The Movie Locator Terms of
Service
These Terms of Service are an agreement, entered into by
and between you and The Movie Locator (“the Company” or “the Services”), and
govern your use of the Services related products, features, apps, services,
technologies, and software.
Your Acceptance
By using, visiting, or viewing the Company’s products,
software, data feeds or services provided to you from, on or through the
website or applications (collectively “Service”), you accept and agree to these
Terms of Service.
Please read the Terms of Service carefully because they
govern your access to and use of all related services, content, functionalities
offered on or through the company, including any software, web browser
extensions, mobile applications and related documentation.
If you do not agree to all of the terms or conditions of
these Terms of Service or the Privacy Policy, do not use the Service, as use
constitutes acceptance.
Our Service
We might not monitor or review all Content and the
company assumes no responsibility for it. Except as described in these Terms of
Service, the company will not censor or edit materials. By using the Service,
you expressly relieve the company from any and all liability relating to your
encounters or interaction with Content from Users.
The Service may contain ads and/or links to third-party
websites that are not owned or controlled by the company. The company has no
control over, and assume no responsibility for, any third-party websites and
the materials on them or their policies and practices. Be aware and inform
yourself of the relevant third-party website policies and agreements that you
may encounter while you use Our Service. If a third-party website sets forth
requirements, such as for membership, registration, or passwords, you must
comply with the third-party website. We will not censor or edit materials from
any third-party website. By using the Service, you expressly relieve us from
any and all liability relating to your use of any third-party websites.
The Service, including the website, trademarks, software,
features, and functionality (including but not limited to all information,
software, text, displays, images, video and audio, and the design, selection
and arrangement thereof), are owned by the company are protected by law.
You are permitted to use the Service for your personal,
non-commercial use only. If the company provide software to you as part the
Service, then the company grants you a non-exclusive license to install and use
the software subject to the terms and conditions of this Terms of Service. You
will not reproduce, distribute, modify, create derivative works of, publicly
display, publicly perform, republish, download, store or transmit any of the material
on the Service.
You will not:
Ž
Access
or use for any commercial purposes any part of the Service or any materials
available through the Service;
Ž
Modify
copies of any materials from the Service; or
Ž
Delete
or alter any copyright, trademark or other proprietary rights notices from
copies of materials from the Service.
Ž
Any
use of the Service not expressly permitted by these Terms of Service is a
breach of these Terms of Service and may violate copyright, trademark and other
laws.
By using the Service, you agree to these Terms of Service
and to allow us to automatically store and spread your searches to one or many
different search engines for your data’s security and your privacy. You have
the right to disable this feature at any time within your settings. If you do
so, you should manually use different search engines for your own protection.
Who Can Use the Service?
If you are over 18 years old, the Service is available to
you, subject to other restrictions in this Terms of Service. Our Service is not
offered to users who are 12 years old or younger. If you are a user between the
ages of 13 and 18, review these Terms of Service with your parent or guardian.
Your parent or guardian must agree to these Terms of Service on your behalf. By
using the Service, you represent and warrant that you are of legal age to form
a binding contract with Us or have the consent of your parent or guardian.
We have the right to disable your account and/or your
Account Information at any time if, in Our opinion, you have violated any
provision of the Terms of Service. We have the right to pursue any available
legal process, where applicable, that arises due to the violation of these
Terms of Service.
Permission to update software
If you download or use Our software, you give us
permission to download and install upgrades, updates, and additional features
to improve, enhance, and further develop it.
Monitoring and Enforcement,
Termination
The company has the right to:
Ž
Take
appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or damaging unauthorized use of the Service.
Ž
Terminate
or suspend your access to all or part of the Service for any violation of these
Terms of Service.
Ž
We
do not necessarily monitor or review use of Our Service by Users and/or
promptly remove any Content that violates the above restrictions.
Ž
Without
limiting the foregoing, we have the right to fully cooperate with any law
enforcement authorities or court order requesting or directing us to disclose
the identity or other information of anyone posting any materials on or through
the Service.
YOU WAIVE AND HOLD HARMLESS US, OUR AFFILIATES,
LICENSORS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS
(COLLECTIVELY “RELEASED PARTIES“) FROM ANY CLAIMS RESULTING FROM ANY ACTION
TAKEN OR NOT TAKEN BY US/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF
ITS INVESTIGATIONS CONCERNING THE ABOVE AND FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER US/SUCH PARTIES OR LAW ENFORCEMENT
AUTHORITIES.
Copyright Infringement
If you are a copyright owner or an agent thereof and
believe that any Content on the Service infringes upon your copyrights, you may
submit a notification to help@themovielocator.com.
A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed;
Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works on the Service are covered by
a single notification, a representative list of such works on the Service;
Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled and information reasonably
sufficient to permit the company to locate the material;
Information reasonably sufficient to permit the company
to contact you, such as an address, telephone number, and, if applicable,
e-mail address;
A statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent or the law; and
A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Limitation on Liability
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR
DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION
WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY
CONTENT ON THE SERVICE, INCLUDING THE SOFTWARE, OR SUCH OTHER WEBSITES OR ANY
MATERIALS VIEWED OR OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES,
INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE OR WE RECEIVED NOTICE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Disclaimer of warranties
You understand that the company cannot and do not
guarantee or warrant that files available for downloading from the Service,
including the software, will be free of viruses or other destructive code. WE WILL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE
ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE
TO YOUR USE OF THE SERVICE, THE SOFTWARE, OR MATERIALS OBTAINED THROUGH THE
SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE
LINKED TO IT. YOUR USE OF THE SERVICE, CONTENT, THE SOFTWARE, ANY MATERIALS
VIEWED OR OBTAINED THROUGH THE SERVICE, AND ANY WEBSITE LINKED IS AT YOUR OWN
RISK. THE SERVICE, CONTENT, THE SOFTWARE, ANY MATERIALS VIEWED OR OBTAINED
THROUGH THE SERVICE, AND ANY WEBSITE LINKED ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED.
Indemnification
You agree to defend, indemnify and hold harmless the
Released Parties from and against any claims, liabilities, damages, judgments,
awards, losses, costs, expenses or fees (including reasonable attorneys’ fees)
arising out of or relating to your violation of these Terms of Service or your
use of the Service, including, but not limited to, your Content, any use of
other Users' Content, the software, and products other than as expressly
authorized in these Terms of Service or your use of any information obtained
from the Service.
Governing Law and Jurisdiction
All matters relating to the Service and these Terms of
Service and any dispute or claim arising therefrom or related thereto, will be
governed by and construed in accordance with British Columbia, Canada laws.