Terms of Service
Date of Last Revision: July 24, 2013
Hey! You are now reading our Terms of Service. If you are wondering what that means, it is the contract between you and Moviepilot for your use of moviepilot.com and the related services available through our site.
–We want you to view, use and comment on the content available through our site, as well as create your own content on the site.
–These Terms of Service set forth the rules and restrictions you have to comply with in order to use the site (things like don’t threaten and harass others or steal Moviepilot’s or other’s content).
–For the content you create on our site, you retain ownership of your content, but you provide a license to Moviepilot. A license means we can make use of the content you submit on the site. The terms and scope of the license are set forth below.
–We welcome and encourage any questions, comments or other feedback regarding the Services or these Terms of Service. Please feel free to email us at firstname.lastname@example.org.
The Terms of Service below contain important and more detailed information regarding your and Moviepilot’s legal rights. You should read this carefully before you use our site.
The website located at moviepilot.com (the “Site”) is owned and operated by Moviepilot, Inc. (“Moviepilot”). These terms of service (“Terms of Service”) are a contract between you and Moviepilot for use of the Site and the related services and functionality offered by Moviepilot through the Site (the Site and all such related services and functionality are collectively referred to as the “Services”). By using the Site, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you may not use the Services.
You should review these Terms of Service regularly as they may change. Your continued use of the Services following the posting of changes to the Terms of Service constitutes acceptance of those changes. Modifications will be posted on the Site and the “date of last revision” at the top of this page will be revised. In addition, for material changes to these Terms of Service, as determined in our sole discretion, we will include a notice on the Site that directs users to a copy of the latest Terms of Service for review and/or send a communication to users notifying them of changes. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services.
Registration and Account Security
In order to access the Services, you must login with your email address and Facebook password through Login with Facebook or similar tools we may offer such as Sign in with Twitter, Google+ Sign-In, and other social media service log-ins. It is a violation of these Terms of Service for you to: (a) create more than one personal profile, (b) create another account without our permission if we disable your account; (c) share your login credentials, (d) let anyone else access your account, or (e) do anything else that might jeopardize the security of your account. You are solely responsible for any unauthorized use of your login credentials. You may register one unique user name on the Site. The use of an offensive user name is not allowed. You may not impersonate others in a misleading or confusing way. We reserve the right to reclaim user names, especially on behalf of individuals, institutions and products from the entertainment market. We reserve the right at all times to reclaim user names without liability to you.
Scope of Use
The Services provide users with access to certain content and services we make available, including news, information and recommendations about movies, television programs and other related topics that are customized based on the user’s expressed or expected interests, likes and dislikes. This news and information is provided for the user’s entertainment purposes only. You acknowledge that much of the content available through the Services (including text, photos and movie clips) is obtained from third party sources and Moviepilot is not responsible for the accuracy or completeness of such information.
Subject to these Terms of Service, Moviepilot invites you to view, use and comment on the content available through the Services and where permitted on the Site, share the content on your social media account, but in each case solely for your personal, informational, and non-commercial purposes. Except as expressly provided in these Terms of Service, you may not reproduce, modify, display or distribute any text, graphics, images, videos or other content available through the Services, or the design and layout of the Site (including its “look and feel”), without Moviepilot’s prior written consent.
By accessing the Site, you agree to abide by all security and safety measures established by Moviepilot or its partners or service providers. Moviepilot reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Services at any time. Moviepilot may also impose limits on certain features of the Services or restrict access to any part or all of the Services without notice or penalty.
Rules of Conduct
It is a violation of these Terms of Service for you to:
(a) transmit or distribute any User Content that is unlawful, deceptive, false, stolen, threatening, abusive, harassing, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another;
(b) post content or take any action using the Services that infringes or violates someone else's rights (whether protected by copyright, trademark, trade secret, right of publicity, or other proprietary right) or otherwise violates the law;
(c) post or transmit any advertising or promotional materials or solicit users to use particular goods or services, except as otherwise expressly permitted by Moviepilot;
(d) use the Services for illegal purposes, in violation of any applicable laws or regulations; copy, sell, resell, or exploit for commercial purposes any portion of the Services;
(f) use any robot, spider, scraper or other automatic or manual process to monitor, data mine, or copy any Site pages, content, or user information, except as expressly permitted by Moviepilot;
(g) use another’s id or password without authorization, or otherwise engage in any activities intended to impersonate or hide a user’s identity or contact information;
(h) transmit or distribute viruses or other malicious code;
(i) collect user names and contact information and/or send unsolicited commercial communications (spam);
(j) take any action that imposes an unreasonable or disproportionally large load on the Site’s infrastructure or interferes with the proper working of the Services;
(k) attempt to decompile, decipher or reverse engineer any of the software used by Moviepilot as part of the Services; or
(l) assist or permit any persons in engaging in any of the activities described above.
Each user of this website, including you, is responsible for the User Content that the user transmits to the Services, and the consequences of its use or submission.
You acknowledge that Moviepilot does not necessarily pre-screen User Content and shall not be responsible for policing, monitoring, or editing such User Content. Moviepilot shall have the right, but not the obligation, to monitor User Content and use of the Services to improve performance, for legal and regulatory requirements, and to determine compliance with these Terms of Service and other applicable policies. Moviepilot shall have the right, in its sole discretion, to refuse to post or to remove any User Content that it believes to be in violation of these Terms of Service or which it finds otherwise objectionable for any reason, without any advance notice or liability to you or any third party.
Moviepilot respects the intellectual property rights of others. If you believe that any User Content or other content available through the Services infringes your copyright, please provide us with the following information: (1) a physical or electronic signature of the owner or the person authorized to act on behalf of the owner of the intellectual property right; (2) an identification of the intellectual property claimed to have been infringed; (3) a detailed description of the material that you claim is infringing so that we may locate it; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the owner or are authorized to act on behalf of the owner of the intellectual property rights involved.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Ben Kubota, c/o Moviepilot GmbH, Mehringdamm 33, 10961 Berlin, Germany
Telephone: +49 30 616 5120
Fax: +49 30 616 512 133
Ownership and License of User Content
You retain ownership of the intellectual property rights in your User Content, subject to the license you grant Moviepilot below.
By transmitting User Content on or through the Service, you grant Moviepilot a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, assignable, sublicensable license to use, reproduce, store, modify (e.g., fixing typos, making editorial changes), display, distribute, prepare derivative works based on, and transmit such User Content, in any medium that now exists or may arise in the future, and otherwise exploit your User Content (including, but not limited to, use of your name in association with your User Content to identify you as the contributor) in connection with the Services and Moviepilot’s business, and you waive any and all moral rights and publicity rights in such User Content. You represent that you have all of the necessary rights to grant this license to Moviepilot for all of your User Content. You agree that this license includes the right for other users of the Services to access and use your User Content, subject to our terms and conditions regarding such use and the right for Moviepilot to allow its third party business partners (including social media services) to use your User Content and that this license has no restriction as to the medium, dissemination method, type of Service Moviepilot or its business partners may offer, or the type of systems or products that may be used in conjunction with your User Content.
Moviepilot’s Proprietary Rights
All trademarks, service marks and logos on the Site are the property of their respective owners. Unauthorized use of any Moviepilot (or of any third-party) trademark, service mark, or logo may violate Moviepilot’s or a third party’s legal rights. You must obtain Moviepilot’s written permission prior to using any trademark or service mark of Moviepilot.
Moviepilot and its licensors own all intellectual property rights in the Site and the Services, except for certain third party content on the Site, your User Content and as otherwise expressly indicated. The Services and all content therein are protected by United States and international copyright laws. Any unauthorized use of the Materials (defined below) may violate copyright laws, laws of privacy and publicity, and other laws and regulations. In exercising any permitted use of the Materials, you agree to leave all copyright, trademark and other proprietary notices intact.
We welcome and encourage any suggestions, ideas, comments or other feedback you provide Moviepilot regarding the Services (“Feedback”). You acknowledge that any Feedback shall become Moviepilot’s sole and exclusive property without any compensation to you. Moviepilot, may, in its sole discretion, decide whether to use the Feedback in any of its products and services. You hereby assign to Moviepilot all of your right, title and interest in the Feedback, including but not limited to all copyrights, patent rights, trade secrets and trademarks.
Products & Services
Information that Moviepilot publishes through the Services may contain references or cross-references to products, programs, movies, television programs or services that are not available in your location. Any opinions, advice, statements, comments, services, offers or other information expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of Moviepilot. Any description or reference to non-Moviepilot products, services or programs is for informational purposes only and shall not constitute an endorsement or a recommendation of such products, services or programs by Moviepilot.
THE SITE, THE SERVICES AND ALL INFORMATION, CONTENT (INCLUDING USER CONTENT), PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. MOVIEPILOT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THE SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOVIEPILOT SHALL CREATE A WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. MOVIEPILOT MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES.
You agree to indemnify and hold Moviepilot and its affiliates, officers, agents, partners, members and employees harmless from any claim, action, demand, loss, or damages (including reasonable attorneys' fees) arising out of or related to your use of the Services, your User Content, your violation of the Terms of Service, or your violation of any law or rights of a third party. Moviepilot reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with Moviepilot in asserting any available defenses.
Violations; Termination of Usage
Moviepilot may terminate or suspend your access to all or part of the Services immediately and without notice for any conduct that Moviepilot, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of Moviepilot or any third party. Upon termination, you must cease use of the Services and all related content. Moviepilot reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including the right to block access to the Site from a particular Internet address.
Limitation of Liability
YOUR USE OF THE SERVICES AND THE MATERIALS IS AT YOUR SOLE RISK. MOVIEPILOT SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES AND THE MATERIALS, EVEN IF MOVIEPILOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MOVIEPILOT’S AGGREGATE LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, Moviepilot’s liability will be limited to the fullest extent permitted by applicable law.
Third-Party Sites and Linking
Unless otherwise set forth in a written agreement between you and Moviepilot, you must adhere to Moviepilot’s linking policy as follows: (a) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with Moviepilot’s name or any Moviepilot trademark or service mark; (b) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Moviepilot, and (c) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking site.
Moviepilot may preserve and disclose User Content as set forth herein. In addition, Moviepilot may preserve and disclose User Content if expressly authorized by you or if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Moviepilot, website users, or the public.
The laws of the State of California, USA shall govern these Terms of Service, without reference to its choice of law rules. If there is any dispute about or involving the Services, you agree that the dispute will be resolved in a court located in the State of California, USA. You agree to submit to the personal jurisdiction of the courts located in the State of California, USA for the purpose of litigating all such claims.
Compliance with Laws
Although accessible by others, the Services are intended primarily for access and use by U.S. residents. The information available through the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Moviepilot makes no representation that the information available through the Services is appropriate or available for use in other locations, and access to the Site from territories where the content of the Services offered herein may be illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and risk and are responsible for compliance with applicable local laws.
These Terms of Service, as modified from time to time by Moviepilot in writing and including any policies that are incorporated by reference, set forth the entire understanding and agreement between you and Moviepilot with respect to the subject matter hereof. Moviepilot may assign these Terms of Service or Moviepilot’s rights under these Terms of Service in whole or in part at any time without your consent. Moviepilot’s failure to exercise any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these Terms of Service will remain in full force and effect. These Terms of Service are provided in the English language and all communications and notices to be made or given pursuant to these Terms of Service will be in the English language.