Terms

Video Detective Terms of Use
Last revised: December 2011

Your Acceptance of Terms

Welcome to Video Detective. By using the Video Detective website (the Website) or any of its services or products, including without limitation VideoDetective.com, My Detective, the Video Detective Charts, the Release Calendar, the Enter to Win app, or any other web site owned or operated by Video Detective LLC, (Video Detective) you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below. If you do not agree to any of these terms, do not use the website or services. You affirm that you are 18 years of age or over, an emancipated minor, or possess legal parental or guardian consent; that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and are willing to abide by and comply with these Terms of Service. VideoDetective.com is not intended for children under the age of 12. If you are under 12 years of age, use VideoDetective.com with a parent or guardian. Video Detective reserves the right to change these Terms of Use from time to time at its sole discretion. Your continued use of Video Detective indicates your acceptance of such changes. These Terms of Use apply to all users of VideoDetective.com , as well as to contributors of video content, information, and other materials or services on the Website. The most current version of our Terms of Use can be accessed via the Terms of Use.

The Website Video Detective LLC makes no warranties as to the suitability of the VideoDetective.com web site, or the movie trailers, music videos, television previews, video game trailers or other promotional communications contained on the site for all persons. There is no guarantee that VideoDetective.com will work on any particular computer, mobile device, browser or Internet connection. There is no guarantee that all content will be available at all times, or that service may not be interrupted.

Permitted Use Unless you have prior written authorization from Video Detective, you are hereby granted permission to use Video Detective as set forth in the Terms of Service, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you agree to not copy, alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose. If you wish to link to materials on the Website for commercial purposes, please contact sales@internetvideoarchive.com. Video Detective reserves the right to discontinue any aspect of the Website at any time.

Accounts In order to access some features of the Website, you may have to create an account. When creating your account, you must provide accurate personal information or authorize the use of your Facebook, Google, or Yahoo account information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You should notify VideoDetective.com immediately of any breach of security or unauthorized use of your account; you should not use another person's account without their authorization. Video Detective is not liable for any changes or losses to your account caused by unauthorized use; you may be held liable for the losses of Video Detective or others due to your unauthorized use of someone else's account. If you fail to do any of these things, Video Detective has the right to suspend or terminate your use of the account.

Non-permitted Activities You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "crawlers", "scrubbers", "offline readers," etc., that accesses the Website in a manner that sends more requests to the Video Detective database in a given period of time than a human can reasonably produce in the same period by using a web browser. You agree not to collect any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

Third Party Websites VideoDetective.com may from time to time contain links to third party websites not owned or controlled by Video Detective. VideoDetective.com assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Video Detective does not control or edit the content of any third-party site. You hereby expressly relieve Video Detective from any and all liability arising from your use of any third-party website. You understand that when using the Website, you may be exposed to submissions from a variety of sources, and that Video Detective is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions. You further understand and acknowledge that you may be exposed to submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive any legal rights or remedies you have or may have against Video Detective with respect thereto; you agree to indemnify and hold Video Detective, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

Intellectual Property Rights and DMCA notice The materials on the VideoDetective.com Website are owned by or licensed to Video Detective and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The suppliers of the trailers, previews, and music videos that are contained on the site all retain their legal rights in the underlying creations they have made and may revoke their availability at any time. Content on the Website is provided to you AS IS for your information and personal use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited beyond those allowed by `fair use' without the prior written consent of the respective owners. Video Detective reserves all rights not expressly granted in and to the Website. You agree not to remove notices, circumvent, disable or otherwise interfere with security features of the Website. The supplier-made movie trailers, TV previews, game trailers, and music videos contained on the Website are all offered for promotional use. The thumbnail images that accompany trailers and previews are for the informational use of the public. They are an integral part of our reference database to published motion pictures, television shows, and video games and are designed to assist in the acquisition and selection of content for personal viewing and/or playing. When taken together, this database not only facilitates access to audiovisual information, it also allows for the side by side comparison essential to choice in a competitive marketplace. Thumbnail samples are not meant to substitute for, but to complement the promotional information and actual work depicted in the trailer. They are not endorsed by the producer of the work they represent nor should they be considered to be indicative of the quality of that work in any way. They should not be considered complete. The scene(s) have been critically selected to be a representative sample and permit the viewer to make their own expedient judgments that allow them to maximize the value of their own time. Music videos offered on the website have been submitted for promotional use under our terms and conditions by the copyright owner or their agents. Video Detective will remove all content and submissions if properly notified that such content or submission infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works at the site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) 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 the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Video Detective's designated Copyright Agent for notifications of claimed infringement is: Jed Horovitz, 207 White Horse Pike, Haddon Heights, NJ 08035, email:JedH@INTERNETVIDEOARCHIVE.COM, telephone: 856 310 1981, fax: 856 310 1956. Only DMCA notices should go to the Copyright Agent. If you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be considered valid.

Jurisdiction VideoDetective.com is controlled and offered from facilities in the United States of America. Video Detective makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so of their own volition and are responsible for compliance with local law. You agree that the Website shall be deemed to be based solely in New Jersey and that all disputes relating to the Website shall be settled according to the rules of the American Arbitration Society.

Warranty Disclaimer and Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, VIDEODETECTIVE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VIDEODETECTIVE.COM MAKES NO WARRANTIES 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 (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF the 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 THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 VIDEODETECTIVE.COM WEBSITE. VIDEO DETECTIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VIDEODETECTIVE.COM WEBSITE OR ANY WEBSITE LINKED TO OR FEATURED IN ANY BANNER OR OTHER ADVERTISING; VIDEODETECTIVE.COM 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. IN NO EVENT SHALL VIDEODETECTIVE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE THE WEBSITE OR OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIDEODETECTIVE.COM WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VIDEODETECTIVE.COM SHALL NOT BE LIABLE FOR 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. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VIDEODETECTIVE.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Privacy Notification Video Detective wants you to know and understand what information we collect and how we use it.

Non-Personally Identifiable Information Video Detective uses cookies to collect some information automatically whenever someone uses the Website, including the type of browser, the URL of the referral site, the web pages visited, the length of time on the site, the type of device used to view the site. This information is used in aggregate to help determine the amount of nature of traffic at VideoDetective.com, and to help maintain and improve the site.
Personally Identifiable Information Personally Identifiable Information includes your name, mailing address, phone number, email address, login ID, member name, and password. All of this information is provided by you voluntarily, or through authorizations you provide voluntarily from social media (Facebook), or other internet sites (Google, Yahoo) in order to create a My Detective account, track movies, receive alerts or newsletters, enter a contest, create a list, post to a blog, or share on social medial. Collecting this information makes for a very personalized use of Video Detective and allows us to contact you when there is activity on a movie you are tracking, when there are changes to the website or service, or when there are results for a contest. If you sign in to MyDetective using an account created somewhere else (i.e. Facebook, Google, Yahoo) you are abiding the terms and privacy policies of those companies. If you post to the public section of our site or services (i.e. leaving a comment, creating a list) you should regard the post as available to the public at large.
Opting Out of Communications Every issue of our newsletter contains an ‘unsubscribe’ box allowing recipients to easily unsubscribe to the newsletter. When you create a MyDetective account you can check the boxes for the type of alerts you wish to receive. Later, if you no longer wish to receive alerts, or wish to receive more or less frequent alerts, you can change the settings in your MyDetective account.
Selling or Renting User Information Video Detective does not sell user information, including email address to any third parties. We may share information with a third party in order to accomplish limited objectives. For example, winners of contests and sweepstakes may occasionally have contact information sent to a third party for prize fulfillment. We may notify the sponsor of a contest as to the name of the winner, and winners may occasionally be contacted to verify that they have received their prize. We may use user information to contact users from time to time in order to improve our services by using a third party research company.
Advertisers Video Detective is supported by advertising which means that we allow third-party ad servers and ad networks to serve advertisements within our web pages. These companies send cookies to a user's cookie file which is intended to enable serving ads tailored to the interests of the user. Third-party ad servers are only authorized to employ anonymous cookies for ad delivery and anonymous targeting. Third-party ad servers do not collect, nor do we give them access to any personally identifying information about Video Detective users. You can opt out of behavioral advertising by visiting the Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp .
Security Video Detective employs measure designed to keep the site secure, but you should be advised that the Internet and other networking media are never entirely secure, and your information may therefore be subject to interception or loss beyond our control. Video Detective assumes no responsibility or liability for disclosure of your identification due to errors in transmission, unauthorized third-party access, or other causes beyond our reasonable control.