Movie Thingy Club!
Effective Date: 1/15/2012Your acceptance of these Terms is required in order for you to access and use the Site and its Services, and by registering on, or by using our Site or Services, you are entering into a legally binding agreement with FLE LLC. Please read these Terms carefully. If you do not agree to these Terms, you cannot use the Services or access the Site. We provide the Services subject to your acceptance and ongoing compliance with these Terms. We reserve the right at our discretion to modify these Terms periodically. We will notify you of such changes via an email sent to the email address we have on file for you or via other notification mechanisms. We may require your assent to the modified terms as a condition of your continued access to the Services. Your continued use of the Services after the effective date of such modifications indicates your acceptance to the modified Terms. If you breach any of these Terms, your permission to use the Services and access the Site automatically terminates, unless such breach is waived by us in writing in our sole discretion.
You must be  years of age or older in order to use the Services.
You acknowledge that use of the Services requires connection to, and data transfers over, the network and therefore may impact your data usage charges imposed by your wireless operator or other service provider. It’s your responsibility to obtain at your cost all equipment, software and Internet access necessary to use the Services.
"FLE LLC": Fresh Look Enterprises LLC, a California company. In these Terms, FLE LLC is referred to by “us”, “we” or “our”, as applicable.
1.0 LICENSED RIGHTS TO THE SITE, SERVICES AND CONTENT
1.1 Subject to your compliance with these Terms, particularly sections 2, 3, 4, 6 and 7 below, we hereby grant to you a fee-bearing (unless in our sole discretion we waive payment of fees), non-exclusive, non-transferable, worldwide right and license to use the Services and access the Site. You may not access the Site or use the Services or Content:
2.0 RESPONSIBILITY FOR CONTENT, THIRD PARTY RESOURCES AND USER IDENTIES
2.1 You are solely responsible for all Content, whether publicly posted on or privately transmitted via the Site, that you contribute and we have no responsibility for such Content. You agree not to transmit Content or otherwise conduct or participate in any activities on the Site and/or any Service which, in our sole judgment, is likely to be prohibited by law or breach of third party rights in any applicable jurisdiction, including, without limitation, laws governing libel and defamation, encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is hateful, offensive, libelous, defamatory, obscene, abusive, pornographic, lewd, erroneous, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise breaches any applicable local, state, national, or foreign law or regulation; (c) constitutes infringement of the intellectual property rights of any party; (d) creates an impression that is incorrect, misleading, or deceptive, including, without limitation, by impersonating others or otherwise misrepresenting your identity or affiliation with a person or entity; and (e) publish or post other people's private or personally identifiable information without their express authorization and permission. We may, in our sole discretion, terminate the Services as to any Content that we believe in our sole judgment is not in compliance with these Terms. We may preserve and disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or safety of FLE LLC, Users and/or the public.
3.0 REGISTRATION DATA AND SIGN-ON CREDENTIALS
4.0 SITE INTEGRITY
4.1 You shall not use the Site in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any such server, or interfere with any other party's use and enjoyment of the Site and Services, including falsifying or altering Content posted by others. You may not attempt to gain unauthorized access to other accounts, computer systems or networks connected to any of our servers or to any of the Services, through hacking, password mining or any other means, or exploit bugs or vulnerabilities in the Site or Services. You are prohibited from breaching or attempting to breach any security features of the Site and the Services, including, without limitation: (a) accessing Content not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with Services to any User, user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or the Services to send unsolicited e-mail or messages, including, without limitation, promotions or advertisements for products or services; (e) publishing or linking to malicious content intended to damage or disrupt another User’s browser or computer or to compromise a User’s privacy or anonymity; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; (g) accessing or tampering with non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (h) accessing or searching or attempting to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (i) deep link to the Site for any purpose (ie, posting a link to a web page on the Site other than the home page); (j) aggregating Content in whole or in part with data, content, or information available from other websites or services; (k) removing or obscuring any form of advertising on the Site; or (l) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site or the Services except that, if you are a European resident, subject to your compliance with these Terms, you may decompile any computer software component of the Site or the Services that we make available to you for your use only to the extent permitted by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with such component or with another program and such information has not been provided by or is not available from us or elsewhere.
5.0 DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
5.1 EACH USER'S USE OF THE SITE AND SERVICES IS AT HIS OR HER SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND we ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE OR DISPLAY ANY content, User COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH User WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM use of the site or services. to the MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title AND NON-INFRINGEMENT. Specifically, we make no warranty that (a) the Site or any Service will meet your requirements, goals or needs, (b) Site or Services access will be uninterrupted, timely, secure or error-free, or (c) any errors or deficiencies will be corrected. Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to the website.
6.0 PAYMENT TERMS
Fees and any other charges for the use of the Services are described on the Site and are nonrefundable except as we may otherwise specify on the Site. Fees may change from time to time. If we change fees or charges, we will give you reasonable notice. If they do change, your continued use of the Site after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. You are responsible for all taxes applicable to the fees in any applicable jurisdiction. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.
7.0 GENERAL PROVISIONS
7.1 Service Discontinuance.
We may from time to time modify or discontinue, temporarily or permanently, access to the Site or any Service thereon (or any part, feature, or functionality thereof). We shall not be liable for any such modification, suspension or discontinuance.
This Policy tells you how we use and protect personal information collected through use of the Site. This Policy covers only information that is collected through this Site and no other web sites that may be linked to or from this Site, and does not cover information that may be collected through software downloaded from this Site; nor does this Policy apply to practices of companies that we do not control or to people we do not employ or manage.
By accepting the Policy during registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Policy and to all other terms herein.
The following personal information about you may be collected and stored by us:
(i) name and identity, email address, physical and virtual contact information (including for example, your home address), biographical and professional information, association affiliation, demographic data, and financial information, including credit card and/or bank account numbers;
(ii) information responsive to surveys or applications for employment, disclosed in resumes, or requested in order to provide brochures or information about our business, employment, products or services;
(iii) transactional information based on your activities on the Site;
(iv) shipping, ordering, billing and other similar information you provide to purchase or ship an item or service;
(v) community discussions, chats, dispute resolution, correspondence through the Site, and correspondence sent to us;
(vi) computer sign-on data, statistics on page views and traffic to and from the Site;
(vii) other technical information or data collected from Site traffic, including IP address, standard web log information and information gathered from cookies;
(viii) supplemental or additional information we may request from you in the event previous information you've provided cannot be verified; and
(ix) information that you voluntarily provide to us.
We may combine your information with information we collect from other sources to improve the Site. We do not sell or rent your personal information to non-affiliated third parties for their marketing purposes.
(i) fulfill the purposes disclosed when you provided your information to us;
(ii) provide, deliver, and collect payment for the services, products, and customer support you request;
(iii) review and process applications for employment;
(iv) resolve disputes, collect fees, and troubleshoot problems;
(v) prevent potentially prohibited or illegal activities, and enforce our Site-related agreements;
(vi) customize, measure, and improve our services and the Site's content and layout;
(vii) provide you with personalized content;
(viii) tell you about targeted marketing, service updates, and promotional offers based on your communication preferences; and
(ix) compare information for accuracy, and verify it with third parties.
We may also share your personal information with:
(i) members of our corporate family to help detect and prevent potentially illegal acts and provide joint services to requesting users;
(ii) service providers, consultants or similar contractors to whom we contract in order to carry out transactions initiated by you, such as credit card processing organizations;
(iii) other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and solicited consent when using a specific service);
(iv) law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity;
(v) persons as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity; and
(vi) other business entities, should we plan to merge with, or be acquired by that business entity.
In order to offer the services for which you will use the Site, your user ID may necessarily be displayed throughout the Site and to the public. All of your activities on the Site will be traceable to your user ID. Notices are sent to other community members regarding suspicious activity and policy breaches on the Site and refer to user IDs and specific items. Please understand that if you link your name with your user ID, others will be able to personally identify your activities.
You may also encounter cookies from third parties on certain pages of the Site. Third parties cookies are cookies that are served by third parties other than us and our affiliated group companies.
You are always free to choose whether to accept or reject Site cookies, although doing so may interfere with and/or restrict your use of the Site. If you wish to reject cookies, you can do so by changing the settings of your web browser, and instructions about how to do this can normally be found in the ‘help’ menu of your web browser. Alternatively, to learn more about what cookies are and how you can refuse them, please visit the third party educational resource www.allaboutcookies.org.
In addition, the Site may incorporate pixel tags, web beacons or other web site usage measurement technologies. Such devices are used to collect other information, such as the identity of the applicable internet service provider, the user's IP address of his or her personal terminal device, the type of browser software and operating system in use, the date and time of site access, the website address, if any, from which the user linked to the Site, and other similar traffic-related information. Such information is used for the purposes described above. We may also aggregate such information with similar data collected from other users or disclose such aggregate information to third parties. However, we do not use such data in any way to create or maintain personal information from you.
Your password deserves careful thought and protection. Use unique numbers, letters, and special characters and do not disclose your password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. If your password has been compromised for any reason, you should immediately access your profile on the Site to change your password and notify us immediately at [email protected]
You can see, review and change most of your personal information by logging into the Site. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We retain personal information from closed accounts in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Site-related agreements, and take other actions otherwise permitted by law or as specified elsewhere in this Policy.
If at any time you choose to opt out from allowing us to use your personal information in the future to provide you with special offers or information regarding new products or services, or from disclosing such information to third parties, simply click the "opt-out" box, either at the time you provide your personal information or via any subsequent marketing communication that we send you. Alternatively you can contact us directly via email to [email protected] Upon receipt and process of an opt-out request, we will, within a commercially reasonable period of time, remove your information from any applicable listings. Note that requests to terminate disclosure to third parties may frustrate or render impossible our ability to conduct transactions initiated by you.
Except as otherwise expressly included in this Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are users on the Site or other sites throughout the Internet, different rules may apply.
The Site is not directed to children under thirteen (13) years of age, and we do not knowingly collect personal information from such children. If you are younger than thirteen, please do not provide any personal information to us. If a person 13 years of age or younger has provided personal information to us, a parent or guardian of such person should contact us at [email protected] so that we can remove such personal information from our database. We reserve the right to limit participation in particular programs, offers or promotions to those over 18 years of age.
FLE LLC is located in California. All matters relating to privacy issues are governed by the laws of California.
We may amend this Policy at any time by posting the amended terms on the Site, which will automatically take effect after they are initially posted except as otherwise specified.
We take appropriate technical and organizational measures to maintain the security of your personal information on the Site. However please remember that any messages you send over the internet are not secure unless they are appropriately encrypted. Despite our efforts, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Site.