PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, OR BY USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.
("Moviedost," "we" or "us") provides an online community for movie fans where users can setup a profile with all of their movie ratings, favorites, lists and more, connect their profile with friends and meet new people with similar taste (the "Uses") through our website located at www.moviedost.com (the "Site"). Please read the following terms and conditions ("Terms of Use") carefully. These Terms of Use govern your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between you and Moviedost and applies to you whether you are a registered user of the Site ("Member") or a non-registered user just browsing (collectively "Moviedost Users").
1. MODIFICATIONS OF TERMS OF USE
Moviedost reserves the right, in its sole discretion, at any time to modify or replace, discontinue or terminate the Site and Services, or modify these Terms of Use without notice. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your Account (defined below). By continuing to access or use the Site and Services after Moviedost makes any such modification, you agree to be bound by the revised Terms of Use.
2. REGISTRATION AND ELIGIBILITY
In order to access certain features of the Site and Services, and to post User Submissions (defined below), you will have to become a Member and set up a Moviedost account ("Account"), with a corresponding username and password. Your username and password will permit you to access certain secure areas of the Site only available to Members. We encourage you to checkout our Privacy Policy for information about our policies and procedures regarding the collection, use and disclosure of personal information we receive from Members.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify Moviedost of any unauthorized use of your Account or any other breach of security within (24) twenty-four hours of such use being known to you. In the event that your user name or password is lost or stolen, please notify Moviedost immediately so that a new user name or password can be created.
If you become a Member, you will provide true, accurate and complete registration information and will maintain as current and promptly update relevant personal information provided to Moviedost. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
If you become a Member and create an Account, you consent to the use of: (a) electronic means to complete these Terms of Use and to provide you with any notices given pursuant to these Terms of Use; and (b) electronic records
3. CONTENT
Certain types of content are made available through the Site. "Moviedost Content" as used in these Terms of Use means, collectively, the text, data, graphics, images, photos and video files made available through the Site, excluding User Submissions. . "User Submissions" as used in these Terms of Use means, collectively, the text, data, graphics, images, photos and other content and information which Members post, upload and otherwise submit to the Site, including without limitation in Member created profile pages. MOVIEDOST RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY MOVIEDOST CONTENT OR USER SUBMISSIONS FROM THE SITE WITHOUT NOTICE.
4. YOUR OBLIGATIONS IN USING THE SITE AND SERVICES
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Moviedost.
By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other Moviedost users;
- to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Moviedost user;
- to create or submit unwanted email ("Spam") to any other Moviedost users or any URL;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- with the intention of artificially inflating or altering the 'Moviedost count', blog count, comments, or any other Moviedost service, including by way of creating separate user accounts for the purpose of artificially altering Moviedost’s services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of Moviedost’s services.
- KINDLY NOTE THAT MOVIEDOST PROHIBITS PORNOGRAPHY ON ITS SITE. Please choose carefully the information you post on the Moviedost Website and that you provide to other Users. Your Moviedost profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision 67 of the Information Technology Act 2000 http://www.naavi.org/importantlaws/itbill2000/ch11.html and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Moviedost assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by Moviedost by any person, please contact us at abuse@moviedost.com
Moviedost may remove any Content and Moviedost accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse@Moviedost.com
5. TERMINATION
a. We may terminate or suspend your access to the Site and Services and remove any material (including User Submissions) from the Site or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. Moviedost is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Moviedost will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
b. You may terminate your Account at any time and for any reason by clicking "Cancel Account" on the "My Account" page. Upon any termination by a Member, the related Account will no longer be accessible.
c. Any suspension, termination or cancellation will not affect your obligations to Moviedost under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
6. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Moviedost has no control over such sites and resources, you acknowledge and agree that Moviedost is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Moviedost shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
7. INDEMNITY
You will indemnify and hold harmless Moviedost, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Moviedost User ID, of any intellectual property or other right of any person or entity.
8. INTELLECTUAL PROPERTY RIGHTS
a. Moviedost Content:
You may access and use the Site, Services, Moviedost Content and User Submissions for your own personal non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Moviedost Content, User Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Moviedost Content, User Submissions (other than your User Submissions). Moviedost and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Moviedost Content and the trademarks, service marks and logos contained therein other than your User Submissions.
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/.
b.UserSubmissions:
(i) License Grant. Moviedost does not claim ownership rights in your User Submissions. However, by uploading, posting, emailing or otherwise transmitting any User Submission to Moviedost or on the Site, you hereby grant Moviedost a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to Moviedost. Moviedost will own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by Moviedost, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Moviedost to give to Moviedost the full benefit of the rights granted to Moviedost by you.
(ii) Limitations. You acknowledge and agree that Moviedost may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Submissions on Moviedost’s servers. Moviedost will have no responsibility or liability for and you are solely responsible for creating back-ups of your User Submissions.
(iii) Disclaimer. Moviedost has no ability to control the User Submissions that are uploaded, posted, emailed or otherwise transmitted using the Site or Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by Members, including without limitation any information obtained by using the Site. Moviedost does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Moviedost with respect thereto.
9. WARRANTY DISCLAIMERS
You acknowledge that Moviedost has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Moviedost from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Moviedost makes no representations concerning any content contained in or accessed through the Site, and Moviedost will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. MOVIEDOST DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; OR (II) THAT THE SITE, SERVICES, MOVIEDOST CONTENT AND USER SUBMISSIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOVIEDOST, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL MOVIEDOST OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The Website is controlled and offered by Moviedost from its facilities in India. Moviedost makes no representations that the Moviedost Website is appropriate or available for use in other locations. Those who access or use the Moviedost Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws
11.COPYRIGHTED MATERIAL: NO UNAUTHORISED USE
YOU WILL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. Moviedost has adopted and implemented a policy that provides for the termination in appropriate circumstances of the Accounts of Members who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the Moviedost Copyright Policy for further information.
12. MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Moviedost in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Moviedost shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Moviedost's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Moviedost's prior written consent. Moviesdost may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. Any claim or dispute between you and Moviedost that arises in whole or in part from the Moviedost Website shall be decided exclusively by a court of competent jurisdiction located in Hyderabad, India. You and Moviedost shall be bound to submit all disputes howsoever arising out of or in connection with the use of the Moviedost Website to arbitration to one (1) arbitrator nominated and appointed by Moviedost. The arbitration shall in all matters be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Hyderabad, India. The language to be used in the arbitration proceedings shall be English. The award of the arbitration proceedings will be final and binding on both you and moviedost to the extent permissible in law. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. |
