Terms of Service
Date of Last Revision: October 24, 2011
The website located at moviepilot.com (the “Site”) is owned and operated by Moviepilot GmbH (“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.
Modifications
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 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.
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
Certain portions of the Services permit you to upload, post, email, or otherwise transmit content (collectively, “User Content”), including for example, posting comments about a movie or providing feedback regarding the Services. Some users may submit content that contains personally identifiable information. Please review our Privacy Policy at http://moviepilot.com/termsofservice#privacypolicy before providing any personally identifiable information.
It is a violation of these Terms of Service for you to:
- 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;
- 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;
- intentionally manipulate identifiers, 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;
- transmit or distribute viruses or other malicious code;
- collect user names and contact information and/or send unsolicited commercial communications (spam);
- 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;
- 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;
- attempt to decompile, decipher or reverse engineer any of the software used by Moviepilot as part of the Services;
- post or transmit any advertising or promotional materials or solicit users to use particular goods or services, except as otherwise expressly permitted by Moviepilot;
- 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; or
- 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.
Copyright Policy
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:
Malte Cherdron
c/o Moviepilot GmbH
Mehringdamm 33
10961 Berlin
Germany
Telephone: +49 30 616 5120
Fax: +49 30 616 512 133
Email: dmca@moviepilot.com
License
By transmitting User Content on or through the Service, you grant Moviepilot a perpetual, irrevocable, worldwide, royalty-free, assignable, sublicensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and transmit such User Content 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 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 to use your User Content.
Feedback
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.