Last updated 15 July 2018
When we say "our", "us", "we" or "Cinehook" in these Terms, we mean Cinehook.com or its subsidiaries. When we say "Services" or "Site" in these Terms, we mean websites operating under the Cinehook.com , applications, emails and other communications that link to or reference these Terms or the other services provided through any of these means.
- ACCEPTANCE OF TERMS
- PERMITTED USE
- REGISTRATION, ACCOUNTS AND PASSWORDS
- USER CONDUCT AND SUBMISSIONS
- GRANT OF LIMITED LICENSE
- COPYRIGHTS AND FAIR USE
- CHILDREN'S ONLINE PRIVACY PROTECTION ACT NOTIFICATION
- DISCLAIMER OF WARRANTIES
- EXCLUSION OF DAMAGES
- THIRD PARTY WEB SITES AND FUNCTIONALITIES
1. ACCEPTANCE OF TERMS
If you do not agree to these Terms, please do not use the Services.
Cinehook.com may, subject to the below, change these Terms from time to time on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use or accessing of the Services following the posting of any changes to the Terms constitutes your acceptance of such changes. Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise), of any portion of the Services, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.
2. PERMITTED USE
Our Site and Services are for your personal and non-commercial use. They contain material that is derived in whole or in part from material supplied and owned by other sources, material which is protected by copyright, trademark and other applicable laws like Section 107 of the Copyright Act. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Unless otherwise agreed to in writing by Cinehook.com, you agree that you will not use the Services, or duplicate, download, publish, modify or otherwise distribute or use any material in the Services for any purpose, except for your personal, non-commercial use. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make a derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering.
3. REGISTRATION, ACCOUNTS AND PASSWORDS
If you establish a personal account with us, you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. You shall not allow other persons access to or use of such username or password. You shall not post your username or password on any website nor transmit it through unsecured sites. You agree to (a) immediately notify Cinehook.com of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Services. Access and use of password-protected and/or secure areas of the Services is restricted to users who have been given a valid password by Cinehook.com. We may terminate your membership and access to the Services if we learn that you have provided us with false or misleading registration data. If we feel your username and password are insecure or otherwise problematic, we may require you to change it or terminate your account.
5. USER CONDUCT AND SUBMISSIONS
You are responsible for your use of the Services and the Site, and for any consequences thereof, including any information or materials you choose to make available, public or private communications transmitted through the Services or the Site (including posts), usernames and passwords that you provide to the Services or the Site, including those usernames and passwords provided by you for access to various third party services (e.g., social networking and other accounts that you wish to link with your account on the Site).
It is a condition of your use of the Services that you do not:
- Interfere with any other user from using and enjoying the Services;
- Collect information about other users or third parties via the Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;
- Engage in the systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory, without Cinehook.com's prior written consent;
- Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
- Attempt to gain unauthorized access to other computer systems or networks connected to the Services; or
- Take actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any service or product that may be presented by the Services.
- Provide fictitious information or conceal your identity or location, including, but not limited to, in an attempt to circumvent limits associated with promotional or other offers.
- Use the Services for unlawful purposes.
Additionally, you agree that you will not use the Services to upload, post, or otherwise distribute or facilitate distribution of any material that:
- Is libelous, defamatory or slanderous;
- Is sexually suggestive or contains explicit sexual content (including nudity);
- Does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Does or may threaten, abuse, harass, or invade the privacy of any third party;
- Is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party;
- Encourages conduct that would constitute a criminal offense or give rise to civil liability;
- Impersonates any person or entity, including any employee or representative of Cinehook.com; or
- Violates any applicable law or these Terms.
Certain areas on the Services may allow you to provide us or others with photos and other images, commentaries, reviews, audio and video, "Feedback" (defined as suggestions, comments or other feedback you provide to us), posts, public or private messages or other content from you ("User Materials"). You alone are responsible for your User Materials, and once published, it cannot always be withdrawn. You assume all risks associated with your User Materials, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your User Materials that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your User Materials as described herein. You may not imply that your User Materials is in any way sponsored or endorsed by Cinehook.com.
7. GRANT OF LIMITED LICENSE
Cinehook.com may use User Materials in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant Cinehook.com and its affiliates and licensees a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use, including, but not limited to the right to copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of, any User Materials for any purpose. Please note that you also irrevocably grant the users of the Services and any Other Media the right to access User Materials in connection with their use of the Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Cinehook.com and its users any claims and assertions of moral rights or attribution with respect to your User Materials. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to Cinehook.com the foregoing license without infringing or violating the rights of any third party. You acknowledge that we are under no obligation to pay you or anyone else for any use or disclosure of User Materials. You hereby confirm: (a) your User Materials will be not be subject to any obligation, of confidence or otherwise, to you or any other person; (b) your posting of the content on or through the Services does not violate the privacy rights, publicity rights, copyrights or other rights of any other person; and (c) your posting is in accordance with these Terms and that we shall not be liable for any use or disclosure of such User Materials. We reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Materials that are contributed to the Services or Site. You acknowledge that we do not verify, adopt, ratify, or sanction User Materials, and you agree that you must evaluate and bear all risks associated with our use of User Materials or our reliance on the accuracy, completeness, or usefulness of User Materials.
8. COPYRIGHTS AND FAIR USE
Cinehook.com respects the intellectual property of others, and we ask our users to do the same. We contain material that is derived in whole or in part from material supplied and owned by other sources, material which is protected by copyright , trademark and other applicable laws like Section 107 of the Copyright Act. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Also the Digital Millennium Copyright Act of 1998 (the "Act") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Cinehook.com, pursuant to the Act, reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property rights, please send a notice to the agent identified below to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Cinehook.com to locate the material on the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Cinehook.com a counter-notice. Notices and counter-notices must meet the then-currentstatutory requirements imposed by the DMCA; see www.loc.gov/copyright for details. Notices and counter-notices with respect to the Services should be sent to:
DMCA Agent NBCUniversal Law Department 30 Rockefeller Plaza, Rm. 1087E New York, New York 10112 (212) 664-4444 by email: firstname.lastname@example.org
Cinehook.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there can be penalties for false claims under the DMCA.
9. CHILDREN'S ONLINE PRIVACY PROTECTION ACT NOTIFICATION
The Services and the Site is not designed or intended for use by children under 13, and thus all users must be at least 13. If you are under 18, you should use Cinehook.com only with involvement and permission of a parent or guardian. Some of our Services or portions of the Site, including Adult Content-enabled features, require you to be over the age of 18 or the age of majority for your state; please see the terms and conditions of the relevant offer for more details. Cinehook.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy-Policy.
10. DISCLAIMER OF WARRANTIES
While Cinehook.com uses reasonable efforts to include up to date information on the Site and other Services, Cinehook.com makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
CINEHOOK.COM PROVIDES THE SITE AND OTHER SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CINEHOOK.COM, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE "CINEHOOK.COM PARTIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CINEHOOK.COM DOES NOT WARRANT THAT THE SITE OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR RISK.
11. EXCLUSION OF DAMAGES
NONE OF THE CINEHOOK.COM PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR OTHER SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF CINEHOOK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE CINEHOOK.COM PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, CINEHOOK.COM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH PARAGRAPH 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO THE SITE OR OTHER SERVICE BY YOU OR ANY THIRD PARTY.
12. THIRD PARTY WEB SITES AND FUNCTIONALITIES
THE THIRD-PARTY WEB SITES OR SERVICES LINKED TO OR FROM THE SERVICES ARE NOT CONTROLLED BY CINEHOOK.COM. ADDITIONALLY, THIRD PARTIES MAY PROVIDE TOOLS OR SERVICES ("THIRD PARTY TOOLS") THAT ARE MADE AVAILABLE TO YOU THROUGH OUR SERVICES (FOR EXAMPLE, BUT NOT LIMITED TO, FACEBOOK FEATURES). ACCORDINGLY, CINEHOOK.COM MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SERVICES OR WEB SITES OR THIRD PARTY TOOLS AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD SERVICES OR WEB SITES OR THIRD PARTY TOOLS. YOUR USE OF THIRD-PARTY SERVICES OR WEB SITES OR THIRD PARTY TOOLS IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY SERVICE OR WEB SITE, OR INCLUSION OF A THIRD PARTY TOOL, DOES NOT IMPLY AN ENDORSEMENT BY CINEHOOK.COM. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES OR SITES, OR THIRD PARTY TOOLS, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD PARTY WEB SITES OR SERVICES OR THIRD PARTY TOOLS.
You will indemnify and hold harmless the Cinehook.com Parties, and at Cinehook.com's option defend the Cinehook.com Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the Cinehook.com Parties arising out of your use of the Services or any alleged breach by you of any provision of these Terms, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the Cinehook.com Parties, Cinehook.com may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Cinehook.com.
In its sole and absolute discretion, with or without notice to you, Cinehook.com may suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification, (ii) permitting another person or entity to use your user identification to access the Services, (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services, or (vi) failure to use the Services on a regular basis. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. You may terminate your account for any reason by emailing Cinehook.com at unsubscribe@Cinehook.com. Cinehook.com shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which Cinehook.com may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Cinehook.com.
15. CONTACT US