Terms of Use
(Adopted March 30, 2008)
When using Belfim, you agree to the following terms and conditions (the
"Terms of Use"). You can always check out the most current version of these
Terms of Use at this page. In addition, when using particular Belfim
services, you shall be subject to any posted guidelines applicable to such
services. If you do not agree to these Terms of Use please do not use the site
and do not register to be a member of Belfim. We reserve the right, at our
discretion, to change, modify, add, or remove portions of these Terms of Use at
any time. Please check these terms periodically for changes. Your continued use
of the Belfim Service following the posting of changes to these terms
(including Belfim' Forum Guidelines) will mean you accept those changes.
Overview
Belfim is the Internet's largest movie information and resource web
portal, with thousand of actors and hundreds of movie (and growing every day),
as well as forums and links to books, articles, tips, tutorials and a broad
range of other content now avialble and coming soon (collectively, the " Belfim
Service"). These Terms of Use apply to the Belfim Service as well as any
new products or services that we may add in the future (unless stated
otherwise).
General Terms of Use and Restrictions on Use of Materials By using the
Belfim Service, you agree to be legally bound and to abide by the Terms of Use,
just as if you had signed this Agreement. If you do not comply with the Terms of
Use at any time, Belfim reserves the right to limit your access to the
Belfim Service. Belfim may discontinue or alter any aspect of the
Belfim Service, including, but not limited to, (i) restricting the time the
Belfim Service is available, (ii) restricting the amount of use permitted, and
(iii) restricting or terminating any user's right to use the Belfim
Service, at Belfim' sole discretion and without prior notice or liability.
In order to permit Belfim to protect the quality of its products and
services, you hereby consent to Belfim employees being able to access your
account and records on a case by case basis to investigate complaints or other
allegations or abuse.
You acknowledge that the Belfim Service may contain information, photos,
video, text, graphics, music, sounds or other material (collectively, "Content")
that are protected by copyrights, patents, trademarks, trade secrets or other
proprietary rights, and that these rights are valid and protected in all forms,
media and technologies existing now or here after developed. All Content is
copyrighted as a collective work under the U.S. copyright laws, and Belfim
owns a copyright in the selection, coordination, arrangement and enhancement of
such Content.
Belfim' Privacy Policy
The Company collects, stores and uses data collected from you in accordance with
the Company's Privacy Policy.Community Standards and Conduct in
Belfim Forums
You acknowledge that all Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from which such Content
originated. This means that you are entirely responsible for all Content that
you post, email or otherwise transmit via the Belfim Service. Belfim
does not control all of the Content posted via the Belfim Service and, as
such, does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Belfim Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances will
Belfim be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or otherwise
transmitted via the Belfim Service.
You agree to not use the Belfim Service (including the Belfim Forums
described below) to:
- upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a
Belfim official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
- upload, post, or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
- upload, post, or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of
any party;
- upload, post, or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas
that are designated for such purpose;
- upload, post, or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Belfim Service or an Belfim Forum are
able to type, or otherwise act in a manner that negatively affects other
users' ability to engage in meaningful exchanges;
- interfere with or disrupt the Belfim Service or servers or
networks connected to the Belfim Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Belfim Service;
- intentionally or unintentionally violate any applicable local, state,
national or international law;
- "stalk" or otherwise harass another member or user of the Belfim
Service; or
- collect or store personal data about other users or members.
A "Forum" refers to any chat area, bulletin board, "instant messaging" or
virtual community offered as part of the Belfim Service.
All Belfim Forum communications are public and not private communications.
You shall remain solely responsible for the content of your messages. Although
Belfim reserves the right to remove without notice any Forum posting for any
reason, we have no obligation to delete content that you may find objectionable
or offensive. By uploading materials to any Forum or submitting any materials to
us, you automatically grant (or warrant that the owner of such materials has
expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from and distribute such materials or incorporate such
materials into any form, medium, or technology now known or later developed
throughout the universe. In addition, you warrant that all so-called "moral
rights" in those materials have been waived.
Your privilege to use the Belfim Forums and contribute to discussions on
the Belfim Forums depends on your compliance with the member conduct
guidelines set forth above. Belfim may revoke your registration privileges
and/or take any other appropriate measures to enforce these guidelines if
violations are brought to our attention. Further, Belfim, in its sole
discretion, may terminate your membership or participation in any community,
chat room or other Forum for any reason.
Belfim reserves the right to monitor some, all, or no areas of Belfim
Forums for adherence to these or other rules that may be published from time to
time. You acknowledge that by providing you with the ability to distribute your
content, Belfim is acting as a passive conduit for such distribution and
Belfim is not undertaking any obligation or liability relating to any content or
activities on the Web Site or in any Forum or Forum area.
Submissions
By posting or submitting content to this site, you grant Belfim and its
affiliates and licensees the right to use, reproduce, display, perform, adapt,
modify, distribute, have distributed, and promote the content in any form,
anywhere and for any purpose; and warrant and represent that you own or
otherwise control all of the rights to the content and that public posting and
use of your content by Belfim will not infringe or violate the rights of
any third party.
If you send us creative suggestions, ideas, notes, drawings, or other
information (collectively, the "Submissions"), the Submissions shall be deemed,
and shall remain, the property of Belfim. None of the Submissions shall be
subject to any obligation of confidence on the part of Belfim, and
Belfim shall not be liable for any use or disclosure of any Submissions. Without
limitation of the foregoing, Belfim shall exclusively own all now known or
hereafter existing rights to the Submissions of every kind and nature throughout
the universe and shall be entitled to unrestricted use of the Submissions for
any purpose whatsoever, commercial or otherwise, without compensation to the
provider of the Submissions.
Links
The Belfim Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Belfim has no control
over such sites and resources, you acknowledge and agree that Belfim is
not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that Belfim shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
DISCLAIMER
Belfim uses diligent efforts to maintain the Belfim Service, but
Belfim is not responsible for any defects or failures associated with the
Belfim Service or any damages (such as lost profits or other consequential
damages) that may result from any such defects or failures. In addition,
Belfim makes no guarantees as to the sites and information located worldwide
throughout the Internet to which you may access as a result of the use of the
Belfim Service, including as to the accuracy, content, or quality of any such
sites and information.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE BELFIM SERVICE IS PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE
RISK. BELFIM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, BELFIM MAKES NO WARRANTY THAT THE
BELFIM SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE
BELFIM SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE
BELFIM SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
BELFIM SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE
BELFIM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE
TERMS OF USE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BELFIM SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BELFIM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE BELFIM SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE BELFIM SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE BELFIM SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE BELFIM SERVICE. IN NO EVENT SHALL BELFIM' TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR
PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL
ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND
HOLD HARMLESS FOUYE NETWORKS, INC AND ITS OFFICERS, DIRECTORS, EMPLOYEES,
CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES
AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR
USE OF THE BELFIM SERVICE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR
INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY
INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO
IMMEDIATELY NOTIFY BELFIM OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY
OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and Modification
You agree that Belfim, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Belfim Service, and
remove and discard any Content within the Belfim Service, for any or no
reason. Belfim may also in its sole discretion and at any time discontinue
providing the Belfim Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Belfim Service under
any provision of this Terms of Use may be effected without prior notice, and
acknowledge and agree that Belfim may immediately deactivate or delete
your account and all related information and files in your account and/or bar
any further access to such files or the Belfim Service. Further, you agree
that Belfim shall not be liable to you or any third-party for any
termination of your access to the Belfim Service.
COPYRIGHT AND COPYRIGHT NOTICES
Belfim respects the intellectual property of others, and we ask our users
to do the same. Belfim may, in appropriate circumstances and at its
discretion, terminate the accounts of users who infringe the intellectual
property rights of others. If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide Belfim'
Copyright Agent 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 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.
|
