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Welcome to FilmGrinder, a division of Omni Media Distribution, Inc. (“FilmGrinder”). To enjoy FilmGrinder and the services described herein, you must agree to, and follow, the terms and conditions set forth in these Terms of Use ("Terms of Use" or "Terms"). By visiting FilmGrinder (whether or not you are a registered member) or using any of the FilmGrinder Services on any of the “Sites” (as described herein”), you are agreeing to these Terms. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at
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FilmGrinder provides an online video service offering a selection of movies, clips, and other audio visual content (collectively, "Content") for viewing on the FilmGrinder.com website and FilmGrinder’s affiliate and distribution partner websites in accordance with these Terms of Use (these websites are referred to collectively as the "Sites"). Our video service, our Video Player, and any other features, tools, applications, materials, or other services offered from time to time by FilmGrinder in connection with its business on any of the Sites are referred to collectively as the “FilmGrinder Services." We are a company based in the United States.
AGE LIMIT You must be at least 13 years of age to visit the FilmGrinder Site or use the FilmGrinder Services on any Site.
FILMGRINDER LICENSE FilmGrinder is pleased to grant you a limited non-exclusive revocable license to view the Content and to use the FilmGrinder Services for personal, non-commercial purposes as set forth in these Terms.
FILMGRINDER CONTENT You may only view the Content personally and for a non-commercial purpose. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by FilmGrinder in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
FILMGRINDER VIDEO PLAYER You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes disabling, reverse engineering, modifying, or otherwise circumventing the Video Player in a manner that enables users to view the Content without displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located.
OWNERSHIP You agree that FilmGrinder owns and retains all rights to the FilmGrinder Services. You further agree that the Content provided to you and other users as part of the FilmGrinder Services is owned by FilmGrinder and FilmGrinder's licensors. The FilmGrinder Services and the Content are protected by copyright, trademark, and other intellectual property laws.
DOWNLOADS In order to participate in certain FilmGrinder Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
END USER RESPONSIBILITIES You shall only use the FilmGrinder Services for lawful and appropriate purposes. You agree not to use the FilmGrinder Services in a way that:
- Violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- Uses technology or other means to access the Content or the FilmGrinder Services that is not authorized by FilmGrinder (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, reproduction, or distribution of the Content or FilmGrinder Services);
- Involves accessing the FilmGrinder Services through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the FilmGrinder Services and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content);
- Attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Attempts to damage, disable, overburden, impair, or gain unauthorized access to the FilmGrinder Services, including FilmGrinder's servers, computer network, or user accounts;
- Attempts to remove, modify, disable, or otherwise impair any advertising in connection with the FilmGrinder Service;
- Attempts to collect personally identifiable information in violation of FilmGrinder's Privacy Policy;
- Provides for the harvesting of information about FilmGrinder users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications.
- Encourages conduct that would constitute a criminal offense or give rise to civil liability;
- Violates these Terms or any guidelines or policies posted by FilmGrinder; or
- Interferes with any other party's use and enjoyment of the FilmGrinder Services.
SUSPENSION/DISCONTINUATION We reserve the right to change, suspend, or discontinue — temporarily or permanently — some or all of the FilmGrinder Services with respect to any or all users, at any time without notice. You acknowledge that FilmGrinder may do so in FilmGrinder's sole discretion. You also agree that FilmGrinder will not be liable to you for any modification, suspension, or discontinuance of the FilmGrinder Services.
ACCOUNTS AND REGISTRATION We may from time to time offer various features that require registration or the creation of an account on the FilmGrinder Site. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply. All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at
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(subject line: "Account Security Breach") as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
ACCOUNTS AND TERMINATION You may terminate your account by emailing
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(subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
We reserve the right to immediately terminate your account or your use of the FilmGrinder Services at any time, without notice or liability, if FilmGrinder determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the FilmGrinder Services if such use places an undue burden on our networks or servers. We may use technology to limit activities, such as the number of calls to the FilmGrinder servers being made or the volume of User Material being Posted.
PAYMENTS Access to the FilmGrinder Site and use of the FilmGrinder Services is currently free of charge to end users but we reserve the right to charge for certain premium FilmGrinder Services upon notification to you.
COLLECTION AND USE OF PERSONAL INFORMATION For information about FilmGrinder's policies and practices regarding the collection and use of your personally identifiable information, please read FilmGrinder's Privacy Policy located at http://www.FilmGrinder.com/Privacy. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the FilmGrinder Site and use of the FilmGrinder Services on any of the Sites are governed by the FilmGrinder Privacy Policy in effect at the time of your use.
USER REVIEWS, COMMENTS, AND OTHER MATERIAL As part of the FilmGrinder Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the FilmGrinder Services enjoyable for all of our users, you must adhere to the following rules. You must not Post User Material that: contains unsuitable material or improperly claims the identity of another person. You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant FilmGrinder the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. FilmGrinder will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that FilmGrinder does not guarantee any confidentiality with respect to any User Material. FilmGrinder does not claim any ownership rights in User Material that you Post. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant FilmGrinder a non-exclusive, royalty free, sublicensable limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the FilmGrinder Services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. By Posting your User Material, you also hereby grant each user of the FilmGrinder Services a non-exclusive limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the FilmGrinder Services and under these Terms of Use. FilmGrinder does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of FilmGrinder. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does FilmGrinder assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against FilmGrinder with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the FilmGrinder Services is not available for a specific instance of inappropriate User Material, please email
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(subject line: "Inappropriate User Material").
LINKED WEBSITES AND ADVERTISING FilmGrinder is not responsible for the content or practices of any website other than the FilmGrinder Site, even if it links to the FilmGrinder Site and even if the website is operated by a company affiliated or otherwise connected with FilmGrinder. By using the FilmGrinder Services, you acknowledge and agree that FilmGrinder is not responsible or liable to you for any content or other materials hosted and served from any website other than the FilmGrinder Site. FilmGrinder takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the FilmGrinder Services are between you and the advertiser, and you agree that FilmGrinder is not liable for any loss or claim that you may have against an advertiser.
TRADEMARKS FilmGrinder, the FilmGrinder logo, www.FilmGrinder.com and other FilmGrinder marks, graphics, logos, scripts, and sounds are trademarks of FilmGrinder. None of the FilmGrinder trademarks may be copied, downloaded, or otherwise exploited.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE FILMGRINDER SERVICES, YOU AGREE THAT USE OF THE FILMGRINDER SERVICES IS AT YOUR OWN RISK. THE FILMGRINDER SERVICES, INCLUDING THE FILMGRINDER SITE AND THE OTHER SITES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FILMGRINDER DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE FILMGRINDER SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL FILMGRINDER OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE "FILMGRINDER PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE FILMGRINDER SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE FILMGRINDER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE FILMGRINDER PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE FILMGRINDER SERVICES.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that any Content, User Material, or other material provided through the FilmGrinder Services infringes your copyright, you should notify FilmGrinder of your infringement claim in accordance with the procedure set forth hereinbelow. We will process each notice of alleged infringement which FilmGrinder receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to FilmGrinder's Copyright Agent at
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(subject line: "DMCA Takedown Request"). You may also contact us by mail at: FilmGrinder Attn: Legal Department 3435 Ocean Park Boulevard Suite #107-507 Santa Monica, CA 90405
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the FilmGrinder Services that is reasonably sufficient to enable FilmGrinder to identify and locate the material; (d) how FilmGrinder can contact you, such as your address, telephone number, and email address; (e) 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; and (f) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to
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for purposes other than communication about copyright infringement may not be answered. FilmGrinder has a policy of terminating repeat infringers in appropriate circumstances.
CHOICE OF LAW These Terms of Use are governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts located in the Los Angeles County of the State of California.
Integration, Amendment, and Severability. Please note that these Terms of Use, including FilmGrinder's Privacy Policy which is incorporated in these Terms, constitute the entire legal agreement between you and FilmGrinder and govern your use of the FilmGrinder Services (but excludes any services, if any, that FilmGrinder may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and FilmGrinder in relation to the FilmGrinder Services. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
CHANGES TO THE TERMS OF USE BY FILMGRINDER FilmGrinder may change these Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the FilmGrinder Site at http://www.FilmGrinder.com/terms Any visit to the FilmGrinder Site or use of the FilmGrinder Services on any of the Sites by you after the new Terms are posted will be deemed to evidence your agreement to such change. Therefore, it is important you read this page regularly to ensure that you are familiar with the most updated Terms.
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