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MoreFlicks.com (“the Website”) primarily features a search engine that enables visitors to identify where film and television media are available online or in other venues; that provides, where applicable, summary plots, production notes, ratings, and/or credit and cast information pertaining to the film and television media that are being searched; and that provides - and may provide in the future - additional functions that include, but are not limited to, enriching visitors’ search experience by enabling them to select and save lists and personal search preferences (all of which are hereinafter referred to as “the Service”). The Service is offered on an as-is basis, for general information purposes, and should not be relied upon for any other purposes other than as explicitly set out herein.
*****As of the launch of the Website, and up to the time of the posting of these Terms of Use and thereafter, until further notice, it should be understood that the Website and the Service are currently in beta-testing mode**********
These Terms of Use (“the Agreement”) govern all matters pertaining to your presence on the Website and/or your use of the Service. This Agreement governs the entirety of your understanding and relationship with Innovertix Inc. (“we”, “us”, or “our”), the owner and operator of the Website offering the Service. The Service is currently being offered to you for free, on a non-profit basis, but we may opt, at any time in the future, and in our sole discretion, to convert the Website and Service for commercial use, at which point a revision to the Agreement will be posted to the Website to reflect the change in status of the Website and the Service.
We reserve the right to add, delete and/or to modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting any revised, updated, and/or new Agreement on the Website. As a condition of your use of the Service, you acknowledge and accept that it is your sole responsibility to keep current as to any changes to the Agreement that may be posted from time to time on the Website. Accordingly, your continued use of the Service, following the posting of any revisions to the Agreement on the Website, and/or following the delivery by email to you of notification of such changes, will constitute binding acceptance of the Agreement. Any changes to the Agreement are effective immediately upon being posted to the Website.
Your use of the Service represents your intention and agreement to be bound by all the terms in the Agreement. You represent that you are at least eighteen (18) years of age, and that you are competent and have the capacity to enter into the Agreement.
You agree to comply with all applicable laws and regulations in connection with your use of the Service, including, but not limited to, any and all intellectual property laws (see section under Intellectual Property below). If setting up an account on the Website, you further agree that you will not use your account, or enable your account to be used by a third party, to engage in any illegal activity or in any activity that could reasonably be construed as being illegal.
If you are registering an account on the Website, you represent that the registration information provided is accurate and complete, and that it is your responsibility to keep your registration information current and up-to-date.
You are responsible for maintaining the security and confidentiality of your username and password upon the setting up of an account on the Service, and are liable for any harm resulting from your disclosure, or your enabling of such disclosure, whether intentional or otherwise, to any third party of your username and password. Minors - anyone below the age of 18 - are not authorized to set up an account on the Website. If you are a parent, and disclose your account information to a minor child in order that they may access and use the Service through your account, you accept that such disclosure is at your sole risk, and that you will be solely responsible for any damages and harm that may result from access to, and use of, your account by your minor child. In the event of a breach of security, you will remain liable for any unauthorized use of the Service until you notify us in writing, either by letter or by email.
Violations of the Agreement, including, but not limited to, the Usage and Account Policy herein, may result in termination of your account, without any right of appeal or prior notice. Additionally, you may be held responsible for any and all damages incurred by us by reason of your violation(s) of the Agreement, including, but not limited to, associated attorney fees and costs.
As a condition of accessing the Website and/or using the Service, you undertake to respect all intellectual property interests, including, but not limited to, all logos, graphics, trademarks, copyright, and software. You further undertake not to exploit your access to the Website and the Service as a means to further your online presence with the public, whether for commercial reasons or otherwise, through means that consist of, but are not limited to: the duplication of any content and/or data taken from the Website; the compilation, for commercial use, of any content and/or data taken from the Website; the exploitation of software or technological processes, whether for commercial uses or otherwise, obtained as a result of your access to the Website and the Service; and/or any action that could reasonably be construed as imitating the overall set-up, design, and framework of the Service as offered on the Website.
As a condition of your use of the Service, you acknowledge and accept that we do not control - nor are we responsible for - the accuracy and/or appropriateness of any data, content, services, or products (including software) that you access, download, receive or buy in the course of, or are motivated due to, using the Service. You acknowledge and understand that the Service is being primarily marketed and offered to you as a free search engine; however, you acknowledge and agree that we are not in a position to determine your particular reasons for using the Service. You further acknowledge and agree that we are not in the position to determine whether you are using the Service to facilitate contractual relations with any particular third party, and that, accordingly, you acknowledge and agree that using the Service to facilitate access to, and/or contractual relations pertaining to, any third party services and/or content is solely at your own risk and discretion.
We claim no intellectual property rights whatsoever in any third party content that is featured through the use and operation of the Service. Accordingly, you acknowledge and understand that we are not a publisher of third party content accessed through the Service, and that all content and data pertaining to the specific description of film and television media - including, but not limited to, graphics, logos, ratings, plot summaries, and production notes - are the property of the corporations and/or entities from which such content and/or data are being sourced. Accordingly, we are not responsible for the accuracy, reliability, and appropriateness of any third party content and information - including, but not limited to, all graphics, ratings, summaries, and production notes - that are being sourced from third parties through the Service. You are responsible for paying all fees and charges of any third party vendors whose sites, products, or services you access, buy, or use in the course of, or by being motivated due to, using the Service.
Having regard to the foregoing, you acknowledge and agree that we cannot warrant the overall accuracy and reliability of the Service as a means by which to ascertain the quality, value, and overall availability of any film or television property described through use of the Service. Using the Service for such purposes is at your sole risk and discretion.
As a condition of using the Service, you further acknowledge and understand that we do not hold ourselves out as having any special relationship with, nor do we endorse the services and content of, the third parties from which the aforementioned content is being sourced, other than as explicitly specified herein. You acknowledge, understand, and accept that our provision on the Website of links to third parties are provided for information purposes only and/or as a result of Affiliate Agreements that we have entered into, and/or may enter into, with various third parties from which the aforementioned content is being sourced. You understand and accept that your access to third parties through these links is at your sole risk and responsibility, and that you shall not hold us responsible for any damages whatsoever that you may experience consequent to your accessing of any links to third parties provided on the Website.
We endeavor to protect the privacy of those who access the Service to the best of our ability. The compilation and/or saving of search preferences and lists, through your account, is for your convenience only, in order to enhance the quality of your experience on the Website. We do not compile information on search preferences and saved lists in order to share such information with third parties, nor do we sell any user information on browsing and search activities on the Website to third party marketers. Your account information is private and will not be shared, sold, or marketed to third parties.
The Website does not, and will not, actively monitor user activity for inappropriate behavior, nor do we maintain direct logs of any visitor’s or account holder’s activities on the Website. However, we reserve the right to investigate matters we consider to be illegal or violations of the terms of the Agreement. We will never intentionally disclose any private electronic communication or personal customer information unless required to do so by law enforcement or by operation of law.
If you choose to use the Service to access links to web sites, services, or content from parties that require your personal information in order to access their services and/or content, you acknowledge and agree that we cannot be made responsible and/or liable by you for any personal information that you provide to a third party in order to access their services and/or content. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy, and other policies (if any), and not ours. Accordingly, you understand and agree that we have no responsibility for, and knowledge of, third party privacy policies, nor do we have responsibility for, and knowledge of, their or your compliance with such policies.
As a condition of your use of the Service, you further acknowledge and accept that we are bound to comply with any and all legal notices that may be delivered to us, whether from private or public sources, including, but not limited to, any legal notices relating to applicable statutes and regulations.
Pursuant to the delivery of any legal notice, we may be required to block access through the Service to certain information, transmissions, third party services, products, or domains in order to protect the Service, our network, the public, and our users.
The Service is currently being offered to you as a gratuity, with no obligation by us to you whatsoever, either express or implied. You expressly agree that use of the Service is at your sole risk, and that, as a condition of your using the Service, you undertake not to seek any legal action against us for whatever reason, arising from, but not limited to, any damages and/or injury, whether direct or indirect, whether foreseeable or unforeseeable, that you have sustained by reason of your use of the Service. We do not warrant that the Service will be error-free or uninterrupted, nor do we guarantee the continued availability of the Service. The Service is provided on an “as is”, “as available” basis, without warranties of any kind, either express or implied. We do not make any warranty as to the results that may be obtained from your use of the Service. You understand and agree that we do not deal with, nor can we control, the content and/or data that you may cause to be delivered to you through your accessing of links to third parties in the course of using the Service. You further understand and agree that, other than as specified herein, we have no relationship with, nor do we endorse, nor do we hold ourselves out to be endorsed by, any third party content provider that may deliver content to you consequent to your use of the Service. Accordingly, you understand and agree that any decision you make to receive content and/or data consequent to your use of the Service is at your sole risk and responsibility, and that we shall bear no liability from you whatsoever arising out of your use of the Service.
Though the Service is currently being offered as a gratuity, we reserve the right, in our sole discretion, to convert the Service, at any time, into a for-profit commercial enterprise, at which point we may post a revision to this Agreement on the Website, reflecting the change in the commercial status of the Website. Your continued use of the Service subsequent to such posting shall be taken as your agreement to be bound by the terms and conditions of the revised Agreement as posted.
Accordingly, you acknowledge and agree that it is your responsibility, prior to each instance of accessing the Website and the Service, to ensure that you are familiar with the most current version of the Agreement as posted.
We reserve the right, at our sole discretion, to terminate and/or block your access to the Website and the Service for any reason. Accordingly, you acknowledge and accept that, if you register an account on the Website, your search preferences and saved lists will be purged from our system upon the termination of your account, and that you will thereafter have no right to access the search and list information you have saved and compiled on the Website through your account.
As a condition of your use, and/or your continued use, of the Service, you undertake not to employ your account and registration with us as a means to gather information and/or insight for use - on behalf of yourself and/or on behalf of any associate, whether personal or corporate - toward the development of any business enterprise that could reasonably be deemed to be competitive with the Website and the Service. As a condition of your use, and/or your continued use, of the Service, you acknowledge and understand that we reserve the right to seek full damages and compensation, including, but not limited to, an accounting of revenues, arising out of the exploitation of your position and perspective as an account holder toward the development of, or assisting anyone, whether personal or corporate, toward the development of, any business enterprise that could reasonably be deemed as competitive with the Website and the Service.
In the event that any term in the Agreement is held to be vague, uncertain, or invalid, all other terms shall nevertheless remain in full force and effect. Where any term or circumstance under the Agreement is held to be vague or uncertain, it is agreed by you that the resolution of any vague or uncertain terms or circumstances shall be made in accordance with the overall spirit, general purpose, commercial intent, and undertakings as set out in this Agreement.
This Agreement shall in all respects be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.