Welcome to FilmBuff, a website dedicated to the digital distribution of video content. The FilmBuff website is operated by Cinetic Rights Management LLC and its corporate affiliates (collectively, “Us”, “We” or “the Company”). By accessing or using Our web site at www.cineticfilmbuff.com (together the “Site”), You (the “User”) signify that You have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether You are a “Visitor” (which means that You simply browse the site without registering) or You are a “Member” (which means that You have registered for the site and have an authorized login).  The term “User” refers to a Visitor or a Member. You agree that You will be permitted to use the Site only if You agree to abide by all applicable laws and the terms of these Terms of Use.

Please note that We reserve the right, at Our sole discretion, to change, modify, add to or delete sections from these Terms of Use at any time without notice, and that You are responsible for periodically checking the Site for Terms of Use updates. Your continued use of the Site after any such change will constitute Your acceptance of the updated Terms of Use.

All content on the Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to Your own User Content (as defined below) that You legally post on the Site.

Provided that You are eligible to use the Site, You are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which You have properly gained access solely for Your personal, non-commercial use, provided that You keep all copyright or other proprietary notices intact. Any use of the Site or the Site Content other than as specifically authorized herein, without Our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Except for Your own User Content, You may not either directly or through the use of any device, software, internet site, web-based service or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Site Content. For clarity, You are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Site Content, including without limitation montages, mash-ups and similar videos, wallpaper, desktop themes, and merchandise.

User Registration & Account Security

To register for the Site, You must provide accurate, current and complete information about You as may be prompted by any registration forms on the Site. You must maintain and promptly update the all registration information, and any other information You provide to Company, to keep it accurate, current and complete. We will not be responsible for any communications that do not reach You because of Your failure to update information in a timely manner. Additionally, You should at all times maintain the security of Your password and identification, as You will be solely responsible for all use of Your account and for any actions that take place using Your account.

Access and Use of the Site

To register for the Site, You must provide accurate, current and complete information about You as may be prompted by any registration forms on the Site. You must maintain and promptly update the all registration information, and any other information You provide to Company, to keep it accurate, current and complete. We will not be responsible for any communications that do not reach You because of Your failure to update information in a timely manner. Additionally, You should at all times maintain the security of Your password and identification, as You will be solely responsible for all use of Your account and for any actions that take place using Your account.

  1. You must be at least 13 years of age to visit the Site.
  2. You represent, warrant and agree that no materials of any kind submitted through Your account or otherwise posted, transmitted, or shared by You on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
  3. You are solely responsible for Your conduct and any data, text, information, screen names, graphics, photos, audio and video clips, and profiles that You submit, post, and display on the Site.
  4. You must not transmit any worms or viruses or any code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  5. You must not collect personally identifiable information in violation of Our Privacy Policy.
  6. You must not upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
  7. You must not upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
  8. You must not use the Site to advertise or promote any competing site or service.
  9. You must not encourage or otherwise engage in conduct that would constitute a criminal offense or give rise to civil liability under any laws of Your jurisdiction.
  10. You must not upload, post, transmit, share, store or otherwise make available any content that We deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
  11. You must not upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

If We determine that You are violating any of these Terms, We may (i) notify You, and (ii) use technical measures to block or restrict Your access or use of the Site. In either case, You agree to immediately cease accessing or using in any way (or attempting to access or use) the Site and the Site Content, and You agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

User Content Posted on the Site

You are solely responsible for the text, videos, photos, sounds, musical works, works of authorship, profiles (including Your name, image, and likeness), messages, notes, and other content (collectively the “User Content”) that You upload, publish or display (hereinafter, “post”) on the Site, or transmit to or share with other users. Note that You must not post, transmit, or share User Content on the Site that You did not create or that You do not have permission to post. You also represent and warrant that the posting of Your User Content does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your posting User Content.

We do not claim any ownership rights to User Content that You post on or through the Site. After posting User Content You will continue to retain any such rights that You may have in such User Content, however, by posting User Content to any part of the Site, You automatically grant, and You represent and warrant that You have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. By posting Your User Content You also hereby grant each user of the Site a non-exclusive, limited license to access Your User Content, and to use, display, reproduce, distribute, and perform such User Content as permitted through the functionality of the Site and under these Terms of Use.

You understand and agree that the We reserve the right – but have no obligation – to monitor and review the Site, and delete or remove (without notice) any Site Content or User Content, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.

Linked Websites and Advertising

The Site may include advertisements for products or services offered by other companies, and We may receive payment from these advertisers. Although We believe You may find that information offered by advertisers is helpful, We do not endorse or guaranty any product or service offered by advertisers. We expressly disclaim and all liability for any loss or claim that You may have against an advertiser.

If We provide links or pointers to other websites, You should not infer or assume that We operate, control, or otherwise are connected with these websites. When You begin using another site, You should not rely on these Terms of Use to govern Your use of that site. We are not responsible for the content or practices of any other website.

Copyright Protection

We will review and take seriously all claims of copyright infringement received, and remove content deemed to have been posted or distributed in violation of applicable copyright laws. If You believe Your work has been copied and posted on the Site in a way that constitutes copyright infringement, please send a notification of claimed infringement with all of the following information:

  1. Identification and description 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;
  2. Identification and description of the infringing material and information reasonably sufficient to permit Us to locate the material (such as a URL(s) with the location of the claimed infringing material);
  3. Your contact information, including Your address, telephone number, and email;
  4. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. You must not collect personally identifiable information in violation of Our Privacy Policy.
  6. A statement by You, made under penalty of perjury, that the above information in Your notification is accurate and that You are the copyright owner or You are authorized to act on the copyright owner’s behalf;

Claims can be sent to [email protected] or Cinetic Rights Management LLC, 555 West 25th Street, 4th Floor, New York, NY 10001. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA).

Trademarks

FilmBuff, the FilmBuff logo, and other marks, graphics, logos, scripts, and sounds of or relating to FilmBuff are trademarks of Cinetic Rights Management LLC, and shall not be copied, downloaded, or otherwise exploited by any third party without the express written consent of Cinetic Rights Management LLC.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CINETIC RIGHTS MANAGEMENT LLC DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SITE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL CINETIC RIGHTS MANAGEMENT LLC OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “SITE OWNERS”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE SITE OWNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SITE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU TO US FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CINETIC RIGHTS MANAGEMENT LLC FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SITE. CINETIC RIGHTS MANAGEMENT LLC RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Disputes

The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions.  You and Cinetic Rights Management LLC agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the Site.  EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.  FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

Other Terms

This Agreement is accepted upon Your use of the Site, and it constitutes the entire agreement between You and Us regarding Your use of the Site.  Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  The section titles in this Agreement are for convenience only and have no legal or contractual effect.  This Agreement operates to the fullest extent permissible by law.  If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.