1. Acceptance of Terms of Use

a. By accessing or using this Website, whether by viewing Content or User Submissions (these terms, as used in these Terms of Use, are defined in Section 5.a below), or by submitting User Submissions, and by clicking "yes" on the "click-wrap" agreement that appeared when you first accessed the Website, you are agreeing to these Terms of Use, the Privacy Notice, and the Community Guidelines. The Privacy Notice and the Community Guidelines are incorporated in and are part of these Terms of Use. This is a legal agreement. If you are not willing to be bound by it, please do not use the Out of Hand Festival Website.

b. We may modify these Terms of Use, the Community Guidelines and the Privacy Notice at any time. By continuing to use or access this Website, you are agreeing to any changes that we may make. So you should periodically review the current version of these Terms of Use, the Community Guidelines and the Privacy Notice, so that you are aware of the most up-to-date terms.

2. Links to Other Websites

a. These Terms of Use cover all users of the Website, including those who are viewing Content and User Submissions, as well as those who are posting User Submissions, to the Website. However, the Website contains links to other websites, and if you follow a link to another website, these Terms of Use will not apply to content on that website or users of that website.

b. The Out of Hand Festival does not have any responsibility for content or what may happen on any third party website, even if you arrive at such a third party website by following a link from the Out of Hand Festival Website. By using the Out of Hand Festival Website, you expressly release Out of Hand International Festival, SVA-Giraldi Festival LLC, the School of Visual Arts, Giraldi Media, and all of their respective affiliates, officers, directors, shareholders, managers, employees and agents, from any and all liability arising from your use or access of any third party website.

c. Therefore, please be aware when you leave the Out of Hand Festival Website, and read the terms and conditions of use, privacy policies and other legal notices on any other website that you visit.

3. Out of Hand Festival Accounts

a. Many features of the Out of Hand Festival website can only be accessed if you have a Festival Account. When you create your Account, you must provide accurate and complete information. Keep your password to yourself, and do not let anyone else use it, because you will be responsible for any activity that occurs in your Account, even if it is unauthorized use by another person. If there is an unauthorized use of your account, please notify the Out of Hand Festival immediately. You are not permitted to use the Account of another person without that person's permission.

b. If unauthorized use of your Account causes loss or damage to the Out of Hand Festival or any other person or entity, you will be liable for that loss or damage. However, the Out of Hand Festival has no liability for any loss or damage you may suffer as a result of unauthorized use of your Account.

4. General Permissions and Restrictions

The Out of Hand Festival grants permission to you to access and use the Website in accordance with the Terms of Use, the Privacy Notice and the Community Guidelines. Your access and use are subject to the following:

a. You may not reproduce or distribute in any medium any part of the Website (including User Submissions), unless you have obtained prior written permission from the Out of Hand Festival.

b. You may not modify any part of the Website (including User Submissions), or any technology used on or embedded in the Website.

c. You may not access User Submissions or Content on the Website through any technology or means other than the technology provided on the Website itself.

d. You may not use the Website, or any technology provided on or through the Website, for any commercial use, unless you have first obtained written permission from the Out of Hand Festival. By way of example, any of the following are commercial uses which are prohibited: (i) any sale of access to the Website or use of any of its technology or services in connection with another website; (ii) use of the Website or any of its technology or services for the principal purpose of generating advertising or subscription revenue; (iii) any sale of advertising or subscriptions, whether through the Festival Website or any other means, based on User Submissions or Content on the Festival Website; and (iv) any other use of the Website or its technology or services in a manner or for a purpose that the Out of Hand Festival, in its sole and absolute discretion, believes is competitive with or infringes on the market for the Out of Hand Festival, its User Submissions or Content.

e. You may not launch any automated system (such as "robots," "spiders" or "offline readers") that accesses the Website in a manner such that more request messages are sent to the Out of Hand Festival servers than a human being could reasonably generate in the same period of time using a conventional web browser. However, public search engines are hereby granted permission to use "spiders" to copy material from the Website for the sole purpose of and solely as necessary to create publicly available searchable indices of those materials, but not for the purpose of creating caches or archives of such materials. This permission to the operators of public search engines may be limited or revoked generally or specifically, in the sole and absolute discretion of the Out of Hand Festival.

f. You may not collect or harvest any personally identifiable information from the Website, nor may you use any communications systems provided on the Website for any commercial solicitation purpose.

g. You must observe all applicable laws – local, national or international – in your use of the Out of Hand Festival Website.

h. The Out of Hand Festival may modify or discontinue any part of the Website at any time in its sole and absolute discretion.

5. Use of Content and User Submissions on the Website

Your use of Content and User Submissions on the Out of Hand Festival Website is subject to the following additional restrictions and conditions:

a. "User Submissions" means video (including any accompanying audio) or text that a user of the Out of Hand Festival Website submits for posting. "Content" refers to all content (including text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and all similar items) on the Out of Hand Festival Website other than User Submissions.

b. SVA-Giraldi Festival LLC owns, licenses or otherwise has the right to use all Content on the Out of Hand Festival Website, including all of the trademarks, service marks, trade names and logos on the Website (collectively "Trademarks"). You may not use any of such Trademarks or other Content except as expressly authorized in these Term of Use. Any use of Content or Trademarks not expressly authorized is a violation of applicable copyright and other intellectual property rights. Therefore, you may use Content and Trademarks only for your personal use, and you may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit any Content or Trademarks for any other purpose.

c. Each user of the Website who submits a User Submission represents that the user owns, licenses in writing, or otherwise has the right to use all of the content contained in that User Submission. You may not use any User Submissions except as expressly authorized in these Term of Use. Any use of User Submissions not expressly authorized is a violation of applicable copyright and other intellectual property rights. Therefore, you may use User Submissions only for your personal use, and you may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit any User Submissions for any other purpose.

d. You may not disable, interfere with, or otherwise try to get around any security features of the Out of Hand Festival Website, or any feature that prevents or restricts use or copying of Content or User Submissions.

e. The Out of Hand Festival is not responsible for any of the content in User Submissions, or for its accuracy, usefulness or safety, or for the ownership of intellectual property rights in such User Submissions. Some User Submissions may be inaccurate, offensive, indecent or otherwise objectionable. You hereby waive any rights or remedies you have or may have against SVA International Out of Hand Festival, SVA-Giraldi Festival LLC, the School of Visual Arts, Giraldi Media, and any of their respective affiliates, officers, directors, shareholders, managers, employees and agents, with respect thereto, and you agree to indemnify and hold SVA International Out of Hand Festival, SVA-Giraldi Festival LLC, the School of Visual Arts, Giraldi Media, and all of their respective affiliates, officers, directors, shareholders, managers, employees and agents, harmless to the fullest extent permitted by law regarding any matter related to your use of the Website.

6. User Submissions

a. If you have opened an Out of Hand Festival Website Account, you may submit User Submissions to the Website.

b. In connection with any User Submission that you submit to the Website, you affirm, represent, and warrant that: (i) you own or have in writing signed by the owner thereof all necessary licenses, rights, consents, and permissions to use, and to authorize the Out of Hand Festival to use, all patent, trademark, trade secret, copyright, contract, privacy, publicity and other proprietary rights in and to the User Submission, to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; (ii) no content or material in your User Submission infringes or violates any rights of any third party, including without limitation patent, trademark, trade secret, copyright, contract, privacy, publicity and other proprietary rights; (iii) your User Submission contains no defamatory material, content that is invasive of any person’s privacy or publicity rights, material which violates any intellectual property, contractual or other legal rights, racial or prejudicial remarks, extensive use of profane or obscene language or gestures, pornography, depiction of real or simulated sexual acts, excessive nudity, extensive violence, or any depiction of illegal acts in a manner that casts them as acceptable; and (iv) you have the written signed consent, release and permission of each and every identifiable person, voice, name, image or likeness included in your User Submission.

c. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Out of Hand Festival, you hereby grant the Out of Hand Festival (SVA-Giraldi Festival LLC), a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Out of Hand Festival Website and the Out of Hand Festival's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Out of Hand Festival Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Out of Hand Festival Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in User Submissions terminate within a commercially reasonable time after you remove or delete your User Submissions from the Out of Hand Festival Website. You understand and agree, however, that the Out of Hand Festival may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.

d. The Out of Hand Festival does not in any way endorse any User Submission, whether a video or a text comment, or any opinion expressed in any User Submission. By posting, not posting or removing any User Submission, the Out of Hand Festival does not make any judgment, or express any opinion, on the substance or quality of any part of any User Submission. The Out of Hand Festival reserves the right in its sole and absolute discretion, to refuse to post, or to remove from the Website, without notice, any User Submission that the Out of Hand Festival decides is contrary to or inconsistent with any provision of these Terms of Use or the Community Guidelines. The Out of Hand Festival further reserves the right in its sole and absolute discretion, to terminate the Festival Account of any user, without notice, which termination may be permanent, if it believes that the user has violated these Terms of Use or the Community Guidelines.

7. Digital Millennium Copyright Act

a. If you own a copyright (or act as agent for a copyright owner) and you believe that a User Submission or Content infringes your copyrights, you may submit a written notice to our Copyright Agent under the Digital Millennium Copyright Act ("DMCA") which must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) 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; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have 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; and (vi) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Out of Hand Festival's designated Copyright Agent to receive notices of claimed infringement is: GIRALDI, 47 Murray Street, First Floor, New York, NY 10007, email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , fax: 212-966-6644. Only DMCA notices should go to the Copyright Agent; any other communications regarding the Website should be directed to the Out of Hand Festival customer service through the support page. You acknowledge that if you fail to comply with all of the requirements of this Section 7.a, your DMCA notice may not be valid.

b. If your User Submission was removed from the Website (or access to it was otherwise disabled), and you believe that your User Submission is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice to the Copyright Agent containing the following information: (i) your physical or electronic signature; (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notice of the alleged infringement.

If a counter-notice is received by the Copyright Agent, the Out of Hand Festival may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 business days or more after receipt of the counter-notice, at the Out of Hand Festival’s sole discretion.

8. Warranty Disclaimer, Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SVA INTERNATIONAL OUT OF HAND FESTIVAL WEBSITE IS AT YOUR SOLE RISK. THE SVA INTERNATIONAL OUT OF HAND FESTIVAL, SVA-GIRALDI FESTIVAL LLC, THE SCHOOL OF VISUAL ARTS, AND GIRALDI MEDIA, AND ALL OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AGENTS AND AFFILIATES:

a. TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF;

b. DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE OUT OF HAND FESTIVAL WEBSITE'S CONTENT OR USER SUBMISSIONS, OR THE CONTENT OF ANY WEBSITES LINKED TO THE OUT OF HAND FESTIVAL WEBSITE;

c. DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS;

d. DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OUT OF HAND FESTIVAL WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING;

e. DO NOT MAKE ANY REPRESENTATION THAT THE OUT OF HAND FESTIVAL WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY JURISDICTION OUTSIDE THE UNITED STATES, OR THAT PERSONS WHO ACCESS OR USE THE OUT OF HAND FESTIVAL WEBSITE FROM OTHER JURISDICTIONS MAY LEGALLY DO SO UNDER THE LAWS TO WHICH THEY MAY BE SUBJECT; AND

f. TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY MATTER DESCRIBED IN SECTION 8.C ABOVE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE OUT OF HAND FESTIVAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnity

You agree to defend, indemnify and hold harmless the SVA International Out of Hand Festival, SVA-Giraldi Festival LLC, the School of Visual Arts, Giraldi Media, and all of their respective affiliates, officers, directors, managers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Out of Hand Festival Website; (ii) your violation of any term of these Terms of Use, the Privacy Notice, or the Community Guidelines; (iii) your violation of any third party right, including without limitation any copyright, proprietary, intellectual property or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) your breach of any of your representations, warranties and affirmations. This defense and indemnification obligation will survive these Terms of Use and your use of the Out of Hand Festival Website.

10. General

You agree that: (i) the SVA International Out of Hand Festival Website shall be deemed solely based in the State of New York; and (ii) the Out of Hand Festival Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Out of Hand Festival or SVA-Giraldi Festival LLC, either specific or general, in jurisdictions other than the State of New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and the Out of Hand Festival that arises in whole or in part from the Out of Hand Festival Website shall be decided exclusively by a court of competent jurisdiction located in New York County, New York. These Terms of Use, together with the Privacy Notice and the Community Guidelines shall constitute the entire agreement between you and the Out of Hand Festival concerning the Out of Hand Festival Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Out of Hand Festival's failure to assert any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. The Out of Hand Festival reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Out of Hand Festival Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND THE OUT OF HAND FESTIVAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OUT OF HAND FESTIVAL WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Out of Hand International Festival is a trademark, service mark and tradename of SVA-Giraldi Festival LLC, which is the sole owner of the Out of Hand International Festival and the Website.