Terms of Use of www.thirdreel.com
1. BINDING EFFECT
By using the Internet site located at www.thirdreel.com (the “Site”) or any services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by Third Reel, Inc. (“Third Reel”) from time to time in its sole discretion. Third Reel will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site.
2. AGE REQUIREMENTS
The Site is intended for individuals of legal age. If you are under the age of eighteen (18) years (or 21 if that is the age of majority in your State, Country or territory), then you must review the Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understand and accept all of the Terms of Use. By accessing the Site, you represent that you are of legal age to form a binding contract (or if you are not, that you have obtained the informed consent of your parent or legal guardian to your assent to the Terms of Use).
3. PRIVACY POLICY
Third Reel respects your privacy and permits you to control the treatment of your personal information. A complete statement of Third Reel’s current privacy policy can be found by clicking here. Third Reel’s privacy policy is expressly incorporated into this Agreement by this reference.
4. USER CONTENT
You grant Third Reel a license to use the materials you post to the Site or otherwise provide to Third Reel in any manner. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or providing content to Third Reel, you are granting Third Reel, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Site, as well as the sites of Third Reel affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Third Reel may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or delivering the same to Third Reel, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
5. PROHIBITED CONTENT
You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Third Reel reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. Third Reel intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted by you. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
7. COPYRIGHT INFRINGEMENT
Third Reel has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Third Reel has adopted a policy that provides for the immediate suspension and/or termination of any content or user who is found to have infringed on the rights of Third Reel or of a third party, or otherwise violated any intellectual property laws or regulations. Third Reel’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Third Reel to delete, edit, or disable the material in question, you must provide Third Reel with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Third Reel to locate the material; (d) information reasonably sufficient to permit Third Reel to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to Third Reel’s designated agent at:
info@thirdreel.com
8. ALLEGED VIOLATIONS
Third Reel reserves the right to terminate your use of the Site. You agree that Third Reel or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Third Reel does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Third Reel reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Third Reel believes that you have violated any of the Terms of Use, furnished Third Reel with false or misleading information, or interfered with use of the Site by others.
9. NO WARRANTIES
THIRD REEL IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIRD REEL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THIRDREEL DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITATIONS ON DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THIRDREEL BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THIRDREEL. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
11. INDEMNITY
You agree to indemnify, defend, and hold harmless Third Reel, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Third Reel will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
12. FOREIGN ACCESS
The Site is controlled and operated by Third Reel from its offices in the State of New York. Third Reel makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Third Reel’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than New York.
13. MODIFICATIONS
Third Reel may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time. Third Reel shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
14. COMMUNICATION
All communications with Third Reel should be e-mailed to: info@thirdreel.com
15. AFFILIATED SITES
Third Reel works with a number of partners and affiliates whose Internet sites may be linked with the Site. Since neither Third Reel nor the Site has control over the content and performance of these partner and affiliate sites, Third Reel makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Third Reel assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Third Reel makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
16. NO LICENSE
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Third Reel or by any third party.
17. CHOICE OF LAW
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of New York, without reference to their rules regarding conflicts of law.
18. CONSENT TO JURISDICTION AND FORUM SELECTION
You agree that all actions or proceedings arising in connection with these Terms of Use shall be tried and litigated exclusively in the New York Supreme Court. The aforementioned choice of venue is intended by you and Third Reel to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between you and Third Reel with respect to or arising out of these Terms of Use in any jurisdiction other than that specified in this paragraph. You hereby waive any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the New York Supreme Court shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to these Terms of Use. You further agree that any final judgment rendered against you in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
19. ATTORNEYS’ FEES AND COSTS
In the event of litigation relating to the subject matter of these Terms of Use, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.
20. NOTICE
In the event that we are required by state or federal law to notify you of certain events, you hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us in writing at: info@thirdreel.com
21. WAIVER
No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
22. ENTIRE AGREEMENT
These Terms of Use, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and Thirdreel, govern your use of the Site and Content, superseding any prior agreements that you may have with Thirdreel, Inc.
23. SEVERABILITY
If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.
24. COPYRIGHT
All contents of the Site are: Copyright © 2010 Third Reel, Inc., New York. All rights reserved.
25. ACKNOWLEDGMENT
BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.