Terms of Use
General
Video Detective LLC makes no warranties as to the suitability of the
VideoDetective.com web site or the movie trailers, video previews or Thumbnail
Samples for any purpose. We also can't guarantee that VideoDetective.com will
work on any particular computer, browser or Internet connection. The video
suppliers and other advertisers who support and sponsor this web site also hope
you will consider their offerings. Like a free sample of anything, there are
strings attached. Think of our streams as a trial or a loan, not a gift. They
may not be cached or saved. The video suppliers and various companies
responsible all retain their legal rights in the underlying creations they have
made and may revoke their use at any time.
Your Acceptance
BY USING THE VIDEODETECTIVE.COM.COM WEBSITE YOU SIGNIFY
YOUR ASSENT TO THESE TERMS AND CONDITIONS. If you do not agree to any of
these terms, then please do not use this Website. You affirm that you are
either more than 18 years of age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter into
the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Service, and to abide by and comply with
these Terms of Service. In any case, you affirm that you are over the age of
12, as the VIDEODETECTIVE.COM Website is not intended for children under 12. If
you are under 12 years of age, then please do not use VIDEODETECTIVE.COM.
1. The Website
These Terms of Service apply to all users of the VIDEODETECTIVE.COM
Website, including users who are also contributors of video content,
information, and other materials or services on the Website. The VIDEODETECTIVE.COM
Website may from time to time contain links to third party websites not owned
or controlled by VIDEODETECTIVE.COM. VIDEODETECTIVE.COM assumes no
responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, VIDEODETECTIVE.COM will not and cannot censor or edit
the content of any third-party site. You hereby expressly relieve VIDEODETECTIVE.COM
from any and all liability arising from your use of any third-party website.
3. Website Access
A. VIDEODETECTIVE.COM hereby grants you permission to use
the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your
personal, noncommercial use; (ii) you will not copy, alter or modify any part
of the Website other than as may be reasonably necessary to use the Website for
its intended purpose without prior written authorization.
B. In order to access some features of the Website, you may
have to create an account. You may never use another's account without
permission. When creating your account, you must provide accurate and complete
information. You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You must notify VIDEODETECTIVE.COM
immediately of any breach of security or unauthorized use of your account.
Although VIDEODETECTIVE.COM will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of VIDEODETECTIVE.COM
or others due to such unauthorized use.
C. You agree not to use or launch any automated system,
including without limitation, "robots," "spiders,"
"offline readers," etc., that accesses the Website in a manner that
sends more request messages to the VIDEODETECTIVE.COM servers in a given period
of time than a human can reasonably produce in the same period by using a web
browser. You agree not to collect any personally identifiable information,
including account names, from the Website, nor to use the communication systems
provided by the Website for any commercial solicitation purposes.
D. VIDEODETECTIVE.COM permits you to link to materials on
the Website for personal, non-commercial purposes only. VIDEODETECTIVE.COM
reserves the right to discontinue any aspect of the VIDEODETECTIVE.COM Website
at any time. If you wish to link to materials on the Website for
commercial purposes, please contact us for prior written permission.
E. You understand that when using the VIDEODETECTIVE.COM
Website, you may be exposed to Submissions from a variety of sources, and that VIDEODETECTIVE.COM
is not responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such Submissions. You further understand and
acknowledge that you may be exposed to Submissions that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may have against VIDEODETECTIVE.COM
with respect thereto, and agree to indemnify and hold VIDEODETECTIVE.COM, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the site.
4. Intellectual Property Rights
The Videodetective.com Guide to Movies and the supplier
made movie trailers and video previews it contains were all created for
promotional use. Video Detective created ‘Thumbnail Samples’ are for the
educational use of the public. They are all an integral part of our reference
database to published motion pictures, videos and which is designed to assist
in the acquisition and selection of movies for personal viewing. When taken
together, this database not only facilitates access to audiovisual information,
it also allows for the side by side comparison essential to true choice in a
competitive marketplace. Thumbnail Samples are not meant to substitute for, but
to compliment (enhance) the promotional information for and the actual work
they depict through the provision of ready access to equitable and competitive
information. At the same time, they are not endorsed by the producer of the
work they represent nor should they be considered to be indicative of the
quality of that work in any way. They do not contain material from the second
half of the work and should not be considered complete. The scenes have been
critically selected to be a representative sample and permit the viewer to make
their own expedient judgments that allow them to maximize the value of their
own time and money.
The materials on the VIDEODETECTIVE.COM Website are owned
by or licensed to VIDEODETECTIVE.COM and are subject to copyright and other
intellectual property rights under United States and foreign laws and
international conventions. The composers, musicians, performers,
videographers, producers and other creators maintain their underlying
rights. Content on the Website is provided to you AS IS for your
information and personal use and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited beyond those allowed by ‘fair use’ without the prior written consent
of the respective owners. VIDEODETECTIVE.COM reserves all rights not expressly
granted in and to the Website and the Content. You agree not to remove notices,
circumvent, disable or otherwise interfere with security features of the VIDEODETECTIVE.COM
Website.
5. Submissions
A. All material received, without contrary notice signed by VIDEODETECTIVE.COM,
is subject to the terms if this agreement. The VIDEODETECTIVE.COM Website may permit the submission of movie previews or other communications by you and others ("Submissions") and the hosting, sharing, and/or publishing of such Submissions by and to affiliates, Syndicators, subscribers and end users. VIDEODETECTIVE.COM does not guarantee any confidentiality with respect to any submissions. It is understood that movie previews are submitted for promotional purposes. Promotional purposes includes the public performance or personal viewing via download in whole or in part of the material submitted to educate or inform consumers about the underlying work and/or its availability on VIDEODETECTIVE.COM or its affiliated, syndicated or subscribing websites and users. VIDEODETECTIVE.COM may charge subscription or access fees to as well as place advertising on its site or its affiliated, syndicated or subscribing sites.
B. You shall be solely responsible for your own Submissions/Links
and the consequences of posting or publishing them. In connection with Submissions,
you affirm, represent, and/or warrant that you own or have the necessary
licenses, rights, consents, and permissions to use and authorize VIDEODETECTIVE.COM
to use all patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all Submissions to enable inclusion and use of the Submissions
in the manner contemplated by the Website and these Terms of Service. You
retain all of your ownership rights in your Submissions. However, by submitting
the Submissions to VIDEODETECTIVE.COM, you hereby grant VIDEODETECTIVE.COM a
worldwide, non-exclusive, royalty-free, irrevocable and transferable license to
use, reproduce, distribute, display, and perform the Submissions in connection
with the VIDEODETECTIVE.COM Website and its successor's business, including
without limitation, promoting and redistributing part or all of the VIDEODETECTIVE.COM
Website in any media formats and through any media channels. You also hereby
grant each user of the VIDEODETECTIVE.COM Website a non-exclusive license to
access and to use your Submissions through the Website as permitted via the
functionality of the Website and these Terms of Service.
C. VIDEODETECTIVE.COM will remove all Content and Submissions
if properly notified that such Content or Submission infringes on another's
intellectual property rights. If you are a copyright owner or an agent thereof
and believe that any Submission or other content infringes upon your
copyrights, you may submit a notification pursuant to the Digital Millennium
Copyright Act ("DMCA") by providing our Copyright Agent with the
following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such works at
that site;
(iii) 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 service provider to locate the material;
(iv) Information reasonably
sufficient to permit the service provider to contact you, such as an address,
telephone number, and, if available, an electronic mail;
(v) 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
(vi) 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.
VIDEODETECTIVE.COM's designated
Copyright Agent to receive notifications of claimed infringement is: Jed
Horovitz, 207 White Horse Pike, Haddon Heights, NJ 08035, email: jedh@VIDEODETECTIVE.COM.com,
telephone: 856 310 1981, fax: 856 310 1956. For clarity, only DMCA notices
should go to the Copyright Agent. If you fail to comply with all of the
requirements of this Section 5(D), your DMCA notice may not be valid.
D. You further agree that you will not submit or link to
material that is unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or encourages conduct
that would be considered a criminal offense. VIDEODETECTIVE.COM does not
endorse any Submission or any opinion, recommendation, or advice expressed
therein. VIDEODETECTIVE.COM reserves the right to remove Content and Submissions
without prior notice. VIDEODETECTIVE.COM may also terminate a User's access to
its Website. VIDEODETECTIVE.COM also reserves the right to decide whether
Content or a Submission is appropriate and complies with these Terms of
Service. VIDEODETECTIVE.COM may remove such Submissions and/or terminate a
User's access for uploading such material in violation of these Terms of
Service at any time, without prior notice and at its sole discretion.
6. Jurisdiction
VIDEODETECTIVE.COM is controlled and offered from
facilities in the United
States of America. VIDEODETECTIVE.COM makes
no representations that the Website is appropriate or available for use in
other locations. Those who access or use the VIDEODETECTIVE.COM Website from
other jurisdictions do so at their own volition and are responsible for
compliance with local law. You agree that the VIDEODETECTIVE.COM Website shall
be deemed solely based in New Jersey and further that all disputes here in
shall be settled according to the rules of the American Arbitration Society.
7. Warranty Disclaimer and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, VIDEODETECTIVE.COM,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VIDEODETECTIVE.COM
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME
NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIDEODETECTIVE.COM WEBSITE.
VIDEODETECTIVE.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE VIDEODETECTIVE.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VIDEODETECTIVE.COM WILL NOT BE
A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN NO EVENT SHALL VIDEODETECTIVE.COM,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE
THE WEBSITE OR OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE VIDEODETECTIVE.COM WEBSITE. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VIDEODETECTIVE.COM SHALL NOT BE
LIABLE FOR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VIDEODETECTIVE.COM
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION, OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
8. Privacy Notification
VIDEODETECTIVE.COM, does not resell your information,
including email address to any third parties. We will use that information
to contact you from time to time and to customize our services to you. We
send to your web browser many of the advertisements you see when you use the VIDEODETECTIV.COM.
However, we also allow other companies, called third-party ad servers or ad
networks, to serve advertisements within our web pages. Because your web
browser must request these advertising banners from the ad network Web site,
these companies can send their own cookies to your cookie file, just as if you
had requested a web page from the site. Please note that if an advertiser asks
us to show an advertisement to a certain audience (for example, men ages 18-34)
or audience segment (for example, men ages 13-24 who have viewed sports
content) and you respond to that ad, the advertiser or ad-server may conclude
that you fit the description of the audience they are trying to reach. We
only authorize our third-party ad servers to employ anonymous cookies for ad
delivery and anonymous targeting. Our third-party ad servers do not
collect, nor do we give them access, to any personally identifying information
about you.
9. Opting Out of Third-Party Ad Servers
If you want to prevent a third-party ad server from
sending and reading cookies on your computer, currently you must visit each ad network's
Web site individually and opt out (if they offer this capability). Currently,
we have relationships with the following third-party ad
networks (click to visit their Web site):
http://www.247realmedia.com/privacy.html
http://www.networkadvertising.org/optout_nonppii.asp.
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