TERMS AND CONDITIONS OF USE
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the enjoymymovie.com domain name, the "enjoymymovie.com Website", or "Website"), you explicitly agree to the terms and conditions of use set forth below. If you do not agree to any of these terms you should not use the enjoymymovie.com website.
B. Although we may attempt to notify you when major changes are made to these Terms and Conditions of Use, you should periodically review the most up-to-date version which are posted on enjoymymovie.com at the Terms and Conditions of Use section. enjoymymovie.com may, in its sole discretion, modify or revise these Terms and Conditions of Use at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. enjoymymovie.com Website
A. These Terms and Conditions of Use apply to all users of the enjoymymovie.com Website, including users who are also contributors of video content, information, and other materials or services on the Website.
B. The enjoymymovie.com Website may contain links to third party websites that are not owned or controlled by enjoymymovie.com. enjoymymovie.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, enjoymymovie.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve enjoymymovie.com from any and all liability arising from your use of any third-party website.
3. General Use of the Website—Permissions and Restrictions
Enjoymymovie.com hereby grants you permission to access and use the Website as set forth in these Terms and Conditions of Use, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without enjoymymovie.com's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to enjoymymovie.com's embeddable player or any of its related technologies.
C. You agree not to access User Submissions (defined below) or enjoymymovie.com content through any technology or means other than the video playback pages of the Website itself, the enjoymymovie.com embeddable player, or other explicitly authorized means enjoymymovie.com may designate.
D. You agree not to use the Website, including the enjoymymovie.com embeddable player for any commercial use, without the prior written authorization of enjoymymovie.com. Prohibited commercial uses include any of the following actions taken without enjoymymovie.com's express approval:
sale of access to the Website or its related services (such as the embeddable player) on another website;
use of the Website or its related services (such as the embeddable player), for the primary purpose of gaining advertising or subscription revenue;
and any use of the Website or its related services (such as the embeddable player) that enjoymymovie.com finds, in its sole discretion, to use enjoymymovie.com's resources with the effect of competing with or displacing the market for enjoymymovie.com or enjoymymovie.com content
E. Prohibited commercial uses do not include:
uploading an original video to enjoymymovie.com, or maintaining an original channel on enjoymymovie.com, to promote your business or artistic enterprise;
using the embeddable player to show enjoymymovie.com videos on an ad-enabled blog or website, provided the primary purpose of using the embeddable player is not to gain advertising revenue or compete with enjoymymovie.com;
any use that enjoymymovie.com expressly authorizes in writing.
F. If you use the enjoymymovie.com embeddable player on your website, you must include a prominent link back to the enjoymymovie.com website on the pages containing the embeddable player and you may not modify, build upon, or block any portion of the embeddable player in any way.
G. If you use the enjoymymovie.com uploader, you agree that it may automatically download and install updates from time to time from enjoymymovie.com. These updates are designed to improve, enhance and further develop the uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit enjoymymovie.com to deliver these to you) as part of your use of the uploader.
H. In your use of the website, you will otherwise comply with the Terms and Conditions of Use, and all applicable local, national, and international laws and regulations.
I. enjoymymovie.com reserves the right to discontinue any aspect of the enjoymymovie.com Website at any time.
4. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the enjoymymovie.com Website.
A. The content on the enjoymymovie.com Website, except all user submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to enjoymymovie.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of enjoymymovie.com or the respective owners. enjoymymovie.com reserves all rights not expressly granted in and to the Website and the Content.
B. You may access user submissions for your information and personal use solely as intended through the provided functionality of the enjoymymovie.com Website. You shall not copy or download any user submission unless you see a “download” or similar link displayed by enjoymymovie.com on the enjoymymovie.com Website for that user submission or you have been given express authority to do so by enjoymymovie.com.
C. You may access enjoymymovie.com content, user submissions and other content only as permitted under the Terms and Conditions of Use set forth herein or as otherwise expressly agreed to and authorized by enjoymymovie.com. enjoymymovie.com reserves all rights not expressly granted in and to the enjoymymovie.com content and the enjoymymovie.com Website.
D. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein or expressly agreed to and authorized by enjoymymovie.com, including any use, copying, or distribution of user submissions of third parties obtained through the Website for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the enjoymymovie.com Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the enjoymymovie.com Website or the content therein.
F. You understand that when using the enjoymymovie.com Website, you will be exposed to user submissions from a variety of sources, and that enjoymymovie.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand and acknowledge that you may be exposed to user 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 enjoymymovie.com with respect thereto, and agree to indemnify and hold enjoymymovie.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.
5. Your User Submissions and Conduct
A. After agreeing to the Terms and Conditions of Use you may submit video content (“User Submissions”). You understand that whether or not such User Submissions are published, enjoymymovie.com does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize enjoymymovie.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website, the Terms and Conditions of Use set forth herein, or in any manner expressly agreed to and authorized by enjoymymovie.com.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to enjoymymovie.com, you hereby grant enjoymymovie.com a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display, the User Submissions in connection with the enjoymymovie.com Website, and enjoymymovie.com's (and its successors' and affiliates') business purposes, including without limitation for promoting and redistributing part or all of the enjoymymovie.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of enjoymymovie.com Website and any other media channel expressly agreed to and authorized by enjoymymovie.com, a non-exclusive license to access your User Submissions, and to use, reproduce, distribute, and display User Submissions as permitted through the functionality of the Website and any other means expressly agreed to and authorized by enjoymymovie.com. The above licenses granted by you to your User Submissions terminate within a commercially reasonable time after you remove or delete your User Submissions from the enjoymymovie.com Website or you advise in writing via email of your desire to have your User Submission removed from the enjoymymovie.com Website or cease its use as expressly agreed to and authorized by enjoymymovie.com in accordance with the Terms and Conditions of Use herein. The above licenses granted by you in are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant enjoymymovie.com all of the license rights granted herein.
E. enjoymymovie.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and enjoymymovie.com expressly disclaims any and all liability in connection with User Submissions. enjoymymovie.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and enjoymymovie.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. enjoymymovie.com reserves the right to remove Content and User Submissions without prior notice.
6. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User 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):
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 at a single online site are covered by a single notification, a representative list of such works at that site;
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;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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.
Enjoymymovie.com's designated Copyright Agent to receive notifications of claimed infringement is: Colin P. Hackettt, Esq. ,email: Colin@enjoymymovie.com, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Paul @enjoymymovie.com.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
•Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, enjoymymovie.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at enjoymymovie.com's sole discretion.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ENJOYMYMOVIE.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ENJOYMYMOVIE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ENJOYMYMOVIE.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 ASSUMES 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 OMISSIONS IN 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 ENJOYMYMOVIE.COM WEBSITE. ENJOYMYMOVIE.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ENJOYMYMOVIE.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ENJOYMYMOVIE.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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL ENJOYMYMOVIE.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 (I) ANY USER SUBMISSION SUBMITTED BY YOU TO THE WEBSITE FOR USE THEREIN OR USE BY ENJOYMYMOVIE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF USE OF THE ENJOYMYMOVIE.COM WEBSITE, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (IVI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ENJOYMYMOVIE.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ENJOYMYMOVIE.COM SHALL NOT BE LIABLE FOR USER 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. YOU SPECIFICALLY ACKNOWLEDGE THAT YOU WILL NOT SEEK ANY DAMAGES FROM ENJOYMYMOVIE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, IN CONNECTION WITH OR RELATED TO ANY USER SUBMISSION.
The Website is controlled and offered by enjoymymovie.com from its facilities in the United States of America. enjoymymovie.com makes no representations that the enjoymymovie.com Website is appropriate or available for use in other locations. Those who access or use the enjoymymovie.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless enjoymymovie.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the enjoymymovie.com Website; (ii) your violation of any term of these Terms and Conditions of Use (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the enjoymymovie.com Website.
10. Ability to Accept Terms of Service
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 and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use. In any case, you affirm that you are over the age of 13, as the enjoymymovie.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the enjoymymovie.com Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
11. Assignment
These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by enjoymymovie.com without restriction to any person or entity at the sole discretion of enjoymovie.com
12. General
You agree that: (i) the enjoymymovie.com Website shall be deemed solely based in New Jersey; and (ii) the enjoymymovie.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over enjoymymovie.com, either specific or general, in jurisdictions other than New Jersey. These Terms and Conditions of Use shall be governed by the internal substantive laws of the State of New Jersey , without respect to its conflict of laws principles. Any claim or dispute between you and enjoymymovie.com that arises in whole or in part from your use of the enjoymymovie.com Website shall be decided exclusively by a court of competent jurisdiction located in Essex County, New Jersey. These Terms and Conditions of Use, together with the Privacy Notice and any other legal notices published by enjoymymovie.com on the Website, shall constitute the entire agreement between you and enjoymymovie.com concerning the enjoymymovie.com Website and your use of the Website. If any provision of these Terms and Conditions of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and enjoymymovie.com's failure to assert any right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision. enjoymymovie.com reserves the right to amend these Terms and Conditions of Use at any time and without notice, and it is your responsibility to review these Terms and Conditions of Use for any changes. Your use of the enjoymymovie.com Website following any amendment of these Terms and Conditions of Use will signify your assent to and acceptance of its revised terms. YOU AND ENJOYMYMOVIE.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ENJOYMYMOVIE.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.