Terms of Service

Welcome to FCFS, LLC's FirstCutFilmSeries.com website (the "Site"). Use of the Site is contingent upon your acceptance of and compliance with these Terms of Service ("TOS"), Artist Submission Agreement, and our Privacy Policy. These Terms of Service constitute a valid and binding agreement between FCFS, LLC., ("FCFS"; "us"; "we") and you ("you," "your", "user," "subscriber"). If you have any questions about these Terms and Conditions of Use, please send us an e-mail at webmaster@FCFS.com. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, WE WILL NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD EXIT THIS SITE IMMEDIATELY.

The following Terms of Service govern your use of the Site.


  1. Acceptance of Terms of Service. By completing the registration process and clicking on the "Submit" button, you agree to be bound by these TOS in your access to and us of the Site.


  2. TOS Modifications. FCFS hereby reserves the right to modify these Terms of Service from time to time in its sole discretion. Reasonable notice shall be provided to users and continued use of the Site by users is deemed an acceptance and ratification of any changes made to these TOS.


  3. Modifications to the Site and Pricing Schedules. FCFS may in its sole discretion add, delete, modify or amend features and/or services, and fees contained within and charged for the Site.


  4. FCFS reserves the absolute right, which you acknowledge, to delete, move, or edit any postings, at its sole discretion, that it deems, in its sole discretion, unacceptable or inappropriate, for whatever reason.

    BY SUBMITTING OR OTHERWISE MAKING AVAILABLE MATERIALS TO THE SITE, ALL USERS AGREE TO BE BOUND BY THE SUBMISSION AGREEMENT IN ADDITION TO BEING BOUND BY ANY COVENANTS HEREIN.


  5. Compliance with Law. Any use of the Site including but not limited to posting, distributing, or otherwise making available any content or materials (including but not limited to text, graphics, video, software programs or audio) must be lawful and you expressly agree to avoid any use that is potentially or actually unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or judicial ruling. You shall not post content or materials that generally contain advertising or any form of commercial solicitation. You shall not falsely claim to be or represent any third parties including but not limited to FCFS personnel or another user or subscriber.


  6. Links and Third party content disclaimer. FCFS has no control over any of the third party sites, if any, that the Site links to. Any such links are provided solely as a convenience and FCFS makes no representations and offers no warranties as to the nature, scope, quality, purported results, or any and all other items, materials, or content contained therein. FCFS bears no responsibility and exerts no control for and over the relationship that you have with such third party sites and makes no representations regarding the terms or conditions such sites may impose upon you. Express written consent is required before any party may hyperlink from the Site. FCFS reserves the right, at its sole discretion, to feature, maintain, and present third party content, software, and materials on the Site, which shall all be governed and controlled by that party"s respective Terms and Conditions of Use or equivalent agreement.


  7. Intellectual Property Rights. Any and all materials FCFS furnishes through the Site are the sole property of FCFS and are protected to the fullest extent possible by copyright, trademark and other intellectual property laws. Users and subscribers may use such materials as provided herein but are strictly prohibited from copying, reproducing, retransmitting, distributing, publishing, commercially exploiting, or otherwise transferring any such materials in any format or medium whatsoever. The content and materials furnished and otherwise made available by other users and subscribers are provided to you for use as provided herein. If you wish to redistribute such content in any manner outside the normal operation of the Site, you bear sole responsibility to obtain permission from the user or subscriber who posted it.


  8. Your Account and Password. You are solely responsible for safeguarding and maintaining the secrecy and confidentiality of a provided user ID and password. Any use of a subscriber account is the sole responsibility of the subscriber including those instances where a party other than the subscriber uses that account. Subscribers should immediately notify FCFS of any unauthorized use of a subscriber account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you.


  9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. ALL SERVICES PROVIDED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO ARCHIVING, AND PERSONAL WEB PAGES, ARE ON ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. FCFS DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FCFS DOES NOT GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL MATERIALS. FCFS DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OFFERED THROUGH THIS SITE.

    ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM DOWNLOADING SUCH MATERIAL AND/OR DATA.

    FCFS EXPRESSLY DISCLAIMS ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY EVENT EVEN IF ADVISED BEFOREHAND OF SUCH DAMAGES AND IN NO EVENT SHALL FCFS BE LIABLE FOR SUCH DAMAGES RESULTING FROM THE ACTIONS OR CONDUCT OF ANY FCFS SUBSCRIBER OR USER.

    TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FCFS' LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND INCLUDING THAT WHICH MAY BE DUE TO FCFS' ACTUAL OR ALLEGED NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT A SUBSCRIBER OR USER PAID FOR THE USE OF THIS SITE.


  10. Hold Harmless and Indemnification. By using the Site, you agree to indemnify and hold FCFS and its respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and Third Party Providers harmless, including but not limited to reasonable attorneys' fees, from and against any claim or demand, made by any third party due to or arising out of your use of the Site, or the use of the Site by any party using your account, including but not limited to violation of the TOS or the infringement of any intellectual property or other right of any person or entity.


  11. Content Storage. FCFS assumes no responsibility for the deletion, the inability, or failure to store user or subscriber content.


  12. Termination of Membership.


    1. You, yourself, or the company that you are associated with, or FCFS may terminate this Agreement for any reason at any time by giving the other party notice of termination. Such termination shall be effective upon receipt of the notice.


    2. FCFS may terminate this Agreement without notice for any conduct that FCFS believes in its sole discretion violates this Agreement, interferes with others' use of the Service or is otherwise deemed by FCFS as inappropriate.


    3. Upon termination, your license and access to use the Service automatically terminates, and FCFS will delete all data, files, or other information stored in your account. In the event of termination, you will remain bound by Sections of this Agreement that by their nature are deemed to survive termination.
  13. Choice of Law/Forum
    This agreement shall be governed by the laws of the State of New York in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods.


  14. Severability. If any provision of this Agreement or the application thereof to any Person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.


  15. Entire Agreement
    It is hereby acknowledged that this Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
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