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NOTE: In order to purchase the Activist Edition of Skid Row, please read and agree to the following Terms and Conditions:

Indie Rights/Indiepix Screening Agreement
This Screening Partner Agreement (”Agreement”) is dated as of (”Effective Date”) and is made by and between the individual or entity purchasing the Activist Edition of SKID ROW (”you”) from Indiepix and Indie Rights, Inc. , (collectively know as “Licensor”).

  1. You may host a single screening (“Event”) of the film, “SKID ROW” (”Film”) at the location of your choice.  You are required to list the event on Brave New Theaters’ (“Partner”) website at:  skidrow.bravenewtheaters.com  (“Partner Site”)
  2. Delivery of the Film DVD for your Event will be delayed and details of your Event will be withheld from promotional activities until your Event profile on the Partner Site is filled out in its entirety.  Your screening may be marked private.
  3. Licensor will make available certain customizable electronic materials that you may use solely in connection with promoting your Event (”Promotional Templates”). No Promotional Templates that Licensor makes available or material on any web site owned, operated, licensed or controlled by Licensor may be used for any purpose other than the Event. Furthermore, no Promotional Templates may be copied, reproduced, republished, posted, transmitted, or distributed in any way except in connection with the Event and in no event shall Promotional Templates be used after the Event. Modification of the materials or use of the materials for any other purpose is a violation of Licenseor’s copyright and other proprietary rights. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Licensor or other respective owners which have granted Licensor the right and license to use such Marks.
  4. You are responsible for determining the program for your Event and for costs and expenses related to hosting your Event, including, but not limited to, venue rental, necessary audio and visual equipment, printing fees, advertising, staff and talent fees, if applicable.  Licensor may, at Licensor’s discretion, secure media publicity of your Event in print, online, radio and television media.
  5. You are responsible for accuracy with respect to the times, locations and dates of your Event. It is your responsibility to ensure that the information describing your Event on the Partner Site is accurate, and for making applicable corrections to this information on the Partner Site.
  6. Nothing in this Agreement shall be construed as conveying to you (i) any right, title or interests or copyright in or to the Film or (ii) except as otherwise provided herein, any license to use, sell, exploit, or copy the Film.  Licensor hereby reserves all rights not specifically granted herein.
  7. You shall defend, indemnify and hold harmless Licensor, its parent, subsidiary and affiliated companies, partners, licensors, and their respective successors, licensees, distributors, and assigns and their respective officers, directors, shareholders, employees, attorneys, agents and other representatives (“Indemnified Parties”) from and against any and all claims, actions, suits, judgments, obligations, damages, losses, penalties, liabilities, costs and expenses (including, without limitation, fees and disbursements of counsel) of whatever kind and nature including, but not limited to, the death or bodily injury of any person or the damage, loss or destruction of any tangible personal or real property (collectively “Claims”) imposed on, incurred by, or asserted against the Indemnified Parties, in any action, claim or proceeding arising out of or in connection with the screening of the Film or this Agreement.
  8. THE FILM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
  9. IN NO EVENT SHALL LICENSOR OR ITS THIRD PARTY LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, PRODUCT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE SCREENING FEES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
  10. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LICENSOR OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE FILM OR THE EVENT, EVEN IF LICENSOR OR A LICENSOR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  11. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
  12. You shall not assign or transfer this Agreement whether by operation of law, change of control, or in any other manner. Any attempt to assign or transfer this Agreement shall be null and void.
  13. The parties agree that this Agreement may be altered, amended or modified by Licensor by providing you with notice, including email notice.
  14. Licensor may terminate this Agreement at any time for any reason upon notice to you. Upon termination of this Agreement or at the conclusion of the last Event, you shall immediately return all copies of the Film in whatever medium to Licensor.
  15. This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Headings are for reference purposes only, have no substantive effect, and shall not enter into the interpretation hereof.
  16. You are an independent contractor and nothing in this Agreement shall be deemed to make you an agent, employee, partner or joint venturer of Licensor. You shall have no authority to bind, commit, or otherwise obligate Licensor in any manner whatsoever.
  17. This Agreement is a result of arms-length negotiations between the parties, both of whom were represented by counsel or had adequate opportunity to seek counsel or be represented by counsel. Therefore, this Agreement is the product of both parties. To this effect, no part of this Agreement should be construed against either party as the drafter. Each party waives any potential claim of ignorance as to the terms and conditions of this Agreement.
  18. In the event that Licensor brings any action, proceeding, or suit to enforce any of its rights under this Agreement and is entitled to judgment, then in such action, proceeding or suit Licensor may recover expenses; including attorneys’ fees, and the amount shall be included in such judgment. In the event that Licensor has incurred any expenses and attorneys’ fees in the enforcement of any of its rights under this Agreement without having brought any action, proceeding or suit to so enforce any such right, then Licensor may recover from you any reasonable expenses so incurred, including attorneys’ fees.

This Agreement shall be governed by the laws of the State of California, excluding the conflicts of law provisions of any state or jurisdiction. You and Licensor each submit to the exclusive jurisdiction of the courts of Los Angeles, California for the enforcement of this Agreement or any action arising out of or relating to this Agreement.

 

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