BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content
available through the InMyShorts.com domain name, the "InMyShorts
Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE
TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND
CONDITIONS OF INMYSHORTS'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT (http://www.inmyshorts.com/privacy)
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of
these terms, then please do not use the InMyShorts Website.
2. InMyShorts Website
These Terms of Service apply to all users of the InMyShorts Website. The InMyShorts
Website may contain links to third party websites that are not owned or
controlled by InMyShorts. InMyShorts has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, InMyShorts will not and cannot censor or edit the
content of any third-party site. By using the Website, you expressly relieve InMyShorts
from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the InMyShorts Website
and to read the terms and conditions and privacy policy of each other website
that you visit.
3. Website Access
A. InMyShorts hereby grants you permission to use the Website as set forth
in this Terms of Service, provided that: (i) your use of the Website as
permitted is solely for your personal, noncommercial use; (ii) you will not
copy or distribute any part of the Website in any medium without InMyShorts's
prior written authorization; (iii) you will not alter or modify any part of the
Website other than as may be reasonably necessary to use the Website for its
intended purpose; and (iv) you will otherwise comply with the terms and
conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create
an account. You may never use another's account without permission. When
creating your account, you must provide accurate and complete information. You
are solely responsible for the activity that occurs on your account, and you
must keep your account password secure. You must notify InMyShorts immediately
of any breach of security or unauthorized use of your account. Although InMyShorts
will not be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of InMyShorts or others due to such
unauthorized use.
C. You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," "offline
readers," etc., that accesses the Website in a manner that sends more
request messages to the InMyShorts servers in a given period of time than a
human can reasonably produce in the same period by using a conventional on-line
web browser. Notwithstanding the foregoing, InMyShorts grants the operators of
public search engines permission to use spiders to copy materials from the site
for the sole purpose of creating publicly available searchable indices of the
materials, but not caches or archives of such materials. InMyShorts reserves
the right to revoke these exceptions either generally or in specific cases. You
agree not to collect or harvest 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.
4. Intellectual Property Rights
The content on the InMyShorts Website including without limitation, Uploads
(as defined below), the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features and the like ("Content") and the
trademarks, service marks and logos contained therein ("Marks"), are
owned by or licensed to InMyShorts, subject to copyright and other intellectual
property rights under United States and foreign laws and international
conventions. Content on the Website is provided to you AS IS for your
information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent
of the respective owners or InMyShorts as licensee. InMyShorts reserves all
rights not expressly granted in and to the Website and the Content. You agree
to not engage in the use, copying, or distribution of any of the Content other
than expressly permitted herein, including any use, copying, or distribution of
Uploads of third parties obtained through the Website for any commercial
purposes without the express written consent of Filmmakers and/or InMyShorts.
If you download or print a copy of the Content for personal use, you must
retain all copyright and other proprietary notices contained therein. You agree
not to circumvent, disable or otherwise interfere with security related
features of the InMyShorts Website or features that prevent or restrict use or
copying of any Content or enforce limitations on use of the InMyShorts Website
or the Content therein.
5. Uploads
InMyShorts accepts and posts short films uploaded by filmmakers (the “Films”
or “Uploads”) pursuant to a license agreement separate from these Terms of
Service.InMyShorts does not
endorse any Upload or any opinion, recommendation, or advice expressed therein,
and InMyShorts expressly disclaims any and all liability in connection with Uploads.
InMyShorts does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and InMyShorts will remove all
Content and Uploads if properly notified that such Content or Upload infringes
on another's intellectual property rights. InMyShorts reserves the right to
remove Content and Uploads without prior notice. InMyShorts will also terminate
a Filmmaker's access to its Website if they are determined to be a repeat
infringer. A repeat infringer is a Filmmaker who has been notified of
infringing activity more than twice and/or has had a Upload removed from the
Website more than twice. InMyShorts also reserves the right to decide whether
Content or a Upload is appropriate and complies with these Terms of Service for
violations other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene or defamatory
material, or excessive length. InMyShorts may remove such Uploads and/or
terminate a Filmmaker's access for uploading such material in violation of
these Terms of Service at any time, without prior notice and at its sole
discretion.
D. In particular, if you are a copyright owner or an agent thereof and
believe that any User Submission or other content infringes upon your
copyrights, 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 at a single online site are covered by a
single notification, a representative list of such works at that 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.
InMyShorts's designated Copyright Agent to receive notifications of claimed
infringement is: Mark L. Beigelman, Beigelman&Associates P.C., 100 Wall
Street, 23rd Floor, New York, New York 10005. For clarity, only DMCA
notices should go to the Copyright Agent; any other feedback, comments,
requests for technical support, and other communications should be directed to InMyShorts
customer service via email at support@inmyshorts.com. You acknowledge that if
you fail to comply with all of the requirements of this Section 5(D), your DMCA
notice may not be valid.
E. You understand that when using the InMyShorts Website, you will be
exposed to Uploads from a variety of sources, and that InMyShorts is not
responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such Uploads. You further understand and acknowledge
that you may be exposed to Uploads that are inaccurate, offensive, indecent, or
objectionable, and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against InMyShorts with
respect thereto, and agree to indemnify and hold InMyShorts, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the site.
F. InMyShorts permits you to link to materials on the Website for personal,
non-commercial purposes only. InMyShorts reserves the right to discontinue any
aspect of the InMyShorts Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE INMYSHORTS WEBSITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, INMYSHORTS, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. INMYSHORTS 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 OUR 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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN 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 INMYSHORTS WEBSITE. INMYSHORTS
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE INMYSHORTS
WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND INMYSHORTS 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL INMYSHORTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 OUR 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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR 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 YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INMYSHORTS
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT INMYSHORTS SHALL NOT BE LIABLE FOR UPLOADS
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.
The Website is controlled and offered by InMyShorts from its facilities in
the United States of America. InMyShorts makes no representations that the InMyShorts
Website is appropriate or available for use in other locations. Those who
access or use the InMyShorts Website from other jurisdictions do so at their
own volition and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless InMyShorts, its parent
corporation, officers, directors, employees and agents, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising from: (i) your
use of and access to the InMyShorts Website; (ii) your violation of any term of
these Terms of Service; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy right; or (iv)
any claim that one of your Uploads caused damage to a third party. This defense
and indemnification obligation will survive these Terms of Service and your use
of the InMyShorts Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and to
abide by and comply with these Terms of Service. In any case, you affirm that
you are over the age of 13, as the InMyShorts Website is not intended for
children under 13. If you are under 13 years of age, then please do not
use the InMyShorts Website—there are lots of other great web sites for you.
Talk to your parents about what sites are appropriate for you.
10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by InMyShorts
without restriction.
11. General
You agree that: (i) the InMyShorts Website shall be deemed solely based in New
Y and (ii) the InMyShorts Website shall be deemed a passive website that does
not give rise to personal jurisdiction over InMyShorts, either specific or
general, in jurisdictions other than New York. These Terms of Service shall be
governed by the internal substantive laws of the State of New York, without
respect to its conflict of laws principles. Any claim or dispute between you
and InMyShorts that arises in whole or in part from the InMyShorts Website
shall be decided exclusively by a court of competent jurisdiction located in New
York County, New York. These Terms of Service, together with the Privacy Notice
at http://www.InMyShorts.com/privacy and any other legal notices published by InMyShorts
on the Website, shall constitute the entire agreement between non-submitting
users and InMyShorts concerning the InMyShorts Website. If any provision of
these Terms of Service is deemed invalid by a court of competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Service, which shall remain in full force and
effect. No waiver of any term of this these Terms of Service shall be deemed a
further or continuing waiver of such term or any other term, and InMyShorts's
failure to assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. InMyShorts reserves the right
to amend these Terms of Service at any time and without notice, and it is your
responsibility to review these Terms of Service for any changes. Your use of
the InMyShorts Website following any amendment of these Terms of Service will
signify your assent to and acceptance of its revised terms. YOU AND INMYSHORTS
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE INMYSHORTS
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
