The Small Print...
Welcome to the User Agreement for
moviestogogo.com/moviestogogo.co.uk ("User Agreement"). The services
available at http://www.moviestogogo.com and
http://www.moviestogogo.com are provided by Scrutineer Publishing.
("Moviestogogo", "we", "us" or "our"), are located in Brighton, East
Sussex, UK. This User Agreement describes the terms and conditions
applicable to your use of our services available under the domain and
sub-domains at http://www.moviestogogo.com (the "Site"). If you do not
agree to be bound by this User Agreement, you may not use or access our
services.
You must read, agree with and accept all of the terms and conditions
contained in this User Agreement, which includes those terms and
conditions expressly set out below and those incorporated by reference,
before you may become a user of the Site.
We may amend this User Agreement at any time by giving you notice
("Notice") by either e-mail or by posting the amended User Agreement on
the Site. Any amended User Agreement will govern new user registrations
from the date that it is posted on the Site. Existing users will be
bound by the amended User Agreement after the expiry of 30 days
following the date of a Notice. No other amendment to this User
Agreement will be effective.
This User Agreement is effective on 20 April 2004 for new registering users.
1. Membership Eligibility.
Our services are not available to, and may not be used by, persons
under the age of 18 years or to temporarily or indefinitely suspended
GoGo members. If you are under 18 years old, you can use this service
only in conjunction with and under the supervision of a parent or
guardian. If you do not qualify, please do not use our services. If you
are registering as a business entity, you represent that you have the
authority to bind that entity to this User Agreement.
2. User ID.
You must choose a User ID and password on completion of registration.
You are responsible for all actions taken under that User ID and
password and shall only use or utilise the Site using your own User ID
and password. You must use every effort to keep your password safe and
should not disclose it to any other person. You shall not transfer or
sell your User ID to any other person. You shall also not permit,
either directly or indirectly, any other person to utilise your User ID
or password.
3. Fees.
Joining Moviestogogo is free. Our fees are described in our Delivery
Details which forms part of this User Agreement. We may change this
policy at any time, and any change will be effective after the expiry
of 14 days following the date of posting in the Delivery Details on the
Site (or such later date as we may notify). However, we may choose to
temporarily change our Fees Policy and the fees for our services for
promotional events (for example, Special Offer days) and such changes
are effective when we announce the temporary promotional event on the
Site. For the avoidance of doubt, such promotional events shall not
apply to any listings on our Site at the time of the announcement. We
may in our sole discretion change some or all of our services at any
time. In the event we introduce a new service, the fees for that
service are effective at the launch of the service.
Unless otherwise stated, all fees are payable in GB Pounds sterling.
Whether you are a business or not, value added tax and other taxes may
apply to your transaction. You agree that we may issue you with
invoices in electronic format by email.
4. Your Information.
4.1. Definition "Your Information" is defined as any information you
provide to us or other users in relation to the Moviestogogo service
including the registration, your postings on any message boards and any
other content that you post within the Site. You are solely responsible
for Your Information, and we act as a mere conduit for your online
distribution and publication of Your Information.
4.2. Restrictions Your Information and your activities on our Site must not:
a. be false, inaccurate or misleading;
b. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
c. infringe any third party's copyright, patent, trade mark, trade
secret or other proprietary rights or rights of publicity or privacy;
d. be fraudulent or involve the sale of counterfeit or stolen items;
e. be in breach of any applicable laws or regulations (including, but not limited to, anti-discrimination, false advertising);
f. be obscene, indecent or contain child pornography;
g. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
h. contain any computer viruses, macro viruses, trojan horses, worms or
anything else designed to interfere with, interrupt or disrupt the
normal operating procedures of a computer or to surreptitiously
intercept, access without authority or expropriate any system, data or
personal information;
i. cause the Site to be interrupted, damaged, rendered less efficient
or such that the effectiveness or functionality of the Site is in any
way impaired.
4.3 Licence To enable Moviestogogo to use Your Information, you grant
us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) licence to exercise the
copyright, trade mark, publicity, and database rights you have in Your
Information, in any media now known or not currently known. You also
waive all moral rights you have in Your Information to the fullest
extent permitted by law.
4.4 Access and Interference. You agree that you will not: (i) take any
action that imposes, or may impose in our sole discretion an
unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute
or publicly display any content (except for Your Information) from the
Site without the prior expressed written permission of Moviestogogo, as
applicable; (iii) interfere or attempt to interfere with the proper
working of the Site or any activities conducted on the Site; or (iv)
bypass measures we may use to prevent or restrict access to the Site.
We do not authorise you to extract or re-utilise substantial parts of
our Site, or to make systematic and repeated extractions or
re-utilisations of insubstantial parts of our Site.
4.5 Your Use of Other Users' Information. In order to facilitate
interaction among all Moviestogogo members, our service allows you
limited access to other users' contact information. As a member you
have access to the User ID and other contact information of
Moviestogogo members.
By accepting this User Agreement, you agree that, with respect to other
users' personally identifiable information that you obtain through the
Site or through a Moviestogogo related communication. In addition, you
shall only use such information in accordance with applicable laws and
regulations, including without limitation data protection and privacy
laws. In all cases, you must give users an opportunity to remove
themselves from your database and a chance to review what information
you have collected about them. In addition, under no circumstances,
except as defined in this Section, can you disclose personally
identifiable information about another user to any third party without
our consent and the consent of such other user after adequate
disclosure. Moviestogogo and our users do not tolerate spam or
unsolicited commercial communications.
5. Breach.
Without limiting our other remedies, we may limit your activity on the
Site, immediately issue a warning, suspend or terminate your user
registration and refuse to provide our services to you without notice
to you: (a) if you breach this User Agreement or the documents
incorporated by reference; (b) if, despite our reasonable endeavours,
we are unable to verify or authenticate any information you provide to
us; or (c) if we believe that your actions may cause us financial loss
or legal liability.
6. Transfer of Data
We view protection of users' privacy as a very important community
principle. Please note that Your Information will be stored and
processed on our computers in the United Kingdom. Moviestogogo will
hold and transmit Your Information in a safe, confidential and secure
environment. If you object to your Information being transferred or
used in this way please do not register.
7. No Warranty.
We (and our parent, subsidiaries, affiliates, officers, directors,
agents and employees) do not guarantee continuous, uninterrupted or
secure access to our services, and operation of the Site may be
interfered with by numerous factors outside of our control. Our website
and our services are provided "as is" and as and when available, and to
the extent permissible by law we exclude all implied warranties,
conditions or other terms, whether implied by statute or otherwise,
including without limitation any terms as to skill and care or
timeliness of performance. Some jurisdictions do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not
apply to you.
8. Limitation of Liability.
Nothing in this User Agreement shall limit or exclude our liability for
fraudulent misrepresentation, or for death or personal injury resulting
from our negligence or the negligence of our, agents or employees.
Subject to the foregoing, we (including our parent, subsidiaries,
affiliates, officers, directors, agents and employees) will not be
liable for any economic losses (including, without limitation, loss of
revenues, profits, contracts, business or anticipated savings), any
loss of goodwill or reputation, or any special, indirect or
consequential damages (however arising, including negligence) arising
out of or in connection with this User Agreement. Some jurisdictions do
not allow the exclusion of incidental or consequential damages, so the
above exclusion may not apply to you.
We (including our parent, subsidiaries, affiliates, officers,
directors, agents and employees) also have no liability of any sort
(including liability for negligence) for the acts or omissions of other
providers of telecommunications services or for faults in or failures
of their networks and equipment.
9. Notices.
Unless otherwise explicitly stated, notices to Moviestogogo must be
sent by email to scrutineer@moviestogogo.com, attention The Scrutineer,
and notices to you will be sent to the email address that you provide
to Moviestogogo during the registration process (receipt is deemed 24
hours after an email is sent, unless we receive notice that the email
address is invalid).
10. Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in accordance
with English law and subject to the exclusive jurisdiction of the
English courts.
11. Dispute Resolution.
Disputes between you and Moviestogogo regarding our services may be reported to The Scrutineer.
12. Third Party Rights.
A person who is not a party to this User Agreement has no right under
the Contracts (Rights of Third Parties) Act 1999 to enforce any term of
this User Agreement but this does not affect any right or remedy of a
third party specified in this User Agreement or which exists or is
available apart from that Act.
13. General.
If any provision of this User Agreement is held to be invalid or
unenforceable, such provision shall be struck out and the remaining
provisions shall be enforceable. You agree that this User Agreement and
all incorporated agreements may be automatically assigned by
Moviestogogo, in our sole discretion, to a third party in the event of
a merger or acquisition or any other event. You and Moviestogogo are
independent contractors, and no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended or
created by this User Agreement. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope or
extent of such section. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to
subsequent or similar breaches. This User Agreement sets forth the
entire understanding and agreement between us with respect to its
subject matter. No oral explanation or oral information given by any
party shall alter the interpretation of this User Agreement.
Each of the policies may be amended from time to time and material
changes will be posted by email for which we will provide you with
thirty days notice.
Sections 3 (Fees), 4 (Your Information), 8 (Limitation of Liability),
10 (Governing Law), 11 (Dispute Resolution) and 12 (Third Party Rights)
shall survive any termination of this User Agreement.