January 20, 2010
All content on the Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to Your own User Content (as defined below) that You legally post on the Site.
Except for Your own User Content, You may not either directly or through the use of any device, software, internet site, web-based service or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Site Content. For clarity, You are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Site Content, including without limitation montages, mash-ups and similar videos, wallpaper, desktop themes, and merchandise.
User Registration & Account Security
To register for the Site, You must provide accurate, current and complete information about You as may be prompted by any registration forms on the Site. You must maintain and promptly update the all registration information, and any other information You provide to Company, to keep it accurate, current and complete. We will not be responsible for any communications that do not reach You because of Your failure to update information in a timely manner. Additionally, You should at all times maintain the security of Your password and identification, as You will be solely responsible for all use of Your account and for any actions that take place using Your account.
Access and Use of the Site
(a) You must be at least 13 years of age to visit the Site.
(b) You represent, warrant and agree that no materials of any kind submitted through Your account or otherwise posted, transmitted, or shared by You on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
(c) You are solely responsible for Your conduct and any data, text, information, screen names, graphics, photos, audio and video clips, and profiles that You submit, post, and display on the Site.
(d) You must not transmit any worms or viruses or any code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
(f) You must not upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
(g) You must not upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
(h) You must not use the Site to advertise or promote any competing site or service.
(i) You must not encourage or otherwise engage in conduct that would constitute a criminal offense or give rise to civil liability under any laws of Your jurisdiction.
(j) You must not upload, post, transmit, share, store or otherwise make available any content that We deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
(k) You must not upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
If We determine that You are violating any of these Terms, We may (i) notify You, and (ii) use technical measures to block or restrict Your access or use of the Site. In either case, You agree to immediately cease accessing or using in any way (or attempting to access or use) the Site and the Site Content, and You agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
User Content Posted on the Site
You are solely responsible for the text, videos, photos, sounds, musical works, works of authorship, profiles (including Your name, image, and likeness), messages, notes, and other content (collectively the "User Content") that You upload, publish or display (hereinafter, "post") on the Site, or transmit to or share with other users. Note that You must not post, transmit, or share User Content on the Site that You did not create or that You do not have permission to post. You also represent and warrant that the posting of Your User Content does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your posting User Content.
You understand and agree that the We reserve the right – but have no obligation – to monitor and review the Site, and delete or remove (without notice) any Site Content or User Content, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
Linked Websites and Advertising
The Site may include advertisements for products or services offered by other companies, and We may receive payment from these advertisers. Although We believe You may find that information offered by advertisers is helpful, We do not endorse or guaranty any product or service offered by advertisers. We expressly disclaim and all liability for any loss or claim that You may have against an advertiser.
We will review and take seriously all claims of copyright infringement received, and remove content deemed to have been posted or distributed in violation of applicable copyright laws. If You believe Your work has been copied and posted on the Site in a way that constitutes copyright infringement, please send a notification of claimed infringement with all of the following information:
(a) Identification and description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) Identification and description of the infringing material and information reasonably sufficient to permit Us to locate the material (such as a URL(s) with the location of the claimed infringing material);
(c) Your contact information, including Your address, telephone number, and email;
(d) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) A statement by You, made under penalty of perjury, that the above information in Your notification is accurate and that You are the copyright owner or You are authorized to act on the copyright owner's behalf;
(f) A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.
Claims can be sent to firstname.lastname@example.org or Cinetic Rights Management LLC, 555 West 25th Street, 4th Floor, New York, NY 10001. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA).
FilmBuff, the FilmBuff logo, and other marks, graphics, logos, scripts, and sounds of or relating to FilmBuff are trademarks of Cinetic Rights Management LLC, and shall not be copied, downloaded, or otherwise exploited by any third party without the express written consent of Cinetic Rights Management LLC.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CINETIC RIGHTS MANAGEMENT LLC DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SITE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL CINETIC RIGHTS MANAGEMENT LLC OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE "SITE OWNERS"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE SITE OWNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'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 US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SITE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU TO US FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CINETIC RIGHTS MANAGEMENT LLC FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SITE. CINETIC RIGHTS MANAGEMENT LLC RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Cinetic Rights Management LLC agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the Site. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
This Agreement is accepted upon Your use of the Site, and it constitutes the entire agreement between You and Us regarding Your use of the Site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Information Collection and Use
Our primary goals in collecting personally identifiable information are to provide You with the product and services made available through the Site, including, but not limited, to the Service, to communicate with You, and to manage Your registered user account, if You have one.
Site Registration. If You become a registered user of the Site, You will be required to submit certain personally identifiable information to Us. Personally identifiable information collected by Us in such instances may include Your IP address, full user name, password, email address, city, time zone, telephone number, and other information that You decide to provide Us with, or that You decide to include in Your public profile.
Use of Contact Information. We may use Your contact information to market to You, and provide You with information about, Our products and services. If You decide at any time that You no longer wish to receive such information or communications from Us, please follow the unsubscribe instructions provided in any of the communications.
Log Data. When You visit the Site, Our servers automatically record information that Your browser sends whenever You visit a website ("Log Data"). This Log Data may include information such as Your IP address, browser type or the domain from which You are visiting, the web-pages You visit, the search terms You use, and any advertisements on which You click. For most users accessing the Internet from an Internet service provider the IP address will be different every time You log on. We use Log Data to monitor the use of the Site and of Our Service, and for the Site’s technical administration. We do not associate Your IP address with any other personally identifiable information to identify You personally, except in case of violation of the Terms of Service
Information Sharing and Disclosure
Service Providers. We engage certain trusted third parties to perform functions and provide services to Us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share Your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of Your data.
Compliance with Laws and Law Enforcement. We take seriously requests for cooperation with government and law enforcement officials or private parties as necessary to enforce and comply with the law. We may disclose any information about You to government or law enforcement officials or private parties as We, in Our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect Our property or the property of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
Business Transfers. We may sell, transfer or otherwise share some or all of Our assets, including Your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Security. We are very concerned about safeguarding the confidentiality of Your personally identifiable information. We employ reasonable administrative, physical and electronic measures to safeguard Your information from loss, theft and unauthorized use or disclosure.
Despite these efforts, please note that no data transmission or storage can be guaranteed to be 100% secure. We want You to feel confident using the Site but We cannot ensure or warrant the security of any information You transmit to Us. Please refer to the U.S. Federal Trade Commission's web site for information on how to protect yourself from identity theft.
We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of Your unencrypted electronically stored personal data to You via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Links to Other Websites. Our Site contains links to other websites. The fact that We link to a website is not an endorsement, authorization or representation of Our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on Your computer, collect data or solicit personally identifiable information from You. Other sites follow different rules regarding the use or disclosure of the personally identifiable information You submit to them. We encourage You to read the privacy policies or statements of the other websites You visit.
Please be aware that We do not warn You when You have chosen to link through to another website from the Site.
Our Policy Towards Children. The Site is not intended for children under 13 years of age. We do not knowingly collect personally identifiable information from children under 13 years of age. If We become aware that a child under 13 has provided Us with personal identifiable Information, We will delete such information from Our files.
Attention: Legal Department
Cinetic Rights Management LLC
555 West 25th Street 4th Floor
New York, NY 10001