Terms of Use

Last modified: Aug 20, 2012

Dear Moviegalaxies User,

the following lines explain the terms of use for the Moviegalaxies website. You can also review our Privacy Policy, outlining how we handle personal information that you may provide to us. Moviegalaxies may be referred to herein as "moviegalaxies.com", "WE", "OUR" OR "US", whether in uppercase, lowercase, or a combination.

At Moviegalaxies, we run a small experimental, non-commercial and fair-use oriented research project about social networks in movies and would love for you to use it but not to misuse it. As our intention is not to harm copyright owners, we ask our users to endeavor and respect this goal. Our service is free designed to give you the ability to have a look into and interact with structures of social graphs in movies. Furthermore, we want to provide a solid base for research and education purposes. However, be responsible in what you publish in your comments on the graphs. Moviegalaxies is a friendly place and should stay a friendly place, for any party involved. Please, make sure that you especially agree with your responsibilities as a commenter. In case you find a website that you believe violates our terms of service, please let us know. On the other hand, please let us know immediately if you think that your property rights or intellectual property is violated on our website (contact hello@moviegalaxies.com). We believe in a fast, accurate and satisfactory agreement between parties and we support every effort to resolve any conflict trustful and immediately. Respect to intellectual rights ist important to us and we do our best to ensure the highest possible quality in that department. As our simple philosophy is not to complicate someone other´s life, we equally do not want that somebody else makes our life more complicated. Thank you!

1. Acceptance Of Terms

The following terms and conditions govern all use of the moviegalaxies.com website and all content, services and products available at or through the website, including, but not limited to, the Moviegalaxies tumblr blog (Tumblr. Inc.) at http://blog.moviegalaxies.com (“Blog”) (taken together, the Website). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Moviegalaxies, acceptance is expressly limited to these terms. Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to use the Site and Services.

2. Description Of Service (Project)

Moviegalaxies (moviegalaxies.com) is a website which enables users to view, share, comment and access social network graphs in movies, made available on the Site (“Service”). Moviegalaxies is an experimental (research) project by Jermain Kaminski and Michael Schober. Services include, but are not limited to, any service and/or content Moviegalaxies makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Moviegalaxies. We reserve us the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Moviegalaxies may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability.

3. Users and Site

Persons who access the Site (“Users”) for the purpose of browsing available Content are not required to register with Moviegalaxies. Moviegalaxies will not directly retain user information for use in participation on our website, which means that we do not offer a “registration” and “membership” on the website. Equally, Moviegalaxies does not offer or use an internal account registration for users that would include a local data storage of user information. While the website can be used and accessed without account registration and login, “Comments” below the movie graphs are enabled through the (API) embedded commenting interface “Disqus”, created by Disqus, Inc., at disqus.com. Here, accessing the comments function is enabled through account logins via external services including but not limited to “Facebook”, “Twitter” and “Google”.

If you create a comment on the Website, you are responsible for maintaining the security of your (external) account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the comment function on Moviegalaxies. You may not use as a Member Name (a) a name of another person with the intent to impersonate that person; (b) a name subject to any rights of a person other than you without appropriate authorization; or (c) a name that is otherwise offensive, vulgar or obscene. You must not comment in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Moviegalaxies may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause Moviegalaxies liability. Moviegalaxies will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

4. Responsibility of Contributors

If you comment on a movie via the Comment function, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

(1) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

(2) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

(3) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

(4) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

(5) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

(6) the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; (7) your comment is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; (8) your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and

(9) you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Moviegalaxies or otherwise.

By submitting Content to Moviegalaxies and with but not limited to an inclusion on your Website, you grant Moviegalaxies a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting of your and our website. If you delete Content, Moviegalaxies will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Especially, Moviegalaxies is technically limited to influence external services such as they are used in the "Comments" section.

Without limiting any of those representations or warranties, Moviegalaxies has the right (though not the obligation) to, in Moviegalaxies’s sole discretion (i) refuse or remove any content that, in Moviegalaxies’s reasonable opinion, violates any Moviegalaxies policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Moviegalaxies’s sole discretion.

5. User Conduct

As a condition of use of Moviegalaxies, you promise not to use the Site or the Services for any purpose that is unlawful or prohibited by our Terms of Use, or any other purpose not reasonably intended by us. By way of example, and not as a limitation of the generality of the above paragraph, you agree not to use the Services:

(1) to abuse, harass, threaten, impersonate or intimidate Users;

(2) to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any applicable law or right of any third party;

(3) for any illegal or unauthorized purpose, and further to the foregoing you agree to comply with all applicable local laws of your jurisdiction of residence regarding online conduct and acceptable content;

(4) to create or submit unwanted email or other messages to any Members or any URL;

(5) to violate any laws in your jurisdiction (including but not limited to copyright laws);

(6) to submit Content linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing Content, or off-topic Content;

(7) to (i) take any action that imposes, or may impose in Moviegalaxies’s sole discretion an unreasonable or disproportionately large load on Moviegalaxies’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site, the Services or any activities conducted on the Site; or (iii) bypass any measures Moviegalaxies may use to prevent or restrict access to the Site or the Services;

(8) with the intention of inappropriately or artificially inflating or altering the ranking, rating, popularity, reputation, comments or any other Service respecting Content or your or another person’s Member Account, including by way of creating separate Member Accounts for the purpose of artificially altering the Services, giving or receiving money or other remuneration in exchange for any rating or other reputation-altering activity on the Site, or participating in any other organized effort that in any way inappropriately or artificially alters the results of the Services;

(9) to advertise to, or solicit, any user to buy or sell any products or services;

(10) to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent;

Moviegalaxies may in its sole discretion remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content). To report Terms of Use abuse, please email hello@moviegalaxies.com.

You ("User") are solely responsible for your interactions with other users of the website. Moviegalaxies reserves the right, but has no obligation, to monitor disputes between you and other users. By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the Site, you represent and warrant that you own all rights in the Content and you agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/licenses/publicdomain/. For clarity, the foregoing does not apply to the Content on any external sites to which the Site or the Services link.

6. Restricted Use

We highly welcome research work, non-commercial and open-source requests. See http://moviegalaxies.com/research/. Questions should be directly send to hello@moviegalaxies.com. You may not use moviegalaxies.com to develop a product or service that uses, searches, displays, analyzes, retrieves, and views information available on moviegalaxies.com without our permission.

You may not use moviegalaxies.com to substantially replicate content offered by Moviegalaxies, including the republication of moviegalaxies.com content and process engineering or the creation of a separate publishing platform. If Moviegalaxies believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the moviegalaxies.com may be temporarily or permanently revoked, with or without notice.

7. Permitted Use

In case we have given you green light to use our content ("Permission"), you may use selected moviegalaxies.com data and name or logos and other brand elements that Moviegalaxies makes available in order to identify the source of the information. For example, you can find the logo in our PressSection.

8. Responsibility of Website Visitors

Moviegalaxies has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Moviegalaxies does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Moviegalaxies disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. In any case, we do our best to ensure an appropriate and sustainable content.

9. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which moviegalaxies.com links, and that link to moviegalaxies.com. Moviegalaxies does not have any control over those non-Moviegalaxies websites and webpages, and is not responsible for their contents or their use. By linking to a non-Moviegalaxies website or webpage, Moviegalaxies does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Moviegalaxies disclaims any responsibility for any harm resulting from your use of non-Moviegalaxies websites and webpages.

10. Copyright Infringement and DMCA Policy

As Moviegalaxies asks others to respect its intellectual property rights, it highly respects the intellectual property rights of others. If you believe that material located on or linked to by moviegalaxies.com violates your copyright, you are encouraged to notify Moviegalaxies in accordance with Moviegalaxies’s Digital Millennium Copyright Act (“DMCA”) Policy. Moviegalaxies will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Moviegalaxies will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Moviegalaxies or others. For your complaint to be valid under the DMCA, you must provide the following information in writing:

(1) An electronic or physical signature of a person authorized to act on behalf of the copyright owner

(2) Identification of the copyrighted work that you claim has been infringed

(3) Identification of the material that is claimed to be infringing and where it is located on the Service

(4) Information reasonably sufficient to permit Moviegalaxies to contact you, such as your address, telephone number, and, e-mail address

(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (6) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent: DMCA Notice, Moviegalaxies (we prefer email). Email: hello@moviegalaxies.com

Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with moviegalaxie´s rights and obligations under the DMCA, but do not constitute legal advice.

Remark: All contents on this site are for educational and research purposes only. No movie scripts (or "screenplays") are/or will be sold by moviegalaxies.com. We do not store or provide any copyrighted materials on our systems.

11. Intellectual Property

This Agreement does not transfer from Moviegalaxies to you any Moviegalaxies or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Moviegalaxies. Moviegalaxies, moviegalaxies.com, the Moviegalaxies logo, and all other trademarks, service marks, methods, process technologies, graphics and logos used in connection with moviegalaxies.com, or the Website are trademarks or registered trademarks of Moviegalaxies. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. The website may include but is not limited to the outlined process technology that is part of intellectual property. Your use of the Website grants you no right or license to reproduce or otherwise use any Moviegalaxies or third-party trademarks and services. Any of the trademarks, service marks, collective marks, design rights, movie titles or similar rights that are mentioned, used or cited on this website are the property of their respective owners. For example, Apple, the Apple logo, Mac, MacBook, iPhone, iPod, iPad are trademarks of Apple Computer, Inc.

12. Changes

Moviegalaxies reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Moviegalaxies may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

13. Termination

Moviegalaxies may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Disclaimer of Warranties

The Website is provided “as is”. Moviegalaxies hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Moviegalaxies nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

15. Limitation of Liability

In no event will Moviegalaxies will be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Moviegalaxies shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

16. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Moviegalaxies Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

17. Links

The services may provide, or third parties may provide, and comments may include links to other websites or resources. Because Moviegalaxies has no control over such sites and resources, you acknowledge and agree that Moviegalaxies is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You expressly relieve Moviegalaxies from any and all liability arising from your use of any third-party website, service, or content.

18. Copyright Complaints

Moviegalaxies respects the intellectual property of others. Our policy is to respond expeditiously to claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement using its sole and reasonable discretion. Upon receipt of notices complying or substantially complying with applicable laws and regulations, Moviegalaxies in its sole discretion may act expeditiously to (a) remove or disable access to any Content claimed to be infringing or claimed to be the subject of infringing activity; and/or (b) remove or disable access to any reference or link to Content or activity that is claimed to be infringing. To provide Moviegalaxies notice of an infringement, you must provide a written communication to the attention of ["Intellectual Property Infringement Notification"] care of hello@moviegalaxies.com that sets forth all relevant information regarding the alleged infringement.

19. Moviegalaxies Privacy Policy

Moviegalaxies's Privacy Policy is available at http://www.moviegalaxies.com/policy, and is incorporated into these Terms of Use by this reference.

20. Indemnification

You agree to indemnify and hold harmless Moviegalaxies, its contractors, 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 Website, including but not limited to your violation of this Agreement.

21. Effective Date

These Terms of Use are effective as of August 20, 2012.

Notice: The Terms of Use are derived from Wordpress.com which are published under the Creative Commons Sharealike license.

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