LoveCinema's Terms of Service
Effective September 15, 2008
Welcome to LoveCinema!
LoveCinema, Inc. ("LoveCinema," "we" or "us") provides an online community for movie fans where users can contribute content to celebrity profiles and movie pages as well as submit movie ratings, favorites, photos, videos, opinions, trivia questions, lists and more, and connect with friends and meet new people with similar taste (the "Services") through our application located at apps.facebook.com/LoveCinema <http://apps.facebook.com/LoveCinema> (the "Application"). Please read the following terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Application, including any content, information, products or Services therein. This is a legal agreement between you and LoveCinema and applies to you whether you are a registered user of the Application ("Member") or a non-registered user just browsing (collectively "LoveCinema Users").
YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, AND/OR BY USING THE APPLICATION SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR LOVECINEMA ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE, IN ADDITION TO THE FACEBOOK TERMS OF USE [link] AND THE LOVECINEMA PRIVACY POLICY [link]. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE APPLICATION OR SERVICES.
1. Modification of the Application or Terms of Service.
LoveCinema reserves the sole right at any time to modify, discontinue or terminate the Application and Services, or modify these Terms of Service without notice. All modified terms and conditions will be in effect after they are posted on the Application (unless applicable law requires a longer notice period). In the event of any material changes to these Terms of Service, we will notify you by email or by a notice on the LoveCinema home page. If any modified terms and conditions are not acceptable to you, your only option is to cease using the Application and Services, and if applicable, cancel your Account (defined below). By continuing to use or access the Application and Services after LoveCinema makes any such modification, you agree to be legally bound by the revised Terms of Service. You may not alter the terms and conditions of these Terms of Service without LoveCinema's express written consent.
2. Registration and Membership.
a. The Application is being presented for your personal, non-commercial use. LoveCinema grants you a limited, non-exclusive license to access the Application, and to utilize the Application for your personal, non-commercial use only. LoveCinema reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
b. To become a Member you must be at least 13 years old. Additionally, if you are under 18 years old, you must be currently enrolled in high school or in college to become a Member. In order to use or access some features of the Application and Services, and to submit User Generated Content (as defined below), you may be asked for further information and/or be required to become a Member and provide a LoveCinema account ("Account") for the LoveCinema social network, with a required username and password. This information may include your name, age, gender and email address. Your username and password will allow you to use certain secure areas of the Application only available to Members. We recommend that you read our Privacy Policy for information regarding our procedures and policies about the collection, use and disclosure of personal information that we receive from Members.
c. You are solely responsible for safekeeping and maintaining the security and confidentiality of your username, password and all associated Account information. Furthermore, you agree not to reveal or provide 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 furthermore agree to notify LoveCinema of any unlawful or unauthorized use of your Account or any other security breach within a (24) twenty-four hour period of such use becoming known to you. In the circumstance that your user name or password is lost or stolen, immediately notify LoveCinema so that a new user name or password can be provided to you.
d. If you choose to become a Member, you agree to provide true, accurate and complete registration information and agree to maintain current, updated and relevant personal information on your LoveCinema account. You will not use fake or false identities, set up an account on behalf of anyone other than yourself, use a name that you are not authorized to use or impersonate any other person.
e. If you become a Member and create a new Account, you consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and (b) electronic records of your registration and activities as a user. You agree that all agreements, notices, disclosures and other communications that LoveCinema provides to you electronically satisfy any legal requirement that such communications be in writing.
3. Content.
Certain types of content are made available through the Application. "LoveCinema Content" as defined and used in these Terms of Service means, collectively, the data, text, images, graphics, photos and video files made available through the Application, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the data, text, images, graphics, photos and other content and information which Members submit, upload and otherwise post to the Application, including without limitation in Member and user created profile pages. LOVECINEMA RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY LOVECINEMA CONTENT OR USER SUBMISSIONS FROM THE APPLICATION AT ANY TIME WITHOUT NOTICE.
LoveCinema makes no representations as to the accuracy of any LoveCinema Content, any User Submissions, or any other material found in or in the Application. Any action taken or not taken by you as the result of reviewing material in or on the Application is solely at your risk
4. Personal Requirements and Obligations in Using the Application and Services.
The Application and Services may be used and accessed solely for lawful and non-commercial purposes. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Application and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Application or Services:
a. Disable, hack, circumvent or otherwise interfere with security related features of the Application or features that prevent or restrict use or copying of any LoveCinema Content;
b. Upload, submit, post, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission or any third party); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
c. Use any metadata, meta tags or other hidden text utilizing a LoveCinema name, trademark, URL or product name;
d. Upload, submit, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
e. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Application or Services to send altered, deceptive or false source-identifying information;
f. Upload, submit, post, email, or otherwise transmit, via the Application or Services, any User Submissions that are unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the sole opinion of LoveCinema;
g. Upload, submit, post, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs intended to (i) destroy, interrupt or limit the functionality of any computer software; or (ii) destroy or interfere with the access of any LoveCinema User, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Application;
h. Upload, submit, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise secretly held within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
i. Destroy, interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Application, servers or networks connected to the Application or the technical delivery systems of LoveCinema's providers or break any requirements, procedures, policies or regulations of networks connected to the Application;
j. Attempt to scan, probe or test the vulnerability of any LoveCinema system or network or breach or impair or circumvent any security or authentication measures protecting and providing security for the Application or Services;
k. Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Application or Services;
l. Attempt to search, meta-search or access the Application with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by LoveCinema or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Application to determine how a web Application or web page ranks.
m. Collect or store personal data about other LoveCinema Users without their express and explicit permission;
n. Upload any personal information (such as address, phone number, email address, credit card number, social security number) of any other LoveCinema User or any other third party;
o. Misrepresent or impersonate your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
p. Use the Application or Services in any manner not permitted by this Agreement; or
q. Instruct or encourage any other individual to do any of the foregoing or to break and/or violate any term of these Terms of Service.
5. Termination; Cancellation.
a. We may immediately terminate and/or suspend your access to the Application and Services and remove any material (including User Submissions) from the Application or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Application, Services or your access to any of these 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. After termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. LoveCinema 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 APPLICATIONOR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, LoveCinema 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. By clicking "Cancel Account" on the "My Account" page you may terminate your Account at any time and for any reason. Upon any termination by a Member, the related Account will no longer be accessible.
c. Any termination, cancellation or suspension will not affect your obligations to LoveCinema under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their context are intended to survive such termination, cancellation or suspension.
6. 3rd Party Links.
The Application may provide links to third party websites or resources from the Application. You acknowledge and agree that LoveCinema is not responsible or liable for the availability or accuracy of, and LoveCinema does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Intellectual Property Rights and Ownership.
a. Content. You may access and use the Application, Services, LoveCinema Content and User Submissions for your own personal and non-commercial use. You will not remove, conceal or alter any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application, LoveCinema 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 Application, LoveCinema Content, or User Submissions (other than your User Submissions). Unless otherwise explicitly stated herein or on the Application, LoveCinema and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Application, LoveCinema Content, the trademarks, service marks and logos contained therein, and all other material contained therein or thereon, other than your User Submissions.
b. User Submissions.
(i) License Grant. LoveCinema does not claim ownership rights in your User Submissions. However, by uploading, submitting, posting, emailing or otherwise transmitting any User Submission to LoveCinema or on the Application, you hereby grant LoveCinema 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 Application 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 LoveCinema. LoveCinema will own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by LoveCinema, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by LoveCinema to give to LoveCinema the full benefit of the rights granted to LoveCinema by you.
(ii) Limitations. You acknowledge and agree that LoveCinema may, at its sole discretion, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Application, the maximum size of any files that may be stored on or uploaded to the Application, and the maximum disk space that will be provided to you for the storage of User Submissions on LoveCinema's servers. LoveCinema will have no responsibility or liability for and you are solely responsible for creating back-ups of your User Submissions. LoveCinema reserves the right to delete any User Submissions at any time, for any reason.
(iii) Disclaimer. LoveCinema has no ability to control the User Submissions that are uploaded, submitted, posted, emailed or otherwise transmitted using the Application or Services. LoveCinema has the right, but not the obligation, to monitor such User Submissions for any purpose, and 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 Application. LoveCinema 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 LoveCinema with respect thereto. You are solely responsible for your interactions with other LoveCinema Users. LoveCinema reserves the right, but has no obligation, to monitor disputes between you and other Users.
8. Copyrighted Materials: No Unauthorized Use.
YOU WILL NOT USE THE APPLICATION 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. LoveCinema 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 LoveCinema Copyright Policy for further information.
9. Disclaimer of Warranties.
YOUR USE OF THE APPLICATION, SERVICES, LOVECINEMA CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND OWN RISK. THE APPLICATION, SERVICES, LOVECINEMA CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. LOVECINEMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APPLICATION, SERVICES, LOVECINEMA CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. LOVECINEMA DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APPLICATION; OR (II) THAT THE APPLICATION, SERVICES, LOVECINEMA CONTENT AND USER SUBMISSIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOVECINEMA, 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 WILL LOVECINEMA, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION, SERVICES, LOVECINEMA CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT LOVECINEMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL LOVECINEMA'S CUMULATIVE LIABILITY TO YOU EXCEED $100.
11. Indemnification.
You agree to defend, indemnify, and hold LoveCinema, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Application, Services, LoveCinema Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing.
12. General.
This Terms of Service shall be governed by and interpreted in accordance with the laws of the State of New York excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Terms of Service will be brought exclusively in courts located in the State of New York, County of New York, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of LoveCinema and any prohibited assignment will be null and void. LoveCinema may assign these Terms of Service or any rights hereunder without your consent. The relationship of the parties under this Terms of Service is that of independent contractors, and this Terms of Service will not be construed to imply that either party is the agent, employee, or joint venturer of the other. You agree that this Terms of Service and the rules, restrictions and policies contained herein, and LoveCinema's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and LoveCinema. This Terms of Service together with the rules and policies of LoveCinema constitutes the entire agreement between LoveCinema and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by LoveCinema via email (in each case to the address that you provide), (b) a posting on the Application, or (c) by you via email to contact [at] LoveCinema.com or to such other addresses as LoveCinema may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.