Modified March, 2008
Welcome to GREEKFLIX™ – a social network site exclusively for the Greek community. These Terms of Use (“Agreement”) govern your use of the website and content and we ask that you review these terms which will signify your binding.
YOUR ACCEPTANCE:
By using the GREEKFLIX™ community (the "Community") own by MCUBE ENT GROUP LLC. (GREEKFLIX™ , "us", or "we") operates on our website, located at http://www.greekflix.com (the "Website"), you agree to be bound by these Terms of Service (this "Agreement"), whether or not you register as a member of the Greek Community ("Organization, Member, Affiliate, or Guest"). The GREEKFLIX™ services (the "Services") consist of the Community and the Website. If you wish to become a Member and/or user the GREEKFLIX™ Services, these terms of service rules will apply. If you do not agree to these terms, do not use the GREEKFLIX™ website. This Agreement sets out the legally binding terms for your membership and may be modified by GREEKFLIX™ from time to time. Any modifications shall be effective upon postings by GREEKFLIX™ Website.
Additional Terms:
In addition, you may be subject to additional guidelines, terms, or rules applicable to the functionalities and features of the website, which may be posted from time to time. All such Additional Terms of GREEKFLIX™ privacy Policy is hereby incorporated by reference into this 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 SIXTEEN (16) YEARS OF AGE OR OLDER. BY ACCESSING AND USING THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST SIXTEEN (16) YEARS OLD. By using the Services, 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 Website and have not yet registered to become a Member, your use of the Website is still subject to this Agreement; if you do not agree to this Agreement, do not use the Services.
2. PASSWORD.
Since GREEKFLIX™ allows users to have admin rights to create chapter pages for their fraternity or sorority. When you sign up to become an Admin or Member, you will also be asked to choose a username and a password for your Admin profile and member profile. You are entirely responsible for maintaining the confidentiality of your passwords. You agree not to use the 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 profile or access to your password. You are solely responsible for any and all use of your Member profile.
3. TERM.
This Agreement will remain in full force and effect while you use the Services and/or are an Admin or Member. You may terminate your membership at any time, for any reason by following the instructions on the "Help" pages, or upon receipt by GREEKFLIX™ of your written or email notice of termination. GREEKFLIX™ may terminate your access to the Website. GREEKFLIX™ 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 GREEKFLIX™.
4. ADVERTISERS & THIRD PARTY SITES:
GREEKFLIX™ may include links to third party websites that are not owned of operated by GREEKFLIX™. We have no control over and assumes no responsibility for the content, privacy policies, or practices of any third party website. Links to third party websites on GREEKFLIX™ does not mean we endorse their sites and/or services. Companies, and/or business may sponsor a Fraternity or Sorority Premium Page or create one their own. GREEKFLIX™ services are mainly for the Greek community and GREEKFLIX™ deserves all rights to deny any business or organization to create a Premium channel site that does not promote a positive Greek or College image. Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the other harmful Website within your own will be investigated, and appropriate legal action will be taken. By using GREEKFLIX™, you acknowledge, agree, and relieve GREEKFLIX™ from any and all liability for any content or other materials on third party sites. These Terms of Use also apply to contributors of news & information, events, video, or other materials or services on the Website. Content from other Members, advertisers, and other third parties may be made available to you through the Services. Because we do not control such Content, (1) you agree that we are not responsible for any such Content and (2) 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.
5. PROPRIETARY RIGHTS IN THE SERVICE.
GREEKFLIX™ owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of GREEKFLIX™, and its licensors, including other hi5 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 Services 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 and material included therein.
6. CONTENT POSTED ON THE SERVICES.
You understand and agree that GREEKFLIX™ may (but is not obligated to) review any classified ads, 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 Services and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of GREEKFLIX™ 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 Services, you automatically grant, and you represent and warrant that you have the right to grant, to GREEKFLIX™ 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 Website ("Prohibited Content"). GREEKFLIX™ 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) promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;
(d) 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;
(e) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(f) displays pornographic or sexually explicit material of any kind and in any form;
(g) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(h) 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;
(i) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users;
(j) 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
(k) otherwise violates the terms of this Agreement or creates liability for GREEKFLIX™.
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. COPYRIGHT POLICY.
All Logos utilized throughout GREEKFLIX™ of an organization, by description, item, or event, is protected by copyright and/or trademark of that organization. It is believed the use of low-resolution images hosted on the GREEKFLIX™ Website is of logos for certain uses involving identification and critical commentary may qualify as fair use under United States Copyright law. Any other use of posted logos and images, on the GREEKFLIX™ Website, may be copyright infringement. Use of any logos does not imply endorsement of the organization by GREEKFLIX™ or its subsidiaries, nor does imply endorsement of GREEKFLIX™. Members of the GREEKFLIX™ community 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 Services in a way that constitutes copyright infringement, please provide 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. Also provide the 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 Website; your address, telephone number, and email address.
Report all claims to:
MCUBE ENT GROUP, LLC.
Attn: Copyrights
P.O Box 8150
Garfield, NJ 07028
copyrights@greekflix.com
9. MEMBER DISPUTES.
Your interactions with other Members in connection with the Services 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 GREEKFLIX™ will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Members use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), GREEKFLIX™ is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.
10. RELEASE.
To the extent permitted under applicable laws, you hereby release GREEKFLIX™ from any liability related to: (1) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services or Member, or by any of the equipment or programming associated with or utilized in the Services; (2) the conduct, whether online or offline, of any user of the Services or Member; (3) 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 website, 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 Services; (4) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Website and/or Members, whether online or offline; and (5) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Website user or Member communications.
11. DISCLAIMER.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND GREEKFLIX™ 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 GREEKFLIX™ DOES NOT GUARANTEE AND DOES NOT PROMISE (1) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (2) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (3) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (4) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. GREEKFLIX™ DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE. 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.
12. LIMITATION ON LIABILITY.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, GREEKFLIX™ 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 SERVICES, EVEN IF GREEKFLIX™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU SPECIFICALLY ACKNOWLEGE THAT GREEKFLIX™ SHALL NOT BE LIABLE FOR USER SUBMISSIONS OF THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. GOVERNING LAW AND ARBITRATION.
The laws of the State of New Jersey and/or the laws of the jurisdiction where you are located; shall govern this Agreement. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the services. GREEKFLIX™ may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
14. ELECTRONIC COMMUNICATIONS.
The communications between you and GREEKFLIX™ use electronic means, whether you visit the Website or send us emails, or whether GREEKFLIX™ posts notices on the Services or communicates with you via email. For contractual purposes, you (1) consent to receive communications from GREEKFLIX™ in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GREEKFLIX™ 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.
15. INDEMNITY.
You agree to indemnify and hold GREEKFLIX™, its subsidiaries, affiliates, officers, operating managers, 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 Services 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.
16. GENERAL.
Your use of the GREEKFLIX™ Website following any amendment of these Terms of Use will signify your assent to and acceptance of any revised terms. You agree that this Agreement is accepted upon your use of the GREEKFLIX™ website or any of the Services and is further affirmed by you becoming a Member. This Agreement contains the entire agreement between you and GREEKFLIX™ regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS STATED.
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