MovieHatch.com (the “Site”) is owned by Temme III LLC (“MovieHatch”). This is an agreement between you and MovieHatch. Please read it carefully as it is binding on you.
Acceptance of Terms
MovieHatch is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of these Terms. We may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Service only if you either are 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 to abide by, comply and be bound to this Agreement.
Third Party Sites. You understand that all material transmitted through, or linked from the Service are the sole responsibility of the person from whom such material originated. Furthermore, the MovieHatch site and material available through the Service may contain links to other websites, which are completely independent of MovieHatch. Those links do not imply any endorsement by MovieHatch and MovieHatch makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such websites. Your linking to any other websites is at your own risk. You agree that MovieHatch shall not be responsible for any loss or damage of any sort relating to your dealings with third party sites.
Our Proprietary Rights . You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. We retain full copyright ownership, rights and protection in all material contained on the site (including all software, HTML code and other code). None of the material contained in the site may be reverse-engineered, disassembled, decompiled, transcribed, resold or redistributed without our specific prior written consent in each instance. The use of material, including, without limitation, logos, text, graphics and other copyrightable materials on the Site are limited to one copy for personal, non-commercial viewing and use only. Some material are copyrighted by third parties and users may not modify, copy, distribute, transmit, display or otherwise provide any content without the prior written consent of MovieHatch. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Site shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media nor stored in a computer except for personal and non-commercial use. With the exception of content posted by registered users of the Site, all content of the Site is owned by MovieHatch. All rights are reserved.
Trademarks . MovieHatch and our logo are trademarks of ours and are protected by state and federal laws. Other logos, and trademarks and service marks depicted on the Site are the property of their respective owners. Your unauthorized use of trademarks appearing on the Site may constitute a violation of law, which could subject you to substantial civil penalties.
Widgets. MovieHatch may give you the opportunity to post a "widget," or code that creates an MovieHatch graphic and a link to the Site, on your personal blog, social network profile, or other locations on the Internet. You agree that your use of MovieHatch widgets is subject to these Terms, that you will not post any MovieHatch widget on a web page containing content that is prohibited under the "User Content" section of these Terms, and that you will remove all MovieHatch widgets immediately upon termination of this Agreement or upon our request.
User Profile. You do not have to register in order to visit MovieHatch. To access certain features of our Service, including posting, commenting on, following, or contributing to a Project, you will need to register and create a User Profile. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. By creating a profile that information is visible to other registered users of the Site. Be aware that if you create a profile or actively comment, blog, or post content or participate in chat rooms or similar community forums accessible on the Site, then any personal information you provide will be accessible to all registered users. You should also be aware that any information that is made public on the Site may be searchable by other search engines. In addition, even if that content is later removed from this Site, it may still be stored in other computers of people who visited the Site, and removal of that information from this Site will not remove it from those other computers. Therefore, exercise caution when posting personal information to the Site.
You may never use another User'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 us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of MovieHatch or others due to such unauthorized use.
User Submissions. Most of the content on MovieHatch is submitted by our registered users “User Content”. We encourage you to take advantage of the many opportunities to interact with MovieHatch registered users by posting and reading User Content and participating in online forums. You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any User Content, nor do we endorse such User Content. We do not verify the identity of people using our Site. You are solely responsible for your interactions with other MovieHatch users. We reserve the right but do not have any obligation to monitor disputes between you and other users. You use the Site and the User Content at your own risk.
Posted User Conduct . All content that you post to MovieHatch, including films, videos, photos, blogs and other content that you upload (your "User Content"), must comply with these Terms and the Unacceptable Materials requirements. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You must be the owner of all Intellectual Property Rights in your User Content or have explicit permission from the owner(s) of such rights to Post the User Content and grant the licenses granted herein. You are responsible for obtaining all necessary rights to upload, post and distribute Your User Content, including obtaining permission from any person who assisted you in the creation of your User Content or any person shown in a photo or video that you upload or identified in any writing that you post. Intellectual Property Rights include patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereinafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright, the Writer's Guild of America or any other rights organization.
Unacceptable Materials requirements. You represent, warrant and agree that you will not upload, email, store, process, post, distribute, transmit, or otherwise publish through the Site any User Content which:
uses or possesses programs to “crack” passwords or other Internet security tools.
We may, at our sole discretion, immediately terminate your access to the Site should your conduct fail to conform with these Terms.
License to User Content. By submitting your User Content to the Site, and/or submitting to MovieHatch, you grant to MovieHatch, and its successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, stream, transmit, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information contained within the content, without your prior approval or the payment of any compensation and without notice. You agree to pay all royalties and other amounts owed to any person or entity due to your submission of your User Content or our hosting of the User Content as contemplated by these Terms. You also grant each user of the Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these Terms. For clarity, the foregoing grant to MovieHatch does not affect your other ownership or license rights in you User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing.
Project Related User Content. All User Content posted about another user's Project ("Project Feedback") shall be the sole and exclusive property of the registered user who posted that Project ("Project Owner"). By posting Project Feedback you automatically assign to the Content Project Owner all your right, title and interest throughout the world in and to any and all Project Feedback you post to that Project Owner's Project. You hereby waive and irrevocably quitclaim to the Project Owner and MovieHatch any and all claims, of any nature whatsoever, that you now have or may hereafter have for infringement of any and all Project Feedback you post to that Project Owner's Project. Nevertheless, MovieHatch cannot control the actions of its registered users and if you post a Project, you acknowledge and agree that MovieHatch cannot take responsibility for your use of Project Feedback and your use Project Feedback is at your own risk.
User Responsibility/ Indemnification : You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold MovieHatch, and its subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that any of them may incur in connection with a third party claim, or otherwise, arising out of or in connection with your User Content, including without limitations, an materials you submit, post or otherwise make available through the Service, your use of Project Feedback, or your use of the Service or Site, your violation of the Terms, your breach of any of the representations and warranties contained herein, or your violation of any rights of another person or entity. We have the right to view and monitor any content posted to this Site and we reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if we believe that the content violates these Terms, removal is necessary to protect the rights, property or personal safety of MovieHatch, its users and the public, if required to do so by law, or if we believe in our sole discretion that doing so will improve our Site and the experience of our users. In addition, we may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in our sole determination, you violate the Terms or other rules or policies posted on the Site, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service. Upon termination for any reason, you continue to be bound by these Terms.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE.
MovieHatch has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. We reserve the right to remove any User Content on the Site which allegedly infringes another person's copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service. If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows:
Att: Legal Department
P.O. Box 237108
New York, NY 10023
Disclaimer of Warranties
YOU AGREE THAT USE OF THE MOVIEHATCH SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE MOVIEHATCH SITE,THE SERVICE AND ANY THIRD PARTY CONTENT POSTED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE) OR SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT MOVIEHATCH MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT MOVIEHATCH DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. MOVIEHATCH (I) DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY TIMELINESS, ACCURACY AND PERFORMANCE OF THE MOVIEHATCH SITE AND THE SERVICE. (II) DISCLAIMS ANY WARRANTIES FOR OTHER SERVICE OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MOVIEHATCH SITE OR THE SERVICE OR ACCESSED THROUGH ANY LINKS ON THE MOVIEHATCH SITE, AND (III) DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH MOVIEHATCH OR THE SERVICE. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. TO THE FULLEST EXTENT PERMITTED BY LAW, MOVIEHATCH DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH USERS OF THE SITE, ANY USER CONTENT POSTED ON OR ACCESSIBLE ON OR FROM THE SITE AND ANY LINKED SITES OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS, SERVICES OR CONTENT CONTAINED ON THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL MOVIEHATCH, ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, OR SUPPLIERS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MOVIEHATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MOVIEHATCH SITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MOVIEHATCH SITE OR THE SERVICE, FROM THE INABILITY TO USE THE MOVIEHATCH SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MOVIEHATCH SITE OR THE SERVICE.SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE MOVIEHATCH SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE MOVIEHATCH SITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, THE AGGREGATE LIABILITY OF MOVIEHATCH AND ANY OTHER PARTY INVOLVED IN CREATING, ADMINISTRATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID BY THE COMPLAINANT TO MOVIEHATCH OR $50. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and MovieHatch (‘Dispute”) shall lie in the state or federal courts located in Travis County, Texas. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated.
You agree that we may terminate, modify, discontinue or abandon the Site with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this agreement is terminated for any reason, the provisions titled Proprietary Rights, Posting of User Requirements, Grant of Rights, User Responsibility, Disclaimer of Warranties, Limitations of Liability, Indemnity and General Information shall survive any such termination.
Modification of Terms
We may change the Terms from time to time by updating this posting and changing the Effective Date referenced below. Please visit the Terms area each time you visit the Site to keep up to date with the current terms regarding your use of the Site. Your continued use of the Site constitutes an affirmative acknowledgment by you of the Terms modifications and your agreement to abide and be bound by the Terms as modified.
Effective Date: February 20, 2012
Copyright 2012 Temme III LLC