Terms of Use

Last Updated: September 1, 2020

PLEASE READ THESE WEB SITE TERMS AND CONDITIONS CAREFULLY. BY CREATING AN ACCOUNT OR BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CREATE AN ACCOUNT OR USE THIS WEB SITE.

These terms and conditions of use (“Terms of Use”) apply to your access to, and use of, the Web site of MovieMisfits.com (“MM”), located at www.moviemisfits.com (the “Site”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with MM, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify you and MM for violations of these Terms of Use.

MM reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

If you have any question regarding the use of the Site, please contact [email protected].

Content

Privacy Policy
Terms of Sale
Copyright and Limited License
Feedback and Submissions
User Content and Conduct
Rights in User Content
Hyperlinks
Third-Party Content
Advertisements and Promotions; Third-Party Products and Services
Registration Data; Account Security
Repeat Infringer Policy
Copyright Complaints
Trademarks
Indemnification
Disclaimer
Limitation of Liability
Termination
Severability
Questions and Contact Information

1. Privacy Policy

Please refer to our Privacy Policy for information on how MM collects, uses and discloses personally identifiable information from its users.

2. Terms of Sale

The following terms and conditions of sale (“Sale Terms”) apply to your purchases of any products from MM. These Sale Terms are subject to change without prior written notice at any time, in MM’s sole discretion so you should review them each time you make a purchase. By ordering products through the Site, you agree to be bound by and accept these Sale Terms.

Your Account.
When you purchase from MM, an account will be created for you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.

Payment Terms.
Purchases made on the Site will be restricted to the payment methods indicated at the time of sale.

Shipping Terms and Policies.
Shipping terms and policies for purchases made on the Site will be indicated at the time of sale. Title to products passes from MM to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.

Back Orders.
If for some reason an item on your order is temporarily out of stock, we will back order that item for you and ship the other merchandise immediately. Your packing slip will indicate back ordered items.

Return and Exchange Policies.
The return policy for purchases made on the Site will be indicated at the time of sale.

Product Availability and Pricing.
MM and its suppliers continually upgrade and revise its products and service offerings to provide you with new products and services. MM may revise or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.

Product Descriptions, Pricing, and Errors.
MM attempts to be as accurate as possible and eliminate errors on this Site. However, we do not warrant that product descriptions, photographs, pricing or other content of this site is accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by MM is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

Whom We Sell To.
MM intends to sell products only to adults. If you are under 18, you may purchase items through our Site only with involvement of a parent or guardian. MM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

3. Copyright and Limited License

Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the MM logo, book content, special features, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of MM or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions ; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of MM, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation 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.

4. Feedback

You acknowledge and agree that any suggestions, comments, ideas, feedback and other information or materials you submit to MM regarding MM, the Site, or any MM products or services (the “Feedback”), whether provided by you in the form of email, posts on the Site, or other submissions to MM are non-confidential and shall become the sole property of MM. MM shall own, and you hereby assign to MM, all rights in and to such Feedback, including all intellectual property rights, and MM shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. For information on ownership and rights in user content other than Feedback, see Section 6 below.

5. User Content and Conduct

The Site may include forums and other interactive areas or services (“Interactive Areas”) in which you or other users create, post or share content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials (“User Content”). You are solely responsible for your use of such Interactive Areas and the User Content you post.

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable

User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law

User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party

Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or User Content designed to deceive or trick the user of the Site

Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers

Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Site without MM’s express written consent

User Content that exploits minors in any way or that exhibits cruelty to animals

User Content that violates the MM Forum Code of Conduct or any other rules or polices established from time to time by MM, or that may expose MM or its users to any harm or liability of any type

You further agree that you are solely responsible for your conduct while on the Site, and you agree that you will not do any of the following in connection with the Site or its users:

You will not use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner.

You will not impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity.

You will not flag content or report abuse for improper purposes or without good reason.

You will not collect any personal information about other users (except as specifically authorized by MM), or intimidate, threaten, stalk, or otherwise harass or cause discomfort to other users of the Site.

You will not use the Site for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms of Use, the MM Forum Code of Conduct or any other rules or polices established from time to time by MM.

You will not create an account or post any content if you are not over [13] years of age [or purchase any Products if you are not over 18 years of age].

You will not modify, adapt, hack or emulate the Site or the Site Materials.

You will not circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Site, users of the Site or third parties.

You will not infringe upon or violate the rights of MM, its users or any third party.

MM takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or uploaded on the Site, nor is MM liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas and the Site is at your own risk. Enforcement of the user content and conduct rules set forth in these Terms of Use is solely at MM’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.

Although MM does not control and has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, MM reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

6. Rights in User Content

You own the content of the posts you make to the MM Forum and to other User Content that you may create for MM Contests and activities, except for Feedback (as set forth in Section 4) and as otherwise specifically agreed upon by you and MM. However, by posting or otherwise submitting User Content to the Site, you grant MM and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any manner or media, on or off the Site. This includes, without limitation, the right to reproduce, republish and otherwise use and exploit for profit any forum posts you make and any postcards or other creative materials you post or create on the Site without compensation to you. If we do publish User Content in certain ways, we may choose to provide an honorarium in connection with such use. However, you understand and agree that the offering of an honorarium in some instances does not affect the rights of MM to use User Content without payment in other instances.

You also grant MM and its affiliates and sublicensees the right to use your name, likeness, voice and identity, in the form provided by you, in connection with the use of such User Content. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and grant the rights granted in these Terms of Use; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

7. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray MM or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an MM logo or other proprietary graphic of MM to link to this Site without the express written permission of MM. Further, you may not use, frame or utilize framing techniques to enclose any MM trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without MM’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of MM or any third party.

MM makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of MM, and MM is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. MM provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by MM of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

8. Third-Party Content

MM may provide third-party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third-Party Content”) as a service to those interested in this information. MM does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that MM is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.

9. Advertisements and Promotions; Third-Party Products and Services

MM may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. MM is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-MM advertisers or third-party information on the Site.

10. Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to MM, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to MM.

11. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, MM has adopted a policy of terminating, in appropriate circumstances and at MM’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. MM may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

12. Copyright Complaints

If you believe that any material on this Site infringes upon any copyright which you own or control, or that any link on this Site directs users to material that infringes upon any copyright which you own or control, please follow our Notice and Procedure for Making Claims of Copyright Infringement as set forth in our Copyright Policy.

13. Trademarks

MM, the MM logos, and any other MM product, service or feature name, logo or slogan contained in the Site are trademarks of MM and may not be copied, imitated or used, in whole or in part, without the prior written permission of MM. You may not use any metatags or any other “hidden text” utilizing “MM” or any other name, trademark or product or service name of MM without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MM and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

14. Indemnification

You agree to defend, indemnify and hold harmless MM, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against MM and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

15. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MM, THE SITE, THE SITE MATERIALS CONTAINED THEREIN, THE PRODUCTS, AND THE SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. MM DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS, THE PRODUCTS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE

ANY WARRANTY ON THIRD PARTY PRODUCTS PURCHASED THROUGH THIS SITE ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY MM. MM ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS SOLD ON THIS SITE.

MM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE MM ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES SAFE, MM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

MM reserves the right to change any and all content contained in the Site and to modify, suspend or discontinue the Site, any Products or Services offered through the Site, or any features or functionality of the Site or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by MM.

16. Limitation of Liability

IN NO EVENT SHALL MM, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE PRODUCTS, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MM’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL (A) MM’S LIABILITY FOR ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE AMOUNT ACTUALLY RECEIVED BY MM FOR THE PURCHASE OF SUCH PRODUCTS; AND (B) THE AGGREGATE LIABILITY OF MM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE PRODUCT, OR THE SERVICES OR TO THESE TERMS OF USE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MM FOR ACCESS TO OR USE OF THE SITE.

17. Termination

Notwithstanding any of these Terms of Use, MM reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.

18. Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

19. Questions & Contact Information

Questions or comments about the Site may be directed to MM at the following email address: [email protected].