“THRIVE: WHAT ON EARTH WILL IT TAKE?”
SCREENING TERMS AND CONDITIONS
Effective October 10, 2011
Subject to the terms and conditions of the Agreement, payment of the applicable [fee] and completion of the [registration form], Thrive Movie grants you a limited, revocable, non-transferable, non-sublicensable license to publicly perform the Picture and to reproduce the materials provided by Thrive Movie in connection with the Screening (“Screening Kit”), specifically excluding any theatrical distribution. You represent and warrant that all information provided in the registration form is complete and accurate. You agree to host the Screening (i) in a clean, friendly and safe environment, (ii) in a manner that does not reflect poorly on Thrive Movie or the Picture, and (iii) in compliance with all applicable laws, regulations and local ordinances. Except for the limited rights granted herein, as between the parties, Thrive Movie shall retain all rights, title and interests in and to the Picture and the Screening Kit. If Thrive Movie determines in its sole discretion that the Screening may open you or Thrive to any liability, Thrive may immediately terminate your rights hereunder upon written notice to you and you shall cancel the Screening. Thrive’s sole liability to you for such cancellation shall be to refund any fee paid by you hereunder, provided that if such cancellation is due to your negligence, willful misconduct or breach of this Agreement, you shall not be entitled to any refund.
If you have any questions, please contact [contact@clearcompassmedia].
You shall indemnify and hold Thrive Movie, its directors, officers, agents, employees, and licensors, harmless from and against any liabilities, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees) arising form a third-party claim that is based on the Screening, your negligence or willful misconduct in connection therewith, or your breach of the Agreement.
Limitation of Liability
IN NO EVENT WILL THRIVE MOVIE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING UNDER ANY LEGAL OR EQUITABLE THEORY IN CONNECTION WITH A SCREENING, EVEN IF THRIVE MOVIE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THRIVE MOVIE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO THRIVE MOVIE FOR THE SCREENING. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO THRIVE MOVIE FOR THE SCREENING, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THRIVE MOVIE, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under the Screening Terms. Any such attempted transfers, assignments, sublicenses or pledges shall be void and without effect.
Nothing herein shall be deemed to create an agency, partnership, join venture, or employee/employer relationship. You shall not act as an agent, partner, joint venturer, or employee of Thrive Movie and shall not bind nor attempt to bind Thrive Movie to any contract.
The Agreement is the entire agreement between you and Thrive Movie with respect to the subject matter hereof and shall not be modified except in writing signed by both parties or by a new posting or notification by Thrive Movie as described in the Agreement. Such modifications shall supersede all prior agreements between you and Thrive Movie.