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  Project Quik Films Contest and Quiksilver.com Terms of Use
  1. GENERAL DESCRIPTION
    Quiksilver Entertainment, Inc. ("Quiksilver Entertainment"), as a member of Project Quik Films, which includes Quiksilver, Inc. and each of its respective partners, affiliates, sponsors, parent companies, officers, directors, shareholders, representatives, agents, and any of their employees (together, "Project Quik Films"), provides the Project Quik Films World Wide Web Site (the "Site," located at http://www.quiksilver.com), together with the advertising and content on the Site and any related services or contests (collectively, the "Services"), subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement is made between Project Quik Films and you, as a Site visitor or Member ("you"). By using the Site or participation in any contest associated therewith, you agree to be bound by these terms and conditions, its Privacy Policy, and any Participation Agreement or other agreement you are required to enter into with Project Quik Films in conjunction with your use, or participation in a contest.

    If you do not agree to these terms and conditions, please do not use the Site or participate in any contest associated therewith.

    Project Quik Films reserves the right at any time to: (1) change the terms of this Agreement; (2) change the Site or the Services, including eliminating or discontinuing any content on or feature of any Site; or (3) impose or change any fees or charges for use of the Site or Services.

  2. PROJECT QUIK FILMS CONTEST
    A. SUBMISSION REQUIREMENTS
    You will provide a short film or video programs of 2 to 5 minutes in length (as herein further defined, "Submission") to Project Quik Films that may be shown on the Site. Programs longer than 5 minutes will not be eligible and will not be included in the contest. Persons wishing to enter may provide as many different Submissions as they wish using the form provided on the Site. The format of the Submission should be compatible with Apple QuickTime, at a resolution of 320 wide by 240 high. In order for a Submission to qualify ("Qualifying Submission"), you must include all information requested by Project Quik Films, including your name, a current mailing address, telephone number and e-mail address, and a brief written description of the clips being submitted, as well as comply with the other requirements as described herein including, for example, agreeing to any release, consent or indemnity agreements provided by Project Quik Films.
    B. SUBMISSION PERIOD
    Submissions will be accepted during the period starting from January 3, 2006 at 12:00 AM (Pacific Standard Time) through January 31, 2006 at 11:59 PM (Pacific Standard Time) ("Submission Period"). All Submissions must be received by Project Quik Films during the Submission Period to be considered a Qualifying Submission and to be eligible for inclusion in the contest or to be eligible to receive any prize.
    C. JUDGING
    A selected number of Qualifying Submissions, chosen by Project Quik Films, in its sole discretion ("Selected Qualifying Submissions"), will be made available for viewing by visitors to the Site every week according to the following schedule:
    Period Start Date End Date
    Period 1 February 1, 2006 February 7, 2006
    Period 2 February 8, 2006 February 14, 2006
    Period 3 February 15, 2006 February 21, 2006
    Period 4 February 22, 2006 February 28, 2006
    Period 5 March 1, 2006 March 5, 2006
    Period 6 March 6, 2006 March 11, 2006
    Period 7 March 12, 2006 March 18, 2006
    Period 8 March 19, 2006 March 25, 2006
    Period 9 March 26, 2006 March 31, 2006

    Each week, visitors to the Site may vote for that week's Selected Qualifying Submissions. All votes received by 11:59 PM (Pacific Standard Time) on each of the End Dates listed above, will be tallied by Project Quik Films and the top Selected Qualifying Submissions with the most votes for that week will be selected as the winning entry of the week ("Weekly Winning Entry" and collectively, for one or more entries consisting of the Weekly Winning Entry from each week, "Weekly Winning Entries"). Starting on April 1, 2006 and ending on April 7, 2006 ("Final Contest Period"), all of the Weekly Winning Entries will be made available for viewing by visitors to the Site and visitors to the Site may vote for their favorite Weekly Winning Entry. The Weekly Winning Entry receiving the most votes will be selected as the winner of the Final Contest Period ("Final Contest Winner"). The next top three (3) Weekly Winning Entries, as determined by votes received, will be selected as runners-up of the Final Contest Period ("Final Contest Runner-Up" or, collectively, "Final Contest Runners-Up"). The Final Contest Winner and the Final Contest Runners-Up will be announced on the Site during the week of April 8, 2005. Project Quik Films does not guarantee that any Submission will be made available for viewing on the website by Project Quik Films or will be viewed or viewable by any visitors to the Site and is under no obligation whatsoever to make any Submissions available for viewing on the Site. Project Quik Films is not responsible for any Submission that is not successfully received. For example, Project Quik Films is not responsible for lost, damaged, incomplete or misdirected Submissions, in whatever format, under any circumstances. All Submissions may be used and exploited by Project Quik Films in any manner, in all media, for any purpose, in perpetuity anywhere in the universe. Please keep a copy of your Submission. Project Quik Films reserves the right to destroy, erase, or otherwise dispose of all Submissions. At Project Quik Films' sole option, any Submission may be retained and, in the sole discretion of Project Quik Films, used and reused in any subsequent edition of the contest, or any other event and for any other purpose, whether related to the contest, the Site or otherwise, in any media now existing or hereafter invented, discovered or created, in perpetuity, throughout the universe. Project Quik Films reserves the right to edit and/or alter any Submission in any manner whatsoever and you waive any rights of "droit moral" or other similar rights. However, Project Quik Films is not obligated to use, edit and/or alter any Submission. Project Quik Films' decisions as to all contest matters are final and nonappealable. All Submissions are subject to the terms of these rules and all Contestants agree to be bound by these rules and the decisions of Project Quik Films. Project Quik Films reserves the right to amend these rules at any time. Project Quik Films may, in its sole discretion, take whatever measures Project Quik Films deems necessary or appropriate to preserve the integrity of the contest. Project Quik Films reserves the right to use alternative judging and/or voting procedures, as determined by Project Quik Films. Project Quik Films reserves the right to at any time change voting eligibility, contest rules and procedures.
    D. PRIZES
    Grand Prize - The Final Contest Winner will be awarded a Grand Prize consisting of: (1) US$2,500 to be used to develop and produced a next film for Project Quik Films or any of its affiliates, sponsors, parent or subsidiary companies, to be determined by Project Quik Films ("QE Next Film") in accordance with a budget to be approved by Project Quik Films; and, (2) US$2,500 to be used to develop and produce a film project of the winning contestant's choosing. Other Prizes - Each Final Contest Runner-Up will win production money of US$2,500 for development and production of a QE Next Film in accordance with a budget to be approved by Project Quik Films. Prizes will be awarded to the person(s) submitting the Qualifying Submission, provided they certify and establish to Project Quik Films' satisfaction that they are the owner(s) of the Qualifying Submission and further provided that they have complied with the official rules and have signed all necessary forms and releases as determined by Project Quik Films. Winners of any prize are solely responsible for all federal, state and local taxes. As a condition to winning any prize, you will be required to agree in writing to use any prize awarded for the development and production of a QE Next Film solely in connection with the development and production of such QE Next Film in accordance with the approved budget therefor and that all rights in and to such QE Next Film will be the sole and exclusive property of Project Quik Films and may be used, reused, exhibited and exploited by Project Quik Films in any manner it determines in all media existing or hereafter created, developed, invented or discovered, in perpetuity throughout the universe in Project Quik Films sole discretion.
    E. ELIGIBILITY
    Submissions created for commercial purposes are not eligible for any prizes. Employees of Quiksilver, Inc., Quiksilver Entertainment, Inc., or any of its subsidiaries, and affiliated companies and anyone involved in the production, or administration of the contest, as well as immediate family/same household members of anyone so employed or engaged are not eligible for prize awards. Contest is open only to legal residents of the 50 United States and District of Columbia. Void in Guam, Puerto Rico, U.S. Virgin Islands and other U.S. territories, and where prohibited or restricted by law. Project Quik Films reserves the right to at any time implement new eligibility criteria and/or modify existing eligibility criteria, including, without limitation, geographical and age restrictions. Persons under the age of 18 may enter, but written parental consent will be required before their Submissions entries will be considered. The parental consent form may be found on the Site and must be completed in full and signed by a minor's custodial parent or legal guardian and submitted at the time of making a Submission. You must sign and return to Project Quik Films a Release and Indemnity in the form presented on the Site attesting, among other things, to the fact that you are the rightful owners of the Submission and that the Submission may be submitted and broadcast without obtaining permission from or making any payment to any third party. All persons appearing in the Submission must sign consent forms and/or releases (which shall grant to Project Quik Films the right to use such person's name, voice and likeness as contained in the Submission) before the Submission can be eligible to be exhibited for prize awards. A custodial parent or legal guardian must sign the consent/release form for minors. Failure to provide requested releases and/or consents will result in disqualification of a contestant. These release and/or consent forms will be provided by Project Quik Films. Notwithstanding the foregoing, a Submission constitutes the submitter's permission to use the Submission (and the name, voice, photograph and likeness of the submitter) in and in connection with the Site, Submission and the contest and all exploitations thereof, including, without limitation, advertising and promotion, in all media, throughout the universe, and, further, constitutes the submitter's representation that all necessary consents and permissions therefore have been obtained.
    F. RELEASES
    By provision of a Submission, you agree to release, discharge, indemnify and hold harmless Project Quik Films, their respective parent, subsidiary and affiliated companies, licensees, and assigns, and their respective officers, directors, employees, agents and representatives from any claim or liability arising from or related to the Submission, participation in this contest (or any related sweepstakes), and/or acceptance or use of any prize. You must sign all consent forms, general releases and other authorizations in the form provided by Project Quik Films or your Submission will not be considered for exhibition and will be eliminated from consideration and made ineligible to win any prize. Releases will include, among other things, a statement that the Submission is the exclusive property of the person making the Submission and that all necessary and appropriate releases have been obtained from all persons appearing in the Submission. Releases must be obtained from all identifiable persons depicted in videos. Parent or guardian must sign the consent/release form for minors.
    G. SUBMISSIONS
    Any material that you transmit to Project Quik Films or post anywhere on the Site or through the Services may be used by Project Quik Films or its affiliates. Also any material that you send to Project Quik Films or post anywhere on the Site or through the Services, including, without limitation, any Unsolicited Submissions (as defined below), bulletin board posting, chat room message, or similar message ("Postings") may be used by Project Quik Films or its affiliates, partners, or sponsors throughout the world in perpetuity for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and sublicensing, and may be modified to enable or complement any such use. Furthermore, you acknowledge that Project Quik Films is free to use any ideas, concepts, know-how, or techniques contained in any submissions and/or Postings for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Collectively, any submission and the content contained therein are referred to as "Submissions" herein
    H. UNSOLICITED SUBMISSIONS
    You shall not post, send or bring to Project Quik Films' attention any creative materials of any kind, apart from your Submissions, if any, submitted in connection with a Project Quik Films sponsored contest (or any contest sponsored by a third party but hosted on the Site), such as videos or multimedia clips, stories or character ideas, screenplays, songs, or original artwork (collectively, "Unsolicited Submissions"), unless you agree to Project Quik Films' use thereof as described herein. Project Quik Films hopes you will understand that it is the intent of this policy regarding Unsolicited Submissions to avoid the possibility of future misunderstandings when projects developed independently might seem to others to be similar to their own creative work. If you send Project Quik Films any Unsolicited Submissions despite your foregoing obligation not to do so, Project Quik Films takes no responsibility and will have no liability with respect to the use by anyone (including Project Quik Films) of such Unsolicited Submissions or any portion thereof. None of the Unsolicited Submissions shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Project Quik Films' part and Project Quik Films shall not be liable for any use or disclosure of any Unsolicited Submissions. Further, by sending Project Quik Films Unsolicited Submissions you release, waive any claims with regard to, and hold harmless Project Quik Films (and its business partners, affiliates, sponsors, officers, directors, agents, employees, and any parent companies) from and against any and all claims of any kind that are or could be asserted with respect to any use, license, sublicense (through multiple tiers), assignment, reproduction, distribution (through multiple tiers), creation of derivative works of, public performances, public display, digital performances, sales, offers, and other uses of any kind of such Unsolicited Submissions in any media now known or hereafter developed, for any purpose whatsoever.

  3. OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS
    The Site is owned and operated by Project Quik Films in conjunction with Project Quik Films' affiliates, licensors, partners, and others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without Project Quik Films' prior written permission, except you may download one copy of such material on any single computer for your personal, non-commercial home use only, provided you keep intact, without change, each such material and all copyright and other proprietary notices in or on such material. Modification of the materials (including, without limitation, modification of any Submission for any purpose) or use of the materials for any other purpose is a violation of Project Quik Films' copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site. If you download any material that Project Quik Films makes available on the Site, such material, including any software, text files, screenplays reviews, audio files, video files, data files, images incorporated in any material or generated by any software, and data accompanying any software or materials (collectively, the "Downloads"), are licensed on a limited basis to you by Project Quik Films (or through Project Quik Films by the owner of such Downloads) only for your personal, non-commercial use in connection with your use of the Site as permitted by this Agreement, or to fulfill any obligations you may have under any other agreement that you have or are required to enter into in connection with the Site. Title to the Downloads is not transferred to you. You may own the medium on which the Downloads are recorded, but (as between you and Project Quik Films) Project Quik Films retains all right, title, and interest in and to the Downloads, and all intellectual property rights therein. You may not sell, decompile, reverse engineer, disassemble, license, or otherwise transfer the Downloads to any third party. The following trademarks: QUIKSILVER, PROJECT QUIK FILMS, PROJECT QUIK FILMS CONTEST, and all associated logos and domain names, including, without limitation, QUIKSILVER.COM, PROJECTQUIKFILMS.COM, are the trade names, trademarks, service marks, logos, and/or domain names of Project Quik Films or its licensors ("Quiksilver Marks"). Other trademarks, service marks, logos, and/or domain names used on the Site or in the Services (including, without limitation, the individual names of film, TV or other entertainment shows and providers and the domain names associated therewith), where not the property of Project Quik Films, are the trademarks, service marks, logos, and/or domain names of their respective owners ("Third Party Marks"). You agree that you will not challenge the respective ownership rights of Project Quik Films or any third party in or to the Quiksilver Marks or the Third Party Marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of the Quiksilver Marks or Third Party Marks.
  4. CODE OF CONDUCT
    While using the Site or the Services, you agree not to:
    1. Restrict or inhibit any other visitor or Member from using the Site or the Services;
    2. Transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on Project Quik Films' or any third party's intellectual property or other rights;
    3. Transmit any information, software, or other material that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
    4. Use the Site or Services for any unlawful purpose;
    5. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, the Services, or the software underlying either of them, or modify any materials downloaded from the Site;
    6. Modify, copy, or tamper with any screenplay or any other content that you may access through the Site;
    7. Use any screenplay or other content that you might access through the Site for any reason other than reading or reviewing such screenplay or content;
    8. Harvest, collect, or disclose information about other Site visitors or Members without their express consent; or
    9. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site, the Services or their contents, unless otherwise permitted by Project Quik Films. While using the Site and/or Services, you agree to comply with all applicable laws, rules and regulations. Project Quik Films has no obligation to monitor the Site or any materials that you transmit to the Site (including, without limitation, any Submission or other Material). However, you acknowledge and agree that Project Quik Films has the right to monitor the Site and the materials you transmit, from time to time, and to disclose any information (including your personally identifiable information) to any third party in order to operate the Site properly; to protect Project Quik Films, the Site, the Services, Project Quik Films' sponsors, partners, affiliates, and Project Quik Films' Members and visitors; and to comply with any legal obligations, regulations, or governmental requests. (See Project Quik Films' Privacy Policy for further details.)
  5. COPYRIGHT INFRINGEMENT
    The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials Project Quik Films hosts infringe your copyright, you (or your agent) may send Project Quik Films a notification requesting that the material be removed, or access to it blocked. To be effective, the notification must include the following:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; and
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Project Quik Films a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA, including, without limitation, a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If Project Quik Films receives a proper notification (or if Project Quik Films believes in Project Quik Films' sole discretion) that any materials submitted by you (including any Submission) allegedly violate another person's or entity's rights, Project Quik Films reserves the right to withdraw and remove the affected material from Project Quik Films' Site, at any time in Project Quik Films' absolute discretion.

    One place to find more information is the U.S. Copyright Office web site, currently located at http://www.loc.gov/copyright/. Notices and counter-notices for the Site should be sent to Project Quik Films at DMCA@projectquikfilms.com. Alternatively, you may contact Project Quik Films via U.S. mail at: Project Quik Films, 15202 Graham Street, Huntington Beach, CA 92649, Attn.: Project Quik Films DMCA Notices Adminstrator. This contact information is for notices of copyright infringement only. Project Quik Films suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.

  6. PRIVACY POLICY
    Project Quik Films requires you to read Project Quik Films' Privacy Policy, which (in addition to this Agreement, and any specific Participation Agreement by which you may be bound) sets out how Project Quik Films collects and use any information you submit to Project Quik Films or through the Site, including any information submitted in connection with such sweepstakes, contests, and games. You must be at least 18 years old to register for a Project Quik Films Contest or the Site. If you are under the age of 13, or are a parent of a child under the age of 13, please be aware that Project Quik Films does not permit registration by children under the age of 13, and do not knowingly collect any information from children of any age.
  7. JURISDICTIONAL ISSUES
    Unless otherwise specified, the materials in the Site are presented solely for the purpose of promoting the entertainment, information, and community resources and services available in, and other uses in, the United States. Project Quik Films controls and operate the Site from within the State of California, United States of America. Project Quik Films makes no representation that materials on or made available through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent such local laws are applicable. The Downloads are further subject to United States export controls. No Downloads may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Serbia (Yugoslavia) or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or (as applicable) using the Site, the Services, or the Downloads, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Project Quik Films reserves the right to limit the availability of the Site and/or the provision of any service, program, or other product described thereon to any person, geographic area, or jurisdiction, at any time and in Project Quik Films' sole discretion, and to limit or change the quantities and nature of any such service, program, or other product that Project Quik Films provides at any time.
  8. TERMINATION
    Project Quik Films reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.
  9. DISCLAIMERS
    THE MATERIALS CONTAINED ON AND/OR IN THE SITE AND SERVICES, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE AND/OR SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROJECT QUIK FILMS AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. PROJECT QUIK FILMS AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES, THE SITE, OR THE DOWNLOADS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SITE (OR THE SERVER(S) THAT MAKE(S) THEM AVAILABLE) OR DOWNLOADS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, SITE, AND THE DOWNLOADS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF PROJECT QUIK FILMS OR ITS AFFILIATES, SUPPLIERS, OR AGENTS, WHETHER MADE ON THE SITE, IN THE SERVICES, DOWNLOADS, OR OTHERWISE, SHALL CREATE ANY WARRANTY. Project Quik Films neither endorses nor is responsible for any opinion, advice, information, content, or statement made, provided, or displayed on the Site, through the Services, or on or in any Download. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROJECT QUIK FILMS DISCLAIMS ANY WARRANTY THAT ANY MULTIMEDIA, POSTING, OR OTHER MATERIAL ON THE SITE IS APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR USER, OR THAT SUCH MATERIAL IS FREE OF OFFENSIVE, INDECENT, OBSCENE, DEFAMATORY OR OTHER POTENTIALLY INAPPROPRIATE ELEMENTS OR ASPECTS. YOU ACKNOWLEDGE THAT PROJECT QUIK FILMS DOES NOT AND CANNOT REVIEW AND MONITOR MATERIAL ON THE SITE, AND YOU HEREBY AGREE THAT PROJECT QUIK FILMS SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR COSTS THAT MAY ARISE FROM PROJECT QUIK FILMS' PUBLICATION OR YOUR EXPOSURE TO, OR ACCESS TO ANY MULTIMEDIA, POSTING OR OTHER CONTENT ON THE SITE. Under no circumstances will Project Quik Films or Project Quik Films' affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on or Project Quik Films' publication of such information obtained through the Site or Services. Remember that it is your responsibility to evaluate the accuracy and reliability of any opinion, advice, information, or statement available on the Site or through the Services. A possibility exists that the Site and/or Services could include inaccuracies or errors. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Services, or to certain Downloads. Although Project Quik Films attempts to ensure the integrity of the Site, Services, and Downloads, Project Quik Films makes no guarantees as to their completeness or correctness. THE SITE AND SERVICES MAY CONTAINS LINKS TO THIRD-PARTY SITES. THOSE THIRD-PARTY SITES ARE NOT UNDER THE CONTROL OF PROJECT QUIK FILMS AND PROJECT QUIK FILMS IS NOT RESPONSIBLE FOR THE CONTENT ON ANY LINKED SITE. IF YOU ACCESS A THIRD-PARTY SITE FROM PROJECT QUIK FILMS' SITE, THEN YOU DO SO AT YOUR OWN RISK. PROJECT QUIK FILMS PROVIDES LINKS AS A CONVENIENCE, AND THE INCLUSION OF THE LINK DOES NOT IMPLY THAT PROJECT QUIK FILMS ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON THOSE THIRD-PARTY SITES.
  10. LIMITATION OF LIABILITY
    NEITHER PROJECT QUIK FILMS NOR ITS SUPPLIERS, AFFILIATES, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SERVICES, THE DOWNLOADS, OR ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE, THE SERVICE, THE DOWNLOADS, AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE, THE SERVICE, AND/OR THE DOWNLOADS, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PROJECT QUIK FILMS AND ITS AFFILIATES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES.
  11. INDEMNIFICATION
    You shall be fully responsible for any violation of this Agreement or of any other agreement between you and Project Quik Films that is referred to herein (including but not limited to the Privacy Policy, and any Participation Agreement). You agree to indemnify, defend and hold Project Quik Films, Project Quik Films' officers, directors, employees, agents, partners, affiliates, sponsors, and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including without limitation, any violation of the Code of Conduct set forth in Section II - CODE OF CONDUCT, above; (b) any allegation that any materials that you submit to Project Quik Films or transmit to or post on the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of, or defame, any third party; (c) your activities in connection with the Site, the Services, or the Downloads, and/or (d) your relationship with Project Quik Films, or any of its respective partners, affiliates, sponsors, or agent, or any of their employees or representatives.
  12. ARBITRATION
    In the event of any dispute arising out of or in connection with the site, regardless of the number or identity of defendant(s) or plaintiff(s), such dispute shall be submitted to arbitration in the County of Los Angeles, State of California, in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. The arbitrator selected pursuant to this provision shall have at least ten (10) years of related intellectual property experience, be well acquainted with the entertainment, Internet, and new media industries, and shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of California or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of this Agreement, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of this Agreement and any other agreements you may enter into with Project Quik Films, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. Each party expressly waives any right to a jury. Any award favorable to you, if related to any submission or use of any materials owned or created by you or under your control (including Material, or any other content or information of any kind), shall be limited to the fixing of compensation which shall bear a reasonable relation to compensation customarily paid by Project Quik Films (or its constituent members) for similar material, taking into account your creative experience at the time the material was submitted, the nature of the material, and any amount received by you for other material created before the submission of the disputed material to Project Quik Films. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning this Agreement, Project Quik Films' terms of use, Project Quik Films' Privacy Policy, any Participation Agreement, or any other agreement between you and Project Quik Films, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section XII. ARBITRATION, and in no event will you be entitled to seek injunctive or other equitable relief. If you do not agree to these requirements (or any other provision herein), do not enter the Contest or use the Site.
  13. MISCELLANEOUS
    This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You hereby agree to submit to arbitration as set forth in Section XII. ARBITRATION, in the County of Los Angeles, California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such arbitration or location. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, together with any agreement referred to herein (including the Privacy Policy, any Participation Agreement, and any other agreement between you and Project Quik Films), constitutes the entire Agreement between Project Quik Films relating to the subject matter described herein and supersedes and any all prior or contemporaneous written or oral agreements between Project Quik Films. This Agreement is not assignable, transferable or sublicenseable by you except with Project Quik Films' prior written consent, and any such transfer, assignment or sublicense shall be null and void. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Any notifications or other communications that Project Quik Films undertakes to send to you hereunder will be deemed conclusively given if sent to the email address submitted as part of your registration with Project Quik Films. If such email address does not function (e.g., if Project Quik Films' email notice is "bounced back" or is otherwise undelivered or undeliverable), Project Quik Films will have no obligation to send you notifications or other communications by other means, notwithstanding that other contact information f or you may be available to Project Quik Films. Your electronic consent to this Agreement (or to any other agreement between you and Project Quik Films referred to herein), whether by clicking "I AGREE" or similar buttons provided in conjunction with any such agreement, your submission of any agreement with your initials and/or name entered into a box provided for that purpose together with the agreement, and/or your registration to use the Site governed by this Agreement, shall constitute your electronic signature and, according to the provisions of federal law, shall be of the same effect as if you had signed such agreement manually. Your access and use of the Site also constitutes your acceptance of this Agreement. Upon Project Quik Films' request, you agree to sign a non-electronic version of this Agreement. A printed version of this Agreement and/or of any notice given in electronic form shall be admissible in judicial, administrative, or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  14. NOTICE OF UPDATES/CHANGES
    Any changes Project Quik Films makes will be effective immediately on notice, which Project Quik Films may give either by posting the revised Agreement on the Site or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to bookmark this page and to review periodically this Agreement to ensure familiarity with the most current version, as Project Quik Films will not provide notification prior to making changes to this Agreement.
  15. NOTICE FOR CALIFORNIA USERS
    Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.