Terms of Service
VIP Service is an enhanced level of access provided within The BigScreen Cinema Guide (BigScreen) contains information which may be of interest to moviegoers and entertainment industry professionals about movies and the movie industry from BigScreen and third parties. Your access to and use of the VIP Service is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "BigScreen," "we," "us" or "our" refers to The BigScreen Cinema Guide, and "you" or "your" refers to you, the user of the VIP Service. The Agreement below is the agreement you consented to upon subscribing to the VIP Service. This Agreement does not apply to use of the publicly available Web Site maintained by The BigScreen Cinema Guide.
Acceptance of Terms
The BigScreen Cinema Guide provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of BigScreen's TOS at any time at:
Your use of BigScreen's VIP Service constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement").
Description of Service
VIP Service provides users with access to a rich collection of resources throughout the site. VIP Service includes a full copy of the current BigScreen.com site without banner and pop-up advertising, and may also include special features available only to VIP Service subscribers. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that VIP Service is provided "AS-IS" and that BigScreen assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the VIP Service by subscribing through BigScreen's subscription page and understand that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the VIP Service.
Modifications to Service
BigScreen reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the VIP Service (or any part thereof) with or without notice. You agree that BigScreen shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the VIP Service.
BigScreen may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use BigScreen after the notice is posted, you are indicating your acceptance of those changes.
Fees And Payments
BigScreen will charge you fees for access to the VIP Service. In order to use the VIP Service or designated portions of the Service, you will be required to register and create an account. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. BigScreen reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
Your right to use the VIP Service is subject to any restrictions established by BigScreen or by your payment institution. If payment is returned to BigScreen for any reason, including charge back, BigScreen reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password stored on our site), you must promptly change your password and notify BigScreen of the problem by giving notice via the Feedback Form.
Registration and Account Creation
As part of the registration and account creation process required to obtain access to the VIP Service, you will select a username and a password. You will provide BigScreen with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting our Edit Account page). You are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your VIP Service account including, but not limited to, use of the account by any person authorized by you to use your subscriber ID and password.
Non-Transferability of Subscription
Your right to use this site is personal to you and you may not sub-license, transfer, sell, or assign this agreement to any third party without our approval. Any attempt to do so will cause your account to be removed (without refund).
Subscription Renewal and Cancellation
Subscription periods are yearly, with renewals coming due on the date of your last payment applied to your account. Previous to your subscription term ending, you may be notified via the site and/or E-Mail, requesting payment to renew your subscription. Failure to provide payment before the end of your subscription term will result in the loss of VIP Service privileges until payment is received and verified. Automated payments through PayPal subscriptions are subject to any and all rules and conditions imposed by PayPal and its associated entities.
You may cancel your subscription at any time but you will not receive a refund of any portion of your subscription fee. To cancel an automated subscription through PayPal, please see the section titled "Cancelling Your Subscription" in the Subscribe to VIP Service page.
Refusal or Discontinuance of Service
BigScreen reserves the right to refuse service to any user for any reason. Such refusal will be in the form of non-acceptance and/or refusal of payment. We also reserve the right to refuse or discontinue service to any user for non-compliance with these Terms of Service.
Sponsors, Third Parties, and Advertisers
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers found on or through this site, 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 sponsor, third party, or advertiser. You agree that BigScreen 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 sponsors, third parties, or advertisers on the Service.
BigScreen may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that BigScreen 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, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BigScreen 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 OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE VIP SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIGSCREEN 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.
2. BIGSCREEN 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, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. 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.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIGSCREEN OR THROUGH OR FROM THE VIP SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY BIGSCREEN OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
6. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY BIGSCREEN AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIGSCREEN 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 BIGSCREEN 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.
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. IF YOU ARE GOVERNED BY SUCH A JURISDICTION, YOU ARE NOT ABLE TO USE THIS SITE OR THE VIP SERVICE.
All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up this site are protected by copyrights and other intellectual property rights owned and controlled by BigScreen or by other parties that have licensed their material to us. Exceptions include those materials which are copyrighted to other parties, which may or may not be noted in each instance, in which case, the rights of the original copyright holders apply without exception. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.
If you suspect that BigScreen's content or trademarks are being misused please contact us via our feedback form as soon as possible.
Restrictions on Use
You may not use BigScreen or its content for any illegal purpose or in any manner inconsistent with these Terms of Service. You agree to use BigScreen solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
The failure of BigScreen 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. 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.
You agree to indemnify, defend and hold BigScreen harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
|2005-10-24||Clarified text in "Subscription Renewal and Cancellation" paragraph to reflect how PayPal handles automated billing of subscriptions and E-Mail notices. Provided link to cancellation information on Subscribe page.|
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