Cinemania Networks. Terms of Use Agreement
The terms and conditions set forth herein, and the provisions of the above-referenced legal notices, are referred to hereinafter collectively as the "Terms of Use."
If you do not agree to the Terms of Use, please do not access or use any Service or Content of CINEMANIA.TV reserves the right, in its sole discretion, to update or revise the Terms of Use at any time. Therefore, please check back regularly for changes and updates. Your continued use of any Service or Content of CINEMANIA.TV following the posting of any changes or updates to the Terms of Use constitutes your acceptance of such changes and updates.
2. Ability to Accept Terms of Use. As a condition of your use of any Service or Content of CINEMANIA.TV, you represent and warrant that you (i) are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and (ii) are fully able and competent to understand, assent to, and enter into the Terms of Use, and to abide by and comply with the Terms of Use. In any case, no one under 13 years of age may use CINEMANIA.TV or any Service or Content of CINEMANIA.TV. Your registration and membership, if any, may be cancelled or terminated without warning, if we have any reason to believe that you may be under the age of 13.
3. Certain Definitions. As used herein, the term "Service" means any online service provided by or through CINEMANIA.TV, including, without limitation, internet access, email, instant messaging, webcast, wireless delivery of Content, forums, chat rooms, bulletin boards, message boards, story boards, weblogs, videoblogs (vlogs), social networking service, and shopping channels; the term "Content" means any and all information, data, material, work, text, message, communication, images, television shows, videos, audios, programs, software, and merchandise provided by CINEMANIA.TV; the term "User" means you or any other person who accesses or uses CINEMANIA.TV Services or Content, regardless of whether you or such other person has an account with CINEMANIA.TV; the term "Member" means a User who has registered with CINEMANIA.TV in order to access and use a Service that requires registration, such as the Site's social networking service and chat rooms; the term "User Posting" means any information, data, material, work, text, message, communication, image, video, audio, photograph, program, software, or merchandise posted, submitted, displayed, exhibited, uploaded, distributed, transmitted, offered, or provided by a User on or via CINEMANIA.TV or through use of any of its Services such as email, instant messaging, forums, chat rooms, bulletin boards, message boards, story boards, weblogs, videoblogs (vlogs), or social networking service; the term "Site" means CINEMANIA.TV; and the term "Cinemania.tv Related Parties" means, collectively, Univision Online, Inc. d/b/a CINEMANIA.TV, its parents, subsidiaries and affiliates, and their respective agents, representatives, employees, officers, directors, shareholders, members, owners, partners, licensors, licensees, sponsors, suppliers and contractors.
4. Right to Terminate. Any violation of the Terms of Use by a User or Member may result in civil or criminal liability, and CINEMANIA.TV may, in addition to any remedy that it may have at law or in equity, immediately terminate permission for any User or, if necessary, for all Users to use its Services or Content. CINEMANIA.TV reserves the right, but has no obligation, to terminate or remove any Content or User Posting that, in its sole judgment, violates the Terms of Use or any applicable law, or may expose or subject CINEMANIA.TV to liability of any kind, or may adversely affect the reputation or goodwill of CINEMANIA.TV. Please note that a violation of the Terms of Use by someone having only indirect access to a Service through a Member of such Service will be considered a violation by the Member, whether or not the violation is with or without with the knowledge or consent of the Member.
5. Right to Investigate. CINEMANIA.TV may investigate any suspected or alleged violation of the Terms of Use and cooperate with law enforcement authorities and/or third parties in such investigation. YOU HEREBY WAIVE AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST UNIVISION RELATED PARTIES BASED UPON ANY INVESTIGATION BY UNIVISION.COM OR LAW ENFORCEMENT AUTHORITIES, OR ANY ACTION TAKEN IN CONNECTION WITH OR AS A RESULT OF SUCH INVESTIGATION.
6. Right to Disclose. You understand and agree that CINEMANIA.TV has the right at all times to disclose the identity of a User or the source of a User Posting in connection with internal inquiries in connection with any abuse of the Service, law enforcement authorities' investigation of alleged illegal activity, or in response to a lawful court order or subpoena.
7. Prohibited Use and Reporting Abuse. CINEMANIA.TV does not permit or tolerate any illegal, abusive, harmful or improper use of its Services or Content, or any use that interferes with other Users' enjoyment of its Services or Content. If you believe that you have been a victim of any such conduct that is described below, please email to abuse@correo.univision.com. Without limiting the generality of the foregoing, CINEMANIA.TV specifically prohibits the following activities:
(a) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that is unlawful, harassing, stalking, threatening, abusive, defamatory, libelous, slanderous, scandalous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, vulgar, profane, racist, discriminating, or otherwise objectionable or offensive;
(b) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that infringes upon or violates any patent, copyright, trademark, trade secret, right of privacy or publicity, or other intellectual property or proprietary right of any person or entity, including, without limitation: (i) copying, reproducing, displaying, exhibiting, performing, transmitting, sharing or distributing any copyrighted work or material without permission or consent from the copyright owner; (ii) providing information, software, programs or tools that enable circumvention of manufacturer-installed copy-protected devices; (iii) providing pirated music, movies, video or software, or links to pirated music, movies, video or software; (iv) posting or distributing video, photographs, or images of another person without his or her consent (or in the case of a minor, the minor's legal guardian); and (v) disseminating or transmitting private, confidential or proprietary information or material that you do not have permission or a right to disseminate or transmit;
(c) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that violates or may give rise to criminal or civil liability under any federal, state, local, national or international law, including, without limitation, the U.S. export control laws and regulations, and the Computer Fraud and Abuse Act;
(d) Collecting, storing, posting, transmitting or soliciting personal information (including, without limitation, biographical, residential, social, marital, occupational, financial, and health information) about other Users without their knowledge or consent, or under false pretense, or through "phishing";
(e) Collecting, storing, posting, transmitting or soliciting personal information about persons under the age of 18;
(f) Collecting, posting, transmitting or soliciting harmful computer software viruses, bugs, worms, codes, files or programs;
(g) Promoting or soliciting involvement in or support of a political platform, religion, cult or sect;
(h) Promoting or soliciting gambling or engaging in any gambling or similar activity;
(i) Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals;
(j) Gaining or attempting to gain unauthorized access to any Service, profiles, blogs, chat rooms, communities, or account information, or providing, soliciting or exchanging other Users' passwords or personal identifying information for commercial or unlawful purposes;
(k) Impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity, including, without limitation, any of Univision Related Parties;
(l) Engaging in any act to deceive or mislead, including, without limitation, (i) falsifying User information; (ii) forging or otherwise manipulating headers or other identifying information in order to disguise the origin of any User Posting; (iii) using invalid or non-existent domain names or other means of deceptive addressing in User Postings; and (iv) relaying email or other material in an anonymous fashion, relaying email or other material from any third party's server without that third party's permission, or using similar techniques to hide or obscure the source of email or other material;
(m) Transmitting or distributing "junk mail," "chain mail" or "chain letters," or engaging in unsolicited mass emailing, "spamming" or "spimming," or making fraudulent offers to sell or purchase, or conducting any type of financial scam such as "pyramid schemes" and "ponzi schemes";
(n) Engaging in "trolling," such as posting material, information, message or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other Users are able to type, or otherwise acting in a manner that negatively affects other Users' ability to engage in real time exchanges;
(o) Disrupting or interfering with other Users' use of any Service or Content or any system or network, including, without limitation, (i) making "denial of service" attacks against another system or network host or another User; (ii) hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network; and (iii) without permission from the owner or host of a system or network, accessing such system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of such system or network, or breaching the security or authentication routines of such system or network;
(p) Reselling or attempting to resell any Service without CINEMANIA.TV prior authorization; and
(q) Any other activities that CINEMANIA.TV determines, in its sole discretion, are illegal, abusive, harmful or improper.
8. Proprietary Rights. Except as set forth in the Social Networking Service Membership Agreement, you acknowledge and agree that all Content is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights that belong to CINEMANIA.TV or to its parents, subsidiaries, affiliates, licensors or business partners. Except as expressly authorized by CINEMANIA.TV, you may not copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit any Content for any purposes, by any means or in any media, other than (i) printing or downloading for your personal, non-commercial use ONLY, provided that you must keep intact all copyright, trademark and other proprietary rights notices contained in or accompanying such Content; and/or (ii) as expressly authorized by CINEMANIA.TV. The systematic retrieval of any Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the prior written permission of CINEMANIA.TV is prohibited. In addition, use of any Content for any purpose not expressly permitted in these Terms of Use is prohibited.
9. Cinemania.tv Trademarks. As used herein, "Cinemania tv Trademarks" means all names, marks, brands, logos, designs, trade dress and other designations that belong to CINEMANIA.TV or its parents, subsidiaries or affiliates, including, without limitation,. You may make reference to Cinemania.tv Trademarks, but only if your reference is truthful and not misleading. You may not remove or alter any Cinemania.tv Trademarks. You acknowledge CINEMANIA.TV and its affiliates' rights in Cinemania.tv Trademarks and agree that any and all use of Cinemania.tv Trademarks shall inure to the sole benefit of CINEMANIA.TV and its affiliates. You agree not to incorporate any Cinemania.tv Trademarks into your marks, names, logos, domain names, links or designations.
10. Third Party Trademarks. All other trademarks and service marks appearing on CINEMANIA.TV are the property of their respective owners.
11. Third Party Websites. CINEMANIA.TV provides links to certain third party websites for your convenience only. These sites are owned or controlled by third parties unrelated to CINEMANIA.TV. Therefore, CINEMANIA.TV does not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any information or material contained in such third party sites. Also, by merely linking to a third party site, CINEMANIA.TV by no means sponsors, endorses, approves or recommends such third party site, or any information, material, views, opinions, products or services posted, offered or advertised on such third party site. You acknowledge that you access and use such third party sites solely at your own risk. You agree that under no circumstances will CINEMANIA.TV be liable in any way for any information or material contained in any third party sites linked to or from CINEMANIA.TV is not responsible for any errors or omissions associated with such third party sites, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any information or material contained in such third party sites.
12. Dealings with Advertisers. CINEMANIA.TV allows certain third parties to place, display, serve or sponsor advertisements on the Site. Your communication or business dealings with, or participation in promotions of, such advertisers, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that CINEMANIA.TV shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
13. User Postings.
(a) For any User Postings made by you, you hereby grant to CINEMANIA.TV and Cinemania.tv Related Parties a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to use, copy, reproduce, display, exhibit, perform, adapt, modify, distribute and promote such User Postings worldwide in any media now known or hereafter developed, by any means and for any purpose. You agree that you will be solely responsible for any User Postings made by you. You hereby represent and warrant that you own or otherwise control all of the rights in and to such User Postings and that no use of such User Postings by CINEMANIA.TV Related Parties will infringe or violate any person's or entity's copyright, trademark, trade secret, privacy, reputation, or other property, personal or proprietary right, or violate any applicable law. CINEMANIA.TV reserves the right, at any time and in its sole discretion, but has no obligation, to remove, delete, block, disable or deny access to any User or any User Postings made by you that, in its sole judgment, violates these Terms of Use or any applicable law, or may expose or subject CINEMANIA.TV Related Parties to liability of any kind, or may adversely affect the reputation or goodwill of CINEMANIA.TV Related Parties.
(b) You acknowledge that when you post or submit information about yourself to the public areas of CINEMANIA.TV (e.g., social networking community, chat rooms, forums, etc.), your information may be seen and used by any other visitor to such public areas. It may also be possible for others to obtain personal information about you due to your use of a Service, and that the recipient may use such information to harass or harm you. CINEMANIA.TV does not approve of such unauthorized uses but by using the Site you acknowledge and agree that CINEMANIA.TV is not responsible for others' use or misuse of any personal information, data or material about you, your family or your friends that you post or allow others to post on the Site. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST OR DISPLAY ON CINEMANIA.TV
(c) YOU ACKNOWLEDGE THAT BY UTILIZING CINEMANIA.TV, YOU MAY BE EXPOSED TO USER POSTINGS THAT YOU FIND TO BE OFFENSIVE, INDECENT, OR OBJECTIONABLE OR THAT ARE ERRONEOUS, INACCURATE OR MISLEADING, AND YOU BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF OR RELIANCE UPON SUCH USER POSTINGS. CINEMANIA.TV HAS THE RIGHT, BUT NOT THE OBLIGATION, TO (I) DENY ACCESS TO ANY USER WHO VIOLATES THE TERMS OF USE OR ANY APPLICABLE LAW AND/OR (II) REMOVE ANY USER POSTING THAT, IN ITS SOLE JUDGMENT, VIOLATES THESE TERMS OF USE OR ANY APPLICABLE LAW, OR IS OTHERWISE OBJECTIONABLE, OR MAY EXPOSE OR SUBJECT CINEMANIA.TV TO LIABILITY OF ANY KIND, OR MAY ADVERSELY AFFECT THE REPUTATION OR GOODWILL OF CINEMANIA.TV UNDER NO CIRCUMSTANCE WILL UNIVISION.COM BEAR ANY RISK ASSOCIATED WITH YOUR USE OF OR RELIANCE UPON ANY USER POSTING. CINEMANIA.TV IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ASSOCIATED WITH ANY USER POSTINGS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING AS A RESULT OF YOUR USE OF OR RELIANCE UPON ANY USER POSTINGS.
(d) CINEMANIA.TV does not accept or consider ideas, suggestions or materials submitted by Users other than those specifically requested or solicited by us (see Paragraph (e) below). This is to avoid the possibility of disputes between you and us when projects independently developed by CINEMANIA.TV Related Parties might seem similar to your ideas, suggestions or materials. If you do send us, or post or transmit on or through the Site or any Service, any unsolicited ideas, suggestions or materials, you agree that such ideas, suggestions or materials, upon submission, shall become the property of CINEMANIA.TV, and that CINEMANIA.TV Related Parties shall be free to use, disclose, publish, distribute and otherwise exploit such ideas, suggestions or materials, without restriction, limitation or obligation of any kind whatsoever, in perpetuity and throughout the universe, and for any purpose whatsoever, commercial or otherwise, all without compensation, credit or attribution to you.
(e) CINEMANIA.TV may from time to time request or solicit submissions from Users, e.g., video submissions as part of a promotion on the Site. You agree that by posting or submitting such solicited Content (each, a "Submission") or engaging in any form of discussion, dialogue or other communication (each, a "Communication") with us through these pages, you hereby grant to CINEMANIA.TV Related Parties a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to: (i) use, copy, sublicense, display, perform, adapt, modify, publish, distribute, advertise, promote, transmit, create derivative works based upon, and otherwise exploit, commercially or otherwise, any such Submission or Communication; and (ii) sublicense to third parties the unrestricted right to exercise any of the above rights.
(f) You understand and agree that CINEMANIA.TV Related Parties are under no obligation to you of any kind with regard to any Submission or Communication posted or uploaded by you now or in the future. CINEMANIA.TV reserves the right, at any time and in its sole discretion, but has no obligation, to remove, block, deny access to, or refuse to post any Submission or Communication that, in its sole judgment, violates these Terms of Use or any applicable law, or may expose or subject CINEMANIA.TV to liability of any kind, or may adversely affect the reputation or goodwill of CINEMANIA.TV also reserves the right, at any time and in its sole discretion, to use and disclose any Submission or Communication as may be necessary to comply with any law, regulation, governmental request, or court order.
14. Notice of Copyright Infringement. If you believe that your rights under U.S. copyright law have been infringed by any Content or User Posting, or if a notice of copyright infringement has been filed against you and you believe you have received it in error, please click on Digital Millennium Copyright Act to view instructions on how to notify or reply to CINEMANIA.TV.
15. Password Security and Privacy. When you sign up to become a Member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify CINEMANIA.TV immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all uses of and activities on your account, including uses and activities by those whom you authorize or share your password with.
CINEMANIA.TV is committed to respecting your privacy and your need to protect personal information that you share with us. To view our policy regarding your privacy, please click on Privacy Policy.
16. Social Networking Service. CINEMANIA.TV offers an online social networking service that allows Users (upon registration) to post personal profiles and network with friends. Use of this Service is subject to certain special terms and conditions. To view these terms and conditions, please click on Social Networking Service Membership Agreement..
17. Cinemania.tv Communities. These Terms of Use apply to all of the online communities on CINEMANIA.TV, including, without limitation, the Site's social networking service, chat rooms, forums, and message boards. For Users' convenience, we have highlighted some important guidelines for Users to remember when participating in these communities. To view these highlights, please click on Cinemania.tv Community Guidelines.
18. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) CINEMANIA.TV IS FOR GENERAL INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND DOES NOT INTEND TO ADVISE, INSTRUCT OR MAKE RECOMMENDATIONS WITH RESPECT TO ANY PARTICULAR SUBJECT, MATTER, MATERIAL, PROBLEM, SITUATION OR INDIVIDUAL.
(B) ALL SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CINEMANIA.TV DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. CINEMANIA.TV DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, ACCESSIBILITY, COMPLETENESS, CORRECTNESS, ACCURACY, USEFULNESS, TIMELINESS, RELIABILITY OR SAFETY OF, OR THE RESULTS OF YOUR USE OF OR RELIANCE UPON, ANY SERVICE OR CONTENT. CINEMANIA ALSO DOES NOT WARRANT OR GUARANTEE THAT ALL SERVICES AND CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(C) YOUR USE OF OR RELIANCE UPON ANY SERVICE OR CONTENT IS ENTIRELY AT YOUR OWN RISK. WITHOUT LIMITATION TO THE FOREGOING, CINEMANIA.TV IS NOT RESPONSIBLE FOR OTHERS' USE OR MISUSE OF ANY PERSONAL INFORMATION, DATA, PHOTOGRAPHS, VIDEOS, AUDIOS, OR OTHER MATERIAL ABOUT YOU, YOUR FAMILY, OR FRIENDS THAT YOU POST OR ALLOW OTHERS TO POST ON CINEMANIA.TV. WE RECOMMEND THAT YOU USE DISCRETION WHEN POSTING ANY SUCH INFORMATION. LIKEWISE, CINEMANIA.TV IS NOT RESPONSIBLE FOR YOUR EXPOSURE TO ANY CONTENT OR USER POSTING THAT IS OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE TO YOU OR TO OTHERS.
19. Additional Disclaimers. You expressly understand and agree that the following additional disclaimers shall apply to your use of CINEMANIA.TV:
For Health Related Pages and Content (applicable to Health and Science, Health Issues): The Content contained in these pages is intended for general informational purposes only. You should not rely on such Content for any action or non-action. Such Content is not intended to constitute advice, instruction or recommendation as to any disease, ailment, physical condition or its diagnosis or treatment, and should not be considered complete or exhaustive. Such Content should not be relied upon to suggest any course of treatment, medicine, diet, fitness or health program for any particular individual. Such Content should not be used in place of a visit, inquiry or consultation with your doctor or other qualified health care provider. You should not act or rely upon any Content in these pages without seeking the advice of your doctor or other qualified health care provider. Always consult with your doctor or other qualified health care provider before starting any treatment, medicine, diet, fitness or health program. You should never disregard the medical advice of your doctor or other qualified health care provider or delay in seeking it because of something you have read in these pages. You acknowledge and agree that any action or non-action based upon any Content in these pages is solely at your own risk and under no circumstances will CINEMANIA.TV be liable in any way with regard thereto.
For Business and Financial Related Pages and Content (applicable to Business/Finance, Stock Markets, Taxes, Banking, Credit, Personal Finance): Content contained in these pages is intended for general informational purposes only. You should not rely on such Content for any action or non-action. You should always verify pertinent information directly with your broker, dealer, agent, bank, financial institution or other service or information provider. You acknowledge and agree that any trading, dealing, transaction or action based upon any Content in these pages is solely at your own risk and under no circumstances will CINEMANIA.TV be liable in any way with regard thereto.
Online Trading Services:
CINEMANIA.TV provides links to online trading services for your convenience only. These online trading services are provided by registered brokers, dealers and mutual fund companies, and such brokers, dealers and mutual fund companies are solely responsible for any services they provide to you. CINEMANIA.TV IS NOT A REGISTERED BROKER, DEALER OR MUTUAL FUND COMPANY AND DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR BROKER, DEALER OR MUTUAL FUND COMPANY.
Investment Information: Stock and mutual fund price quotes, news stories and other information and data related to the investment and financial markets, as well as reference materials and links to relevant third party sites (collectively "Investment Information"), are for general informational purposes only and should not be relied upon for transactional purposes. CINEMANIA.TV does not, and should not be assumed to, warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any Investment Information, or endorse any investment opinions, views or recommendations, or advocate the purchase or sale of any stock, security, mutual fund or investment, or recommend the use of any particular trading or investment strategy. You agree that under no circumstances will CINEMANIA.TV be liable for any errors, omissions, inaccuracies or delays in any Investment Information, or for any of your actions taken in reliance thereupon.
Banking, Billing and Other Online Services: Access to online banking, billing, payment, trading and other services available through these pages is provided by your bank or financial institution, not CINEMANIA.TV. You agree that under no circumstances will CINEMANIA.TV be liable for any errors, omissions, inaccuracies or delays in any such services, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any such services. Your access to these services may be limited from time to time, depending on the service provided by your Internet service provider or your bank or financial institution. You may be billed for these services by your bank or financial institution, not CINEMANIA.TV, and such bank or financial institution may have its own service agreement that will govern the online services it provides and your use thereof.
For Law Related Pages and Content (applicable to Rights, Law, Crime, Immigration): The Content contained in these pages is intended for general informational purposes only and should not be relied upon for any action or non-action. Such Content is not intended to constitute legal advice, instruction or recommendation as to any matter, issue, situation or individual. When we discuss laws and regulations in these pages, and one's rights under those laws and regulations, we are doing so to give you only a basic understanding of how US laws operate. We are not attempting to give you a solution to any particular legal problem you might have. Accordingly, you should not act or rely upon any Content contained in these pages without seeking the advice of an attorney. Also, you should never disregard the legal advice of an attorney or delay in seeking it because of something you have read in these pages.
For Horoscope/Astrology Related Pages and Content: The horoscope and astrology service is intended for entertainment purposes only. No Content regarding astrological matters contained in these pages is intended to constitute advice, instruction, a prediction of the future, or a recommendation with respect to a personal situation or with respect to any matter, problem, situation or individual. When we refer to astrological influences, we are not trying to give solutions to any problem in particular. Therefore, you should not act or fail to act based on any Content of these pages.
20. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) IN NO EVENT SHALL CINEMANIA.TV OR ANY CINEMANIA RELATED PARTIES BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, ANY SERVICE, CONTENT OR USER POSTING, REGARDLESS OF WHETHER OR NOT CINEMANIA.TV OR ANY UNIVISION RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
(B) IN NO EVENT SHALL CINEMANIA.TV OR RELATED PARTIES' TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, ANY SERVICE, CONTENT OR USER POSTING, EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO CINEMANIA.TV FOR ANY UNIVISION.COM SERVICE OR CONTENT DURING THE TERM OF YOUR MEMBERSHIP.
(C) BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
21. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CINEMANIA.TV HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, SUITS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, ANY SERVICE, CONTENT OR USER POSTING; (B) ANY USER POSTINGS MADE BY YOU; OR (C) YOUR BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS CONTAINED HEREIN, OR YOUR VIOLATION OF ANY OF THE TERMS OF USE. CINEMANIA.TV RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH UNIVISION.COM IN ASSERTING ANY AVAILABLE DEFENSES.
22. International Use. CINEMANIA.TV makes no representation or warranty that all Services and Content are appropriate or available for use in locations outside the United States of America. Accessing any Service or Content from territories in which such Service or Content is illegal is prohibited. You agree that if you choose to access any Service or Content from any locations outside the United States of America, you do so at your own risk and are solely responsible for compliance with local laws.
23. Use of Software. The use of any software or application provided on CINEMANIA.TV ("Software") is subject to the following additional terms and conditions: (a) the Software is licensed for your private, non-commercial use ONLY; (b) all rights, title and interest in and to the Software, including, without limitation, any copyrights and other intellectual property rights, shall remain with CINEMANIA.TV and/or the provider or licensor of such Software; (c) except as expressly permitted in these Terms of Use or by law, you may not copy, modify, sell, distribute, disseminate, transmit, translate, reverse engineer, decompile or disassemble the Software, or disclose the Software or any underlying information or technology to any third party; (d) you may not bypass, disable, deactivate or render ineffective any protection or security scheme or program contained in the Software; (e) you may not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is printed or stamped on, affixed to, or encoded or recorded in the Software; (f) you may not download, install, use, export or re-export the Software or any underlying information or technology except in full compliance with all U.S. export control laws and regulations; (g) by installing, downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; (h) you acknowledge that CINEMANIA.TV provides no assistance, including any technical or customer support, in the use of the Software and your use of the Software is at your own risk; (i) YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED; (j) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CINEMANIA.TV DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT; (k) IN NO EVENT SHALL CINEMANIA.TV BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SOFTWARE; (l) as a condition to your use of the Software, you agree to defend, indemnify and hold CINEMANIA.TV Related Parties harmless from and against any and all claims, causes of action, demands, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising from or in connection with your downloading, use or reproduction of, or your receipt or transmission of any material through, the Software; and (m) CINEMANIA.TV reserves the right, in its sole discretion and at any time, to modify or discontinue the Software, limit, terminate or suspend your use of the Software, and/or assess charges for the use of the Software in the future.
24. Governing Law Jurisdiction. You expressly acknowledge and agree that:
(a) CINEMANIA.TV shall be deemed solely based in the State of Florida, U.S.A.;
(b) CINEMANIA.TV shall be deemed a passive website that does not give rise to personal jurisdiction over the owner or operator of CINEMANIA.TV, either specific or general, in jurisdictions other than the State of Florida, U.S.A.;
(c) These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, U.S.A., without regard to its conflict of laws principles; and
(d) Any dispute arising between you and CINEMANIA.TV concerning any Service, Content or User Posting, or concerning the Terms of Use, shall be decided exclusively by state and federal courts located in the, State of Florida, U.S.A.
25. Miscellaneous. These Terms of Use constitute the entire agreement between you and CINEMANIA.TV concerning your use of the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, all of which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and CINEMANIA.TV failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
SOCIAL NETWORKING SERVICE MEMBERSHIP AGREEMENT
CINEMANIA.TV offers a social networking service that allows Members to create personal profiles and meet and communicate with old and new friends online. This service, together with all of its pages, features, content, and applications as may be offered from time to time by CINEMANIA.TV, is referred to hereinafter as the "Social Networking Service" or the "Social Networking Site." The Social Networking Service is hosted in the U.S.
1. Acceptance. Use of the Social Networking Service is subject to the terms and conditions set forth in this Membership Agreement (this "Agreement"), which constitutes part of the Terms of Use that govern use of the entire CINEMANIA.TV website. By using the Social Networking Service, you expressly accept and agree to be legally bound by and comply with all of the terms and conditions of this Agreement, as well as all the other terms and conditions set forth in the Terms of Use and the Privacy Policy.
If you do not agree to this Agreement, please do not access or use the Social Networking Service. CINEMANIA.TV reserves the right, in its sole discretion, to update or revise this Agreement at any time. Therefore, please check back regularly for changes and updates. Your continued use of the Social Networking Service following the posting of any changes or updates to this Agreement constitutes your implied acceptance of such changes and updates.
2. Eligibility. Registration and membership with the Social Networking Service is void where prohibited. As a condition of your use of the Social Networking Service, you represent and warrant that: (a) you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to understand, assent to, and enter into this Agreement, and to abide by and comply with this Agreement; (b) all registration information you submit is truthful and accurate and you will maintain the accuracy of such information; and (c) your use of the Social Networking Services does not violate any applicable law or regulation. In any case, no one under 13 years of age may use CINEMANIA.TV, the Social Networking Service, or any other service offered on CINEMANIA.TV. Your profile may be deleted and your membership may be terminated without warning if we have any reason to believe that you may be under the age of 13.
3. Invitations to Non-Members. Members may invite friends to join the Social Networking Service by sending invitation emails via CINEMANIA.TV automated invitation system. CINEMANIA.TV stores the email addresses that Members provide so that the respondents may be added to the friend's list of the Member sending the invitations, and also to send reminders of the invitations. CINEMANIA.TV does not sell these email addresses or use them to send any other communication besides invitations and invitation reminders (up to three (3) per email address).
4. Non-Commercial Use Only. The Social Networking Service is for the personal use of Members only and may not be used in connection with any commercial activities, except those that are specifically endorsed or approved by CINEMANIA.TV You may not: (a) advertise to or solicit any Member to buy or sell any products or services through the Social Networking Service; (b) transmit any chain letters or junk email to other Members; (c) use any personal information obtained from the Social Networking Site to contact, advertise to, solicit, or sell to any Member without their express prior consent; or (d) display an advertisement in your profile, or accept payment or anything of value from any person or entity in exchange for your performing any commercial activity on or through the Social Networking Site on behalf of that person or entity, such as placing commercial content in your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "My Friends", or sending private messages with a commercial purpose. Commercial advertisements, promotions, and other forms of solicitation may be removed from Member profiles and postings without notice and may result in termination of membership privileges. In order to protect our Members from unauthorized advertising and solicitations, CINEMANIA.TV reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which CINEMANIA. deems appropriate in its sole discretion. If you violate the foregoing and send unsolicited bulk email or other unsolicited communications of any kind through the Social Networking Service, you agree to pay and indemnify CINEMANIA.TV for any penalty or damages that may be imposed by applicable law for each such unsolicited email or other unsolicited communication you send through the Social Networking Service.
5. Copyright Policy. You may not post, display, perform, copy, reproduce, distribute, modify or otherwise use any copyrighted content (e.g., music, movies, videos, photographs, and software) belonging to others without permission or consent of the copyright owner. CINEMANIA.TV reserves the right to terminate membership privileges of any Member who intentionally or repeatedly infringes the copyrights of others. If you believe that your rights under U.S. copyright law have been infringed by anyone or anything on the Social Networking Site, or if a notice of copyright infringement has been filed against you and you believe you have received it in error, please click on Digital Millennium Copyright Act (which is incorporated herein by this reference) to view instructions on how to notify or reply to CINEMANIA.TV
6. Illegal or Unauthorized Use Prohibited. Illegal or unauthorized use of the Social Networking Service is strictly prohibited. In addition to the prohibited activities described in Sections 4 and 5 above, listed below are examples of some other prohibited activities on the Social Networking Site, which are not meant to be, and should not be considered, complete or exhaustive:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, phishing, trolling, sending of viruses or other harmful files, identity theft, or misappropriation of others' trade secrets or confidential information;
exchanging or sharing content that solicits, induces, promotes or enables infringement or violation of others' copyrights, trademarks, trade secrets, privacy, reputation, or other property, personal or proprietary rights, or violation of any law or regulation;
covering or obscuring the banner advertisements on your personal profile page, or any Social Networking Site page via HTML/CSS or any other means;
making any automated use of the Social Networking Service, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Social Networking Site or the networks or services connected to the Social Networking Site;
impersonating or attempting to impersonate, or misrepresenting affiliation, association or connection with, another Member or any other person or entity;
using sexual imagery or any other unfair misleading or deceptive means to draw traffic to one's profile or posting;
using the account, username, or password of another Member at any time or disclosing your password to any third party, or permitting any third party to access your account;
selling or otherwise transferring your profile or account;
using the Social Networking Service to harass, stalk, threaten, abuse, defame, or harm another person;
using the Social Networking Service for advertising or other commercial purposes;
using the Social Networking Service in a manner inconsistent with the Terms of Use, the Privacy Policy, this Agreement, or any applicable law or regulation.
7. Member Profiles and Postings. Please choose carefully what you post on the Social Networking Site and what you provide to or share with other Members. Member profiles and postings on the Social Networking Site may not include any of the following items:
telephone numbers, street addresses, last names, social security numbers, credit card information, bank account information, or other Personally Identifiable Information;
any content (or links thereto) that contains nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter;
any content (or links thereto) that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
any content (or links thereto) that solicits, induces, promotes or enables illegal, unlawful, or fraudulent activities;
any content (or links thereto) that posts, displays, plays, copies, reproduces, distributes, or otherwise uses others' copyrighted material (e.g., music, movies, videos, photographs, or software) where no permission for such use has been obtained from the copyright owner;
any content (or links thereto) that contains, posts, displays, plays, or distributes video, audio, photograph, or image of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
any content that impersonates, or otherwise misrepresents affiliation, connection or association with any person or entity;
any content that contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive creations, components or devices;
any content (or links thereto) that promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
any commercial advertisements or promotions, or any offers to sell products or services;
any other content that we believe, in our sole discretion, violates the Terms of Use, the Privacy Policy, or this Agreement.
Despite this prohibition, profiles and postings of other Members may contain offensive, sexual-oriented, or otherwise objectionable material and CINEMANIA.TV assumes no responsibility or liability for any such material or your exposure to such material. CINEMANIA.TV reserves the right, at any time and in its sole discretion, to reject, refuse to post, block access to, remove or delete any profile or posting (including private messages) made by you, or to restrict, suspend, or terminate your access to all or any part of the Social Networking Service, for any or no reason, with or without prior notice, and without liability. YOU ACKNOWLEDGE AND AGREE THAT ACCESS TO AND USE OF THE SOCIAL NETWORKING SERVICE IS A PRIVILEGE AND NOT A RIGHT.
8. Reporting Abuse. If you become aware of misuse of the Social Networking Service by any person, please contact abuse@cinemania.tv
9. License to Member Content. CINEMANIA.TV does not claim ownership rights in any material, work, text, file, message, communication, video, audio, image, photo, or other item (collectively, "Content") that you create, post, and upload to the Social Networking Site. You retain all ownership rights in such Content. However, by posting Content on the Social Networking Site, you hereby grant to CINEMANIA.TV and its affiliates the rights and licenses to: (i) use, modify, copy, reproduce, publicly perform, publicly display, publish and distribute such Content on and through the Social Networking Service; (ii) make unlimited and unrestricted use, reproduction, broadcast, exhibition, display, performance, and distribution of such Content in any and all media now known or hereafter developed, including, without limitation, any and all forms of television now known or hereafter developed; and (ii) use, reproduce, publish, and otherwise exploit your name, likeness, image, photograph, voice, performance, and other elements of your appearance or persona only to the extent contained or embodied in such Content, and only as part of such Content (i.e., CINEMANIA.TV and its affiliates have no right to exploit any elements of your appearance or persona apart from such Content); in each case without notice, compensation, credit or attribution to you. Please note that, without the aforementioned licenses, CINEMANIA.TV would be unable to provide the Social Networking Service. For example, without the right to modify your Content, CINEMANIA.TV would not be able to digitally compress Content files you submitted or otherwise format Content to satisfy technical requirements, and without the right to publicly display or perform your Content, CINEMANIA.TV could not allow others to view, listen to or play Content submitted by you. All of the aforementioned licenses you grant to CINEMANIA.TV and its affiliates are non-exclusive (meaning you are free to license your Content to anyone else), fully-paid and royalty-free (meaning that CINEMANIA.TV and its affiliates are not required to pay you for any use of your Content as permitted under the licenses), sublicenseable (meaning that CINEMANIA.TVand its affiliates may authorize third parties to make permissible use of your Content), worldwide (because the Internet and the Social Networking Service are global in reach) and perpetual (meaning that all of the licenses will continue even if you remove your Content from the Social Networking Site). You represent and warrant that: (a) you own all Content posted by you on or through the Social Networking Service or otherwise have the right to license such Content to CINEMANIA.TVand its affiliates as set forth in this Section 9; and (b) no Content posted by you infringes or violates any person's or entity's copyright, trademark, trade secret, privacy, reputation, or other property, personal or proprietary right, or violate any applicable law. You agree to pay all royalties, fees, monies and compensation that may be owed to any person by reason of you posting any Content on or through the Social Networking Site.
10. No Responsibility for Member Content. CINEMANIA.TV assumes no responsibility for monitoring the Social Networking Site for inappropriate Content posted by Members. If at any time CINEMANIA.TV chooses, in its sole discretion, to monitor the Social Networking Site, CINEMANIA.TV nonetheless assumes (i) no responsibility for any Content posted by Members, (ii) no obligation to modify or remove any such Content, and (iii) no responsibility for the conduct of Members submitting such Content. You are solely responsible for all Content that you post on or through the Social Networking Site and/or transmit to other Members. Also, you are solely responsible for any and all communications, interactions, dealings, and disputes between you and other Members. CINEMANIA.TV does not endorse and has no control over any Content posted by Members. Content posted by Members is not necessarily reviewed or screened by CINEMANIA.TV prior to posting and is not necessarily monitored by CINEMANIA.TV after posting. Content posted by Members does not reflect the opinions or policies of CINEMANIA.TV makes no warranties, express or implied, as to any Content posted by Members or to the accuracy or reliability of any such Content. CINEMANIA.TV reserves the right, at any time and in its sole discretion, but has no obligation, to remove, delete, block, disable or deny access to any Content posted by Members that in its sole judgment violates this Agreement, the Terms of Use, the Privacy Policy, or any applicable law, or may expose or subject CINEMANIA.TV to liability of any kind, or may adversely affect the reputation or goodwill of CINEMANIA.TV
11. Privacy. Personal information that you disclose to CINEMANIA.TV in connection with registration with the Social Networking Service is governed by our Privacy Policy, which is incorporated herein by this reference. To view this policy, please click on Privacy Policy.
12. Disclaimers. CINEMANIA.TV is not responsible for any incorrect or inaccurate Content posted on the Social Networking Site or in connection with the Social Networking Service, whether caused by Members or by any equipment or programming associated with or utilized for the Social Networking Service. Profiles created and posted by Members may contain links to third party websites. CINEMANIA.TV is not responsible for the Content or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked by CINEMANIA.TV. Inclusion of any linked website on the Social Networking Site does not imply approval or endorsement of the linked website by CINEMANIA.TV. When you access these third-party sites, you do so at your own risk. CINEMANIA.TV takes no responsibility for third party advertisements displayed on the Social Networking Site or through the Social Networking Service, nor does it take any responsibility for the goods or services provided by advertisers. CINEMANIA.TV is not responsible for the conduct of any Member, whether online or offline. CINEMANIA.TV assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member communication, posting or profile. CINEMANIA.TV is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Social Networking Site or combination thereof, including any injury or damage to Members or to any person's or entity's computer related to or resulting from using or downloading material from the Social Networking Site. Under no circumstances shall CINEMANIA.TV be responsible for any loss or damage, including personal injury or death, resulting from your use of the Social Networking Service, your participation in any Social Networking Site event, or from any Content posted on or through the Social Networking Site, or from the conduct of any Member, whether online or offline. The Social Networking Service is provided "AS IS" and "AS AVAILABLE", and CINEMANIA.TV expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CINEMANIA.TV cannot guarantee and does not promise any specific results from use of the Social Networking Service. In addition, CINEMANIA.TV makes no representation or warranty that the Social Networking Service is appropriate or available for use in locations outside the United States of America. Accessing the Social Networking Service from territories in which such service is illegal is prohibited. You agree that if you choose to access the Social Networking Service from any locations outside the United States of America, you do so at your own risk and are solely responsible for compliance with local laws.
13. Limitation on Liability. IN NO EVENT SHALL CINEMANIA.TV BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, ARISING FROM YOUR USE OF THE SOCIAL NETWORKING SERVICE OR ANY CONTENT ON THE SOCIAL NETWORKING SITE, EVEN IF CINEMANIA.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CINEMANIA.TV LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CINEMANIA.TV FOR THE SOCIAL NETWORKING SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
14. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CINEMANIA.TV, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, OWNERS, PARTNERS, LICENSORS, LICENSEES, SPONSORS, SUPPLIERS AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, SUITS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON THE SOCIAL NETWORKING SERVICE OR ANY CONTENT ON THE SOCIAL NETWORKING SITE; (B) ANY CONTENT POSTED BY YOU ON OR THROUGH THE SOCIAL NETWORKING SITE; OR (C) YOUR BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS CONTAINED IN THIS AGREEMENT, OR YOUR VIOLATION OF ANY PROVISION OF THIS AGREEMENT. CINEMANIA.TVRESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH CINEMANIA.TV IN ASSERTING ANY AVAILABLE DEFENSES.
15. Governing Law; Jurisdiction. You expressly acknowledge and agree that:
(a) The Social Networking Service shall be deemed solely based in the State of Florida, U.S.A.;
(b) The Social Networking Service shall be deemed a passive website that does not give rise to personal jurisdiction over the owner or operator of CINEMANIA.TV, either specific or general, in jurisdictions other than the State of Florida, U.S.A.;
(c) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, U.S.A., without regard to its conflict of laws principles; and
(d) Any dispute arising between you and CINEMANIA.TV concerning the Social Networking Service or any Content on the Social Networking Site, or concerning this Agreement, shall be decided exclusively by state and federal courts located in the Country , State of Florida, U.S.A.
16. Term. This Agreement shall remain in full force and effect for as long as you use the Social Networking Service or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Also, CINEMANIA.TV may terminate your membership at any time, for any or no reason, with or without warning, and without any liability to you. YOU ACKNOWLEDGE AND AGREE THAT ACCESS TO AND USE OF THE SOCIAL NETWORKING SERVICE IS A PRIVILEGE AND NOT A RIGHT. Even after your membership is terminated, certain provisions of this Agreement shall remain in full force and effect, including, without limitation, Sections 9, 10, 12, 13, 14, 15, 16 and 18.
17. Fees. You acknowledge that CINEMANIA.TV reserves the right to charge a fee for use of the Social Networking Service from time to time in its discretion. If CINEMANIA.TV terminates your membership because you have breached or violated this Agreement, the Terms of Use, or the Privacy Policy, you shall not be entitled to the refund of any unused portion of subscription or membership fees.
18. Miscellaneous. This Agreement, together with the Terms of Use, the Privacy Policy, and all other legal notices referenced herein or therein, constitutes the entire agreement between you and CINEMANIA.TV concerning your use of the Social Networking Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, all of which shall remain in full force and effect. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or a waiver of any other provision and CINEMANIA.TV failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
DIGITAL MILLENNIUM COPYRIGHT ACT
CINEMANIA.TV is committed to complying with U.S. copyright laws and expects all Users who access our Content, including Members, to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed on the internet. The DMCA constitutes part of the Terms of Use that govern use of the entire CINEMANIA.TV website.
Under the DMCA, copyright owners may contact the authorized agent of an internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, CINEMANIA.TV will remove or block access to the allegedly infringing material. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to CINEMANIA.TV shall not be made a party to disputes over alleged copyright infringement.
If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, you should seek advice of legal counsel. We are providing the following information to you for informational purposes only.
Notification of Claimed Copyright Infringement
If you believe that any content of CINEMANIA.TV is violating your rights under U.S. copyright laws, you may file a complaint thereof with CINEMANIA.TV designated agent in the manner described below.
By Fax: (305) 5327339
By Email: copyright@cinemania.tv
By Mail:CINEMANIA TV LLC
1800 Sunset Harbor Drive
Suite 1701
Miami Beach,FL. 33139
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
(a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Univision to locate the material;
(d) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
See 17 U.S.C. § 512(c)(3) for more details.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the wrongfully accused material, court costs, and attorneys' fees.
Counter-Notification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you, you may file a counter-notification with Cinemania.tv designated agent at the address listed above. Such counter-notification must contain the following information:
(a) a physical or electronic signature;
(b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
(d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.
If CINEMANIA.TV receives a valid counter-notification, the DMCA provides that the removed material will be restored or access re-enabled.
You should be aware that U.S. copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement.
