Terms and Conditions of Use
Effective Date: September 12, 2013
THESE TERMS AND CONDITIONS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME AS PROVIDED HEREIN (the “Terms”) ARE A BINDING CONTRACT (the “Agreement”) BETWEEN BETTERFLICKS.COM AND ITS OWNER AND YOU (“you”).
2. DESCRIPTION OF SITE; MINIMUM AGE REQUIREMENT
The Website is to be used for general research, informational, and entertainment purposes only. The information on the Website represents the opinions and perspectives of a variety of contributors and users (“Users”) of the Website, and you should assume that we have not independently verified the accuracy, thoroughness, or relevance of the content available on the Website. All of the content and information appearing on the Website is subject to the disclaimers set forth below.
3. MODIFICATIONS TO TERMS
We may make changes to the Terms from time to time in our sole discretion, by updating this posting on the Website, and specifying the effective date of the new version of the revised Terms. Your continued use of the Website following the posting of a new version of the Terms constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website you should check to see if a new version of the Terms have been posted.
4. MODIFICATIONS TO SITE
We may from time to time modify or discontinue, and restrict or block access to, the Website (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of any content from the Website at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us will not affect our license to your content as stated herein.
5. CONTACT INFORMATION
If you have any questions or concerns with respect to this Agreement or the Website you may contact a representative of Owner by email or mail at Customer Service, BetterFlicks.com, 2358 Tiemann Avenue, Bronx, NY 10469.
6. DISCLAIMER OF WARRANTIES
The operation of the Website depend on factors such as the type of hardware, software, or network you are using, and the Website may not work on your computer, may be interrupted, may have errors in its operation, or may interfere or even harm the operation of your computer. We do not warrant the successful operation of the Website on your computer, and we are not liable for any such problems that result from your use of the Website.
BetterFlicks.com and the blogs, forums, videos, articles, comments and other features therein (together, “Content”) are for informational purposes only and provided “as is” without warranties, representations, or guarantees of any kind. BetterFlicks.com and its sponsors shall not be liable for the accuracy, usefulness or availability of any Content, and you agree to hold Owner any of its managers, employees, contractors, agents, representatives and sponsors harmless from any loss, harm, injury or damage resulting from or arising out of your use of or reliance on any Content, wherever it may appear. The views and opinions expressed by third parties on the Website are the author’s own and not necessarily those of Owner its sponsors. The Content may appear on the Website as well as on third party websites or in other media and via various electronic devices, and the disclaimers and other provisions regarding the Content contained in the Terms apply to the Content wherever and however it may appear.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT INCLUDED ON THE WEBSITE OR WHEREVER ELSE IT MAY APPEAR. OWNER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. OWNER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE WEBSITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, OR ANY OTHER DAMAGES, WE ARE NOT RESPONSIBLE FOR THE SAME.
7. USER GENERATED CONTENT; REPRESENTATIONS AND WARRANTIES
You may be able to interact with the Website and other Users by responding to surveys, posting comments, engaging in discussions and uploading content (“User Generated Content”). By submitting or posting any User Generated Content you represent and warrant to and agree with Owner that (i) such User Generated Content does not contain any confidential or proprietary information, you have all necessary rights to submit the User Generated Content, and the posting and use thereof by Owner as permitted herein does not and will not infringe or violate any third party rights of any kind and will not subject Owner to any suits, actions, investigations, claims or proceedings; (ii) if we so choose, we may use, revise and disclose your User Generated Content in any way; and (iii) we have no obligation to pay or reimburse you for the User Generated Content or any use of the same permitted herein.
In addition to the foregoing, by using the Website you agree that you will not post, submit or distribute any User Generated Content or other content that:
a. is defamatory, abusive, threatening or disruptive, or could be deemed an invasion of a right of privacy of another person;
b. is bigoted, hateful or otherwise offensive;
c. is violent, vulgar, obscene, pornographic or otherwise sexually explicit;
d. can reasonably be expected to harm any person or entity;
e. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or
f. interferes with any person or entity’s use or enjoyment of the Website.
Owner cannot and does not assure that other Users will comply with the Terms, and, as between you and Owner by using the Website you assume all risk of harm or injury resulting from any such lack of compliance.
8. OWNERSHIP OF RIGHTS FOR USER GENERATED CONTENT; LICENSE RIGHTS
You hereby grant Owner a worldwide, royalty-free, perpetual, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the User Generated Content, in any form, media, or technology now known or later developed (and Owner may license others to do the same). You also hereby waive any moral rights you may have in such User Generated Content under the laws of any jurisdiction. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms. You agree that we may (but are not obligated to) display your User Generated Content, and your user name or your actual name (according to the preferences you select) along with your User Generated Content.
You acknowledge that the posting of your User Generated Content for any period of time is sufficient consideration for the license granted herein to Owner.
9. PROHIBITED CONDUCT
You agree not to do, or attempt to do, any of the following, subject to applicable law:
a. access or use the Website in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), or for any purpose that is harmful or intended to or which does cause damages;
b. access, tamper with, or use services or areas of the Website that you are not authorized to access;
c. alter information on or obtained from the Website;
d. use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses, available from the Website or to transmit any unsolicited advertising;
e. frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your User Generated Content for any purpose except as expressly permitted in writing by Owner;
f. reverse engineer any aspect of the Website or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website; or
g. send to or otherwise impact us or the Website with harmful, illegal, deceptive or disruptive code such as a virus, “spyware” or other code that could adversely impact the Website; or
h. take any action which might negatively impact the Website or its infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Website.
10. MONITORING OF USER GENERATED CONTENT
We are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Website. However we reserve the right to modify or remove any User Generated Content at any time. Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by third parties, including other Users, are those of the respective author(s) or distributor(s) and not of Owner, and Owner neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Website by anyone other than authorized Owner employees acting on behalf of Owner.
11. PROTECTION OF SITE CONTENT
The Website is owned by Owner, and all right, title and interest in the Content available via the Website or otherwise, the Website’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Website, and the Website URLs, are the property of Owner or Owner’s licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws. Owner grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Owner has in the Content, to privately display the Website on your computer for your own personal, noncommercial purposes. Owner reserves all other rights in the Content, on Owner’s own behalf and the behalf of its licensors (including contributors), and Owner does not, directly or by implication, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any content on the Website without prior written consent from Owner.
13. DEALINGS WITH MERCHANTS; LINKS
You agree to promptly indemnify and hold harmless Owner and any of its members, managers, officers, employees, contractors, agents, and affiliates from and against any and all liability, damages, losses, claims and expenses of any kind (including, without limitation, reasonable attorneys’ fees) which any of them may incur which are directly or indirectly related to (1) your breach of the Terms, (2) your use of the Website, or (3) the User Generated Content you submit, post, or transmit through the Website.
15. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
IN NO EVENT WILL OWNER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE (INCLUDING THE CONTENT). THESE LIMITATIONS WILL APPLY WHETHER OR NOT OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
16. COPYRIGHT INFRINGEMENT AND COUNTER-NOTICE
Owner respects the intellectual property rights of others and requests that the people who use the Website do the same. If you believe that your work has been reproduced and is accessible on the Website in a way that constitutes copyright infringement you may notify us by providing our copyright agent with the following information in writing:
a. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
b. identification of the copyrighted work that you claim has been infringed;
c. identification of the material that is claimed to be infringing and information reasonably sufficient to permit Owner to locate the material (for example, by providing a URL to the material);
d. your name, address, telephone number, and email address;
e. 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
f. a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent (the “Copyright Agent”) to receive notification of claimed infringement can be reached at:
It is our policy to terminate (in our sole discretion) in appropriate circumstances any account for infringement of intellectual property rights, including copyrights, and we also reserve the right (in our sole discretion) to terminate an account for even one instance of infringement (and Owner will not be responsible or liable for any such infringement by a third party).
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
a. Your physical or electronic signature;
b. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
c. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
d. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the courts in New York County, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Owner may send a copy of the counter-notice to the original complaining party informing that person.
17. ADDITIONAL TERMS
a. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
b. Jurisdiction. The Website is controlled by us from our offices in New York, NY. This Agreement and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to the Website will be governed by the laws of the State of New York, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Owner agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York. You hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by New York or federal law.
c. Limitations on Actions. Any action concerning any dispute you may have with respect to the Website must be commenced by you within one year after the cause of the dispute arises, or the cause of action is barred.
e. No Waiver. The failure of Owner to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Owner’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
If you have a complaint, you may contact us at lgmench@BetterFlicks.com. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
OWNER WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY OWNER TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE OWNER PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY OWNER, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OWNER’S COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE RE: TRADEMARKS
All trademarks used in the Website are owned or used under license by Owner. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Website. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: All content on the Website is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.