Welcome to MyFilmBlog! Before you begin using MyFilmBlog, you must read and agree to these MyFilmBlog Terms of Service ("Terms of Service") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):
Although we may attempt to notify you when major changes are made to these MyFilmBlog Terms of Service, you should periodically review the most up-to-date version. MyFilmBlog may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the MyFilmBlog service.
1. Description of Service. MyFilmBlog is a web publishing service and optional hosting service (the "Service"). You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. MyFilmBlog disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. MyFilmBlog also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
You must be at least thirteen (13) years of age to use the Service. MyFilmBlog reserves the right to refuse service to anyone at any time without notice for any reason.
2. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
Much of the content of MyFilmBlog.com -- including the contents of specific postings -- is provided by and is the responsibility of the person or people who made such postings. MyFilmBlog does not monitor the content of MyFilmBlog.com, and takes no responsibility for such content. Instead, MyFilmBlog merely provides access to such content as a service to you.
By their very nature, MyFilmBlog.com may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using MyFilmBlog.com.
MyFilmBlog does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
3. General Practices Regarding Use and Storage. You agree that MyFilmBlog has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. MyFilmBlog retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
4. Content of the Service. MyFilmBlog takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does MyFilmBlog have any obligation to monitor such third-party content. MyFilmBlog reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. MyFilmBlog also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of MyFilmBlog, its users and the public. MyFilmBlog will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
5. Intellectual Property Rights. MyFilmBlog's Intellectual Property Rights. You acknowledge that MyFilmBlog owns all right, title and interest in and to the Service, including all intellectual property rights (the "MyFilmBlog Rights"). MyFilmBlog Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, MyFilmBlog Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
Your Intellectual Property Rights. MyFilmBlog claims no ownership or control over any Content submitted, posted or displayed by you on or through MyFilmBlog services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through MyFilmBlog services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through MyFilmBlog services which are intended to be available to the members of the public, you grant MyFilmBlog a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on MyFilmBlog services for the purpose of displaying and distributing MyFilmBlog services.
6. Termination; Suspension. MyFilmBlog may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes.
7. Indemnification. You agree to hold harmless and indemnify MyFilmBlog, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, MyFilmBlog will provide you with written notice of such claim, suit or action.
8. Entire Agreement. This Agreement constitutes the entire agreement between you and MyFilmBlog and governs your use of the Service, superseding any prior agreements between you and MyFilmBlog.
9. Waiver and Severability of Terms. The failure of MyFilmBlog to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
10. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of MyFilmBlog services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the New Jersey, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Mercer County, New Jersey, and you consent to the jurisdiction of such courts.
12. Limitation of Liability. In no even will MyFilmBlog or its suppliers be liable to you for any indirect, incidental, special, punitive, consequential, or other damages, or any loss of revenue, data, use, or profits.
MYFILMBLOG DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MYFILMBLOG MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.