1. Terms and Conditions
From time to time Movienewz.com may provide you with opportunities to link to, or otherwise use, sites and services offered through third-party service providers. Your use of these third-party services is subject to terms posted by these third-party service providers. We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to our visitors. Such third-party linked sites are not under our control and we are not responsible for and do not endorse their content. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement. By opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers signifies your agreement to those additional terms of the respective third parties.”
2. Description of Site Services
The Site currently provides users with access to a rich collection of online resources, including various communications tools, online forums, news content, online video, music, images, and services offered through third-party service providers. Unless explicitly stated otherwise, any new features that augment or enhance the Site, including the release of new or specialized web-based services, are subject to these TOU. In some instances, these TOU and a separate end user license or similar agreement will apply to a service or product offered by the Site. We may add, change, remove, suspend or discontinue any aspect of the Site at any time without notice. We may also impose limits on certain features and services or restrict access to parts of or all of the Site without notice or liability. In order to use the Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access devices.”
3. Copyright and Other Intellectual Property
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Movienewz.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
In accessing the Movienewz.com site, you agree that you do so only for your own personal, non-commercial use. You may not use the Movienewz.com web site anyway that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
You may not, without our prior written permission, frame or inline link also known as “hot link”, “direct link” any of the content of the Site, or incorporate into another website or other service any of our material, content, or intellectual property.
Information about requesting permission to reproduce or distribute materials from the Site can be requested through the Feedback Form.
You may download one copy of the information, content or materials on any single computer for your personal, noncommercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the information, content or materials, (c) you do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands, and (d) you do not download information, content or materials so as to avoid future downloads from the Movienewz.com website. The use of any information, content, or materials on the Movienewz.com website on any other Web site or computer environment is prohibited.”
4. Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Site in a manner that constitutes copyright infringement, please contact Movienewz.com by using the Feedback Form. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. MOVIENEWZ.COM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO THE COPYRIGHT OWNER OR ITS AGENT. UNDER NO CIRCUMSTANCE WILL THE COMPANY OR ITS PARTNERS BE COERCED, THREATENED, INTIMIDATED, OR PAY MONETARY DAMAGES FOR ALLEGED COPYRIGHT INFRINGEMENT.
Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.”
5. Links To Other Web Sites
6. Communication and Submissions
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features, such as personalized home pages and email services, which allow users to communicate with others.
By posting or submitting any material (including, without limitation, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
We reserve the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
You may not submit materials that have been trademarked or copyrighted by anyone other than yourself. When you submit movie information, publicity stills, or any correspondence on or through the site it is considered your original and copyrighted work and you are licensing the content to Movienewz.com for publication. We may modify the format and display of the work, but not the content. It may be distributed across Movienewz.com for promotion and marketing of our services and operation of our system. Notwithstanding this license, Movienewz.com will take reasonable precautions to help you to keep your email and identity private if you so request.”
7. Acceptable Use
Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your will not use the Web Site to:
Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available:
(i) any material that is false, unlawful, threatening, disparaging (including disparaging of Company, its parent, subsidiaries or affiliates), anything that adversely affects Movienewz.com such as discouraging any person or entity from advertising with, linking to or supplying Movienewz.com, abusive, libelous, defamatory, obscene, vulgar, obscene, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Our sole discretion;
(ii) information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right;
(iii) material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user’s uninhibited use and enjoyment of the Web Sites, interferes with or disrupts the Web Sites or servers or networks connected to the Web Sites, or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Sites;
(iv) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Web Sites, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Web Sites; or
(v) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” requests for money, petitions for signature, or any other form of solicitation; Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Web Sites are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;
Use or attempt to use another’s information, account, password, service or system except as expressly permitted;
Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users.
You represent, warrant and agree that you will comply with the above acceptable use policy.”
YOU EXPRESSLY AGREE THAT YOUR USE OF THE NETWORK IS AT YOUR SOLE RISK. All materials, information, software, products and services included in or available through the network are provided on an “as is” and “as available” basis. All such materials, information, software, products and services are provided without, and the company, its subsidiaries and licensors hereby expressly disclaim, any warranties of any kind, either express, implied or statutory, including, without limitation, any implied warranties of merchantability, fitness for a particular use or purpose, title, or non-infringement. The company, its subsidiaries and licensors do not represent or warrant that the network will function without interruption, that the network is error- or defect-free, that any such defects or errors will be corrected, or that the network and the server(s) that make the network available are free of viruses or other harmful components. No advice or information, whether oral or written, that you obtain from the company, its subsidiaries, licensors or otherwise through your use of the network shall create any warranty. Further, the company, its subsidiaries and licensors do not warrant or represent that the use or the results of the use of any materials, information, software, products or services included in or available through the network will be correct, accurate, timely or reliable.”
10. Limitations on Liability
In no event shall the company, its subsidiaries or licensors, or any other person or entity involved in creating or distributing the network be liable for any direct, indirect, incidental, special or consequential damages, however arising and under any theory of liability (including, without limitation, tort, including negligence and strict liability, breach of contract or breach of warranty), that result from your use of or inability to use the network, any changes to the network or this agreement, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the network. The company, its subsidiaries and licensors, and any other person or entity involved in creating or distributing the network are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. If you are dissatisfied with the network, or any materials, information, software, products or services included in or available through the network, your sole and exclusive remedy is to discontinue using the network. The foregoing limitations on liability shall be applicable even if the company or the applicable third party knew or should have known of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.”
You agree to defend, indemnify and hold us harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.”
12. Applicable Laws
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this 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.”
13. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.”
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Sites and the Content, including, without limitation, those governing your transmission or use of any software or data. These TOU and any applicable end user license or similar agreements contain the sole and entire agreement between the parties with respect to the Web Sites, the Content and Your Upload Information and supersedes any and all other prior written or oral agreements between them. The section titles in these TOU are for your convenience only and do not have any legal or contractual effect. You agree that these TOU will not be construed against Company by virtue of having drafted these TOU. If any provision of these TOU shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these TOU. No waiver on the part of Company of any of these TOU will be of any force or effect unless made in writing and signed by a duly authorized officer of Company.”