CONDITIONS OF USE
Welcome at boostyourfilm.com. BOOSTYOURFILM and/or its affiliates (“BOOSTYOURFILM”) provide website features to you subject to the following conditions. By visiting the BOOSTYOURFILM site (the “Site”), you accept these conditions. Please read them carefully. In addition, when you use any current or future BOOSTYOURFILM service or business you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
Please review our Privacy Notice which also governs your visit to the Site, to understand our practices.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BOOSTYOURFILM or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of BOOSTYOURFILM and protected by U.S. and international copyright laws. All software used on the Site is the property of BOOSTYOURFILM or its software suppliers and protected by United States and international copyright laws.
BOOSTYOURFILM, boostyourfilm.com and other Site graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of BOOSTYOURFILM worldwide. BOOSTYOURFILM’s trademarks and trade dress may not be used in connection with any product or service that is not BOOSTYOURFILM’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BOOSTYOURFILM. All other trademarks not owned by BOOSTYOURFILM that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BOOSTYOURFILM.
LICENSE AND SITE ACCESS
BOOSTYOURFILM grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BOOSTYOURFILM. Except with express written consent of BOOSTYOURFILM, this license does not include any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other party; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BOOSTYOURFILM. 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 BOOSTYOURFILM without express written consent. You may not use any meta tags or any other “hidden text” utilizing BOOSTYOURFILM’s name or trademarks without the express written consent of BOOSTYOURFILM. Any unauthorized use terminates the permission or license granted by BOOSTYOURFILM. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as the link does not portray BOOSTYOURFILM, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BOOSTYOURFILM logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT AND ELIGIBILITY TO USE THE SITE
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password at any time. The Site is not available for use by children. You must be 18 to use the Site. BOOSTYOURFILM reserves the right to refuse service, terminate accounts, and remove or edit content.
BOOSTYOURFILM respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow send us an email to CONTACT@boostyourfilm.com
Parties other than BOOSTYOURFILM may make rights and services available on the Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these parties or the content of their Web sites. BOOSTYOURFILM does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BOOSTYOURFILM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BOOSTYOURFILM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOOSTYOURFILM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOOSTYOURFILM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM BOOSTYOURFILM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOOSTYOURFILM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim between you and BOOSTYOURFILM relating in any way to your visit to the Site or to properties contributed to, developed on or distributed by or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The French arbitration law applies to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
Likewise, BOOSTYOURFILM will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting the Site, you agree that the French Arbitration law, and the Directives of the European Union, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BOOSTYOURFILM.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other agreements, rules and notices posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, policies, and these Conditions of Use at any time. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
TOUR PART DIEU
129 RUE SERVIENT
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying BOOSTYOURFILM that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
BOOSTYOURFILM’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
129 RUE SERVIENT
TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
- By using and/or visiting this website (collectively, including all content available through the boostyourfilm.com domain name and any country- specific domains or subdomains thereof, the “BOOSTYOURFILM Website”, or “Website”, or mobile applications accessing BOOSTYOURFILM you signify your agreement to these terms and conditions (the “Terms of Service”),
- BOOSTYOURFILM’s privacy notice, found at boostyourfilm.com/privacy and incorporated here by reference, and BOOSTYOURFILM’s Community Guidelines, found at boostyourfilm.com/guidelines and also incorporated here by reference (“Agreement”). If you do not agree to any of these terms, the BOOSTYOURFILM privacy notice, or the Community Guidelines, please do not use the BOOSTYOURFILM Website.
- Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (https://boostyourfilm.com/terms-of-service/). BOOSTYOURFILM may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- These Terms of Service apply to all users of the BOOSTYOURFILM Website, including users who are also contributors of text content, information, and other materials or services on the Website.
- The BOOSTYOURFILM Website may contain links to third party websites that are not owned or controlled by BOOSTYOURFILM . BOOSTYOURFILM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BOOSTYOURFILM will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve BOOSTYOURFILM from any and all liability arising from your use of any third-party website.
- In order to access some features of the Website, you will have to create a BOOSTYOURFILM account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BOOSTYOURFILM immediately of any breach of security or unauthorized use of your account.
- Although BOOSTYOURFILM will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BOOSTYOURFILM or others due to such unauthorized use.
- You will not create an account if you are under 12 years of age.
- You will not use boostyourfilm if you are a convicted sex offender.
- You are encouraged to create no more than one account. Using multiple accounts for any malicious activity will result in immediate account termination.
- The administration of the site reserves the right to terminate any account without notice.
4. GENERAL USE OF THE WEBSITE
BOOSTYOURFILM hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without BOOSTYOURFILM ‘s prior written authorization.
- You agree not to alter or modify any part of the Website.
- You agree not to access User Submissions (defined below) or BOOSTYOURFILM content through any technology or means other than the Website itself.
- You agree not to use the Website for any commercial use, without the prior written authorization of BOOSTYOURFILM. Prohibited commercial uses include any of the following actions taken without BOOSTYOURFILM ‘s express approval: * sale of access to the Website or its related services on another website; * use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue; * the sale of advertising, on the BOOSTYOURFILM website or any third- party website, targeted to the content of specific User Submissions or BOOSTYOURFILM content; * and any use of the Website or its related services that BOOSTYOURFILM finds, in its sole discretion, to use BOOSTYOURFILM ‘s resources or User Submissions with the effect of competing with or displacing the market for BOOSTYOURFILM , BOOSTYOURFILM content, or its User Submissions.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the BOOSTYOURFILM servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, BOOSTYOURFILM grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BOOSTYOURFILM reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
- In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, BOOSTYOURFILM Community Guidelines, and all applicable local, national, and international laws and regulations.
- BOOSTYOURFILM reserves the right to discontinue any aspect of the BOOSTYOURFILM Website at any time.
5. USE OF CONTENT ON THE SITE
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the BOOSTYOURFILM Website.
- The content on the BOOSTYOURFILM Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, vice marks and logos contained therein (“Marks”), are owned by or licensed to BOOSTYOURFILM, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BOOSTYOURFILM reserves all rights not expressly granted in and to the Website and the Content.
- You may access User Submissions solely:for your information and personal use;
- as intended through the normal functionality of the BOOSTYOURFILM Service;
- You may access BOOSTYOURFILM Content, User Submissions and other content only as permitted under this Agreement. BOOSTYOURFILM reserves all rights not expressly granted in and to the BOOSTYOURFILM Content and the BOOSTYOURFILM Service.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. E. You agree not to circumvent, disable or otherwise interfere with security- related features of the BOOSTYOURFILM Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BOOSTYOURFILM Website or the Content therein.
- You understand that when using the BOOSTYOURFILM Website, you will be exposed to User Submissions from a variety of sources, and that BOOSTYOURFILM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BOOSTYOURFILM with respect thereto, and agree to indemnify and hold BOOSTYOURFILM , its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. USER SUBMISSIONS AND CONDUCT
- As a BOOSTYOURFILM account holder you may submit textual, audio, visual, or audiovisual content including but not limited to stories, poetry, polls, profile images, forum messages or instant messages. User submitted content are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, BOOSTYOURFILM does not guarantee any confidentiality with respect to any User Submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize BOOSTYOURFILM to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
- For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to BOOSTYOURFILM , you hereby grant BOOSTYOURFILM a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform the User Submissions in connection with the BOOSTYOURFILM Website. You also hereby grant each user of the BOOSTYOURFILM Website a non- exclusive license to access your User Submissions through the Website. You understand and agree, however, that BOOSTYOURFILM may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
- In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant BOOSTYOURFILM all of the license rights granted herein.
- You further agree that you will not, in connection with User Submissions, submit material that is contrary to the BOOSTYOURFILM Community Guidelines, found at boostyourfilm.com /guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
- BOOSTYOURFILM does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BOOSTYOURFILM expressly disclaims any and all liability in connection with User Submissions. BOOSTYOURFILM does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and BOOSTYOURFILM will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights or contravenes any applicable privacy legislation. BOOSTYOURFILM reserves the right to remove Content and User Submissions without prior notice.
7. ACCOUNT TERMINATION POLICY
- BOOSTYOURFILM will terminate a User’s access to its Website if, under appropriate circumstances, the User is determined to be an infringer.
- BOOSTYOURFILM reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. BOOSTYOURFILM may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. COPYRIGHT POLICY
As part of BOOSTYOURFILM’,s copyright policy, BOOSTYOURFILM may terminate user access to the Website if a user has been determined to be an infringer. To file a copyright infringement notification with us, you will need to send a communication to us with all of the following information in it, using this format:
- Include a statement telling us that you have found a content on BOOSTYOURFILM which you believe infringes your copyright (for example, “I hereby confirm that I believe the story identified below infringes my copyright”).
- Tell us which country your copyright applies to.
- Tell us the title of the content concerned and the full URL for its page.
- Explain to us in what way that content infringes your copyright (e.g. the text is copied, the entire story is a copy of an original work made by you, etc.)
- Identify the type (e.g. a book, a short story, a poem, etc.). and details of (e.g. title, publisher, dates, etc.) the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
- Let us have contact information so that we can get in touch with you (email address is preferred).
- Let us have the contact information which we can pass on to the submitter of the content concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.”
- Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
- Send the notice, in English, to the following address:
Copyright Infringement Notification,
boostyourfilm, Tour Part Dieu, 129 rue Servient, 69003 Lyon, France
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. Make sure you know whether the content that you have seen on BOOSTYOURFILM infringes your copyright. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process. If you submit a User Submission to the BOOSTYOURFILM Service then you authorize BOOSTYOURFILM to act as your agent to issue take down notices under the Digital Millennium Copyright Act (the “DMCA”) and/or any other similar legislation that allows for the submission of requests to Internet service providers for the removal of infringing or allegedly infringing copyright materials that are contained in or displayed on such service providers platforms and/or services. In general you will be responsible for monitoring and enforcing your rights in your User Submissions, however, in certain cases if BOOSTYOURFILM becomes aware of infringement of User Submissions and/or Content from the BOOSTYOURFILM Service, then BOOSTYOURFILM may in its sole discretion elect to issue take down notices under the DMCA or similar legislation to attempt to curtail such infringement.
9. WARRANTY AND CONDITION DISCLAIMER
YOU AGREE THAT YOUR USE OF THE BOOSTYOURFILM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BOOSTYOURFILM , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS (INCLUDING MANUFACTURERS OF DEVICES THAT EXECUTE MOBILE APPLICATIONS ACCESSING BOOSTYOURFILM ) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. BOOSTYOURFILM MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
- ANY UNAUTHORIZED
- ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BOOSTYOURFILM WEBSITE.
BOOSTYOURFILM EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. BOOSTYOURFILM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BOOSTYOURFILM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BOOSTYOURFILM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL BOOSTYOURFILM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BOOSTYOURFILM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BOOSTYOURFILM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR 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.
BOOSTYOURFILM makes no representations that the BOOSTYOURFILM Website is appropriate or available for use in their locations. Those who access or use the BOOSTYOURFILM Website do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless BOOSTYOURFILM , its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from:
- your use of and access to the BOOSTYOURFILM Website;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or
- any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Service and your use of the BOOSTYOURFILM Website.
12. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 12, as the BOOSTYOURFILM Website is not intended for children under 12.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BOOSTYOURFILM without restriction.
You agree that: the BOOSTYOURFILM Website shall be deemed a passive website that does not give rise to personal jurisdiction over BOOSTYOURFILM, either specific or general. These Terms of Service, together with the Privacy Notice at boostyourfilm.com /privacy and any other legal notices published by BOOSTYOURFILM on the Website, shall constitute the entire agreement between you and BOOSTYOURFILM concerning the BOOSTYOURFILM Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and BOOSTYOURFILM ‘s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. BOOSTYOURFILM reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the BOOSTYOURFILM Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND BOOSTYOURFILM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BOOSTYOURFILM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
PRIVACY AND SECURITY
If users have questions or concerns regarding this statement, or feel that BOOSTYOURFILM has not complied with the Policy, they should first contact CONTACT@boostyourfilm.com
STORAGE AND USE OF USER INFORMATION
BOOSTYOURFILM stores information as described below that could be used to identify users (“Personal Information”) on the BOOSTYOURFILM servers for the sole purpose of providing the BOOSTYOURFILM service to users. BOOSTYOURFILM also stores certain non-personally identifiable information using log files. The following paragraph describes the Personal Information collected on BOOSTYOURFILM servers: email address, name and mailing address, telephone number, payment and usage records.
COMMUNICATIONS FROM THE SITE
UPDATES AND NOTIFICATIONS
The email address of account holder is used for confirmation of a successful account creation. Account holders can opt out from the updates at any time by logging into their account to modify their update preference. Users also have the right to opt in or opt out of communications related to such services as, but not limited to, new application launches, promotions, BOOSTYOURFILM contests and events. BOOSTYOURFILM may also collect the account holder’s cell phone number if the account holder opts in to an SMS alert service.
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if the service is temporarily suspended for maintenance, BOOSTYOURFILM might send users an email or SMS message. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
BOOSTYOURFILM communicates with users on a regular basis to provide requested services. In regards to issues relating to their account, BOOSTYOURFILM replies via email or phone, in accordance with the user’s wishes.
Occasionally, BOOSTYOURFILM’ site requests information from users via surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose information. The requested information typically includes marketing or product feedback information and, in some cases, optional contact and / or demographic information. If provided, contact information may be used for testimonials or to request additional feedback information. Users will be advised and given an opportunity to consent or opt- out of such uses. Anonymous survey information will be used for purposes of monitoring or improving the use and satisfaction of the BOOSTYOURFILM website and BOOSTYOURFILM service. Users’ Personal Information is not shared with third parties unless BOOSTYOURFILM provides prior notice and the choice to users. Though BOOSTYOURFILM may use an intermediary to conduct these surveys or contests, the intermediary may not use users’ Personal Information for any secondary purposes.
BOOSTYOURFILM does not intentionally collect or use personal information about individuals under the age of 13. Consequently, use of this web and mobile Internet site and all related services by children under the age of 13 is strictly prohibited. BOOSTYOURFILM reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to any messages, information or files which BOOSTYOURFILM, in its sole discretion, deems objectionable or otherwise in violation of the terms and conditions of this Agreement.
BOOSTYOURFILM may use users’ Personal Information to generate aggregated information that does not allow the user to be personally identified or contacted. Aggregated Information shows user activity as a whole rather than on an individual basis and may be used by BOOSTYOURFILM to provide insight on the usage of the BOOSTYOURFILM services. BOOSTYOURFILM allows third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org.
WEB AND MOBILE INTERNET SITE ACTIVITY
Like most standard Web and mobile internet sites, BOOSTYOURFILM stores and uses web server log files. These files include anonymous information about web browsers, such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track users’ movement in the aggregate, and gather broad demographic information for aggregate use. Such log files are not linked to Personal Information through the BOOSTYOURFILM service.
BOOSTYOURFILM will not share any information provided by users, except as follows:
Aggregate Information (non-personally identifiable) BOOSTYOURFILM may use users’ Personal Information to generate aggregated information relating to activity on BOOSTYOURFILM-enabled products and services. This aggregate information does not allow the user to be personally identified or contacted and shows user activity as a whole rather than on an individual basis. This information is shared with relevant BOOSTYOURFILM customers and partners.
(i) if a law, regulation, search warrant, subpoena or court order legally requires BOOSTYOURFILM to do so;
(ii) if BOOSTYOURFILM’s rights or property or the rights or property of BOOSTYOURFILM’s affiliates, subsidiaries, service providers or the users of BOOSTYOURFILM’s web site or services are in jeopardy; or
(iii) if the personal safety of users of BOOSTYOURFILM’s web site or services or other members of the public is in jeopardy.
In the event BOOSTYOURFILM goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ Personal Information will, in most instances, be one of the assets transferred. Users will be notified via email prior to a change of ownership or control of their Personal Information. If, as a result of the business transition, the users’ Personal Information will be used in a manner different from that stated at the time of collection, users will be given a choice to decline such different use.
This Web or mobile internet site contains links to other sites. Please be aware that BOOSTYOURFILM is not responsible for the privacy practices of such other sites. BOOSTYOURFILM encourages its users to be aware when they leave the BOOSTYOURFILM site and to read the privacy statements of each and every Web site that collects Personal Information. This privacy statement applies solely to information collected by the BOOSTYOURFILM web and internet mobile site.
BOOSTYOURFILM employs security measures in order to prevent the loss, misuse, unauthorized access, theft and alteration of Personal Information under BOOSTYOURFILM’s control. However, no transmission over the Internet can be guaranteed to be completely secure. Consequently, BOOSTYOURFILM, its affiliates, subsidiaries, service providers and their respective officers, directors, employees and agents do not represent, warrant or guarantee that Personal Information will be protected against misuse, loss or alterations and do not accept any liability for Personal Information submitted to or collected by them nor for your or third parties’ use or misuse of Personal Information.
If a user’s Personal Information changes (such as phone, email address or cellular phone number), the user may update this information on the BOOSTYOURFILM website or on their cellular phone. If a user no longer desires to use BOOSTYOURFILM’s service, BOOSTYOURFILM provides a way to delete/deactivate users’ Personal Information. Account deletion/deactivation can be done online www.boostyourfilm.com
NOTIFICATION OF CHANGES
Updated – August 14, 2017 14:45
At BOOSTYOURFILM, we love stories. Our goal is to be facilitators, not gatekeepers, for your reading and writing experience. We want to create a safe and comfortable space for everyone, and part of that is ensuring that everyone is fully aware of the type of content they’re about to read and the type of content they’re able to post. Before posting any content on BOOSTYOURFILM, make sure it meets the following guidelines:
- The story content and all associated images, video, or media is appropriate for the community and has been rated correctly. See: Prohibited Content & Content Ratings.
- The content is entirely your own original work or you have the author’s permission to post it onto your profile. See: Copyrighted Material.
- The story has been placed in the correct category (i.e. Adventure, Science Fiction, Drama, etc.).
If you come across any content that violates these guidelines, let us know by sending us a note via our contact form.
The following types of content are NOT appropriate for BOOSTYOURFILM and apply to any uploaded stories, images, video, and audio. Content in violation of this policy will be removed without notice.
Don’t post any content that actively promotes violence or hatred against others on the basis of race, ethnicity, religion, disability, gender, age, or sexual orientation.
Cyber-bullying and Threats
Don’t post any content that is intended to bully, threaten, or harass others. We aim to create a safe community for everyone on BOOSTYOURFILM, so be kind, respectful, and treat others as you would want to be treated.
Don’t post any explicit content that is solely intended to arouse. This includes written material, as well as visual material such as images, videos, or media that display nudity or sexual activity.
Rape, Sex-Slavery, and Non-consensual Sex
Don’t post any content that glorifies sexual abuse, sexual assault, or any other illegal sexual acts.
Pedophilia and Harm to Minors
Don’t post or solicit any content related to minors that is sexually suggestive.
Glorification of Self-harm and Suicide
Don’t post content that promotes, supports, or graphically describes any type of self-harm. This includes content that urges or encourages others to injure themselves, embrace anorexia, bulimia, or other eating disorders, or commit suicidal acts.
Violation of Privacy
Don’t post any content that reveals any personally identifying or confidential information, including real names, addresses, other contact information, physical descriptions, or private photographs/videos.
Don’t post anything you didn’t write on BOOSTYOURFILM without the explicit permission of the person who did write it. Don’t upload pirated versions of published works, or any other content that belongs to someone else. Posting plagiarised and pirated works of any kind is illegal and punishable by law.
Any other Inappropriate or Illegal Content
Don’t post, advertise, or solicit any type of illegal content or behavior.
At BOOSTYOURFILM posting the copyrighted works of others without their legal consent is strictly prohibited. This applies to all stories, images, and media. Any works posted in violation of these rights will be promptly removed and multiple violations may result in immediate account closure.
If you believe that your copyrights have been violated, please report it to us immediately by submitting note via our contact form. The BOOSTYOURFILM community is also encouraged to report any instances of copyright infringement by using the contact form. For more information on our Copyright Policy, please see our Terms of Service.
Over the next few months we’ll continue to make changes to simplify the way we rate content. All writers on BOOSTYOURFILM are expected to rate their stories according to the guidelines provided below. If you come across a story that has been rated incorrectly, you can also let us know by using the contact form. Please note that we reserve the right to override content ratings as necessary.
All Audiences (Ages 12+)
This content is generally suitable for everyone on BOOSTYOURFILM. Stories may contain some use of strong language, and non-graphic mentions of sex, violence, and/or drug use. Please note that stories appropriate for all audiences will not be labeled with any content warnings.
Mature Content (Ages 18+)
This content is generally suitable for ages 18 and up. Stories labeled with ‘Mature Content’ may contain frequent use of strong language and graphic depictions of violence, sexuality, and drug use. Stories where explicit sexual activity is the sole premise of the story are not permitted on BOOSTYOURFILM.