Terms and Conditions of Use
Please read the terms and conditions of use before using the Reel Buddy iPhone App. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE.
1. User Acceptance and Consent to Terms and Conditions of Use
Welcome to Reel Buddy (for simplicity and completeness, reference to "Reel Buddy" will include the Reel Buddy website as well as any and all services provided by Reel Buddy). By using or registering for the services offered on Reel Buddy, users and the entities or persons they represent ("User", "Users", or "you") agree to be legally bound and abide by the terms, conditions, and notices set forth or referenced herein (the "Terms of Use").
Reel Buddy reserves the right to change the Terms of Use from time to time and at its sole discretion. It is each User's responsibility to inform himself or herself of the Terms of Use and monitor any changes. You can review the most current version of the Terms of Use at any time at: http://www.reelbuddy.com. Your continued use of Reel Buddy following the posting of any changes to the Terms of Use, whether or not you have informed yourself of the changes, constitutes acceptance of those changes. Additionally, when you (a) purchase a movie ticket, (b) complete the member registration process, (c) use the customer rating and review service, or (d) use any other service offered by Reel Buddy, you agree to the Terms of Use and any and all applicable purchase policy terms, which are incorporated herein by reference. If you do not agree to the Terms of Use please do not use Reel Buddy. Any terms and conditions proposed by you which are in addition to or which conflict with the Terms of Use are expressly rejected by Reel Buddy and shall be of no force or effect. You represent that you have read and agree to be bound by the Terms of Use, including our purchase policy terms and our Privacy Policy located athttp://www.reelbuddy.com.
2. Registration; Member Account Creation and Security
In consideration of your use of the Reel Buddy site and the Reel Buddy service, you agree to:
If you provide any information that is untrue, inaccurate, not current or incomplete, or Reel Buddy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Reel Buddy reserves the right to suspend or terminate your account and refuse any and all current or future use of Reel Buddy and its affiliates.
As part of the registration and account creation process necessary to obtain access to portions of the Reel Buddy site that require a fee or payment, you will select a subscriber identification ID and a password. You will provide Reel Buddy with certain registration information, all of which must be accurate and updated. You shall not
You shall be solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to and shall (i) immediately notify Reel Buddy of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information, and (2) ensure that you exit from your account at the end of each session. You are solely responsible for all usage or activity on your Reel Buddy account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password.
Any fraudulent, abusive, or otherwise illegal activity is grounds for termination of your account. And, in the event of fraudulent, abusive or otherwise illegal activity, Reel Buddy may refer you to appropriate law enforcement agencies. Reel Buddy cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. Access and use of password protected and/or secure areas of the Reel Buddy site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Reel Buddy site may be subject to prosecution.
3. Cookies
This website sometimes places "cookies," i.e., small pieces of text consisting of one or more name-value pairs containing bits of information such as user preferences, on a user's computer, via the user's web browser. You have the right to opt out of such use through your web browser's settings, which allow you to decide whether or not to accept cookies.
For more information about the use of certain other information about you, please see our Privacy Policy.
4. Privacy Policy
Your Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy located at http://www.reelbuddy.com.
5. Users Opinions, Comments and Disputes
Users may elect to submit their opinions regarding movies and products found on Reel Buddy; typically, this is done in the context of chat rooms, message boards, forum discussions or comment sections. These Users' comments or opinions are meant to be informative for fellow Users who elect to read or use them. These comments or opinions are exclusively those of the User who post them and are not necessarily the opinion of Reel Buddy. Moreover, Reel Buddy does not and cannot guarantee the accuracy or veracity of these opinions or comments.
Reel Buddy is not responsible for screening, policing, editing, or monitoring the content posted by Users on the Reel Buddy site. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, Reel Buddy may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such content. Reel Buddy will terminate, under appropriate circumstances and in its sole discretion, any User(s) deemed to be repeat infringers of copyrights or these Terms of Use.
Notwithstanding the foregoing, neither Reel Buddy, nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither Reel Buddy, nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communications, or content on the Reel Buddy site.
You are solely responsible for your interactions with other Reel Buddy Users. Reel Buddy reserves the right, but has no obligation, to monitor disputes between you and other Users.
6. License; Permitted Use
You acknowledge and agree that you are only authorized, in accordance with and pursuant to the Terms of Use, to visit, view and to retain a copy of pages of Reel Buddy's site for your own personal, noncommercial use; and that you shall not sell, duplicate, download, publish, modify, display, publicly perform, distribute or otherwise use Reel Buddy for any purpose other than to review movie and promotional information, for personal use, or to purchase tickets for your personal use, unless otherwise specifically authorized by Reel Buddy to do so. As an express condition of your use of Reel Buddy, you warrant to Reel Buddy that you will not use Reel Buddy for any unlawful purpose or purpose prohibited by the Terms of Use. You also agree not to link or deep-link to the site for any purpose, unless specifically authorized by Reel Buddy to do so, or pursuant to and in accordance with the Link to Us Terms and Conditions as incorporated herein. Please see our Link to Us Terms and Conditions located at http://www.reelbuddy.com.
You acknowledge and agree that you acquire absolutely no rights or licenses in or to Reel Buddy, its site, its services and/or its materials contained therein other than the limited right to utilize Reel Buddy in accordance with the Terms of Use. Should you choose to download content from Reel Buddy, you must do so in accordance with the Terms of Use. Such download is licensed to you by Reel Buddy ONLY for your own personal, noncommercial use in accordance with the Terms of Use and does not transfer any other rights to you. If you violated any part of the Terms of Use, your permission to use Reel Buddy automatically terminates and you must immediately destroy any copies you have made of any material obtained through the site.
7. Rules Of User Conduct; User's Grant Of Limited License; User-generated Content Rules
(a) Rules of User Content; Service Limitations. You acknowledge and agree 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 whom or entity from which such Content originated. This means that you, and not Reel Buddy, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Reel Buddy site. Reel Buddy does not control the Content posted on the site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You further acknowledge and agree that by using Reel Buddy, you may be exposed to Content that is inaccurate, incomplete, offensive, indecent or objectionable. Under no circumstances will Reel Buddy 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 or otherwise transmitted via the Reel Buddy site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Reel Buddy site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:
You also agree that you WILL NOT:
You acknowledge and agree that Reel Buddy may preserve Content and User Content (defined below) and may also disclose Content and User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
You understand that the technical processing and transmission of the Reel Buddy service, including your Content, may involve:
(b) User's Grant Of License. By posting or submitting Content to any User-submit areas of the Reel Buddy site ("User Content"), you automatically grant, or warrant that the owner of such content has expressly granted, Reel Buddy and its affiliates and licensees the royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, display, perform, adapt, modify, publish, translate, sublicense, copy, distribute, have distributed, create derivative works from, and/or sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you, and/or promote the content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Reel Buddy will not infringe or violate the rights of any third-party. You also permit any other User to access, store, or reproduce the User Content for that User's personal use. All User Content that you submit may be used at Reel Buddy's sole discretion. Reel Buddy reserves the right to change, condense or delete any content on the Reel Buddy site that it deems, in its sole discretion, to violate the content guidelines or any other provision of the Terms of Use. Reel Buddy does not guarantee that you will have any recourse through Reel Buddy to edit or delete any of your User Content. Reel Buddy reserves the right to remove or to refuse to post any User Content for any reason. You acknowledge that you, not Reel Buddy, are responsible for your User Content. None of your User Content shall be subject to any obligation of confidence on the part of Reel Buddy, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
(c) Representations and Warranties of User. In addition to all other representations and warranties of Users, by submitting any User Content to Reel Buddy you represent and warrant that:
(d) Indemnification by Users. You agree to indemnify and hold Reel Buddy, together with its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers (collectively, the "MT Parties"), harmless from all claims, demands, and damages (actual and/or consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third-party. Moreover, you agree to protect and fully compensate the MT Parties and their respective service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of Reel Buddy, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
(e) No Endorsement of User Content. You acknowledge and agree that Reel Buddy does not endorse any User Content of any user and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that Reel Buddy does not pre-screen or unilaterally monitor any User Content, but that Reel Buddy and its designees will have the right (but not the obligation) in its sole discretion to refuse, edit, move or remove any User Content.
8. Proprietary Rights; Restrictions on Use
You acknowledge and agree that the Reel Buddy site is the copyrighted property of Reel Buddy, and you further acknowledge that the Reel Buddy site contains Content, User Content and other content, some of which is owned by Reel Buddy and some of which is owned by third-parties (collectively, "Protected Content"). The Protected Content is protected by copyrights, trademarks, service marks, patents, trade secrets, international treaties and/or other proprietary rights and laws of the United States and other countries, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. All Protected Content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and Reel Buddy owns all copyrights in the selection, coordination, arrangement, and enhancement of such Protected Content and in databases pursuant to applicable laws and treaties. Except as expressly authorized by Reel Buddy, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content, in whole or in part. Notwithstanding the above, if no specific restrictions are displayed, you may make copies of selected portions of the Protected Content, provided that the copies are made only for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Systematic retrieval of data or other content from the Reel Buddy site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Reel Buddy is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Reel Buddy site or the Terms of Use.
The Reel Buddy site or any portion of the Reel Buddy site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Reel Buddy (and the copyright owner if other than Reel Buddy.) You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Reel Buddy and our affiliates without prior written consent. You may not use any meta tags or any other "hidden text" utilizing Reel Buddy's name or trademarks without the express written consent of Reel Buddy. Any unauthorized use terminates the license granted by Reel Buddy.
You agree not to use, transfer, distribute or dispose of any information contained in the Reel Buddy site in any manner that could compete with Reel Buddy's business. You agree to protect the proprietary rights of Reel Buddy and all others having rights in the Reel Buddy site during and after the term of these Terms of Use and to comply with all reasonable written requests made by Reel Buddy or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the Reel Buddy site. You agree to notify Reel Buddy in writing promptly upon becoming aware of any unauthorized access or use of Reel Buddy by any party or of any claim that Reel Buddy infringes upon any copyright, trademark or other contractual statutory or common law rights.
Illegal and/or unauthorized uses of Reel Buddy, including, but not limited to, unauthorized ticket sales, unauthorized framing of or linking to the site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
Except as provided in the preceding paragraphs, or as permitted by the fair use privilege under applicable copyright laws or treaties, if any, you may not upload, post, reproduce, or distribute for commercial purposes any materials or design elements from the Reel Buddy site protected by copyright, or other proprietary right without the express written permission of Reel Buddy. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please email us at info@reelbuddy.com.
IN FURTHERANCE OF THE ABOVE-NOTED, YOU HEREBY AGREE AS FOLLOWS: YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF REEL BUDDY, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM REEL BUDDY AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. MODIFICATION OF THE REEL BUDDY SITE OR ITS CONTENT WOULD BE A VIOLATION OF REEL BUDDY'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF REEL BUDDY FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF MOVIETICKETS. COM. FURTHERMORE, YOU MAY NOT USE ANY OF REEL BUDDY'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH REEL BUDDY'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE REEL BUDDY OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF REEL BUDDY'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.
9. Rights Reserved
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to Reel Buddy (the "Intellectual Property Rights") shall, as between you and Reel Buddy, at all times be and remain the sole and exclusive property of Reel Buddy. All present and future rights in and title to Reel Buddy (including the right to exploit Reel Buddy and any portions of Reel Buddy over any present or future technology) are reserved to Reel Buddy for its exclusive use.
10. Copyrights and Copyright Agents
Reel Buddy respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Reel Buddy's Copyright Agent the following information:
Reel Buddy's Copyright Agent for notice of claims of copyright infringement on the Reel Buddy site can be reached as follows: by mail: Copyright Agent, Legal Dept, Reel Buddy, Inc., 17330 Preston Rd, Suite 200D, Dallas, TX, 75252; by email: info@reelbuddy.com.
11. Fees and Payments
MovieTickets.com reserves the right at any time to charge fees for access or use of MovieTickets.com. If at any time MovieTickets.com requires a fee for access or the use of all or portions of MovieTickets.com, MovieTickets.com will require you to register and create an account. In no event will you be charged for access or use to all or portions of MovieTickets.com unless MovieTickets.com obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale by or through MovieTickets.com or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of MovieTickets.com through your account, and the purchase of any other products or services. Certain portions or services of MovieTickets.com may require a prepaid fee ("Prepaid Fee"). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive access or services from MovieTickets.com if a Prepaid Fee is required unless MovieTickets.com receives, in advance, all fees and charges payable by you, including the Prepaid Fee.
12. Third-Party Reel Buddy sites
Users may through hypertext or other computer links gain access to other sites on the Internet that are not under Reel Buddy's control. These sites may contain information or material that some people may find inappropriate or offensive. Should you, via a link contained herein, view content that is not provided by Reel Buddy, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Reel Buddy. You acknowledge that Reel Buddy is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such linked sites, whether actual, alleged, consequential or punitive. The inclusion of such a link does not imply endorsement of the site by Reel Buddy.
13. Disclaimer Of Warranties; Limitation of Liability
A PORTION OF REEL BUDDY'S CONTENT, INCLUDING USER CONTENT, IS SUPPLIED BY THIRD-PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD-PARTIES, INCLUDING INFORMATION PROVIDERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF REEL BUDDY. REEL BUDDY NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON REEL BUDDY BY ANYONE OTHER THAN AN AUTHORIZED EMPLOYEE SPOKESPERSON OF REEL BUDDY WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY.
YOU AGREE THAT YOUR USE OF THE REEL BUDDY SITE AND SERVICES ARE AT YOUR SOLE RISK AND ACKNOWLEDGE THAT REEL BUDDY AND ANYTHING CONTAINED THEREIN OR AVAILABLE THROUGH, INCLUDING, BUT NOT LIMITED TO, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE "ITEMS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, AND THAT REEL BUDDY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. REEL BUDDY, ITS AFFILIATES, SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT REEL BUDDY CONTENT, USER CONTENT OR SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE REEL BUDDY SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE REEL BUDDY SITE OR SERVICES ARE FREE OF VIRUSES, WORMS OR "TROJAN HORSES" OR OTHER HARMFUL COMPONENTS AND THEY ARE NOT LIABLE, JOINTLY OR SEVERALLY, FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF ANY SUCH DESTRUCTIVE FEATURES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Moreover, you agree that Reel Buddy, its suppliers and its third-party agents shall specifically have no responsibility or liability for:
Reel Buddy is not responsible for the availability, content or accuracy of the content of other Web sites, services, goods or advertisements that may be linked to, or advertised on Reel Buddy which are not maintained or controlled by Reel Buddy. Reel Buddy does not:
REEL BUDDY IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES, INTERNET AND EQUIPMENT YOU USE TO ACCESS REEL BUDDY. YOU UNDERSTAND THAT REEL BUDDY AND/OR THIRD-PARTY CONTRIBUTORS TO REEL BUDDY MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE TERMS OF USE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE MT PARTIES BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE MT PARTIES HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE REEL BUDDY OR ANY LINKS OR ITEMS ON REEL BUDDY SITE OR ANY PROVISION OF THE TERMS OF USE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. REEL BUDDY'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL REEL BUDDY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR PURSUANT TO STATUTE, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR ACCESS AND/OR USE OF REEL BUDDY.
14. Indemnification
You agree to defend, indemnify and hold harmless Reel Buddy and the MT Parties, its co-branders or other partners from any and all liabilities, claims, expenses or demand, including reasonable attorneys' fees, made by any third-party due to or arising: (i) from your use or misuse of or your connection to Reel Buddy; (ii) out of User Content you submit, post to or transmit through Reel Buddy's site or service, (iii) from your violation of the Terms of Use, or (iv) your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. Reel Buddy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Reel Buddy in asserting any available defenses.
15. Representations and Warranties
You represent, warrant and covenant that:
16. International Use
Reel Buddy makes no representation that materials on Reel Buddy are appropriate, legal or available for use in locations outside the United States and Canada, or that it is authorized for export from the United States or Canada or import into any other country. Reel Buddy's site and services are not intended for use or distribution by any person in any jurisdiction where such use or distribution is contrary to local law or regulation. Those who choose to use or access Reel Buddy's site or services from other locations do so on their own initiative and should inform themselves about and observe any such laws or regulations and consult a professional if in doubt as to the meaning of any part of the content and services of Reel Buddy. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access Reel Buddy's site or service.
17. General Information
The Terms of Use and the relationship between you and Reel Buddy shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Reel Buddy agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Palm Beach, State of Florida. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY COURT ACTION ARISING BETWEEN THE PARTIES, WHETHER UNDER THIS AGREEMENT OR OTHERWISE RELATED TO THIS AGREEMENT, AND WHETHER MADE BY CLAIM, COUNTERCLAIM, THIRD-PARTY CLAIM OR OTHERWISE. THE AGREEMENT OF EACH PARTY TO WAIVE ITS RIGHT TO A JURY TRIAL WILL BE BINDING ON ITS SUCCESSORS AND ASSIGNS. The failure of Reel Buddy to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 Terms of Use 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 Reel Buddy site or service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect or significance. You accept that Reel Buddy has the right to change the content, service or technical specification of any aspect of its site or services at any time in Reel Buddy's sole discretion. You further accept that such changes may result in your being unable to access Reel Buddy.
18. Arbitration
Reel Buddy is committed to resolving any customer concerns, and we will attempt to directly resolve your complaints. Any complaints that are still unresolved after these direct efforts will be settled by binding arbitration administered by the International Centre for Dispute Resolution in accordance with its applicable commercial rules in Palm Beach County, Florida. Requests for arbitration may be made by either party by written notice to the other party. If, within ten (10) days of issue of the request for arbitration, the parties agree to determination of the matter by a named single arbitrator, it shall be determined by that arbitrator. If, within ten (10) days of issue of a request for arbitration, the parties do not agree on a single arbitrator for determination of a specific dispute, such dispute shall be determined by a panel of three (3) arbitrators, one to be appointed by each party, with those to appoint a third arbitrator to act as chairman of the panel. The costs of the chairman of the arbitration panel, or of a single arbitrator, shall be borne equally by the parties. Each party shall pay the costs of an arbitrator appointed by that party whenever a panel of arbitrators is engaged. Each party shall be responsible for their own attorneys’ fees and related expenses, unless the arbitrator(s) award recovery of such fees and expenses to the prevailing party.
19. Termination
You may terminate your account at any time by sending an e-mail to info@reelbuddy.com. Upon termination, you will receive confirmation via e-mail that the request was received, and your account will be terminated within two (2) business days. You are responsible for all charges, if any, incurred up to the time that account is terminated.
Reel Buddy may terminate your account, with or without cause, at any time and effective immediately. Your use of Reel Buddy may terminate immediately without notice from Reel Buddy if you, in Reel Buddy's sole discretion, fail to comply with any provision of the Terms of Use.
Upon termination by you or upon notice of termination by Reel Buddy, you must immediately cease all use of Reel Buddy and destroy all materials obtained from Reel Buddy and any copies thereof.
20. Entire Agreement
The Terms of Use and any and all other terms and conditions of service on www.ReelBuddy.com, and its successor(s), represent and constitute the entire agreement between you and Reel Buddy regarding your relationship with Reel Buddy, supersedes any prior statements or representations and governs your use of the Reel Buddy's site and/or service.
21. Reel Buddy Contact Information
22. MovieTickets.com Contact Information
By registering, you are agreeing to the following terms and conditions:
Realocator is a real estate technology platform that offers users access, via websites and mobile applications, to residential real estate data from a combination of sources, including public records and the local multiple listing service (MLS). Realocator operates as a “third party” and the local MLS requires consumers to agree to certain terms and conditions before seeing certain property data. These terms and conditions apply whether you were invited to Realocator by a real estate agent or came to Realocator on your own.
You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity of the MLSs copyright to such data. You also acknowledge that the individual MLS is authorized to access this app for the sole purpose of monitoring compliance with MLS rules.
All data obtained from this app is intended only for your personal, non-commercial use. You have a good faith interest in the purchase, sale or lease of real estate of the type being offered through this app. You will not copy, redistribute or retransmit any of the data or information provided.
In addition to the above terms, you also agree to Realocator’s general Terms of Use.
General Disclaimer and Limitation of LiabilityThis app and the information, products and services associated with it are provided “as is.” Realocator disclaims any and all express or implied warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. Realocator disclaims any warranties concerning the availability, accuracy or usefulness of the information contained on this app.
Use of this app and/or Realocator’s services is at your own risk. Neither Realocator nor any of its officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable for any direct, indirect, punitive, incidental, special or consequential damages or any other injury arising out of or in any way connected to the use of this app or Realocator’s services, including also damages arising out of the inability to access this app or its services, even if Realocator had been advised of the possibility of such damages.
IndemnityBy using this app, you agree to indemnify Realocator, its officers, agents, partners and employees from and against any and all claims and damages arising out of your use of the app.
LinksOur app may contain links that direct you to third-party content. Realocator has no control over the content that is on third-party sites, and it does not endorse, sponsor, guarantee or warrant the information you may find there.
LicenseWhen using this app, you may generate certain content, including, but not limited to, location, home and Real-estate/Mortgage agents you work with and comments made by you using the app (“Content”). You hereby grant to Realocator a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly display or reproduce the Content, including without limitation distributing part or all in any media formats through any media channels, provided such use, modification, deletion or addition does not materially change the Content; except Content not shared publicly ("private") will not be distributed, displayed or reproduced unless explicitly shared by you in the app.
The following terms and conditions govern the use of Realocator for Agents and are applicable to any real estate agent who wishes to become an available Agent. Realocator is offered subject to your acceptance without modification of all the terms and conditions contained herein:
Ownership; Software, Hosting & MaintenanceThe Application and all related software, data, patent rights, copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto, including derivative works, are and shall remain the exclusive property of Realocator or its licensors. Realocator hosts the data and software for the Application and from time to time Realocator may experience outages due to software, hardware or power failures, or issues at the wireless carrier level.
Real Estate LawsRealocator shall be responsible for ensuring their respective compliance with federal, state or local laws relating any applicable MLS rules and regulations.
Data Privacy and Information SecurityRealocator shall be responsible for establishing and maintaining data privacy and information security measures that are designed to ensure the security and confidentiality of certain User data, including the contact information of Invitees, and the communications made by User while using the Application.
Disclaimer of WarrantiesThe Application is provided “as is”. Realocator and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Realocator nor its suppliers and licensors, makes any warranty that the Application will be error free or that access thereto will be continuous or uninterrupted. You agree that you shall use the Application at your own discretion and risk.
Limitation of LiabilityRealocator shall not be liable to Premiere User for any consequential, special, indirect, incidental, punitive, or exemplary damages (including, without limitation, lost profits, lost savings or loss of goodwill) suffered or incurred in connection with the exercise of any rights or licenses granted hereunder, or the performance or non-performance of any obligations hereunder.
IndemnificationYou agree to indemnify and hold harmless Realocator and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Application, including but not limited to your violation of these terms and conditions.
SupportPremiere Users may contact Realocator during normal business hours at (214)448-5588 or support@realocator.com
MiscellaneousThese terms and conditions constitute the entire agreement between Realocator and Premiere User and supersede any and all previous representations, understandings, or agreements between Realocator and Premiere User as to the subject matter hereof. These terms and conditions may only be amended by an instrument in writing signed by both Realocator and Premiere User.
North Texas Real Estate Information System (NTREIS) Claims of Copyright Infringement & Related Issues (17 USC § 512 et seq.).We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following elements:
Notices of the foregoing copyright issues should be sent as follows:
By mail:
North Texas Real Estate Information System
1950 North Stemmons Freeway # 3018
Dallas, TX 75207
United States
If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the NTREIS, please visit the website of the United States Copyright Office at: http://www.copyright.gov/onlinesp.
State Real Estate LicensesVivo Realty, Inc., d/b/a Realocator, Real Estate Broker:
Effective Date: 12/1/2015
Reel Buddy, LLC ("Reel Buddy") is committed to your privacy. This Privacy Statement describes the types of information collected from and about visitors to this website (the "Site") and how Reel Buddy may use and share such information. By using the Site, you signify your consent to the Reel Buddy Privacy Statement. This Privacy Statement explains:
We encourage you to refer to this Privacy Statement periodically so that you understand our current privacy policies.
Personal Information
We, or a third party service provider acting on our behalf ("Service Provider"), may collect personal information from you when you register with the Site; place an order on our Site; sign up for newsletters; participate in our offers and programs including sweepstakes, contests, and surveys; or otherwise contact us. This personal information may include your name, email address, zip code, gender, date of birth, race, ethnicity, income level, education level, parental status, marital status, primary language spoken in the home and, if you are making a purchase, financial account information (e.g., credit card, debit card or bank account information).
Non-Personal Information
We, or our Service Provider, may use cookies, web beacons, log files or other technologies to automatically collect certain non-personally identifiable information about visitors to our Site, use of the services on our Site, or interactions with our email and advertisements on our Site. For example, we may collect information such as your browser type, your computer operating system, Internet Protocol (“IP”) address, the domain from which you accessed the Site, viewed webpages, whether an email was opened, links that are clicked, the number of times you have viewed an ad, and whether or not you clicked on an advertisement.
Third-Party Cookies, Web Beacons and Online Tracking
We may also use third party advertisements placed by ad networks to support our Site and promotional messages. Some of these advertisers and ad networks may use your zip code or geographic location and technology such as cookies or web beacons when they advertise on our Site or in email. These advertisers and ad networks may collect and use the non-personal information described above to provide you with relevant advertisements based on your online behavior, activities on our Site and other third party sites, interactions with our email, demographic information, or information relevant to your general location so that the advertising you see on our Site or in email more closely reflects your interests. If you would like more information about this practice or to opt-out of this type of advertising, please click here. If you would like to disable web beacons used in our email, you should turn off or block “images” and/or HTML display in your email client. Note, however, that our systems may not recognize some or all Do Not Track headers from browsers.
Declining Cookies
You are free to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Check the "Help" menu on your browser to learn how to change your cookie preferences.
We, or our Service Providers, may use the information that we collect from and about you to: (1) provide services, complete transactions, and communicate with Site visitors and customers; (2) develop new products or services and improve the user experience on the Site; (3) respond to your inquiries; (4) provide you with targeted offers and advertising on the Site; (5) contact you with information and promotional materials from our company and select business partners; (6) contact you when necessary; (7) review the usage and operations of our Site and services; (8) address problems with our Site, our business, or our products and services; and (9) protect the security or integrity of our Site and our business. We may also use your information as described to you at the point of collection, with your consent. We may also use information from and about you to assemble a pool of individuals who may be invited to market research screenings of movies and/or surveys produced by Reel Buddy clients, including movie studios and producers ("Researchers"). Such Researchers may request a certain demographic group to view a movie in a particular location, for research and/or test screening purposes, and Reel Buddy will make invitations to individuals chosen at random from the Reel Buddy customer pool who meet the demographic requirements of the Researcher for the movie in the desired location. No personally identifiable information (e.g. name, email, phone number, address) is provided to the Researchers if you are anonymously included in a requested demographic group.
Unsubscribe
You may unsubscribe from promotional materials we send to you by selecting the "unsubscribe" link at the bottom of the newsletter, email, or other promotional material.
How We Share Your Information
We do not sell or rent your personally identifiable information to third parties except as described in this Privacy Statement. We may share the information we collect from and about you with respect to:
Links to Other Websites
This Site may contain links to third party websites. Reel Buddy is not responsible for the privacy practices or the content of such websites.
4. How We Protect Your Information
Safeguards We Have Taken
Reel Buddy is an affiliate partner with MovieTickets.com. We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about our customers and Site visitors. While we make every effort to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures.SSL Certificates Secure Encryption & Identity Assurance Services Provided by DigiCert® A Secure Site Seal from DigiCert® establishes your business as a legitimate, registered, and safe place to do business online. Our secure server SSL Site Seal allows customers to check your identity, and Confirm Your Integrity. DigiCert® provides security to MovieTickets.com, Inc. by enabling the encryption of data transmitted between MovieTickets.com, Inc. and your browser during an encrypted SSL/TLS session (look for the padlock).
Protect Your Username and Password
We recommend that you not share your Site username or password with anyone. Reel Buddy will never ask you for your username or password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of your Reel Buddy account and close your browser window when you have finished your session.
Children's Policy
The Site and services are intended for general audiences and Reel Buddy does not knowingly collect any personal information from children under age 13. If you are under age 18 you should use Reel Buddy only with the involvement of a parent or guardian.
Your California Privacy Rights
For California residents: We may share your personal information with unaffiliated parties for their own direct marketing purposes. To request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes, please send an e-mail to info@reelbuddy.com or write us:
Reel Buddy, LLC
17330 Preston Rd, Suite 200D
Dallas, TX 75252
Public Forums/Movie Reviews
This Site may contain message boards, user reviews, comment sections, and/or news groups available to its users. We request that you provide contact information, such as name, email, address, occupation, and interests as may be requested to be a registered bulletin board user, reviewer or commenter. This information is optional and not necessary to post messages. This information may be used by the administrator to send the user email notices. However, users may opt-out of receiving future mailings. Please remember that any information that is disclosed in these areas becomes public information and users should exercise caution when deciding to disclose personal information. If you voluntarily disclose personally identifiable information in a public area of the Site, that information may be collected and used by a third party to send you unsolicited messages, advertisements or for other purposes. Reel Buddy does not control the actions of users in public areas of the Site. If you disclose personally identifiable information in a public area, you do so at your own risk.
You may opt-out of, or choose not to receive, marketing communications from us and our partners at the point where we request your information.
Opting Out
You may choose not to receive future communications and no longer receive our service as well as remove your information from our database using the following methods:
Note: It may take up to 10-15 business days to process your request.
Updating Your Information
You may update or correct the information you previously provided to us using the following methods:
Social Media
You also can engage with our content on or through third-party social networking sites, such as Facebook, Twitter or other third-party social media plug-ins and applications. When you engage with our content on or through third party social networking sites, plug-ins and applications, you may allow us to have access to certain information from your social media profile to deliver the content or as part of the operation of the application. We may also obtain non-personally identifiable information from your interaction with our content.
When you provide information from your social media account, it can help enable us to do things like (1) give you exclusive content, (2) personalize your online experience with us within and outside our applications or websites, and (3) contact you through the social networking sites or directly by sending you the latest news, special offerings, and rewards. By doing so, you consent to the use of this information in accordance with our Privacy Statement. When you provide personal information to us through an application, on our sites, or on social networking sites, it may be publicly viewed by other members of these sites and we cannot prevent further use of the information by third parties.
Through some social networking sites' privacy settings, you can control what data you share. For more information about how social networking sites handle your personal information, please refer to their privacy policies and terms of use.
Arbitration
Reel Buddy is committed to resolving any customer concerns regarding their privacy. If you feel that your privacy may have been violated, based on the Safe Harbor Principles, we will attempt to directly resolve the complaint. Any complaints that are still unresolved after these direct efforts will be settled by binding arbitration administered by the International Centre for Dispute Resolution in accordance with its applicable commercial rules. Requests for arbitration may be made by either party by written notice to the other party. If, within ten (10) days of issue of the request for arbitration, the parties agree to determination of the matter by a named single arbitrator, it shall be determined by that arbitrator. If, within ten (10) days of issue of a request for arbitration, the parties do not agree on a single arbitrator for determination of a specific dispute, such dispute shall be determined by a panel of three (3) arbitrators, one to be appointed by each party, with those to appoint a third arbitrator to act as chairman of the panel.
Class Action Waiver
Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the AAA Supplementary Rules for Class Arbitrations do not apply to our arbitration. If, however, the law of your state would find this agreement to dispense with class arbitration procedures unenforceable, then this entire paragraph (Class Action Waiver) is unenforceable.
Revisions to this Privacy Statement
Reel Buddy reserves the right to change this Privacy Statement at any time. When we do, we will post the change(s) on the Site. If we change the Privacy Statement in a material way, we will provide appropriate online notice to you.