August 21, 2012
The Best Horror Movie List ("The Best Horror Movie List," "we," or "us") provides an online movie list service offering a selection of horror movies, clips, and other content (collectively, the "Content"). Our Content, and any other features, tools, applications, materials, or other services offered from time to time by The Best Horror Movie List in connection with its business, however accessed, are referred to collectively as the "The Best Horror Movie List Services."
The Content is available for permissible viewing on or through the following (collectively, the "Properties"):
3. ACCESS AND USE OF THE THE BEST HORROR MOVIE LIST SERVICES
Your License. The Best Horror Movie List is pleased to grant you a non-exclusive limited license to use the The Best Horror Movie List Services on the Properties, including accessing and viewing the Content for personal, non-commercial purposes as set forth in these Terms.
3. ACCESS AND USE OF THE THE BEST HORROR MOVIE LIST SERVICES
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means 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. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by The Best Horror Movie List in writing. You may not 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 unless expressly permitted by The Best Horror Movie List in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by The Best Horror Movie List. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. 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 montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by The Best Horror Movie List in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
Ownership. You agree that The Best Horror Movie List owns and retains all rights to The Best Horror Movie List Services. You further agree that the Content you access and view as part of the The Best Horror Movie List Services is owned or controlled by The Best Horror Movie List and The Best Horror Movie List's licensors, and its respective owner(s). The Best Horror Movie List Services and the Content are protected by copyright, trademark, and other intellectual property laws
Your Responsibilities. In order for us to keep The Best Horror Movie List Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use The Best Horror Movie List Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe The Best Horror Movie List Services, Content, and restrictions detailed above, and further agree that you will not access The Best Horror Movie List Site or use The Best Horror Movie List Services in a way that:
• violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
• uses technology or other means to access, index, frame or link to the The Best Horror Movie List Services (including the Content) that is not authorized by The Best Horror Movie List (including 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 The Best Horror Movie List Services);
• involves accessing The Best Horror Movie List 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 Best Horror Movie List Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
• 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;
• damages, disables, overburdens, impairs, or gains unauthorized access to The Best Horror Movie List Services, including The Best Horror Movie List's servers, computer network, or user accounts;
• removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with The Best Horror Movie List Services (including the Content);
• uses The Best Horror Movie List Services to advertise or promote services that are not expressly approved in advance in writing by The Best Horror Movie List;
• encourages conduct that would constitute a criminal offense or give rise to civil liability;
• violates these Terms or any guidelines or policies posted by The Best Horror Movie List;
• interferes with any other party's use and enjoyment of the The Best Horror Movie List Services; or
• attempts to do any of the foregoing
If The Best Horror Movie List determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of The Best Horror Movie List Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) The Best Horror Movie List Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use The Best Horror Movie List Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through The Best Horror Movie List Services, you acknowledge that you will have caused substantial harm to The Best Horror Movie List and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay The Best Horror Movie List $50 for each such unsolicited communication you send through the The Best Horror Movie List Services.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of The Best Horror Movie List Services (including the Content and the devices through which The Best Horror Movie List Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that The Best Horror Movie List may do so in The Best Horror Movie List's sole discretion. You also agree that The Best Horror Movie List will not be liable to you for any modification, suspension, or discontinuance of The Best Horror Movie List Services.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by contacting us at email@example.com. It would be our pleasure to serve you.
4. LINKED DESTINATIONS AND ADVERTISING
The Best Horror Movie List is not responsible for the content or practices of any website or destination other than The Best Horror Movie List Site, even if it links to The Best Horror Movie List Site and even if the website or destination is operated by a company affiliated or otherwise connected with The Best Horror Movie List. By using The Best Horror Movie List Services, you acknowledge and agree that The Best Horror Movie List is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than The Best Horror Movie List Site.
Advertisements. The Best Horror Movie List takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using The Best Horror Movie List Services are between you and the advertiser, and you agree that The Best Horror Movie List is not liable for any loss or claim that you may have against an advertiser.
The Best Horror Movie List, The Best Horror Movie List logo, www. Best Horror Movie List.com, and other The Best Horror Movie List marks, graphics, logos, scripts, and sounds are trademarks of The Best Horror Movie List. None of The Best Horror Movie List trademarks may be copied, downloaded, or otherwise exploited.
6. UNSOLICITED SUBMISSIONS
It is The Best Horror Movie List's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. The Best Horror Movie List's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any The Best Horror Movie List creative work, including a film, series, story, title, or concept, would be purely coincidental.
7. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE BEST HORROR MOVIE LIST SERVICES, YOU AGREE THAT USE OF THE BEST HORROR MOVIE LIST SERVICES IS AT YOUR OWN RISK. THE BEST HORROR MOVIE LIST SERVICES, INCLUDING THE BEST HORROR MOVIE LIST SITE AND THE OTHER PROPERTIES, THE CONTENT, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE BEST HORROR MOVIE LIST DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE BEST HORROR MOVIE LIST SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL THE BEST HORROR MOVIE LIST OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, "THE BEST HORROR MOVIE LIST 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 BEST HORROR MOVIE LIST SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE BEST HORROR MOVIE LIST 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 (INCLUDING NEGLIGENCE) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE BEST HORROR MOVIE LIST SERVICE EXCEED $10.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE BEST HORROR MOVIE LIST 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 BEST HORROR MOVIE LIST SERVICES (INCLUDING YOUR USE OF THE CONTENT). THE BEST HORROR MOVIE LIST 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.
8. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through The Best Horror Movie List Services, including through a link, infringes your copyright, you should notify The Best Horror Movie List of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that The Best Horror Movie List receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to The Best Horror Movie List at legal@Best Horror Movie List.com (subject line: "DMCA Takedown Request").
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 Best Horror Movie List Services that is reasonably sufficient to enable The Best Horror Movie List to identify and locate the material; (iv) how The Best Horror Movie List can contact you, such as your address, telephone number, and 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. Emails sent to legal@Best Horror Movie List.com for purposes other than communication about copyright infringement may not be answered.
The Best Horror Movie List has a policy of terminating repeat infringers in appropriate circumstances.
9. ARBITRATION OF CLAIMS PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW IT AFFECTS YOUR RIGHTS.
At The Best Horror Movie List, we expect that our world-class customer service team will be able to resolve most issues you may have using The Best Horror Movie List Services. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and The Best Horror Movie List agree to the following resolution process.
Because we prefer to resolve our issues with you directly, you agree to arbitrate with The Best Horror Movie List only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
Rather than force everyone to visit us in Missouri, if you can demonstrate that arbitration in Missouri would create an undue burden to you, you are free to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in Texas County, Missouri.
It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against The Best Horror Movie List, The Best Horror Movie List will not be responsible for your attorneys' fees and costs.
If you're not sure what all of this means, of course please feel free to ask an attorney.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with The Best Horror Movie List for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by email to us at: firstname.lastname@example.org.
Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and The Best Horror Movie List agree on the process described in this Section.
10. GENERAL INFORMATION
International Use. We are a company based in the United States. The Best Horror Movie List's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where The Best Horror Movie List does not have rights or does not offer services is prohibited.
Export Controls. Software and the transmission of applicable technical data, if any, in connection with The Best Horror Movie List Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.