Chicken & Egg Pictures, Inc. (“Chicken & Egg”) provides the www.chickeneggpics.org website and related services (collectively, the “Site”), in support of our mission to support nonfiction filmmakers. As described herein, we encourage you to use the Site as an information tool, subject to the specific terms and conditions of use (the “Terms and Conditions of Use”) set forth below. If you apply to or participate in any of our programs or events, additional terms and conditions may apply.
Acceptance of Terms and Conditions
By accessing the Site, you accept without limitation or qualification these Terms and Conditions of Use. Chicken & Egg may revise these Terms and Conditions of Use at any time, which revisions shall be binding upon you should you continue to use the Site. If you do not wish to be bound by these Terms and Conditions of Use, please exit the Site now and refrain from further use.
Protection of Privacy
Many of the names, trademarks, service marks, and logos that appear on the Site are trademarks of Chicken & Egg, including but not limited to “Chicken & Egg Pictures,” “Chicken & Egg,” Chicken & Egg logos; and Chicken & Egg Pictures Awards, Accelerator Lab, and AlumNest (“Trademarks”). The trademarks of third parties may also appear on the Site from time to time. Nothing contained on the Site should be construed as granting, expressly or implicitly, by estoppel or otherwise, any right or license to use Chicken & Egg Trademarks or any other trademarks displayed on the Site without the express written permission of Chicken & Egg or the applicable third-party trademark owner.
Copyrights and Authorized Uses; Access to the Site
The images, artworks, text, data, files, audio, and video clips, illustrations, designs, and documentation (in whole or in part, the “Content”), which appear on the Site, as well as the collection, arrangement, and assembly of the Content (the “Compilation”), are either proprietary to Chicken & Egg or used in accordance with applicable law or third-party consents.
You may not reproduce, distribute, display, transmit, modify, perform, adapt, generate derivative works of, or otherwise use the Content or the Compilation without the prior written permission of Chicken & Egg except for limited personal, non-commercial use, and the purposes described herein.
You agree to comply with all applicable laws and these Terms and Conditions of Use when using the Site. You are responsible for maintaining, at your own expense, the equipment and Internet access that you will need to use the Site.
You may not, and may not permit a third party to, submit, offer links from, share, post, or transmit through the Site any material, or otherwise engage in any conduct, that:
- Constitutes plagiarism, academic fraud or dishonesty, or unauthorized copying of any Content;
- Is false, fraudulent, or misleading (including any negligent misrepresentations);
- Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
- Offers for sale any content or products;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, obscene, pornographic, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or other category protected by law;
- Impersonates any person, business or entity, including our employees and agents;
- Contains viruses, Trojan horses, works, time bombs or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Includes or constitutes spam or other forms of unsolicited communications;
- Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- Offers, promotes, or encourages betting or wagering prohibited by law;
- Violates these Terms and Conditions of Use or any policy posted on the Site;
- Interferes with the use of the Site by others;
- Attempts to frame or redistribute the Site;
- Inserts your own or a third party’s advertising, branding, or other promotional content into any the Site, except to the extent provided herein;
- Engages in the practices of “screen scraping”, “database scraping,” or any other activity with the purpose of obtaining and/or copying our database, our lists of users, or other information, including without limitation harvesting information about our users for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications;
- Offers content that is completely commercial in nature, (i.e., advertisements); or
- Offers content that merely links to third-party sites.
We reserve the right to take any legal action and/or technical remedies to prevent the violation of the Terms and Conditions of Use by any user.
At any time, and with or without cause, we may cancel, suspend, terminate, or modify your access to the Site in our sole discretion. If you breach these Terms and Conditions of Use, we may, in our reasonable discretion, terminate your access to the Site with immediate effect.
All Other Uses of Chicken & Egg Trademarks and Content
If you desire to use Chicken & Egg Trademarks or Content other than as permitted herein, you must obtain Chicken & Egg’s prior written permission. A significant portion of the Content on the Site is content from, synopses of, and information regarding films made by our filmmaker partners and Chicken & Egg program participants; therefore, you may also need to seek appropriate permission from the filmmakers or other third parties if you wish to use any Trademarks or Content from the Site.
Use of Third-Party Trademarks and Images
If you wish to reproduce or otherwise use trademarks and/or copyrighted images that appear on the Site but do not belong to Chicken & Egg, you should contact the third parties who are referenced as the rights holders or the applicable filmmakers. Chicken & Egg assumes no responsibility for ascertaining whether such rights are valid, whether all of the rights holders are specified alongside the Content described or for securing such rights on your behalf.
Reservation of Rights
All rights not expressly granted by Chicken & Egg herein are specifically and completely reserved. Nothing on the Site or in these Terms and Conditions of Use grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Chicken & Egg has authority to grant any right or license on behalf of any third party.
Links to the Site
Chicken & Egg appreciates the interest of others in linking to the Site. If you arrive at the Site from a third-party link, please note that a link to the Site does not imply a relationship with, or endorsement of, the third-party site or its content, purpose, policies or business practices.
If you are interested in providing a link from your site to the Site, please note the following rules:
- You must either use the name Chicken & Egg Pictures or the URL chickeneggpics.org, or a hyperlink text that is agreeable to Chicken & Egg (e.g., that does not disparage or shed negative light on Chicken & Egg or dilute its Trademarks), to identify the link.
- Other than set forth in the above bullet, you may not reproduce or use Chicken & Egg Trademarks without the prior written permission of Chicken & Egg.
- You may not frame or utilize framing techniques to enclose any Content or Chicken & Egg Trademarks on the Site.
- You agree to remove your link upon Chicken & Egg’s request.
Links from the Site
In using the Site, you may find that Chicken & Egg provides hyperlinks to one or more third-party websites (the “Linked Sites”). Chicken & Egg provides these links as a convenience for you and other users, but is not responsible for the content of, or links to and from, the Linked Sites. We encourage you to read the terms and conditions and similar policies of the respective Linked Sites, should you choose to visit them. A link from the Site does not imply a relationship with, or endorsement of, a Linked Site or its content, purpose, policies, or business practices.
Any communication or material you post, transmit, or distribute to the Site by electronic mail, through forums or interactive features of the Site, or otherwise, including any images, data, concepts, techniques, know-how, or other content, questions, comments, suggestions, or the like (collectively, “Your Content”), is and will be treated by Chicken & Egg as nonconfidential and nonproprietary. Your Content may be used by Chicken & Egg and its affiliates for any purpose, including but not limited to, for any reproduction, display, performance, transmission, publication, or broadcast purpose, as well as be modified by Chicken & Egg, disclosed to law enforcement entities or others, or used for developing, manufacturing, and marketing products in any medium, throughout the world. Any of Your Content posted to discussion forums on the Site may also be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. By participating in or contributing to any forum or other interactive feature of the Site, you agree to be bound by any rules posted by Chicken & Egg in connection with the forum or other feature.
To the extent you do not own the rights to Your Content, Chicken & Egg requires you to obtain any necessary permissions from the third-party owners before posting, distributing or otherwise making available Your Content on the Site. You acknowledge and agree that you will not upload, distribute, or otherwise post or link to any information, materials, or modifications to the Site that: (a) is libelous, defamatory, threatening, abusive, obscene, unlawful, or that encourages a criminal offense; (b) contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (c) attempts to circumvent, disable, or override any encryption features or other protections of the Site; (d) infringes the copyright or other proprietary rights of any third party or violates any jurisdiction’s law, statute, or regulation; (e) forges headers or otherwise manipulates identifiers in order to disguise the origin of any content posted; (f) intentionally interferes with or destructs the Site or servers or networks connected to the Site; or (g) or contains any advertising, promotional, or solicitation material.
You acknowledge that any submission you make to the Site (including without limitation comments, blog entries, forum messages, audio, video, or photographs) may be edited, removed, modified, altered or changed, including in a manner not agreeable to you. Chicken & Egg specifically reserves the right to delete, move, or edit submissions that, in its sole discretion, it deems offensive, abusive, defamatory, obscene, or off topic as well as submissions that Chicken & Egg believes may violate copyright laws or trademark laws or are otherwise unacceptable. You acknowledge that Chicken & Egg cannot and does not review every submission to the Site (such as your comments on blog posts) and is not responsible for the content of such messages. Please note that additional terms and conditions may apply when you submit an application to one of our programs.
Digital Millennium Copyright Act; Communications Decency Act
Chicken & Egg is required by law to expeditiously remove from its servers, or disable access to, any of Your Content which Chicken & Egg learns or becomes aware is infringing of a third-party copyright. It is Chicken & Egg’s policy to terminate a user’s access to the Site when that individual or entity repeatedly infringes another’s copyright. Consistent with applicable law, Chicken & Egg reserves the right to expeditiously remove any of Your Content from its servers that allegedly infringes a third party’s copyright or the other provisions of these Terms and Conditions of Use, and to terminate access to the Site by an individual or institution that is a repeat infringer. Chicken & Egg will in no way be held liable for terminating access to Your Content or the Site or for failure to notify the terminated user in advance of disability access to such content or the Site.
If you are a copyright owner (or exclusive licensor) of materials presently available through the Site, and wish to have Chicken & Egg remove such materials, please email firstname.lastname@example.org with “DMCA” in the subject line or contact us at DMCA Agent; Chicken & Egg Pictures, Inc., 55 Washington Street, Suite 307 Brooklyn, NY 11201; (212) 875-0456. Chicken & Egg provides the above contact information for purposes of the DMCA only and reserves the right to respond only to communication that is relevant to this purpose.
In making a takedown request, you must provide the following information, consistent with the Digital Millennium Copyright Act (17 U.S. Code § 512): (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work(s) claimed to have been infringed; (c) identification of the infringing material and information that will permit Chicken & Egg to locate the material; (d) information that will permit us to contact you, including an address, telephone number, and, if available, an email address at which you may be contacted; (e) a statement by you that, in your good faith belief, use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Further, Chicken & Egg is not the publisher or speaker of any of Your Content, as set forth in the Communications Decency Act, 47 USC § 230(c)(1), and Chicken & Egg will not be liable for, or for any failure or delay in removing, any of Your Content.
User Warranty and Indemnification
By using this Site in any manner, you represent, warrant, and covenant that your use will be consistent with the Terms and Conditions of Use and all applicable laws. You agree to indemnify, defend, and hold harmless Chicken & Egg from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to Your Content or your use of the Site.
Disclaimer of Warranties
Chicken & Egg provides the Site on an “as is” basis. Your use of the Site, Content, and Compilation is at your own risk. Chicken & Egg disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and/or non-infringement of copyrights or other third-party proprietary rights. Chicken & Egg does not warrant that the Site will provide continuous, prompt, secure, or error-free service. Chicken & Egg makes reasonable, ongoing efforts to revise and update the Site but assumes no liability for any errors or omissions, including the inaccuracy of Content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Site. Chicken & Egg assumes no responsibility, and shall not be liable for any damage to your computer equipment, data, or other property arising from your use of the Site, whether due to a computer virus or otherwise.
To residents of New Jersey: the provisions above are intended to be as broad and inclusive as is permitted by the law of the state of New Jersey only.
Limitation of Liability
Neither Chicken & Egg, its affiliates, trustees, directors, officers, sponsors, collaborators, employees, nor agents shall have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages (even if we have been advised of the possibility of such damages) arising from or related to your use of the Site, Content, Your Content, and/or Compilation, notwithstanding the failure of essential purpose of any remedy.
To residents of New Jersey: the provisions above are intended to be as broad and inclusive as is permitted by the law of the state of New Jersey only.
Severance and Waiver
You acknowledge and agree that if any provision of these Terms and Conditions of Use is held to be invalid, unlawful, or unenforceable, then that provision shall be deemed severed and deleted from these Terms and Conditions of Use and shall not in any way affect the validity, legality, and/or enforceability of the remaining provisions. Chicken & Egg’s failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision unless agreed to in writing by Chicken & Egg.
Applicable Law and Jurisdiction
These Terms and Conditions of Use and any amendments thereto shall be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions of Use shall be brought in any Federal or State court located in Kings County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
These Terms and Conditions of Use incorporate by reference any notices on the Site and constitute the entire agreement regarding user access to the Site and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. Chicken & Egg may at any time revise these Terms and Conditions of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions of Use.
Questions and Contact Information
All questions regarding these Terms and Conditions of Use must be directed to:
Chicken & Egg Pictures, Inc.
55 Washington Street, Suite 307
Brooklyn, NY 11201