FILMBUFF - Website Terms of Use

This website and/or its mobile applications (the “Site”) is owned and operated by Cinetic Rights Management LLC and/or its subsidiaries or affiliates (“FilmBuff,” “we,” “us,” or “our”). The Site may offer a collection of written and audiovisual content (e.g., text, images, stills, clips, trailers, commentary, reviews, graphics, layout, interface, logos, photographs, audio and video materials) collectively referred to herein as “Content,” and other features, tools, applications, materials, or other services offered from time to time by FilmBuff. The Site, Content and other such features and services are referred to collectively as the "Services."

Please take a moment to carefully read through these Terms of Use. FilmBuff offers this Site and the Services to you, the user, conditioned upon your acceptance of these Terms of Use. To access and enjoy the Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use. By visiting the Site or using any of the Services (including viewing or accessing any Content) you are agreeing to these Terms. Your continued use of this Site and/or the Services constitutes your agreement to these Terms of Use.

1. Changes to These Terms of Use

You acknowledge and agree that FilmBuff may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, by posting revised Terms of Use on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Use is available at www.filmbuff.com/ It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of this Site after any changes to the Terms of Use means you accept the changes.

2. Content; Site Access, Use and License

All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned or controlled by FilmBuff and its licensors or its content providers, and is protected by copyright, trademark and other applicable intellectual property laws. FilmBuff or its licensors or content providers retain full and complete title to the Content, including all associated intellectual property rights, and grant you a limited, non-exclusive license to access the Services, for personal, non-commercial use in accordance with these Terms of Use.

You may not either directly or through the use of any device, software, Internet site, web-based service, or other means

(i) remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms;

(ii) copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content (except as expressly permitted by these Terms of Use);

(iii) incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links; create, recreate, distribute or advertise an index of any significant portion of the Content.

You may not build a business utilizing Content, whether or not for profit. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including without limitation montages, mash-ups and similar videos, and merchandise, unless it is expressly permitted by FilmBuff in writing. This prohibition applies even if you intend to give away the derivative materials free of charge. Further, FilmBuff strictly prohibits any other use of the Site or Services, including but not limited to any use that:

(i) violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;

(ii) uses technology or other means to access, index, frame or link to the Services (including the Content), including without limitation by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services;

(iii) involves accessing the Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);

(iv) introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(v) damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including FilmBuff’s servers, computer network, or user accounts;

(vi) removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);

(vii) uses the Services to advertise or promote services that are not expressly approved in advance in writing by FilmBuff;

(viii) collects personally identifiable information in violation of the Privacy Policy;

(ix) encourages conduct that would constitute a criminal offense or give rise to civil liability;

(x) violates these Terms of Use or any guidelines or policies posted by FilmBuff;

(xi) interferes with any other party's use and enjoyment of the Services; or

(xii) attempts to do any of the foregoing.

You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Services. You may not bypass any measures that have been implemented to prevent or restrict access to this Services. Any unauthorized access to the Services by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Services) shall terminate the permission or license granted to you by FilmBuff.

FilmBuff reserves the right to limit or terminate your access to or use of the Services at any time without notice for any reason whatsoever. FilmBuff neither warrants nor represents that your use of Content will not infringe rights of third parties not affiliated with FilmBuff. Termination of your access or use will not waive or affect any other right or relief to which FilmBuff may be entitled, at law or in equity.

3. Data Integrity

You represent that any information, data and other materials you provide on or through the Services or to FilmBuff through any other means is true, accurate, current and complete. You are responsible for updating and correcting the information you have provided. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.

4. Privacy

For information about FilmBuff’s policies and practices regarding the collection, use, disclosure and other processing of personal information on this Site, please read the Privacy Policy located at http://www.filmbuff.com/ The Privacy Policy is incorporated by reference and made part of these Terms of Use. By agreeing to these Terms of Use, you agree that your presence on the Site and use of the Services are governed by the Privacy Policy in effect at the time of your use. We may update the Privacy Policy from time to time in our sole discretion, and post an updated version of the notice at the website address provided above.

5. User Submissions

You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through the Services any content that:

(i) is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws;

(ii) may contain software viruses or malware;

(iii) contains advertisements or solicitations of any kind, or other commercial content;

(iv) is designed to impersonate others;

(v) contains personal information, except where we expressly ask you to provide such information;

(vi) contains messages purporting to speak on behalf of FilmBuff or containing confidential information or expressing opinions concerning FilmBuff;

(vii) contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;

(viii) contains multiple messages placed within individual folders by the same user restating the same point;

(ix) contains chain letters of any kind; or

(x) contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.

With respect to any content you submit or make available through on or through the Services (other than personal information, which is handled in accordance with the Privacy Policy), you grant FilmBuff a non-exclusive, perpetual, irrevocable, non-terminable, worldwide, royalty-free license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to FilmBuff.

6. Links

This Site may contain links to other websites or resources that are operated by third parties not affiliated with FilmBuff. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. FilmBuff is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.

7. DISCLAIMERS

YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE, THE SERVICES, THE CONTENT, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FILMBUFF DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL FILMBUFF OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROVIDERS) (COLLECTIVELY, THE “FILMBUFF PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE SERVICES (INCLUDING ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE FILMBUFF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $50.

9. Indemnities

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE FILMBUFF PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SITE OR SERVICES (INCLUDING WITHOUT LIMITATION YOUR USE OF THE CONTENT). FILMBUFF RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

10. Trademarks and Copyrights

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of FilmBuff or its licensors or content providers, or other parties. None of the Marks may be copied, downloaded, or otherwise exploited. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without FilmBuff’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without FilmBuff’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.

11. Claims of Intellectual Property Infringement

FilmBuff reserves the right to terminate Site users who are repeat copyright infringers. FilmBuff may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party.

If you believe that Content or other material provided through the Site infringes your copyright, or your intellectual property rights have been otherwise violated, please notify FilmBuff in accordance with the procedure set forth below. We will process each notice of alleged infringement and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to FilmBuff's copyright agent at dmca@filmbuff.com (subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:

ATTN: COPYRIGHT AGENT
FilmBuff
25 West 31st Street
3rd Floor
New York, NY 10001
Fax: (212) 204-7980

To be effective, the notification must be in writing and contain the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Site that is reasonably sufficient to enable FilmBuff to identify and locate the material;

(iv) your address, telephone number, and, if available, email address;

(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

FilmBuff may update this contact information from time to time without notice to you. We will post the current contact information on this Site.

12. Survival of Terms After Agreement Ends

Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

13. Force Majeure

FilmBuff shall be excused from performance under these Terms of Use or the Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of FilmBuff. In the event that FilmBuff is temporarily unable to ship to you a purchased item because of such an event, FilmBuff will give you the option of deferring shipment or receiving a refund of your charges.

14. General

If any of the provisions set forth in these Terms of Use are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use or the Terms of Service. Section headings are for reference purposes only and do not limit the scope or extent of such section. These Terms of Use or the Terms of Service and the relationship between you and FilmBuff will be governed by the laws of the State of New York without regard to its conflict of law provisions.

If a dispute arises under these Terms of Use between you and FilmBuff, such dispute shall be resolved, at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the American Arbitration Association, under their rules for consumer arbitrations. The venue for all disputes arising under these Terms of Use shall be New York, the State of New York. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Notwithstanding any other provision of these Terms of Use, FilmBuff may resort to court action for injunctive relief at any time.

The failure of FilmBuff to act with respect to a breach of these Terms of Use by you or others does not waive FilmBuff’s right to act with respect to subsequent or similar breaches. If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

FilmBuff does not guarantee it will take action against all breaches of these Terms of Use.

15. Assignment

You may not assign these Terms of Use (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of FilmBuff, which may be withheld at FilmBuff’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. FilmBuff may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.

16. Entire Agreement and Admissibility

These Terms of Use constitute the entire agreement and understanding between you and FilmBuff with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. Notwithstanding anything to the contrary herein, if you used the Site or Services prior to the date you accepted these Terms, you hereby acknowledge and agree that these Terms of Use commenced on the date you first used the Site or Services (whichever is earlier) and will remain in full force and effect while you use the Site or Services.

17. Electronic Communications

When you use the Services, or send emails to FilmBuff, you are communicating with FilmBuff electronically. You consent to receive electronically any communications related to your use of the Services. FilmBuff will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from FilmBuff intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on the Services.

Effective Date: May 1, 2013