Terms and Condition
Last Revision: December 15th, 2002.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
If you do not agree to these terms and conditions, you may not use this Site.
By using this Site, you signify that you agree to these Terms of Use. This Agreement
is made between this site and you, as a Site visitor and/or Member ("you").
We reserve the right at any time to:
change the terms of this Agreement or;
change the Services, including eliminating or discontinuing any content on or feature
of any Site.
Notice of Changes:
Any changes we make will be effective immediately on notice, which we may give either
by posting the new Agreement on the Site or via electronic mail. Your use of the
Site after such notice will be deemed acceptance of such changes. Be sure to review
this Agreement periodically to ensure your familiarity with the most current version.
You will always be able to tell when the version was last updated by checking the
"Last Revised" date at the top of the Agreement.
Definitions:
Site: The web site which this TOU was served from.
Owner/Operator: The owner and operator of the Site and/or their designees.
Admin/Administrator:
Registered users who have been selected to have additional rights, privilages and
responsibilities on this Site. Selection of Admins are by various methods including,
but not limited to, automatic based on site information and selection by the Owner/Operator.
1. CODE OF CONDUCT.
While using the Site you agree not to:
A. Post, transmit, or otherwise make available anything that is or may be
(i) threatening, harassing, degrading, hateful, baiting, insulting or intimidating;
(ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic,
or otherwise objectionable; or (v) protected by copyright, trademark, trade secret,
right of publicity, or other proprietary right without the express permission of
the owner of such copyright, trademark, trade secret, right of publicity, or other
proprietary right.
B. Use the Site for any illegal purpose; or post, transmit, or otherwise
make available any material which would give rise to criminal or civil liability;
which encourages conduct that constitutes a criminal offense; or which encourages
or provides instructional information about illegal activities, or activities such
as hacking, cracking, or phreaking
C. Post, transmit, or otherwise make available any material that would violate
another person's privacy or other rights, including any message containing personal
identification information, including phone numbers or addresses (including your
own).
D. Post, transmit, or otherwise make available any material, non-public information
about a company without the proper authorization to do so.
E. Interfere with any other user's right to privacy; or harvest or collect
personally identifiable information about users of the Site; or "stalk" or otherwise
harass another.
F. Impersonate any person or entity, including, but not limited to, any Owner/Operator
representative; falsely state or otherwise misrepresent your affiliation with any
person or entity; forge headers or otherwise manipulate identifiers in order to
disguise the origin of any materials transmitted through the Site; or express or
imply that we endorse any statement you make without our prior written consent.
G. Post, transmit, or otherwise make available any virus, worm, Trojan Horse,
easter egg, time bomb, spyware, or any other computer code, file, or program that
may or is intended to damage or hijack the operation of any hardware, software,
or telecommunications equipment.
H. Interfere with or disrupt the Site, or the servers or networks that provide
the Site; or disobey any requirements, procedures, policies, or regulations of such
networks.
I. Restrict or inhibit any other user from using the Site, including by means
of hacking or defacing any portion of the Site.
J. Post, transmit, or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," investment opportunity, or any other form of solicitation.
K. Reproduce, duplicate, copy, sell, resell, or exploit for any commercial
purposes, any portion of (i) the Site; (ii) use of the Site; or (iii) access to
the Site. Unauthorized use of the Site's content and trademarks may be a violation
of federal and state laws (including without limitation federal and state laws relating
to copyright infringement, trademark infringement, trademark dilution, unfair competition
and cybersquatting), which may result in civil and criminal liability.
L. Remove any copyright, trademark, or other proprietary rights notice contained
on the Site.
M. Frame or mirror any part of the Site without the Owner/Operator's prior
written authorization.
N. Create a database by systematically downloading and storing all or any
of the content on the Site.
O. 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 or its contents,
unless otherwise permitted by the Owner/Operator in writing.
P. Create multiple and/or secondary accounts on any of the Site, with the
following exception: multiple accounts can be created on the MovieChatter.com website
as a consequence of your registering for accounts with the following sites: Nitpickers.com
and MovieQuotes.com. However, you may not use accounts obtained this way to give
other users the impression that you are different user, or to avoid a ban on another
account.
You understand that all information and materials available through the Site, whether
publicly posted or privately transmitted, are the sole responsibility of the person
from which such information and materials originated. This means that you, and not
the Owner/Operator, are entirely responsible for all materials that you upload,
post, email, transmit or otherwise make available via the Site. The Owner/Operator
does not control the materials posted via the Site and therefore does not guarantee
the accuracy, integrity or quality of such materials. You understand that by using
the Site you may be exposed to content that is offensive or objectionable. While
using the Site you agree to comply with all applicable laws, rules and regulations.
We have no obligation to monitor the Site or any materials that you transmit to
the Site. However, you acknowledge and agree that we have the right to (a) monitor
the Site from time to time and the materials you transmit; (b) delete, edit, move,
or disable any materials; and (c) disclose any information (including your personal
contact information) to any third party in order to operate the Site properly; to
protect the Owner/Operator, the Site, our sponsors, partners, affiliates, and our
members and visitors or any other party; and to comply with any legal obligations
or governmental or other appropriate requests. Upon our request, you agree to sign
a non-electronic version of this Agreement.
2. ENFORCEMENT OF CODE
The Owner/Operator, his designees, and/or the Admins for that site may suspend,
ban or remove your account with or without notice for violations of the Code of
Conduct set forth in Paragraph 1, or any other reason deemed appropriate by the
Owner/Operator.
Determination of violations of the Code of Conduct, as specified above, shall be
at the discretion of the Owner/Operator, his designees, and/or the Admins for that
Website.
If it is determined that you have, at any time, violated the Code of Conduct set
forth in Paragraph 1 your access to the Site may be:
suspended for a number of days;
suspended indefinitely;
barred permenantly, thereafter prohibiting you from submitting or posting any further
material on the Site.
The level of enforcement is solely at the discretion of the Owner/Operator, his
designees, and/or the Admins for that Website.
3. INTELLECTUAL PROPERTY
A. You may not copy, reproduce, republish, upload, post, transmit or distribute
materials from the Site in any way, without our 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, all copyright
and other proprietary notices. Modification of the materials or use of the materials
for any other purpose is a violation of our copyright and other proprietary rights,
and is strictly prohibited. You acknowledge that you do not acquire any ownership
rights by using the Site.
B. Unless otherwise stated, any information and/or data submitted to the
Site becomes the sole property of Owner/Operator. The Owner/Operator has the authority
and right to determine which submissions shall be posted to the Site, as well as
to edit the information for syntax and content. Use of the information is at the
discretion of the Owner/Operator.
C. Posts and submissions to the specific site listed below are excluded from
Paragraph 3, Subsection B and are your property and responsibility:
MovieChatter.com
D. The Owner/Operator and/or his designees and Admins reserve the right to
edit and/or delete any submission or post made to the Site without notice or explaination
at our sole discretion.
E. Use of information on the Site, or any likeness of the Site, or the ideas
of the Site is strictly prohibited without formal written permission of the Owner/Operator.
4. PRIVACY STATEMENT
Email Address: A valid email address is required when registering with the
Site. This email address is treated as private and confidential information and
is not shared, published or sold in any way, except as necessary to protect the
Owner/Operator, the Site, our sponsors, partners, affiliates, and our members and
visitors or any other party; and to comply with any legal obligations or governmental
or other appropriate requests.
Site Cookies: The Site place and retrieve a number of cookies on your browser
in order to provide each site's services and functions. These cookies and the information
they contain are not shared in any way.
CHILDREN: Kids under 13. The Site are not directed to children under the
age of 13. The Site do not collect age information and will not knowingly collect
personally identifiable information from children under 13.
Third Party Advertising: The Site use third-party advertising companies to
serve ads when you visit the Site. These companies may use information (not including
your name, address, email address or telephone number) about your visits to the
Site and other Web sites in order to provide advertisements on the Site and other
sites about goods and services that may be of interest to you. If you would like
more information about this practice and to know your choices about not having this
information used by these companies, please
click here.
Third Party Cookies: In the course of serving advertisements for the Site,
our third-party ad servers may place or recognize a unique cookie on your browser.
5. 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, its territories, possessions
and protectorates. We control and operate the Site from within the State of Alabama,
United States of America. We make no representation that materials in 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 local laws are applicable.
We reserve 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 our sole discretion, and to limit the
quantities of any such service, program, or other product that we provide.
6. TERMINATION
This agreement is effective until terminated by either party. You may terminate
this agreement at any time by notifying us and ceasing all use of the Site. This
agreement will terminate immediately without notice from us if, in our sole discretion,
you fail to comply with any term or provision of this agreement. Upon termination,
you may not make any further use of the Site or any materials obtained from the
Site (unless and until you agree to be bound by the then-current applicable Terms
of Use). Any provisions of this Agreement which, by their terms, ought to survive,
shall survive any termination of this Agreement.
7. DISCLAIMERS
THE MATERIALS CONTAINED ON AND/OR IN THE SITES, ANY PRODUCT OR SERVICE OBTAINED
THROUGH THE SITES, OR THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, THE Owner/Operator 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.
The Owner/Operator AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT
YOUR USE OF THE SITES, OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES (OR THE SERVER THAT MAKES THEM
AVAILABLE) OR SOFTWARE 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 SITES, AND
THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF the
Owner/Operator OR ITS AFFILIATES, SUPPLIERS, OR AGENTS, WHETHER MADE ON THE Site,
IN THE SERVICES, SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY.
We neither endorse nor are responsible for any opinion, advice, information, or
statement made or displayed on the Site by third parties. Under no circumstances
will we or our affiliates, suppliers, or agents be liable for any loss or damage
caused by your reliance on such information obtained through the Sites Remember
that it's your responsibility to evaluate the accuracy and reliability of any opinion,
advice, information, or statement available on the Site.
THE SITE MAY CONTAIN LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL
OF Owner/Operator AND Owner/Operator IS NOT RESPONSIBLE FOR THE CONTENT ON ANY LINKED
SITES. IF YOU ACCESS A THIRD-PARTY SITE FROM OUR SITES, THEN YOU DO SO AT YOUR OWN
RISK. The Owner/Operator PROVIDES LINKS AS A CONVENIENCE AND THE INCLUSION OF THE
LINK DOES NOT IMPLY THAT the Owner/Operator ENDORSES OR ACCEPTS ANY RESPONSIBILITY
FOR THE CONTENT ON THOSE THIRD-PARTY SITES.
8. LIMITATION OF LIABILITY
NEITHER the Owner/Operator 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 SITES AND/OR CONTENT CONTAINED
ON THE SITES, THE SOFTWARE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITES, THE SOFTWARE,
AND/OR CONTENT CONTAINED WITHIN THE SITES IS TO STOP USING THE SITES, AND/OR SOFTWARE,
AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO the Owner/Operator 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.
9. INDEMNIFICATION
You agree to indemnify, defend and hold us, our officers, directors, employees,
agents 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 Paragraph
1 of Section 1; (b) any allegation that any materials that you submit to us or transmit
to the Site infringe or otherwise violate the copyright, trademark, trade secret
or other intellectual property or other rights of, or defame, any third party; and/or
(c) your activities in connection with the Site.
10. GOVERING LAW; LEGAL PROCEEDINGS
A. THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE
OF ALABAMA AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED
ENTIRELY IN ALABAMA AND WHERE THE RELEVANT CONTACTS ARE WITH SUCH STATE SHALL GOVERN
(i) THE VALIDITY AND INTERPRETATION OF THIS AGREEMENT, (ii) THE PERFORMANCE BY THE
PARTIES OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER, AND (iii) ALL OTHER CAUSES OF
ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR THE TERMINATION OF THIS AGREEMENT.
B. The parties hereby agree to submit any disputes or controversies relating to
any of the matters referred to in subparagraph (a) above to a court in and of the
State of Alabama, United States of America.
11. MISCELLANEOUS
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 is the entire Agreement between us relating to the subject matter herein and
supersedes and any all prior or contemporaneous written or oral Agreements between
us. This Agreement is not assignable, transferable or sublicensable by you except
with the Owner/Operator's prior written consent. 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.