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Terms of use agreement |
www.scifimoviepage.com (the "Site")
This Agreement was last revised on March 8, 2010.
Welcome to the Site, a website and online service
owned and operated by James O’Ehley ("Company" "we,"
or "us"). This page explains the terms by which you
may use our service. By accessing or using the Company
services, website and software provided through or in
connection with the service ("Service"), you signify
that you have read, understood, and agree to be bound
by this Terms of Use Agreement ("Agreement"), whether
or not you are a registered user of our Service.
We reserve the right to amend this Agreement at any
time and without notice. If we do this, we will post
the amended Agreement on this page and indicate at the
top of the page the date the Agreement was last
revised. Your continued use of the Service after any
such changes constitutes your acceptance of the new
Terms of Use. If you do not agree to any of these
terms or any future Terms of Use, do not use or access
(or continue to access) the Service. This Agreement
applies to all visitors, users, and others who access
the Service (“Users”).
1. Use of Our Service
Company grants you permission to use the Service as
set forth in this Agreement, provided that: (i) you
will not copy, distribute, or disclose any part of the
Service in any medium; (ii) you will not alter or
modify any part of the Service other than as may be
reasonably necessary to use the Service for its
intended purpose; and (iii) you will otherwise comply
with the terms and conditions of this Agreement.
You do not have to register in order to visit Company.
To access certain features of the Service, though, you
will need to register with Company and create a
“Member” account. Your account gives you access to the
services and functionality that we may establish and
maintain from time to time and in our sole discretion.
You may never use another Member’s account without
permission. When creating your account, you must
provide accurate and complete information. You are
solely responsible for the activity that occurs on
your account, and you must keep your account password
secure. You must notify Company immediately of any
breach of security or unauthorized use of your
account. Although Company will not be liable for your
losses caused by any unauthorized use of your account,
you shall be liable for the losses of Company or
others due to such unauthorized use.
By providing Company your email address you consent to
our using the email address to send you
Service-related notices, including any notices
required by law, in lieu of communication by postal
mail. We reserve the right to determine whether you
may opt out of Service-related emails. We may also use
your email address to send you other messages,
including changes to features of the Service and
special offers. If you do not want to receive such
email messages, you may opt out. Opting out may
prevent you from receiving email messages regarding
updates, improvements, or offers.
You agree not to use or launch any automated system,
including without limitation, "robots," "spiders,"
"offline readers," etc., that accesses the Service in
a manner that sends more request messages to the
Company servers than a human can reasonably produce in
the same period of time by using a conventional
on-line web browser. You agree not to collect or
harvest any personally identifiable information,
including account names, from the Service nor to use
the communication systems provided by the Service for
any commercial solicitation purposes.
Company may permanently or temporarily terminate,
suspend, or otherwise refuse to permit your access to
the Service without notice and liability, if, in
Company's sole determination, you violate any of the
Agreement, including the following prohibited actions:
(i) attempting to interfere with, compromise the
system integrity or security or decipher any
transmissions to or from the servers running the
Service; (ii) taking any action that imposes, or may
impose at our sole discretion an unreasonable or
disproportionately large load on our infrastructure;
(iii) uploading invalid data, viruses, worms, or other
software agents through the Service; (iv)
impersonating another person or otherwise
misrepresenting your affiliation with a person or
entity, conducting fraud, hiding or attempting to hide
your identity; (v) interfering with the proper working
of the Service; or, (vi) bypassing the measures we may
use to prevent or restrict access to the Service. Upon
termination for any reason, you continue to be bound
by this Agreement.
You are solely responsible for your interactions with
other Company Users. We reserve the right, but have no
obligation, to monitor disputes between you and other
Users. Company shall have no liability for your
interactions with other Users, or for any User’s
action or inaction.
2. User Content
Some areas of the Service may allow Users to post
feedback, comments, questions, and other information
(“User Content”). You are solely responsible for your
User Content that you upload, publish, display, link
to or otherwise make available (hereinafter, “post”)
on the Service, and you agree that we are only acting
as a passive conduit for your online distribution and
publication of your User Content.
You agree not to post User Content that: (i) may
create a risk of harm, loss, physical or mental
injury, emotional distress, death, disability,
disfigurement, or physical or mental illness to you,
to any other person, or to any animal; (ii) may create
a risk of any other loss or damage to any person or
property; (iii) may constitute or contribute to a
crime or tort; (iv) contains any information or
content that we deem to be unlawful, harmful, abusive,
racially or ethnically offensive, defamatory,
infringing, invasive of personal privacy or publicity
rights, harassing, humiliating to other people
(publicly or otherwise), libelous, threatening, or
otherwise objectionable; (v) contains any information
or content that is illegal; (vi) contains any
information or content that you do not have a right to
make available under any law or under contractual or
fiduciary relationships; or (vii) contains any
information or content that you know is not correct
and current. You agree that any User Content that you
post does not and will not violate third-party rights
of any kind, including without limitation any
Intellectual Property Rights (as defined below) and
rights of publicity and privacy. Company reserves the
right, but is not obligated, to reject and/or remove
any User Content that Company believes, in its sole
discretion, violates these provisions. You understand
that publishing your User Content on the Service is
not a substitute for registering it with the U.S.
Copyright, the Writer’s Guild of America, or any other
rights organization.
For the purposes of this Agreement, “Intellectual
Property Rights” means all patent rights, copyright
rights, mask work rights, moral rights, rights of
publicity, trademark, trade dress and service mark
rights, goodwill, trade secret rights and other
intellectual property rights as may now exist or
hereafter come into existence, and all applications
therefore and registrations, renewals and extensions
thereof, under the laws of any state, country,
territory or other jurisdiction.
Company takes no responsibility and assumes no
liability for any User Content that you or any other
Users or third parties post or send over the Service.
You understand and agree that any loss or damage of
any kind that occurs as a result of the use of any
User Content that you send, upload, download, stream,
post, transmit, display, or otherwise make available
or access through your use of the Service, is solely
your responsibility. Company is not responsible for
any public display or misuse of your User Content. You
understand and acknowledge that you may be exposed to
User Content that is inaccurate, offensive, indecent,
or objectionable, and you agree that Company shall not
be liable for any damages you allege to incur as a
result of such User Content.
3. License Grant
By posting any User Content on the Service, you
expressly grant, and you represent and warrant that
you have a right to grant, to Company a royalty-free,
sublicensable, transferable, perpetual, irrevocable,
non-exclusive, worldwide license to use, reproduce,
modify, publish, list information regarding, edit,
translate, distribute, publicly perform, publicly
display, and make derivative works of all such User
Content and your name, voice, and/or likeness as
contained in your User Content, in whole or in part,
and in any form, media or technology, whether now
known or hereafter developed for use in connection
with the Service.
Subject to the terms and conditions of this Agreement,
you are hereby granted a non-exclusive, limited,
personal license to use the Service. Company reserves
all rights not expressly granted herein in the Service
and the Company Content (as defined below). Company
may terminate this license at any time for any reason
or no reason.
4. Our Proprietary Rights
Except for your User Content, the Service and all
materials therein or transferred thereby, including,
without limitation, software, images, text, graphics,
illustrations, logos, patents, trademarks, service
marks, copyrights, photographs, audio, videos, music,
and User Content (the "Company Content"), and all
Intellectual Property Rights related thereto, are the
exclusive property of Company and its licensors.
Except as explicitly provided herein, nothing in this
Agreement shall be deemed to create a license in or
under any such Intellectual Property Rights, and you
agree not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative
works from any materials or content accessible on the
Service. Use of the Company Content or materials on
the Service for any purpose not expressly permitted by
this Agreement is strictly prohibited.
You may choose to or we may invite you to submit
comments or ideas about the Service, including without
limitation about how to improve the Service or our
products (“Ideas”). By submitting any Idea, you agree
that your disclosure is gratuitous, unsolicited and
without restriction and will not place Company under
any fiduciary or other obligation, that we are free to
disclose the Ideas on a non-confidential basis to
anyone or otherwise use the Ideas without any
additional compensation to you. You acknowledge that,
by acceptance of your submission, Company does not
waive any rights to use similar or related ideas
previously known to Company, or developed by its
employees, or obtained from sources other than you.
5. Eligibility
This Service is intended solely for Users who are
thirteen (13) years of age or older, and any
registration, use or access to the Service by anyone
under 13 is unauthorized, unlicensed, and in violation
of this Agreement. Company may terminate your account,
delete any content or information that you have posted
on the Service, and/or prohibit you from using or
accessing the Service (or any portion, aspect or
feature of the Service) for any reason or no reason,
at any time in its sole discretion, with or without
notice, including without limitation if it believes
that you are under 13. If you are under 18 years of
age you may use the Service only if you either are an
emancipated minor, or possess legal parental or
guardian consent, and are fully able and competent to
enter into the terms, conditions, obligations,
affirmations, representations, and warranties set
forth in this Agreement, and to abide by and comply
with this Agreement.
6. Privacy
We care about the privacy of our Users. Please see our
posted Privacy Policy. By using the Service, you are
consenting to have your personal data transferred to
and processed in the United States.
7. Security
We have implemented commercially reasonable technical
and organizational measures designed to secure your
personal information from accidental loss and from
unauthorized access, use, alteration or disclosure.
However, we cannot guarantee that unauthorized third
parties will never be able to defeat those measures or
use your personal information for improper purposes.
You acknowledge that you provide your personal
information at your own risk.
8. DMCA Notice
If you believe that your copyrighted work has been
copied in a way that constitutes copyright
infringement and is accessible via the Service, please
notify Company's copyright agent, as set forth in the
Digital Millennium Copyright Act of 1998 ("DMCA"). For
your complaint to be valid under the DMCA, you must
provide the following information in writing:
1. An electronic or physical signature of a person
authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you
claim has been infringed;
3. Identification of the material that is claimed to
be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Company
to contact you, such as your address, telephone
number, and, e-mail address;
5. 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 law;
and
6. A statement, made under penalty of perjury, that
the above information is accurate, and that you are
the copyright owner or are authorized to act on behalf
of the owner.
The above information must be submitted to:
AtomicOnline, LLC
4859 W. Slauson Ave., Suite 549
Los Angeles, CA 90056
Attn: General Counsel
Email: legal@atomiconline.com
Phone: (310) 449-1890
Facsimile: (310) 449-1891
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT
ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO
CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES,
INCLUDING MONETARY DAMAGES, COURT COSTS, AND
ATTORNEYS’ FEES.
Please note that this procedure is exclusively for
notifying Company and its affiliates that your
copyrighted material has been infringed. The preceding
requirements are intended to comply with Company's
rights and obligations under the DMCA, including 17
U.S.C. §512(c), but do not constitute legal advice. It
may be advisable to contact an attorney regarding your
rights and obligations under the DMCA and other
applicable laws.
In accordance with the DMCA and other applicable law,
Company has adopted a policy of terminating, in
appropriate circumstances and at Company's sole
discretion, members who are deemed to be repeat
infringers. Company may also at its sole discretion
limit access to the Service and/or terminate the
accounts of any Users who infringe any intellectual
property rights of others, whether or not there is any
repeat infringement.
9. Additional Representations and Warranties
You shall be solely responsible for your own User
Content and the consequences of posting or publishing
it. In connection with User Content, you affirm,
represent and warrant, in addition to the other
representations and warranties in this Agreement, the
following:
a. You are at least 18 years of age, or if you are
under 18 years of age you are either an emancipated
minor, or possess legal parental or guardian consent,
and are fully able and competent to enter into the
terms, conditions, obligations, affirmations,
representations, and warranties set forth in this
Agreement, and to abide by and comply with this
Agreement.
b. Your User Content and Company's use thereof as
contemplated by this Agreement and the Service will
not infringe any rights of any third party, including
but not limited to any Intellectual Property Rights,
privacy rights and rights of publicity.
c. Company may exercise the rights to your User
Content granted under this Agreement without liability
for payment of any guild fees, residuals, payments,
fees, or royalties payable under any collective
bargaining agreement or otherwise.
10. Third-Party Websites, Advertisers or Services,
Beacons
Company may contain links to third-party websites,
advertisers, or services that are not owned or
controlled by Company. Company has no control over,
and assumes no responsibility for, the content,
privacy policies, or practices of any third party
websites or services. If you access a third party
website from Company, you do so at your own risk, and
you understand that this Agreement and Company’s
Privacy Policy do not apply to your use of such sites.
You expressly release Company from any and all
liability arising from your use of any third-party
website or services or third party owned content.
Additionally, your dealings with or participation in
promotions of advertisers found on Company, including
payment and delivery of goods, and any other terms
(such as warranties) are solely between you and such
advertisers. You agree that Company shall not be
responsible for any loss or damage of any sort
relating to your dealings with such advertisers.
We encourage you to be aware of when you leave the
Service, and to read the terms and conditions and
privacy policy of any third-party website or service
that you visit.
Additionally, we use third-party advertising companies
to serve advertisements when you visit our Site. The
third-party advertising technology that we use on this
Site uses information derived from your visits to this
site to target advertising within this Site. In
addition, our advertisers may use other third-party
advertising technology to target advertising on this
Site and other websites. In the course of
advertisements being served to you, a unique
third-party cookie or cookies may be placed your
browser. In addition, we use web beacons, provided by
third-party advertising companies, to help manage and
optimize our online advertising. Web beacons enable us
to recognize a browser’s cookie when a browser visits
this site, to learn which banner ads bring users to
our Web site and to deliver more relevant advertising.
You may “opt-out” of certain third party programs by
following the instructions located at http://www.doubleclick.com/privacy/index.aspx.
11. Indemnity
You agree to defend, indemnify and hold harmless
Company and its subsidiaries, agents, managers, and
other affiliated companies, and their employees,
contractors, agents, officers and directors, from and
against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising
from: (i) your use of and access to the Service,
including any data or work transmitted or received by
you; (ii) your violation of any term of this
Agreement, including without limitation, your breach
of any of the representations and warranties above;
(iii) your violation of any third-party right,
including without limitation any right of privacy,
publicity rights or Intellectual Property Rights; (iv)
your violation of any law, rule or regulation of the
United States or any other country; (v) any claim or
damages that arise as a result of any of your User
Content or any that are submitted via your account; or
(vi) any other party’s access and use of the Service
with your unique username, password or other
appropriate security code.
12. No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN
RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, COMPANY, ITS
SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT
THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE
SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE
WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
DOWNLOAD.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
COMPANY SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE,
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL COMPANY, ITS AFFILIATES, DIRECTORS,
EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF,
OR INABILITY TO USE, THIS SERVICE. UNDER NO
CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY
DAMAGE, LOSS OR INJURY RESULTING FROM HACKING,
TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE
SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED
THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
COMPANY ASSUMES NO 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 SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY
BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD
PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR
(VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL
COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR
LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES
OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO
COMPANY HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER
THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN
IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
The Service is controlled and operated from facilities
in the United States. Company makes no representations
that the Service is appropriate or available for use
in other locations. Those who access or use the
Service from other jurisdictions do so at their own
volition and are entirely responsible for compliance
with local law, including but not limited to export
and import regulations.
14. Assignment
This Agreement, and any rights and licenses granted
hereunder, may not be transferred or assigned by you,
but may be assigned by Company without restriction.
15. General
A. Governing Law. You agree that: (i) the Service
shall be deemed solely based in California; and (ii)
the Service shall be deemed a passive one that does
not give rise to personal jurisdiction over Company,
either specific or general, in jurisdictions other
than California. This Agreement shall be governed by
the internal substantive laws of the State of
California, without respect to its conflict of laws
principles. Any claim or dispute between you and
Company that arises in whole or in part from the
Service shall be decided exclusively by a court of
competent jurisdiction located in Los Angeles County,
California, unless submitted to arbitration as set
forth in the following paragraph.
B. Arbitration. For any claim (excluding claims for
injunctive or other equitable relief) under this
Agreement where the total amount of the award sought
is less than $10,000, the party requesting relief may
elect to resolve the dispute through binding
non-appearance-based arbitration. The party electing
such arbitration shall initiate the arbitration
through an established alternative dispute resolution
("ADR") provider mutually agreed upon by the parties.
The ADR provider and the parties must comply with the
following rules: a) the arbitration shall be conducted
by telephone, online and/or be solely based on written
submissions, as selected by the party initiating the
arbitration; b) the arbitration shall not involve any
personal appearance by the parties or witnesses unless
otherwise mutually agreed by the parties; and c) any
judgment on the award rendered by the arbitrator may
be entered in any court of competent jurisdiction.
C. Notification Procedures. Company may provide
notifications, whether such notifications are required
by law or are for marketing or other business related
purposes, to you via email notice, written or hard
copy notice, or through conspicuous posting of such
notice on our website, as determined by Company in our
sole discretion. Company reserves the right to
determine the form and means of providing
notifications to our Users, provided that you may opt
out of certain means of notification as described in
this Agreement.
D. Entire Agreement/Severability. This Agreement,
together with any other legal notices and agreements
published by Company via the Service, shall constitute
the entire agreement between you and Company
concerning the Service. If any provision of this
Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of
this Agreement, which shall remain in full force and
effect.
E. No Waiver. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such
term or any other term, and Company's failure to
assert any right or provision under this Agreement
shall not constitute a waiver of such right or
provision.
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