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3.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent
that you are of legal age to form a binding contract and
are not a person barred from receiving services under
the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by
the Service's registration form (such information being
the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete,
or UnitedFilmDirectory has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
UnitedFilmDirectory has the right to suspend or terminate your account
and refuse any and all current or future use of the Service
(or any portion thereof). UnitedFilmDirectory is concerned about the
safety and privacy of all its users, particularly children.
For this reason, parents of children under the age of
13 who wish to allow their children access to the Service
must create a UnitedFilmDirectory Family Account. When you create a
UnitedFilmDirectory Family Account and add your child to the account,
you certify that you are at least 18 years old and that
you are the legal guardian of the child/children listed
on the UnitedFilmDirectory Family Account. By adding a child to your
UnitedFilmDirectory Family Account, you also give your child permission
to access all of the Services including, email, message
boards, instant messages and chat (among others). Please
remember that the Service is designed to appeal to a broad
audience. Accordingly, as the legal guardian, it is your
responsibility to determine whether any of the Services
and/or Content (as defined in Section 6 below) are appropriate
for your child.
4. PRIVACY POLICY
Registration Data and certain other information about
you is subject to our Privacy Policy. For more information,
see our full privacy policy at http://unitedfilmdirectory/privacy.com.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are
responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all
activities that occur under your password or account.
You agree to (a) immediately notify UnitedFilmDirectory of any unauthorized
use of your password or account or any other breach of
security, and (b) ensure that you exit from your account
at the end of each session. UnitedFilmDirectory cannot and will not
be liable for any loss or damage arising from your failure
to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This
means that you, and not UnitedFilmDirectory, are entirely responsible
for all Content that you upload, post, email, transmit
or otherwise make available via the Service. UnitedFilmDirectory does
not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will UnitedFilmDirectory 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, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, 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 UnitedFilmDirectory 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, email, transmit or otherwise make
available any Content that you do not have a right
to make available 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, email, transmit or otherwise make
available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights
("Rights") of any party;
- upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes,"
or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated
for such purpose;
- upload, post, email, transmit or otherwise make
available 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
Service are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage
in real time exchanges;
- interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations
of networks connected to the Service;
- intentionally or unintentionally violate any applicable
local, state, national or international law, including,
but not limited to, regulations promulgated by the
U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
- provide material support or resources (or to conceal
or disguise the nature, location, source, or ownership
of material support or resources) to any organization(s)
designated by the United States government as a foreign
terrorist organization pursuant to section 219 of
the Immigration and Nationality Act;
- "stalk" or otherwise harass another;
- or collect or store personal data about other users.
You acknowledge that UnitedFilmDirectory may or may not pre-screen
Content, but that UnitedFilmDirectory and its designees shall have
the right (but not the obligation) in their sole discretion
to pre-screen, refuse, or move any Content that is available
via the Service. Without limiting the foregoing, UnitedFilmDirectory
and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that
you may not rely on any Content created by UnitedFilmDirectory or
submitted to Yahoo, including without limitation information
in UnitedFilmDirectory Message Boards, and in all other parts of
the Service.
You acknowledge, consent and agree that UnitedFilmDirectory may access,
preserve, and disclose your account information and
Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process;
(b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; (d) respond
to your requests for customer service; or (e) protect
the rights, property, or personal safety of UnitedFilmDirectory,
its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve
(a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied
within the Service may include security components that
permit digital materials to be protected, and use of
these materials is subject to usage rules set by UnitedFilmDirectory
and/or content providers who provide content to the
Service. You may not attempt to override or circumvent
any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution
or public exhibition of the materials provided on the
Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to comply
with all applicable laws regarding the transmission
of technical data exported from the United States or
the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE
FOR INCLUSION ON THE SERVICE
UnitedFilmDirectory does not claim ownership of Content you submit
or make available for inclusion on the Service. However,
with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service,
you grant UnitedFilmDirectory the following world-wide, royalty free
and non-exclusive license(s), as applicable:
With respect to Content you submit or make available
for inclusion on publicly accessible areas of UnitedFilmDirectory
Groups, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content
on the Service solely for the purposes of providing
and promoting the specific UnitedFilmDirectory Group to which such
Content was submitted or made available. This license
exists only for as long as you elect to continue to
include such Content on the Service and will terminate
at the time you remove or UnitedFilmDirectory removes such Content
from the Service.
With respect to photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible
area of the Service other than UnitedFilmDirectory Groups, the license
to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service
solely for the purpose for which such Content was submitted
or made available. This license exists only for as long
as you elect to continue to include such Content on
the Service and will terminate at the time you remove
or UnitedFilmDirectory removes such Content from the Service.
With respect to Content other than photos, graphics,
audio or video you submit or make available for inclusion
on publicly accessible areas of the Service other than
UnitedFilmDirectory Groups, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform
and publicly display such Content (in whole or in part)
and to incorporate such Content into other works in
any format or medium now known or later developed.
"Publicly accessible" areas of the Service
are those areas of the UnitedFilmDirectory network of properties
that are intended by UnitedFilmDirectory to be available to the general
public. By way of example, publicly accessible areas
of the Service would include UnitedFilmDirectory Message Boards and
portions of UnitedFilmDirectory Groups, Photos and Briefcase that
are open to both members and visitors. However, publicly
accessible areas of the Service would not include portions
of UnitedFilmDirectory Groups that are limited to members, UnitedFilmDirectory
services intended for private communication such as
UnitedFilmDirectory Mail or UnitedFilmDirectory Messenger, or areas off of the
UnitedFilmDirectory network of properties such as portions of World
Wide Web sites that are accessible through via hypertext
or other links but are not hosted or served by UnitedFilmDirectory.
9. INDEMNITY
You agree to indemnify and hold UnitedFilmDirectory, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post, transmit
or make available through the Service, your use of the
Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade,
resell or exploit for any commercial purposes, any portion
of the Service (including your UnitedFilmDirectory I.D.), use of
the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING
USE AND STORAGE
You acknowledge that UnitedFilmDirectory may establish general practices
and limits concerning use of the Service, including
without limitation the maximum number of days that email
messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number
of email messages that may be sent from or received
by an account on the Service, the maximum size of any
email message that may be sent from or received by an
account on the Service, the maximum disk space that
will be allotted on UnitedFilmDirectory's servers on your behalf,
and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period
of time. You agree that UnitedFilmDirectory has no responsibility
or liability for the deletion or failure to store any
messages and other communications or other Content maintained
or transmitted by the Service. You acknowledge that
UnitedFilmDirectory reserves the right to log off accounts that are
inactive for an extended period of time. You further
acknowledge that UnitedFilmDirectory reserves the right to modify
these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
UnitedFilmDirectory reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.
You agree that UnitedFilmDirectory shall not be liable to you or
to any third party for any modification, suspension
or discontinuance of the Service.
13. TERMINATION
You agree that UnitedFilmDirectory may, under certain circumstances
and without prior notice, immediately terminate your
UnitedFilmDirectory account, any associated email address, and access
to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of
the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification
to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, and (f) extended
periods of inactivity. Termination of your UnitedFilmDirectory account
includes (a) removal of access to all offerings within
the Service, including but not limited to UnitedFilmDirectory Mail,
Groups, Messenger, Chat, Domains, Personals, Auctions,
Message Boards, Greetings, Alerts and Games, (b) deletion
of your password and all related information, files
and content associated with or inside your account (or
any part thereof), and (c) barring further use of the
Service. Further, you agree that all terminations for
cause shall be made in UnitedFilmDirectory's sole discretion and
that UnitedFilmDirectory shall not be liable to you or any third-party
for any termination of your account, any associated
email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the
Service, 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 advertiser. You agree that
UnitedFilmDirectory 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 Service.
15. LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because
UnitedFilmDirectory has no control over such sites and resources,
you acknowledge and agree that UnitedFilmDirectory 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 UnitedFilmDirectory 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.
16. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that
is protected by applicable intellectual property and
other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly
authorized by UnitedFilmDirectory or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software,
in whole or in part.
UnitedFilmDirectory grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software
on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree
not to modify the Software in any manner or form, or
to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service
by any means other than through the interface that is
provided by UnitedFilmDirectory for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. YAHOO 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.
YAHOO! MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM YAHOO! OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS
ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR
SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY,
HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE
USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING
THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO! SHALL
NOT BE LIABLE TO YOU 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 YAHOO
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE 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 SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES
RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive
or request any news, messages, alerts or other information
from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections
17 and 18 again. They go doubly for you. In addition,
for this type of information particularly, the phrase
"Let the investor beware" is apt. The Service
is provided for informational purposes only, and no
Content included in the Service is intended for trading
or investing purposes. UnitedFilmDirectory and its licensors shall
not be responsible or liable for the accuracy, usefulness
or availability of any information transmitted or made
available via the Service, and shall not be responsible
or liable for any trading or investment decisions made
based on such information.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided
in this TOS, there shall be no third party beneficiaries
to this Agreement.
22. NOTICE
UnitedFilmDirectory may provide you with notices, including those
regarding changes to the TOS, by either email, regular
mail, or postings on the Service.
23. NOTICE AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
UnitedFilmDirectory respects the intellectual property of others,
and we ask our users to do the same. UnitedFilmDirectory may, in
appropriate circumstances and at its discretion, disable
and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied
in a way that constitutes copyright infringement, or
your intellectual property rights have been otherwise
violated, please provide UnitedFilmDirectory's Copyright Agent the
following information:
an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other
intellectual property interest;
a description of the copyrighted work or other intellectual
property 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
or intellectual property owner or authorized to act
on the copyright or intellectual property owner's behalf.
UnitedFilmDirectory's Agent for Notice of claims of
copyright or other intellectual property infringement
can be reached as follows:
By mail:
UnitedFilmDirectory
3244 Sutters Fort St.
North Las Vegas , NV 89032
Phone: 702.585.1320
24. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement
between you and UnitedFilmDirectory and govern your
use of the Service, superceding any prior agreements
between you and UnitedFilmDirectory. You also may be
subject to additional terms and conditions that may
apply when you use or purchase certain other UnitedFilmDirectory
services, affiliate services, third-party content or
third-party software.
Choice of Law and Forum. The TOS and the relationship
between you and UnitedFilmDirectory shall be governed
by the laws of the State of California without regard
to its conflict of law provisions. You and UnitedFilmDirectory
agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Santa Clara,
California.
Waiver and Severability of Terms. The failure of UnitedFilmDirectory
to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force
and effect.
No Right of Survivorship and Non-Transferability. You
agree that your UnitedFilmDirectory account is non-transferable
and any rights to your UnitedFilmDirectory I.D. or contents
within your account terminate upon your death. Upon
receipt of a copy of a death certificate, your account
may be terminated and all contents therein permanently
deleted.
Statute of Limitations. You agree that regardless of
any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service
or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only
and have no legal or contractual effect.
26. VIOLATIONS
Please report any violations of the TOS to our Customer
Care group.
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