Terms of use:
IndianMovieClub.com supports freedom of speech, both on and off
the Internet. However, the goal of this web site is to provide access to the
widest selection of , DVDs and more to the largest group of people possible. To
insure a safe, non offensive environment for all of our users, we have
established our Terms of Use. It spells out what you can expect from us and what
we expect from you. By accessing any areas of IndianMovieClub.com, users
("Users") agree to be legally bound and to abide by the terms set forth below.
IndianMovieClub.com is owned and operated by LittleMore.com, Inc. Any
references herein to IndianMovieClub.com shall be deemed to refer to
IndianMovieClub.com and/or IndianMovieClub.com, Inc., as applicable under the
circumstances.
I.
TRADEMARKS
IndianMovieClub.comsm,
IndianMovieClub.com.com sm are all service marks of
IndianMovieClub.com, Inc. or its affiliates. All rights reserved. These and
other IndianMovieClub.com graphics, logos and service marks and trademarks of
IndianMovieClub.com and its affiliates may not be used without prior written
consent of IndianMovieClub.com, Inc. or its affiliates, as the case may be. All
other trademarks, product names, and company names and logos appearing on
IndianMovieClub.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF
LIABILITY
User expressly agrees that use of
IndianMovieClub.com is at User's sole risk. Neither IndianMovieClub.com, nor its
affiliates, nor any of their officers, directors, or employees, agents,
third-party content providers, merchants, sponsors, licensors (collectively,
"Providers"), or the like, warrant that IndianMovieClub.com will be
uninterrupted or error-free; nor do they make any warranty as to the results
that may be obtained from the use of IndianMovieClub.com, or as to the accuracy,
reliability, or currency of any information content, service, or merchandise
provided through IndianMovieClub.com.
THIS SITE IS PROVIDED BY IndianMovieClub.COM ON AN "AS IS"AND
"AS AVAILABLE" BASIS. IndianMovieClub.COM MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE
INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, IndianMovieClub.COM DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IndianMovieClub.COM
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND
CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY
IndianMovieClub.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL
USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall IndianMovieClub.com or any other
party involved in creating, producing, or distributing IndianMovieClub.com be
liable for any direct, indirect, incidental, special, or consequential damages
that result from the use of or inability to use IndianMovieClub.com, including
but not limited to reliance by a User on any information obtained from
IndianMovieClub.com or that result from mistakes, omissions, interruptions,
deletion of files or email, errors, defects, viruses, delays in operation or
transmission, or any failure of performance, whether or not resulting from acts
of God, communications failure, theft, destruction, or unauthorized access to
IndianMovieClub.com's records, programs, or services. User hereby acknowledges
that this paragraph shall apply to all content, merchandise, and services
available through IndianMovieClub.com. Because some states do not allow the
exclusion or limitation of liability for consequential or incidental damages, in
such states liability is limited to the fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY
RIGHTS
User acknowledges that IndianMovieClub.com contains
information, data, software, photographs, graphs, videos, typefaces, graphics,
music, sounds, and other material (collectively "Content") that are protected by
copyrights, trademarks, trade secrets, or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a
collective work under the U.S. copyright laws, and IndianMovieClub.com owns a
copyright in the selection, coordination, arrangement, and enhancement of such
Content. User may not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create derivative works from,
or in any way exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, Users may make copies of select portions of the
Content, provided that the copies are made only for User's personal use and that
User maintains any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices. Except as
provided in the preceding sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see,e.g., 17 U.S.C. Section 107), User may not
upload, post, reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining permission of the owner
of the copyright or other propriety right. In addition to the foregoing, use of
any software Content shall be governed by the software license agreement
accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY
CONTENT
Except as set forth in Section III a. above, User may
upload to or otherwise distribute on IndianMovieClub.com only Content that is
not subject to any copyright or other proprietary rights protection
(collectively, "Public Content"), or Content in which the author has given
express authorization for distribution on the World Wide Web. Any copyrighted or
other proprietary Content distributed with the consent of a copyright owner
should contain a phrase such as "Copyright, owned by [name of owner]; used by
permission." The unauthorized submission or distribution of copyrighted or other
proprietary Content is illegal and could subject the User to criminal
prosecution as well as personal liability for damages in a civil suit. User will
be liable for any damage resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising from such submission. Neither
IndianMovieClub.com, nor its affiliates, nor any of their officers, directors,
employees, agents, Providers, or the like, will be liable for any damage
resulting from any infringement of copyrights or proprietary rights, or from any
other harm arising from such User submission. In compliance with the Digital
Millennium Copyright Act, Users and other persons can report an infringement
corrections@IndianMovieClub.com to IndianMovieClub.com. By submitting Content to
any User-submit areas, including, without limitation, any User book reviews or
participation in any author chats, User automatically grants, or warrants that
the owner of such Content has expressly granted IndianMovieClub.com the
royalty-free, perpetual, irrevocable, nonexclusive right and license to use,
reproduce, publish, translate, sublicense, copy, and distribute the Content in
whole or in part worldwide and/or to incorporate it in other works in any form,
media, or technology now known or hereafter developed for the full term of any
copyright that may exist in such Content. User also permits any other User to
access, store, or reproduce the Content for that User's personal use. Subject to
this grant, the owner of Content placed on IndianMovieClub.com retains any and
all rights which may exist in such Content.
c. THIRD-PARTY
CONTENT
IndianMovieClub.com is a distributor and not a
producer of Content supplied by third parties and Users. IndianMovieClub.com has
no control over such Content. Any opinions, advice, statements, services,
offers, or other information that constitutes part of Content expressed or made
available by third parties, including Providers or any other User of
IndianMovieClub.com, are those of the respective distributors and not of
IndianMovieClub.com or its affiliates or any of their officers, directors,
employees, or agents. Neither IndianMovieClub.com nor its affiliates, nor any of
their officers, directors, employees, or agents, nor any third party, including
any Provider, or any other User of IndianMovieClub.com, guarantees the accuracy,
completeness, or usefulness of any Content, nor its merchantability or fitness
for any particular purpose. In many instances, the Content available through
IndianMovieClub.com represents the opinions and judgments of the respective
Provider, or User not under contract with IndianMovieClub.com.
IndianMovieClub.com neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice, or statement made on IndianMovieClub.com by
anyone other than authorized IndianMovieClub.com employees. Under no
circumstances shall IndianMovieClub.com, or its affiliates, or any of their
officers, directors, employees, or agents be liable for any loss, damage or harm
caused by a User's reliance on information obtained through IndianMovieClub.com.
It is the responsibility of User to evaluate the information, opinion, advice,
or other Content available through IndianMovieClub.com.
d. EXPORT
The U.S. export control laws
regulate the export and re export of technology originating in the United
States. This includes the electronic transmission of information and software to
foreign countries and to certain foreign nationals. User agrees to abide by
these laws and their regulations -- including but not limited to the Export
Administration Act and the Arms Export Control Act and not to transfer, by
electronic transmission or otherwise, any Content derived from
IndianMovieClub.com to either a foreign national or a foreign destination in
violation of such laws.
IV. ONLINE CONDUCT
User agrees to use
IndianMovieClub.com only for lawful purposes. User is prohibited from posting on
or transmitting through IndianMovieClub.com any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane,
hateful, racially, ethnically, or otherwise objectionable material of any kind,
including but not limited to any material that encourages conduct that would
constitute a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or international law.
If IndianMovieClub.com is notified of allegedly infringing,
defamatory, damaging, illegal, or offensive Content provided by User (e.g.,
through an author chat or online review), IndianMovieClub.com may investigate
the allegation and determine in its sole discretion whether to remove or request
the removal of such Content from IndianMovieClub.com. IndianMovieClub.com may
disclose any Content or electronic communication of any kind (i) to satisfy any
law, regulation, or government request; (ii) if such disclosure is necessary or
appropriate to operate IndianMovieClub.com; or (iii) to protect the rights or
property of IndianMovieClub.com, its Users or Providers.
IndianMovieClub.com reserves the right to prohibit conduct,
communication, or Content that it deems in its sole discretion to be harmful to
individual Users, IndianMovieClub.com, the communities that make up
IndianMovieClub.com, or any rights of IndianMovieClub.com or any third party, or
to violate any applicable law. Notwithstanding the foregoing, neither
IndianMovieClub.com nor its Providers can ensure prompt removal of questionable
Content after online posting. Accordingly, neither IndianMovieClub.com, nor its
affiliates, nor any of their officers, directors, employees, or agents, nor
Providers shall assume liability for any action or inaction with respect to
conduct, communication, or Content on IndianMovieClub.com.
V. PRIVACY POLICY
In accordance with the
terms of IndianMovieClub.com's Privacy Policy, privacy ,
IndianMovieClub.com respects the privacy of its Users.
VI. TERMINATION OF
USAGE
IndianMovieClub.com may terminate User's access, or
suspend any User's access to all or part of IndianMovieClub.com, without notice,
for any conduct that IndianMovieClub.com, in its sole discretion, believes is in
violation of any applicable law or is harmful to the interests of another User,
a third-party Provider, a service provider, or IndianMovieClub.com.
VII. USAGE BY CHILDREN UNDER
13
IndianMovieClub.com cannot prohibit minors from visiting
this site. IndianMovieClub.com must rely on parents, guardians and those
responsible for supervising children under 13 to decide which materials are
appropriate for such children to view and/or purchase (whether in our Kids!
department or our other departments).
IndianMovieClub.com requires that all purchases be made either
(i) by individuals 13 years of age or older, or (ii) by minors under 13 through
a IndianMovieClub.com authorized affiliated program which permits parents and
other guardians to both pay for the purchases of minors, and give verifiable
permission for such minors to purchase items on our site and for the collection
by us of certain information in accordance with the terms of our privacy policy.
EACH TIME YOU PURCHASE A PRODUCT AT IndianMovieClub.COM, YOU ARE REPRESENTING TO
IndianMovieClub.COM THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR
OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A IndianMovieClub.COM
AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH
PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS
TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN
INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
VIII. APPLICABLE LAW
This site is created
and controlled by IndianMovieClub.com in the State of New York. As such, the
laws of the State of New York will govern these disclaimers, terms and
conditions, without giving effect to any principles of conflicts of laws.
IndianMovieClub.com reserves the right to make changes to its site and these
disclaimers, terms and conditions at any time. User hereby irrevocably and
unconditionally consents to submit to the exclusive jurisdiction of the courts
of the State of New York and of the United States of America located in the
State of New York for any litigation arising out of or relating to use of or
purchase made through IndianMovieClub.com (and agrees not to commence any
litigation relating thereto except in such courts), waives any objection to the
laying of venue of any such litigation in the New York Courts and agrees not to
plead or claim in any New York Court that such litigation brought therein has
been brought in an inconvenient forum.
IX. SEVERABILITY
The provisions of these
Terms of Use are intended to be severable. If for any reason any provision of
these Terms of Use shall be held invalid or unenforceable in whole or in part in
any jurisdiction, such provision shall, as to such jurisdiction, be ineffective
to the extent of such invalidity or unenforceability without in any manner
affecting the validity or enforceability thereof in any other jurisdiction or
the remaining provisions hereof in any jurisdiction. ACKNOWLEDGMENT The Terms of
Use, including all documents referenced herein, represents the entire
understanding between you and IndianMovieClub.com regarding your relationship
with IndianMovieClub.com and supersedes any prior statements or representations.
YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the IndianMovieClub.com web
site. The aforementioned Terms of Use are subject to change.