Terms of Service
By using the GotchaMovies.com site (the “Site”), you agree to be bound by these Terms of Service (this “Agreement”), whether or not you register as a member of the Site (“Member”).
If you wish to become a Member, communicate with other Members, and make use of the Site, read this Agreement and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership and may be modified by GotchaMovies from time to time. GotchaMovies reserves the right to modify the Agreement from time to time. GotchaMovies will post any modified version of the Agreement on the Site and your continued use of the Site after such a modified version of the Agreement has been posted constitutes your acceptance to such modified version. You may also receive a copy of this Agreement by emailing us at: [email protected], Subject: “Terms of Service Agreement”.
If such additional functionalities and features are provided to us by any of our partners (such as, but not limited to, media players for content provided by our licensors) the additional terms that govern your use of such functionalities and features are not incorporated into this Agreement, but shall govern your use of such functionalities and features and you hereby agree to comply with and be bound by such terms as a condition to your access and use of such functionalities and features.
1. ELIGIBILITY. THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS THAT ARE THIRTEEN (13) YEARS OF AGE OR OLDER. BY ACCESSING AND USING THE SITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OLD. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are merely surfing or browsing through the Site and have not yet registered to become a Member, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.
2. MEMBER ACCOUNT. When you sign up to become a Member and create a GotchaMovies Member account (“Member Account”), you will also be asked to choose a username and a password for your Member Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member Account, Member profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member Account or Member profile or access to your password. You are solely responsible for any and all use of your Member Account and Member profile.
3. TERM. This Agreement will remain in full force and effect while you use the Site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the member profile page, or upon receipt by GotchaMovies of your written or email notice of termination. GotchaMovies may also terminate your access to the Site. GotchaMovies may terminate your membership for any reason effective upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to GotchaMovies. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20.
4. NON-COMMERCIAL USE BY MEMBERS. The Site is for the personal use of individual Members only, and may not be used in connection with any commercial endeavors. This includes providing links to other websites, whether deemed competitive to GotchaMovies or otherwise. Organizations, companies, and/or businesses may not become Members of GotchaMovies and should not use the GotchaMovies Services for any purpose unless authorized by GotchaMovies. Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action may be taken.In addition, you may not register for more than one Member Account, register for a Member Account on behalf of an individual other than yourself or register a Member Account on behalf of any group or entity. Furthermore, you may not use or attempt to use another’s Member Account without authorization from us or create a false identity on our Services.
5. PROPRIETARY RIGHTS IN THE SERVICE. GotchaMovies owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information (“Intellectual Property”) of GotchaMovies, and its licensors, including other GotchaMovies Members. Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Site does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content (as defined below) and material included therein.
6. CONTENT POSTED ON THE SITE. You understand and agree that GotchaMovies may (but is not obligated to) review any content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively, “Content“) that is uploaded, published or displayed (hereinafter, “posted“) on the Site and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of GotchaMovies violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the Content that you post on the Services, or transmit to other Members or third parties. By posting Content to any area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to GotchaMovies an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of Content that is illegal or prohibited on the Sites (“Prohibited Content”). GotchaMovies reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.
Prohibited Content includes Content that:
(a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) harasses or advocates harassment of another person;
(c) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
(d) promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;
(e) promotes an illegal and/or unauthorized (“pirated”) copy of another person’s copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content;
(f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(g) displays pornographic or sexually explicit material of any kind and in any form;
(h) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(i) provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(j) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes;
(k) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to US embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or
(l) otherwise violates the terms of this Agreement or creates liability for GotchaMovies.
You must use the Site in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Site, except as to the extent expressly allowed by GotchaMovies in specific sections of the Site. You may not transmit any chain letters or junk email to other Members or other parties. You may not engage in any automated use of the Services, such as using scripts, bots, or the like, to add friends or send comments or messages. Although GotchaMovies cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, GotchaMovies reserves the right to restrict the number of emails and other communications (including sharing of Content) which a Member may send to other Members in any twenty-four (24) hour period to a number which GotchaMovies deems appropriate in its sole discretion.
7. YOUR MEMBER PROFILE. Any Content used for or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person’s permission.
8. MOBILE SERVICES. You may access and use the Site using certain mobile devices. Unless otherwise specifically stated herein, your access and use of the Site via a mobile device is subject to the terms and conditions of this Agreement and your full compliance with all your obligations hereunder, including, without limitation, the terms and conditions regarding the use and provision of Content. By accessing and using the Site with a mobile device you acknowledge and agree that you may receive certain communications from the Site (such as SMS, MMS, text messages, mobile emails, or other electronic communications means, collectively “Mobile Communications”). Please note that by accessing and using the Site via mobile devices, or by using certain mobile features, such as receiving or sending Mobile Communications via your mobile device, you may incur fees from the provider or carrier of the mobile services that you use (“Carrier”) and you are solely responsible for the payment of such fees. If you choose to update your profile with information about your actual location (including location-related information provided by your Carrier or applications), you acknowledge and agree that (a) such information may be made available to every viewer of your Member profile and (b) GotchaMovies does merely make this information available upon your request and is not responsible for the correctness of such information and any use of such information by third parties, including other Members.
9. COPYRIGHT POLICY. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our GotchaMovies with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notice of claims of copyright infringement can be reached by writing the following:
Gotcha Media Group, Inc.
Attn: Copyright Infringement
8721 Santa Monica Blvd.
Los Angeles, CA 90069
10. MEMBER DISPUTES. Your interactions with other Members in connection with the Site or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. You agree that GotchaMovies will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Member’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), GotchaMovies is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.
11. THIRD PARTY CONTENT. Content from other Members, advertisers, and other third parties may be made available to you through the Site. Because we do not control such Content, (a) you agree that we are not responsible for any such Content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Members, advertisers, and other third parties.
12. RELEASE. To the extent permitted under applicable laws, you hereby release GotchaMovies from any liability related to: (a) any incorrect or inaccurate Content posted on the Site, whether caused by any user of the Site or Member, or by any of the equipment or programming associated with or utilized in the Site; (b) the conduct, whether online or offline, of any user of the Site or Member; (c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any Site, or combination thereof, including injury or damage to user’s and/or Member’s or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Site; (d) any loss or damage caused by Content posted on the Site or transmitted by and to Members, or any interactions between users of the Site and/or Members, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Site user or Member communications.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
13. DISCLAIMER. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND GOTCHAMOVIES EXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT AND GOTCHAMOVIES DOES NOT GUARANTEE AND DOES NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SITE; (B) THAT THE SITE WILL MEET YOUR REQUIREMENTS; (C) THAT THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. GOTCHAMOVIES DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION ON LIABILITY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, GOTCHAMOVIES SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE SITE, EVEN IF GOTCHAMOVIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOTCHAMOVIES’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) ANY AMOUNT PAID BY YOU TO GOTCHAMOVIES FOR USE OF THE SITE; AND (2) FIFTY U.S.DOLLARS (US$50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. U.S. EXPORT CONTROLS. Any software provided by GotchaMovies through the Site (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By 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 such country or on any such list.
16. GOVERNING LAW AND ARBITRATION. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and GotchaMovies agree to submit to the jurisdiction of, and agree that venue is proper in, the state and federal courts located in Los Angeles, California (USA). Notwithstanding the foregoing, GotchaMovies may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Site.
17. ELECTRONIC COMMUNICATIONS. The communications between you and GotchaMovies use electronic means, whether you visit the Site or send us emails, or whether GotchaMovies posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from GotchaMovies in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GotchaMovies provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your non-waivable rights.
18. INDEMNITY. You agree to indemnify and hold GotchaMovies, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
19. OTHER. This Agreement contains the entire agreement between you and GotchaMovies regarding the use of the Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of GotchaMovies 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. Please contact us with any questions regarding this Agreement.
20. COPYRIGHT/TRADEMARK INFORMATION. Copyright © 2008 – 2009, GotchaMovies. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.