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MatchFlick Terms of Use Agreement

MatchFlick™ is an online community of movie fans who use the web site to express their opinions and preferences in the realm of film. The MatchFlick service allows members to create unique movie-themed profiles online, as well as post reviews and opinions on films and people in film in order to find and communicate with other movie fans. The service is operated by Tim Malcolm and/as MatchFlick, ("MatchFlick"). By using the MatchFlick Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the MatchFlick services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.

This Agreement sets out the legally binding terms of your use of the Web site and your membership in the Service and may be modified by MatchFlick at any time and without prior notice, such modifications to be effective upon posting by MatchFlick on the Web site. This Agreement includes MatchFlick's acceptable use policy for content posted on the web site, MatchFlick's Privacy Policy, and any notices regarding the Web site.

YOUR PRIVACY
Please choose carefully the information you post on MatchFlick and that you provide to other Members. Your MatchFlick profile and reviews should not include telephone numbers, street addresses, or last names.

CORRESPONDENCE
By becoming a Member of MatchFlick, you will occassionaly be sent emails as part of your participation in the Service. This includes a weekly newsletter, notifications of updates to the web site or your membership, and notifications of messages and requests from other members. You have the ability to unsubscribe from such notices on the web site, or directly from the emails you will receive.

1. Eligibility. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You must be eighteen or over to register as a member of MatchFlick or use the Web site. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any messages, reviews, and interactions with other members.

2. Term. This Agreement will remain in full force and effect while you use the Web site and/or are a Member. If MatchFlick terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect.

3. Non Commercial Use by Members. The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site for any purpose. Passwords and compiled names, photos, links, and Web site content are not to be transferred or copied from the Web site for use with any other product or service. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. Proprietary Rights in Content on MatchFlick. MatchFlick owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of MatchFlick, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted on the Site.
  1. You understand and agree that MatchFlick may review and delete any content, messages, reviews, photos or profiles (collectively, "Content") that in the sole judgment of MatchFlick violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
  2. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
  3. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
  4. By posting Content to any public area of MatchFlick, you automatically grant, and you represent and warrant that you have the right to grant, to MatchFlick an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
  5. The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. MatchFlick reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
    • is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
    • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
    • displays pornographic or sexually explicit material of any kind;
    • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
    • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
    Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.
  6. You must use the Service in a manner consistent with any and all applicable laws and regulations.
  7. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although MatchFlick cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MatchFlick reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which MatchFlick deems appropriate in its sole discretion.
6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact us immediately.

7. Member Disputes. You are solely responsible for your interactions with other MatchFlick Members. MatchFlick reserves the right, but has no obligation, to monitor disputes between you and other Members.

8. Privacy. Use of the Web site and/or the Service is also governed by our Privacy Policy.

9. Disclaimers. MatchFlick is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. MatchFlick is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. MatchFlick assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. MatchFlick is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will MatchFlick be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and MatchFlick expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MatchFlick cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from MatchFlick or through or from the service shall create any warranty not expressly stated herein.

10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will MatchFlick be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if MatchFlick has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MatchFlick's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MatchFlick for the Service during the term of membership.

11. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco.

12. Indemnity. You agree to indemnify and hold MatchFlick, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

13. Other. This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and MatchFlick regarding the use of the Website and/or the Service. The failure of MatchFlick to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Please contact us with any questions regarding this Agreement.

MatchFlick™ is a registered trademark.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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