Flixster Copyright Policy |
Flixster respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Flixster will respond expeditiously to claims of copyright infringement committed using the Flixster service that are reported to the Flixster Designated Copyright Agent identified in the sample notice below. If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Flixster website or other online network accessible through a mobile device or other type of device (the "Site") by completing the following DMCA Notice of Alleged Infringement and delivering it to the Flixster Designated Copyright Agent. Upon receipt of Notice as described below, Flixster will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site and/or termination of the Flixster Member's account. DMCA Notice of Alleged Infringement ("Notice")
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed. 2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found. 3. Provide your mailing address, telephone number, and, if available, email address. 4. Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." 5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to Flixster's Designated Copyright Agent: c/o Flixster, Inc. PO Box 40577 San Francisco, CA 94110 copyright@flixster.com |
Welcome to the Internet sites and services part of Flixster! Flixster, Inc. ("Flixster," together with its other business units including but not limited to Rotten Tomatoes, "we" or "us") provides an online community for movie fans made available through www.flixster.com, www.rottentomatoes.com and any other websites owned, operated or controlled by us, our social media networking webpages and mobile applications (together the "Sites") where users can setup a profile with all of their movie ratings, favorites, lists and more, connect their profile with friends and meet new people with similar taste (collectively, the "Services"). Flixster takes your privacy very seriously. To make it easier for you to read and understand our Privacy Policy, we did the unconventional thing - we wrote this in plain English and tried to keep it to a reasonably length. This Privacy Policy applies only to information that users provide to us through the Services.
Here are our privacy principles:As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or touching information in any way, including collecting, storing, disclosing and transferring information within the United States or internationally.
Our primary goals in collecting information are to provide and improve our Services, features and content, to administer your membership and to enable you to enjoy and easily navigate the Site.
As you use the Services, whether as a member or a non-registered user just browsing (any of these, a "Flixster User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). Log Data may include, but is not limited to, your computer's Internet Protocol address, browser type, the web page you were visiting before you came to the Site and information you search for on a Site. We use this information to monitor and analyze use of the Services and for the Site's technical administration, to increase our Site's functionality and user-friendliness, and to better tailor it to our visitors' needs. For example, some of this information is collected so that when you use the Services again, we will recognize and remember you and serve advertisements and other information appropriate to your interests.
We will display your Personal Information in your profile page and elsewhere through the Services according to the preferences you set in your account. Any information you choose to provide should reflect how much you want other Flixster Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your profile information at any time.
We may share aggregated information that includes your Personal Information, Non-Identifying Information and Log Data with third parties for industry analysis and demographic profiling and to deliver targeted advertising about other products and services.
We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site's features) or to assist us in analyzing how the Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications. (See "Email Policies," below.)
You may have the opportunity to access or interact with the Services via other social networking websites and services ("SNSs") like Facebook and MySpace. Consequently, your Personal Information may be shared with those SNSs. In the event that you choose to provide your information directly to a third party SNSs, your information will be governed by the policies of those other SNSs. We don't exercise control over third party SNSs. These other services may place their own cookies or other files on your computer, solicit Personal Information from you and follow different rules regarding the use of the information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Flixster cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Flixster or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally actionable activity.
Flixster may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
We use your Personal Information to send you weekly updates on various Site information (including new movies or quizzes of the week), a variety of transactional emails (such as when users post comments to your profile page) and the occasional site announcement. Members who agree to the terms and conditions of the Flixster Terms of Service Agreement are given the opportunity to opt in to receiving such communications from us in the future. You have full control regarding which of these emails you want to receive. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your account settings by simply clicking "My Account" at the top right corner of any page.
All members may review, update, correct or delete the Personal Information in their profile by simply clicking "My Account" at the top right corner of any page. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request if we do not have any legal obligation to retain the record. See below for privacy contact information.
The Services are not directed to children under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us using the links at the bottom of the page. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login ID and login password for future logins to the Site. Second, we utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by Flixster Users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Services and then close your browser. Third party advertisers on the Site may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you don't accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services. You can learn more about the use of cookies and how you can opt out of the marketing programs of third party advertisers in connection with their use of cookies and similar technologies, by visiting http://www.networkadvertising.org.
Our Site contains links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website is not an endorsement or representation of our affiliation with that website. This also doesn't mean that we endorse that website's privacy or information security policies or practices. We don't exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use of the information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
The security of your Personal Information, among other things, depends on your protection of your account password. Please don't disclose your account password to anyone. Flixster uses industry standard technology designed to help keep your Personal Information safe. Your information may be transferred to - and maintained on - computers located outside of your state or country where the privacy laws may not be as protective as those where you live. If you are located outside the United States and choose to provide information to us, please be aware that Flixster transfers Personal Information to the United States and processes it there. Your submission of such information represents your agreement to that transfer.
If you have any other questions about the security of our Services, please contact us using the links at the bottom of the page.
From time to time we may update this Privacy Policy. We will notify you of any material changes by posting the new Privacy Policy on the Site. Your continued usage of Flixster constitutes an acceptance of the then-current Privacy Policy and Terms of Service so we encourage you to visit this page periodically to review any changes.
Identity theft and the practice currently known as "phishing" are of great concern to Flixster. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, you can visit the Federal Trade Commission's website.
If you have any questions about this Privacy Policy, the practices of this Site or your dealings with the Services, you can contact us via the links at the bottom of every page, or by writing to:
Customer Support
Flixster, Inc.
208 Utah St 4th Floor
San Francisco, CA 94103
Flixster Terms of ServiceEffective February 12, 2010 |
Previous versions of our Terms of Service: April 10, 2007 Welcome to the Internet sites and services part of Flixster! Please read the following terms and conditions ("Terms of Service") carefully. Flixster, Inc. ("Flixster," together with its other business units including but not limited to Rotten Tomatoes, "we" or "us") provides an online community for movie fans where users can setup a profile with all of their movie ratings, favorites, lists and more, connect their profile with friends and meet new people with similar taste (the "Services") through our websites located at www.flixster.com, www.rottentomatoes.com and any other websites owned, operated or controlled by us, our social media networking webpages and mobile applications (together the "Sites"). These Terms of Service govern your access to and use of the Sites, including any content, information, products or Services therein. This is a legal agreement between you and Flixster and applies to you whether you are a registered user of the Sites ("Member") or a non-registered user just browsing (collectively "Users"). YOU UNDERSTAND THAT BY USING THE SITES, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES. 1. Modification of the Sites or Terms of Service. Flixster reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Sites and Services, or modify these Terms of Service without notice. All modified terms and conditions will be effective after they are posted on the Sites (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Sites and Services, and if applicable, cancel your Account (defined below). By continuing to access or use the Sites and Services after Flixster makes any such modification, you agree to be bound by the revised Terms of Service. 2. Registration and Eligibility. a. To become a Member you must be at least 13 years old. In order to access certain features of the Sites and Services, and to post User Submissions (defined below), you will have to become a Member and set up a Flixster account ("Account"), with a corresponding username and password. Your username and password will permit you to access certain secure areas of the Sites only available to Members. We encourage you to checkout our Privacy Policy for information about our policies and procedures regarding the collection, use and disclosure of personal information we receive from Members. b. You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose 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 agree to notify Flixster of any unauthorized use of your Account or any other breach of security within (24) twenty-four hours of such use being known to you. In the event that your user name or password is lost or stolen, please notify Flixster immediately so that a new user name or password can be created. c. If you become a Member, you will provide true, accurate and complete registration information and will maintain as current and promptly update relevant personal information provided to Flixster. You will not use false identities or impersonate any other person or use a name that you are not authorized to use. d. If you become a Member and create an 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 3. Content. Certain types of content are made available through the Sites. "Flixster Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files made available through the Sites, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and other content and information which Members post, upload and otherwise submit to the Sites, including without limitation in Member created profile pages. FLIXSTER RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY FLIXSTER CONTENT OR USER SUBMISSIONS FROM THE SITES WITHOUT NOTICE. 4. Your Obligations in Using the Sites and Services. The Sites and Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Sites and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Sites or Services: a. Circumvent, disable or otherwise interfere with security related features of the Sites or features that prevent or restrict use or copying of any Flixster Content; b. Upload, 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); (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 meta tags or other hidden text or metadata utilizing a Flixster name, trademark, URL or product name; d. Upload, 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 Sites or Services to send altered, deceptive or false source-identifying information; f. Upload, post, email, or otherwise transmit, via the Sites or Services, any User Submissions that are unlawful, obscene, harmful, threatening, 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 opinion of Flixster; g. Upload, post, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any Users, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Sites; h. Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions; i. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Sites, servers or networks connected to the Sites or the technical delivery systems of Flixster's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Sites; j. Attempt to probe, scan or test the vulnerability of any Flixster system or network or breach or impair or circumvent any security or authentication measures protecting the Sites or Services; k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Sites or Services; l. Attempt to access, search or meta-search the Sites with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Flixster 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 Sites to determine how a website or web page ranks. m. Collect or store personal data about other Users without their express permission; n. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud; o. Use the Sites or Services in any manner not permitted by this Agreement; or p. Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service. 5. Termination; Cancellation. a. We may immediately terminate or suspend your access to the Sites and Services and remove any material (including User Submissions) from the Sites or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Sites, Services or your access thereto 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. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. Flixster 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 SITES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Flixster 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. You may terminate your Account at any time and for any reason by clicking "Cancel Account" on the "My Account" page. Upon any termination by a Member, the related Account will no longer be accessible. c. Any suspension, termination or cancellation will not affect your obligations to Flixster under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation. 6. Third Party Links. The Sites may provide links to third party websites or resources from the Sites. You acknowledge and agree that Flixster is not responsible or liable for the availability or accuracy of, and Flixster 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 Sites, Services, Flixster Content and User Submissions for your own personal non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sites, Flixster 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 Sites, Flixster Content, User Submissions (other than your User Submissions). Flixster and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Sites, Flixster Content and the trademarks, service marks and logos contained therein other than your User Submissions. b. User Submissions. (i) License Grant. Flixster does not claim ownership rights in your User Submissions. However, by uploading, posting, emailing or otherwise transmitting any User Submission to Flixster or on the Sites, you hereby grant Flixster 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 Sites 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 Flixster. Flixster will own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by Flixster, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Flixster to give to Flixster the full benefit of the rights granted to Flixster by you. (ii) Limitations. You acknowledge and agree that Flixster may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Sites, the maximum size of any files that may be stored on or uploaded to the Sites, and the maximum disk space that will be allotted to you for the storage of User Submissions on Flixster's servers. Flixster will have no responsibility or liability for and you are solely responsible for creating back-ups of your User Submissions. (iii) Disclaimer. Flixster has no ability to control the User Submissions that are uploaded, posted, emailed or otherwise transmitted using the Sites or Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, 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 Sites. Flixster 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 Flixster with respect thereto. 8. Copyrighted Materials: No Unauthorized Use. YOU WILL NOT USE THE SITES 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. Flixster 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 Flixster Copyright Policy for further information. 9. Disclaimer of Warranties. YOUR USE OF THE SITES, SERVICES, FLIXSTER CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SITES, SERVICES, FLIXSTER 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. FLIXSTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITES, SERVICES, FLIXSTER 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. FLIXSTER DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITES; OR (II) THAT THE SITES, SERVICES, FLIXSTER CONTENT AND USER SUBMISSIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLIXSTER, 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 FLIXSTER, 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 SITES, SERVICES, FLIXSTER CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FLIXSTER 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 FLIXSTER'S CUMULATIVE LIABILITY TO YOU EXCEED $100. 11. Indemnification. You agree to defend, indemnify, and hold Flixster, 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 Sites, Services, Flixster 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 California 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 Northern California 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 Flixster and any prohibited assignment will be null and void. Flixster 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 Flixster's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Flixster. This Terms of Service together with the rules and policies of Flixster constitutes the entire agreement between Flixster 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 Flixster via email (in each case to the address that you provide), (b) a posting on the Sites, or (c) by you via email to contact @flixster.com or to such other addresses as Flixster may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted. |
Explore | Movies | Actors & Actresses | Photos | Theaters | News | Lists | Quizzes | Blog | Reviews | Mobile
More Info | Copyright, Privacy Policy, Terms of Service | About Us | Jobs | Advertise | Follow Flixster on Twitter! | Flixster SuperReviewers
Copyright © 2010 Flixster, All Rights Reserved
iLike - discover music with friends | Get Skyfire - Browse the PC web on your phone
