Terms and Conditions

Last Updated: 15 May 2013

Acceptance

Welcome to FilmTrackr.com. FilmTrackr.com provides services to you subject to the following notices, terms, and conditions (?Terms?). Please read these terms carefully. These terms, as modified or amended from time to time, are a binding contract between FilmTrackr.com and you. By visiting or using this website including all content and functionality available through the FilmTrackr.com domain (herein referred to as the "Site?), you agree to be bound by the following Terms of Use and to our Privacy Policy. If you do not agree to the Terms, do not use the Site. We may revise, modify or change the Terms at any time at our sole discretion. Future changes to the Terms may be made at any time by sending registered users of the Site an email or posting notice of the changes on the Site, with the changes effective 10 days after we notify you. Your continued use of the Site after we post changes to the Terms constitutes acceptance of the Terms as modified. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice.

Minimum Age Requirement

The Site is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Site only with the permission and involvement of a parent or guardian.

Privacy Policy

Please read our Privacy Policy, which is incorporated into these Terms. We reserve the right to contact you in connection with our or your compliance with these Terms (including without limitation the license rights granted hereunder) or any content or activities relating to the Site. You acknowledge that FilmTrackr.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of FilmTrackr.com, Site users, and the public.

Electronic Communications

You agree to electronic communication from the Site. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. You are responsible to keep your email address current. FilmTrackr.com shall not be responsible for any failure of notice due to an out-of-date email address.

Customer Support

You may contact FilmTrackr by sending an email to support@FilmTrackr.com. You acknowledge that the provision of customer support is at FilmTrackr.com?s sole discretion, and that we have no obligation to provide you with customer support of any kind.

Posting Content on the Site

You agree to be liable for any content posted using your account and for any activity associated with your account. By adding any content on the Site, including without limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content"), you warrant and represent that (a) you own all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to FilmTrackr.com the rights in your Content described herein and for us to exercise the rights with respect to such Content that you grant herein; (b) you are the individual pictured, depicted, and/or heard in your Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to FilmTrackr.com described herein; and (c) your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party. We are under no obligation to restrict or monitor Site Content in any way. You understand and acknowledge that FilmTrackr.com does not regularly monitor the accuracy or reliability of content and that use of the Site is at your own risk. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time.

Ownership of Rights; License Rights

You hereby grant to FilmTrackr.com a permanent, worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, adapt, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the Content, in any form, media, or technology now known or later developed. You agree that we may (but are not obligated to) display your Content, and your username or your actual name (according to the preferences you select at the time that you register) along with your Content. You acknowledge that the posting of your Content for any period of time is sufficient consideration for the license granted herein to FilmTrackr.com. User Content added to the site remains intellectual property of the user, and the user retains all ownership rights to such content. FilmTrackr.com owns all rights to the Site, its services, the technology, information, documents, files, webpages and other product developed in connection with the Site or available on the Site. Our Site is protected by U.S. and international intellectual property laws, which you agree to respect. All content on the Site, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of FilmTrackr.com or its content suppliers. All software used on the Site is the property of FilmTrackr.com or its software suppliers. This basically means that we need to be able to display the content that you enter on the site, but the content still belongs to you.

Prohibited Conduct

You agree not to post to the Site any Content or any other materials whatsoever that is or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (g) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).

You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the Site; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (d) frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by FilmTrackr.com; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or performance, or send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient.

User Accounts; Security

As a User, you must create an account to access certain features of the Site. You are responsible for making sure that your account is accurate and up-to-date, particularly if you change email providers. If you forget your password and do not have access to the email account that we have on file for you, you may not be able to gain access to your FilmTrackr.com account. You are also responsible for maintaining the confidentiality of your password and account. You are responsible for all activities that occur on your account, whether or not you authorize them. You acknowledge that we rely on your email address to keep you apprised of certain information on the Site. If we attempt to contact you and find that your email address is inoperable, your FilmTrackr.com account may be suspended. You are responsible for keeping your email address accurate and up-to-date.

You agree to manage your account in a safe and reasonable manner. You agree to notify FilmTrackr.com immediately of any unauthorized use of your password or account, or any other breach of security. You expressly agree that FilmTrackr.com will not be liable for any loss or damage arising from your failure to comply with these requirements.

We use all reasonable security measures to protect the loss, misuse and alteration of the information under our control. Although we make a good faith effort to store the non-public information collected by the Site in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing the Site.

If you live outside the United States, you understand and agree that FilmTrackr.com stores and processes your information on computers located in the United States, and by providing any data to FilmTrackr.com, you consent to the transfer of such information to the United States.

Termination or Cancellation

FilmTrackr.com reserves the right to terminate your account or your access to and use of FilmTrackr.com's services at any time, at FilmTrackr.com's sole discretion for any reason, with or without cause. If you violate these Terms, FilmTrackr.com, in its sole discretion, may also require you to remedy any violation of the Terms, and/or take any other actions that we deem appropriate to enforce our rights and pursue all available remedies. We shall not be liable to you or any other person if we terminate your account or your access to or use of the Site.

Third Party Websites

The Site may contain links to third party websites that we do not own or control, including sites that may appear within User Content. FilmTrackr.com does not review or edit the content of any third party links, and FilmTrackr.com has no control over what happens at any third party website. FilmTrackr.com assumes no responsibility for the content, policies or practices of any third party websites. You expressly agree to release FilmTrackr.com from any liability that arises from your use of a third party website.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in Illinois, USA, and shall be governed by and construed in accordance with the laws of Illinois, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of FilmTrackr.com under our Legal Terms shall survive the termination of our Legal Terms.

DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED BY FILMTRACKR.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. FILMTRACKR.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. FILMTRACKR.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILMTRACKR.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL FILMTRACKR.COM BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE. FILMTRACKR.COM CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF DATA ON ITS SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FILMTRACKR.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER FILMTRACKR.COM, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF FILMTRACKR.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.