The term “Us” or “We” refers to “jabcatmovies.com”, “Jabcat On Movies” and Jabcat LLC. The term “You” or “Your” refers to you, the user or viewer of the Website.
You will find the following sections below:
1. Use Of Website As-Is
2. Copyright Policy
3. Comment Policy
4. Forbidden Actions
5. Revisions To Agreement
6. No Guarantee
7. NO WARRANTY OR CONDITION; LINKS
8. LIMITATIONS OF LIABILITY
9. Obligation to Indemnify
10. User Movie Pages (Public and Private)
11. Infringement Policy
12. Applicable Laws; Venue
13. Binding Agreement
15. Entire Agreement
1. Use Of Website As-Is. Your use of any information or materials on this Website is entirely at your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this Website meet Your specific requirements.
2. Copyright Policy. All material and content being part of this Website is the property of and belongs to Us, including but not limited to, the design, layout, look, appearance, text and graphics, except that copyright in certain photos/images and/or movie trailers may be owned by third parties. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of the Agreement. All logos and trademarks are property of their respective owners. You are not allowed to sell or modify any part of this Website. If You believe that any content posted on this Website violates your copyright, trademark or other rights, please contact email@example.com in accordance with the Infringement Policy set forth below. If you wish to reprint or use any of the articles you find on jabcatmovies.com, please contact firstname.lastname@example.org. You are welcome to link to this Website, and to discuss its contents in a respectful manner. When you quote or link to this Website, please include the Website’s name in your link. You are not authorized to use this content for profit.
3. Comment Policy. We are not responsible for the content of any comments made by the commenter(s). We are also not responsible for knowing whether the content of Your comment is breaking the law in other countries or jurisdictions. We reserve the right to edit, delete, or not publish a comment at our discretion, including but not limited to comments deemed offensive or potentially illegal (this includes, but it is not limited to comments containing hateful, libelous, and defamatory content). Comments intending to advertise and/or off-topic (”SPAM“) will be deleted. We also reserve the right to block Commenter(s) who have previously published offensive comments, illegal content, or SPAM. OUR RIGHT TO MODERATE, EDIT OR DELETE COMMENTS, OR OUR ACTIONS IN DOING SO, OR FAILING TO DO SO, SHALL NOT IN ANY WAY IMPACT, LESSEN OR EXCUSE YOU FROM YOUR RESPONSIBILITY AND OBLIGATIONS HEREUNDER WITH RESPECT TO THE COMMENTS YOU SUBMIT.
4. Forbidden Actions. You are not authorized to (i) use this Website to advertise for products of any kind and for other websites, (ii) infringe the Copyright policy and Comment policy of this Website, (iii) attack this Website using malicious software and/or use this Website for data mining (iv) commit any illegal actions while using the Website, or against this Website, (v) restrict access to this Website, (vi) impede the normal functioning of this Website and (vii) menace Us with, or cause physical or financial harm to jabcatmovies.com.
5. Revisions To Agreement. WE RESERVE THE RIGHT TO CHANGE THE AGREEMENT AT ANY TIME. IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU AGREE WITH THE AGREEMENT BEFORE USING THIS WEBSITE. CHANGES TO THE AGREEMENT WILL BE EFFECTIVE FORTY-EIGHT (48) HOURS AFTER THE REVISED TERMS HAVE BEEN POSTED ON THE WEBSITE. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE THIS WEBSITE.
6. No Guarantee. We make no guarantee regarding the validity of the content of the Website. In addition, We do not guarantee that the Website will be accessible at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond our control such as strikes, riots, fires, floods, explosions, war, terrorism, governmental action, labor conditions, natural and/or man-made disasters, or interruptions in Internet services to an area where jabcatmovies.com or its servers are located. Although We will try to moderate comments quickly, We make no guarantee that comments will be displayed promptly, without modifications, or that they will be displayed at all.
7. NO WARRANTY OR CONDITION; LINKS. WE MAKE NO WARRANTY OF ANY KIND AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE WITH REGARD TO THE WEBSITE, ITS CONTENT OR ANY OTHER MATTER. IF YOU CHOOSE TO ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. THIS WEBSITE MAY INCLUDE LINKS TO OTHER WEBSITES. THESE LINKS ARE PROVIDED FOR YOUR CONVENIENCE TO PROVIDE FURTHER INFORMATION. THEY DO NOT SIGNIFY THAT WE ENDORSE THE WEBSITE(S). WE HAVE NO RESPONSIBILITY FOR THE CONTENT OF THE LINKED WEBSITE(S). TO THE EXTENT LINKS AND EXTERNAL CONTENT ARE BASED ON OR DISPLAYED IN CONNECTION WITH THE WEBSITE, WE SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF ANY LINKS, EXTERNAL CONTENT AND SEARCH RESULTS, WHETHER SUCH LINKS, CONTENT OR SEARCH RESULTS VIOLATE ANY PARTIES RIGHTS OR THE LAW IN THIS OR OTHER JURISDICTIONS.
8. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE UNDER THIS AGREEMENT FOR ANY PUNITIVE, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL MATTERS RELATED TO THE AGREEMENT OR OTHERWISE EXCEED THE GROSS MONTHLY AMOUNT PAID BY US FOR HOSTING SERVICES DURING THE THREE MONTH PERIOD IMMEDIATELY FOLLOWING THE DATE OF THE CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTIONS OR CLAIMS IN THE AGGREGATE INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. NO ACTION MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE DATE OF THE ALLEGED LOSS OR DAMAGE. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL PART OF THE AGREEMENT. WITHOUT LIMITING THE FOREGOING, WE SHALL NOT HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO GOVERNMENTAL ACTION, LABOR CONDITIONS, POWER FAILURES, NATURAL AND/OR MAN-MADE DISASTERS. WE ARE NOT LIABLE FOR THE CONTENT OF ANY COMMENTS LEFT BY USERS OF THE WEBSITE (SEE COMMENT POLICY).
9. Obligation to Indemnify. You agree to indemnify, defend and hold Us, our owners, agents, and applicable third parties (collectively “Indemnified Person(s)“) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), incurred, suffered by or brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Website and/or Your breach of any term of the Agreement.
10. User Movie Pages (Public and Private).
You have the ability to create your own movie pages on the Website (“User Movie Pages”) and select whether User Movie Pages are accessible to anyone (public) or require a password for access (private). We have the right to edit, revise, modify, delete and add content to User Movie Pages, including but not limited to images, text and links, as well as advertisements.
“User Content” with respect to User Movie Pages means all still images, video, text, graphics, animation or any other media or form of content that You upload, transmit or otherwise make available for use on a User Movie Page.
Copyright License: You hereby grant Us a non-exclusive, revocable, transferable, sublicensable worldwide license to do and to authorize any of the actions set forth in Section 106 of the Copyright Act (17 USC §106) with respect to the User Content including, without limitation, the right to use, reproduce, create derivative works of, distribute, display, transmit and otherwise exploit the User Content. Among other things, We may reproduce and display User Content in connection with the advertising and promotion of our services without additional compensation to User, including without limitation use on Our websites and intranets, as well as those of our affiliates, partners and licensees.
Additional Representations and Warranties Re User Content: You represent and warrant to Us as follows: (a) You are the sole and exclusive owner of the User Content, with the unrestricted right to license such, (b) User Content does not and will not infringe the copyright, trademark, right of privacy or publicity, or violate the property interest of, and does not defame, any third party, and does not contain any matter which violates any applicable law or regulation and (c) you are not a party to any existing agreement, with any other person or entity, providing them with the exclusive right to license, sell, or otherwise exploit any User Content.
Additional User Indemnification Re User Content: You agree to indemnify, defend and hold Us and our affiliates, officers, employees, directors and agents (each an “Indemnitee”) harmless from and against any and all third party claims, and accompanying losses, liabilities, costs or expenses, including reasonable attorneys’ fees, arising out of or in connection with any material breach of this Agreement, or any duty, representation or warranty contained herein by, or any act or omission of, You or any of your employees or agents. Indemnitee shall promptly notify You in writing of any indemnifiable claim. Upon Indemnitee’s request, You shall defend such claim at your expense, and Indemnitee shall cooperate fully with you in defending or settling such claim, provided that you shall not settle the claim without Indemnitee’s prior written consent, which shall not be unreasonably withheld.
11. Infringement Policy.
It is our policy to reply to any notice of alleged infringement that complies with this Infringement Policy and other applicable intellectual property laws. Responses may include disabling access for all users for the material claimed to be the subject of infringing activity and/or terminating submitters of the material ability to use the Website. If we take such measures, we will make a good faith attempt to contact the person who uploaded or transmitted the content so that he or she may respond to the notice of alleged infringement.
It is our policy to document all notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public.
A. Infringement Notification
If you are a copyright owner or an authorized agent thereof and believe that any use of Jabcat On Movies has infringed upon your copyrights, you may submit a notification to email@example.com. In order to expedite our ability to process your request, please provide the following information:
(i) Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
(ii) Identify the material that you claim is infringing the copyrighted work listed in item #1 above or which you claim is the subject of infringing activity.
(iii) Provide information reasonably sufficient to permit Us to locate the material.
(iv) Provide information reasonably sufficient to permit Us to contact you (email address, telephone number and mailing address).
(v) Provide information, if possible, sufficient to permit Us to notify the user that allegedly sent the infringing material (e.g. screen name).
Send the email to firstname.lastname@example.org with the words “Infringement Complaint” in the subject line.
B. Response To Alleged Infringement By Alleged Infringer
If we notify You that content you uploaded or transmitted to the Website is the subject of a notice by a third party of alleged infringement, you may respond to Us. Your response should identify the name of the content file (page, post, image, video, text, etc.) on the Website with respect to which We have blocked access or received a notice of alleged infringement.
Send the email to email@example.com with the words “Response To Alleged Infringement” in the subject line.
12. Applicable Laws; Venue. Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of the United States of America. Access to the Website from any location where the content is illegal is prohibited. Any claim related to the use of the Website or to the Website materials shall be governed by the laws of the United States. Any action related to the access, use, content, or existence of this Website shall be filed only in the appropriate court located within the United States. The use of this Website constitutes Your express permission and consent to the jurisdiction of the federal and/or state courts within the United States for purposes of such actions.
13. Binding Agreement. The Agreement shall be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns of the parties.
14. Assignment. The parties may not assign the Agreement except that We may assign it to a parent, affiliate or subsidiary company, or to a purchaser of all or a substantial portion of our assets.
17 March 2011 Revision