Terms of Use
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. If you do not agree with all of the terms set forth in these Terms, please exit the Site now.
Acceptance of Terms
MovieHatch provides a collection of online resources (referred to hereafter as “the Service”), subject to the following Terms of Use (“Terms”) which may be updated by MovieHatch from time to time. Your use of this website and the Service signify your complete acceptance of these Terms. MovieHatch will provide notice of changes to the Terms by posting the new Terms on the MovieHatch site. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Site. Should you object to any term or condition of these Terms, any guidelines or any subsequent modifications thereto or become dissatisfied with MovieHatch in any way, your only recourse is to immediately discontinue use of MovieHatch.com and its Services.
Content
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 site. Your linking to any other websites is at your own risk.
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. All content of the site is owned by MovieHatch. All rights are reserved.
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 this 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.
Disclaimer of Warranties
YOU AGREE THAT USE OF THE MOVIEHATCH SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE MOVIEHATCH SITE AND THE SERVICE 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. 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 (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.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL MOVIEHATCH BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, 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 MOVIEHATCH 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 MOVIEHATCH 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, ANY LIABILITY OF MOVIEHATCH AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID TO MOVIEHATCH. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnity
You agree to indemnify and hold MovieHatch, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another person or entity.
Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of New York 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 courts located in New York County New York or the federal courts located in New York County New York. 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. Any cause of action you may have with respect to MovieHatch, the Services, the content or the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
General Information
The Terms and MovieHatch.com’s Privacy Policy constitute the entire agreement between you and MovieHatch and govern your use of the Service, superseding any prior agreements between you and MovieHatch. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement.
Privacy
This Site is governed by the terms and conditions set out in our privacy policy: http://www.moviehatch.com/jackson/privacy.
Termination
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, Disclaimer of Warranties, Limitations of Liability, Indemnity and General Information shall survive any such termination.
Effective Date: October 20, 2007