Welcome to the website of Ndovu Films, a South Carolina nonprofit corporation exempt under Section 501(c)(3) of the Internal Revenue Code (“Ndovu Films,” “we,” “us,” “our”). These Terms of Service (“Terms”) govern your access to and use of https://ndovufilms.org and any related pages, content, forms, and services we operate (collectively, the “Site”). By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.
1. ABOUT US; SCOPE OF THESE TERMS
1.1 Ndovu Films is a nonprofit organization dedicated to film education and the training and development of emerging filmmakers.
1.2 Program-specific terms control. Enrollment in any Ndovu Films class, workshop, or program (including the First Time Filmmaker Intensive) is governed by separate Enrollment Terms of Service presented at registration. Access to any Ndovu Films software or platform (including the Shot Bible) is governed by its own license terms. If those documents conflict with these Terms, the program- or product-specific terms control for that program or product.
2. ELIGIBILITY
The Site is intended for users thirteen (13) years of age or older. If you are under eighteen (18), you may use the Site only with the involvement of a parent or legal guardian, and program enrollment by minors requires parent/guardian consent as stated in the applicable enrollment terms.
3. INTELLECTUAL PROPERTY
3.1 Our content. All content on the Site — including text, curricula descriptions, graphics, logos, photographs, videos, films, trailers, student-work excerpts, audio, designs, and software — is owned by Ndovu Films or its licensors and is protected by United States copyright, trademark, and other intellectual-property laws.
3.2 Limited license. We grant you a limited, revocable, non-exclusive, non-transferable license to access the Site and view its content for personal, non-commercial purposes. You may not copy, reproduce, distribute, publicly display, publicly perform, download (except page caching and materials we expressly make downloadable), modify, or create derivative works from Site content without our prior written permission.
3.3 Trademarks. “Ndovu Films,” the Ndovu Films logo, “Shot Bible,” and program names are marks of Ndovu Films or its affiliates. Nothing on the Site grants any license to use them.
4. UNSOLICITED SUBMISSIONS — READ THIS BEFORE SENDING US YOUR IDEAS
4.1 Policy. Ndovu Films works with filmmakers and writers through its structured programs. We do not accept or consider unsolicited scripts, screenplays, treatments, loglines, story ideas, concepts, or other creative materials submitted outside of a program, application, or written agreement that expressly requests them.
4.2 Effect of sending anyway. If you send unsolicited creative material despite this policy, you agree that: (a) the material is not submitted in confidence, and no confidential, fiduciary, or implied contractual relationship is created; (b) Ndovu Films has no obligation to review, return, or compensate you for it; and (c) Ndovu Films’ independent development of similar or identical ideas, stories, or projects — before or after your submission — gives rise to no claim. You retain whatever copyright you hold in the material itself.
4.3 The right way in. If you want Ndovu Films to consider your script or project, use the submission process posted on the Site or offered through our programs, which will include its own written terms.
5. USER CONDUCT
You agree not to: (a) use the Site for any unlawful purpose; (b) attempt to gain unauthorized access to any portion of the Site, other accounts, or systems; (c) interfere with the Site’s operation, including through viruses, scraping, bots, or excessive automated requests; (d) impersonate any person or misrepresent your affiliation; (e) harass, threaten, or defame others through any Site feature; or (f) frame or mirror the Site without permission.
6. FORMS, ACCOUNTS, AND COMMUNICATIONS
6.1 Information you submit through Site forms (contact, enrollment interest, newsletter, applications) must be accurate. You are responsible for maintaining the confidentiality of any account credentials issued to you and for activity under them.
6.2 By providing your contact information, you consent to receive communications from us about our programs and activities. Marketing emails include an unsubscribe option.
6.3 Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms.
7. DONATIONS
7.1 Ndovu Films is a 501(c)(3) public charity (EIN 33-1348717). Donations are tax-deductible to the extent permitted by law; we provide written acknowledgment for donations as required by IRS rules. Consult your tax advisor about your individual situation.
7.2 Donations are non-refundable. If you believe a donation was made in error or without authorization, contact us within fifteen (15) days and we will review the request in good faith.
7.3 Unless a written pledge or grant agreement states otherwise, donations are unrestricted and will be used in furtherance of Ndovu Films’ charitable and educational mission as its Board directs.
8. PAYMENTS
Payments made through the Site or linked checkout pages (including program tuition) are processed by third-party payment processors (such as Stripe). We do not store full payment card numbers. Program tuition is payment for educational services, is not a charitable contribution, and is governed by the applicable enrollment terms, including their refund provisions.
9. THIRD-PARTY SITES AND SERVICES
The Site may link to third-party websites, platforms, and services (including social media, video platforms, and payment pages). We do not control and are not responsible for their content, policies, or practices. Your use of them is at your own risk and subject to their terms.
10. DISCLAIMERS
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT INFORMATION ON THE SITE (INCLUDING PROGRAM SCHEDULES AND PRICING) IS COMPLETE OR CURRENT AT ALL TIMES. EDUCATIONAL CONTENT ON THE SITE IS GENERAL INFORMATION AND DOES NOT GUARANTEE ANY OUTCOME, CREDENTIAL, EMPLOYMENT, OR CAREER RESULT.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, NDOVU FILMS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, INSTRUCTORS, VOLUNTEERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US THROUGH THE SITE IN THE TWELVE MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED.
12. INDEMNIFICATION
You agree to indemnify and hold harmless Ndovu Films and its officers, directors, employees, instructors, volunteers, and agents from claims, damages, and reasonable attorneys’ fees arising out of your violation of these Terms, your misuse of the Site, or your violation of any law or third-party right in connection with the Site.
13. COPYRIGHT COMPLAINTS
We respect intellectual-property rights. If you believe content on the Site infringes your copyright, send a notice to our designated contact at partnerships@ndovufilms.org including: identification of the work and the allegedly infringing material (with URL), your contact information, a statement of good-faith belief that the use is unauthorized, a statement under penalty of perjury that your notice is accurate and you are authorized to act, and your physical or electronic signature. We will review and respond appropriately, including removal of infringing material where warranted.
14. TERMINATION
We may suspend or terminate your access to the Site at any time for violation of these Terms or to protect the Site, our users, or our organization. Sections 3, 4, 10, 11, 12, and 15 survive termination.
15. GOVERNING LAW; DISPUTES
These Terms are governed by the laws of the State of South Carolina, without regard to conflict-of-law rules. Before filing any legal action, the parties will attempt in good faith to resolve the dispute through direct discussion for at least thirty (30) days after written notice. Any legal action arising out of these Terms or the Site must be brought exclusively in the state courts located in Richland County, South Carolina, and you consent to personal jurisdiction and venue there.
16. CHANGES TO THESE TERMS
We may update these Terms from time to time. The “Effective Date” above reflects the latest revision. Material changes will be posted on the Site, and continued use after posting constitutes acceptance. Program enrollments remain governed by the enrollment terms in effect when you enrolled.
17. GENERAL
If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will remain in effect. These Terms, the Privacy Policy, and any program- or product-specific terms you accept are the entire agreement between you and Ndovu Films regarding the Site. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor of our operations.
Contact: Ndovu Films — 2607 Woodruff Rd Ste E PMB 3020, Simpsonville, SC 29681 — partnerships@ndovufilms.org — 828-242-6016