAL, INC. Passes (other than e-tickets). Passes are non-transferable. Name changes will not be made after a Pass has been issued.

 

4. Passes are Non-Transferable. MAUI FILM FESTIVAL, INC. Passes are issued to, can be picked up by, and used by only the Participant named in the registration. Passes are non-transferable after they have been picked up.

 

5. Wearing Passes is Required for Entry. For security reasons, and to allow entry into MAUI FILM FESTIVAL, INC. Festival(s), Participant must wear, possess and present their Pass as follows: badges must be on the MAUI FILM FESTIVAL, INC.-issued lanyard around Participant’s neck while participating in Festival. If a Pass is not worn or presented correctly by a Participant, MAUI FILM FESTIVAL, INC. reserves the right to deny that Participant’s entry into MAUI FILM FESTIVAL, INC. Festival.

 

6. Entry and Restrictions. MAUI FILM FESTIVAL, INC. Passes allow the Participant entry to a specific defined festival, but do not guarantee admission to every MAUI FILM FESTIVAL, INC. Event. Event admission is subject to venue capacity and age restrictions in compliance with state and local laws. Age restrictions and capacity are specific to each venue. Venues may each have their own restrictions limiting entry with certain foods, beverages, or other items such as chairs or bags that are non-transparent or do not fit specified dimensions.

 

7. Passes Cannot be Prizes. MAUI FILM FESTIVAL, INC. Passes may not be used as a prize or incentive in any form of promotion, contest, game, or sweepstakes without advance written approval from MAUI FILM FESTIVAL, INC.

 

8. No Tampering with Passes. Tampering with any Passes, without limitation, is not permitted. If tampering is evident, the applicable Pass will be invalidated and confiscated and Participant will not be allowed entry to any/all MAUI FILM FESTIVAL, INC. venues and Festival where the Pass is required.

 

9. MAUI FILM FESTIVAL, INC. Lost and Found. MAUI FILM FESTIVAL, INC. is not responsible for lost or damaged items dropped off at Hospitality during the Festival.

 

10. Image Release. Photographs and/or audio/video recordings taken at the Festival by MAUI FILM FESTIVAL, INC., or others on behalf of MAUI FILM FESTIVAL, INC., may include a Participant’s image, name, voice and/or likeness. By attending and/or participating in the Festival, Participant hereby grants MAUI FILM FESTIVAL, INC. permission to use, and to sublicense to third-parties, the Participant’s photograph, image, likeness, voice and statements for any purpose, including, without limitation, commercial purposes, without compensation or credit to the Participant, in any and all media now known or hereafter devised.

 

11. Code of Conduct. MAUI FILM FESTIVAL, INC. reserves the right, in its sole discretion, to revoke that Participant’s Passes without refund to Participant.

 

12. Weapons-Free Policy. MAUI FILM FESTIVAL, INC. is a private event and maintains a weapons-free space for the Festival. Participant is prohibited from carrying weapons of any kind, including, without limitation, concealed or displayed firearms, and are not permitted to bring weapons onto the premises of any MAUI FILM FESTIVAL, INC. Festival events. Participant’s bags may be checked prior to entering a venue by: (a) MAUI FILM FESTIVAL, INC. and its employees, contractors and/or representatives; (b) the venue for MAUI FILM FESTIVAL, INC. Festival; and/or (c) MAUI FILM FESTIVAL, INC. clients or their representatives. MAUI FILM FESTIVAL, INC. reserves the right, in its sole discretion, without refund to Participant, to deactivate and/or revoke the Passes of a Participant if such Participant violates this Weapons-Free Policy. Participant agrees that this policy is in force, and agrees to comply with the policy, regardless of whether signs prohibiting weapons are posted on the premises of any official MAUI FILM FESTIVAL, INC. Event.

 

13. Voluntary Participation & Assumption of Risk. Participant understands that participating in the Festival is voluntary and may involve certain risks of physical injury, damage to property, and other damages or losses that may be sustained by a Participant. Participant assumes all risk of damage, property loss, and/or personal injury which may occur by participating in the Festival. ).

 

14. Personal Information. The MAUI FILM FESTIVAL, INC. website uses cookies as a collection tool along with personal data that you share with MAUI FILM FESTIVAL, INC. to tailor marketing to your interests, deliver the goods/services you purchase from MAUI FILM FESTIVAL, INC., and to enhance and customize your experience on the MAUI FILM FESTIVAL, INC. website and at the event.

 

15. LIMITATION OF LIABILITY. IN NO EVENT SHALL MAUI FILM FESTIVAL, INC. BE LIABLE TO ANY PARTICIPANT, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF ANY PARTICIPANT’S USE OF THE PASSES AND/OR PARTICIPATION IN THE FESTIVAL, EVEN IF MAUI FILM FESTIVAL, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

16. NO WARRANTIES. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS, PARTICIPANT’S PARTICIPATION IN THE FESTIVAL, AND ALL SERVICES AND PRODUCTS PROVIDED IN CONNECTION WITH THE FESTIVAL, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, ARE MADE WITH RESPECT TO THE SAME, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SAFETY, OR ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING. MAUI FILM FESTIVAL, INC. EXPRESSLY DISCLAIMS ANY WARRANTIES NOT EXPRESSLY STATED HEREIN.

 

17. Indemnification. Participant agrees to indemnify, defend, and hold MAUI FILM FESTIVAL, INC. and its officers, employees, volunteers, contractors, suppliers, and representatives harmless from and against any and all claims, demands and all other liabilities, including, without limitation, costs and attorneys’ fees, made by any third party arising out of or in connection with Participant’s use of the registration(s) or Passes, or any violation of the Terms by Participant.

 

18. Choice of Law. These Terms are governed by the laws of the State of Hawaii without regard to its principles of conflicts of laws. Participant and MAUI FILM FESTIVAL, INC. hereby irrevocably submit to the exclusive jurisdiction of the United States federal and state courts located in Hawaii and agrees that any such court will be the proper forum for the determination of any dispute arising hereunder.

 

19. Updates to Terms. MAUI FILM FESTIVAL, INC. reserves the right to make changes to the Terms at any time without notice to Participant, so please check back and review the Terms from time to time.

 

20. General Provisions. Nothing in this agreement establishes an agency, partnership or joint venture between the parties, or relationship of employer or employee, between the parties (or between either party and the other party’s personnel). Headings are included for convenience only and will not be used to construe these Terms. In the event that any term or provision of these Terms is held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other term or provision hereof (which will remain in effect), and the parties agree thereafter to use their best efforts to substitute a provision of similar economic intent and effect.