Last Updated: December 6, 2017
BOOSTYOURFILM S.A.S. (“BOOSTYOURFILM,” “we,” or “us”) offers an online video sharing platform and community through its website located at BOOSTYOURFILM.com and other BOOSTYOURFILM-operated sites (collectively, the “BOOSTYOURFILM Site”), mobile applications, connected TV applications, and other online services (collectively and including the BOOSTYOURFILM Site, the “BOOSTYOURFILM Service”). By registering as a member or by using BOOSTYOURFILM.COM in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and BOOSTYOURFILM. If you do not wish to be bound by this Agreement, do not use BOOSTYOURFILM.COM. **
Content
- Who May Use BOOSTYOURFILM.COM
- License to Use BOOSTYOURFILM.COM
- Privacy
- Membership
- Subscriptions and Purchases
- Term and Termination; Account Deletion
- Content Restrictions
- Code of Conduct
- Licenses Granted by You
- Your Representations and Warranties
- Indemnification
- Third Party Copyrights and Other Rights
- Disclaimers
- LimitationofLiability
- GeneralProvisions
1. Who May Use BOOSTYOURFILM.COM
AGE REQUIREMENT: If you are a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use BOOSTYOURFILM.COM. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use BOOSTYOURFILM.COM, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of BOOSTYOURFILM.COM. If your minor child is using BOOSTYOURFILM.COM and does
not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether BOOSTYOURFILM.COM is appropriate for your minor child, please contact us.
WARNING: Even if you are old enough to use BOOSTYOURFILM.COM and/or have your parent’s or guardian’s permission, some of the content available within BOOSTYOURFILM.COM may not be appropriate for you. Some content may contain nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use BOOSTYOURFILM.COM
LICENSE: BOOSTYOURFILM grants you a limited, non-exclusive license to access and use BOOSTYOURFILM.COM for your own personal, non-commercial purposes. This includes the right to view content available on BOOSTYOURFILM.COM. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use BOOSTYOURFILM.COM for commercial purposes unless:
- You are using BOOSTYOURFILM commercial and advertising offers, in which case you may use and access BOOSTYOURFILM.COM for commercial and non- commercial purposes, subject to compliance with the BOOSTYOURFILM Guidelines; or
- You are a very small-scale independent production company, non-profit, or artist, in which case you may use BOOSTYOURFILM.COM to showcase or promote your own creative works.
RESTRICTIONS: Except as expressly permitted by BOOSTYOURFILM in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble BOOSTYOURFILM.COM or any source code therein. Nor will you attempt to circumvent any of BOOSTYOURFILM’s technical measures or take any measures to interfere with or damage BOOSTYOURFILM.COM. All rights not expressly granted by BOOSTYOURFILM are reserved.
MOBILE APP: Your use of BOOSTYOURFILM.COM through one of our mobile applications is also subject to our Mobile App Addendum.
3. Privacy
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:
• What information we may collect about you; • What we use that information for; and
• With whom we share that information.
4. Membership
REGISTRATION: To fully use BOOSTYOURFILM.COM, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to BOOSTYOURFILM and notify us if your information changes. If you are a business, governmental, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, governmental, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using BOOSTYOURFILM.COM. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Subscriptions and Purchases
SUBSCRIPTIONS: We are exclusively offering free BOOSTYOURFILM memberships, paid subscriptions by third parties are prohibited. Storage limits are calculated based upon source files. We reserve the right to block content for excessive use of bandwidth where plays occur on third-party sites and applications outside the native BOOSTYOURFILM player or apps.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use BOOSTYOURFILM.COM and
continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Accounts may be deleted from BOOSTYOURFILM.COM if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.
TERMINATION FOR BREACH: BOOSTYOURFILM may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if BOOSTYOURFILM determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage BOOSTYOURFILM’s reputation and goodwill. If BOOSTYOURFILM deletes your account for the foregoing reasons, you may not re-register for BOOSTYOURFILM.COM. BOOSTYOURFILM may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by BOOSTYOURFILM will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. BOOSTYOURFILM shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit any content (text, image, audio recording, video, or other work that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non- sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
All videos you submit must also comply with the BOOSTYOURFILM Guidelines, which are incorporated into this Agreement.
8. Code of Conduct
In using BOOSTYOURFILM.COM, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within theBOOSTYOURFILM Site (unless you are an official BOOSTYOURFILM partner or advertiser and have a written agreement with BOOSTYOURFILM).
BOOSTYOURFILM has the right, but not the obligation, to monitor all conduct on and content submitted to BOOSTYOURFILM.COM.
9. Licenses Granted by You
Text, images, sound-tracks, music, video, or any other work (hereafter content)
As between you and BOOSTYOURFILM, you own all content that you submit to BOOSTYOURFILM.COM. You grant BOOSTYOURFILM and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so- called “moral rights” in your content. You further grant all users of BOOSTYOURFILM.COM permission to view your content for their personal, non- commercial purposes. If you make suggestions to BOOSTYOURFILM on improving or adding new features to BOOSTYOURFILM.COM, BOOSTYOURFILM shall have the right to use your suggestions without any compensation to you.
DURATION OF LICENSES: The above licenses will continue unless and until you remove your content from BOOSTYOURFILM.COM. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed content may be cached in search engine indices after removal and that BOOSTYOURFILM has no control over such caching.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to BOOSTYOURFILM and grant the licenses set forth above; (ii) BOOSTYOURFILM will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
11. Indemnification
You will indemnify, defend, and hold harmless BOOSTYOURFILM and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on BOOSTYOURFILM.COM; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to BOOSTYOURFILM violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights
BOOSTYOURFILM respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at contact[at]BOOSTYOURFILM[dot]com.
13. Disclaimers
BOOSTYOURFILM reserves the right to modify the BOOSTYOURFILM website. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to BOOSTYOURFILM.COM. BOOSTYOURFILM has no obligation to screen or monitor any content and does not guarantee that any content available on BOOSTYOURFILM.COM complies with this Agreement or is suitable for all users.
BOOSTYOURFILM provides BOOSTYOURFILM.COM on an “as is” and “as available” basis. You therefore use BOOSTYOURFILM.COM at your own risk. BOOSTYOURFILM expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, BOOSTYOURFILM makes no representations or warranties:
- That BOOSTYOURFILM.COM will be permitted in your jurisdiction;
- That BOOSTYOURFILM.COM will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party’s use of content that you submit;
- That any content you submit will be made available on BOOSTYOURFILM.COM or will be stored by BOOSTYOURFILM;
- That BOOSTYOURFILM.COM will meet your business or professional needs;
- That BOOSTYOURFILM will continue to support any particular feature ofBOOSTYOURFILM.COM; or
- Concerning sites and resources outside of BOOSTYOURFILM.COM, even if linked to from BOOSTYOURFILM.COM.
14. Limitation of Liability
To the fullest extent permitted by law: (i) BOOSTYOURFILM shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) BOOSTYOURFILM’s total liability to you shall not exceed the amounts paid for services by you to BOOSTYOURFILM over the twelve (12) months preceding your claim(s).
15. General Provisions
BOOSTYOURFILM is not the primary producer of the visual content contained in BOOSTYOURFILM.COM.
GOVERNING LAW: This Agreement shall be governed by FRENCH and European legislation, without regard to principles of conflicts of law.
DISPUTES: Any action arising out of or relating to this Agreement or your use of BOOSTYOURFILM.COM must be commenced in the Tribunal de Commerce de Lyon, France (and you consent to the jurisdiction of this court). In any such action, BOOSTYOURFILM and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by BOOSTYOURFILM in exercising any right hereunder will waive any further exercise of that right. BOOSTYOURFILM’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without BOOSTYOURFILM’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from BOOSTYOURFILM electronically. BOOSTYOURFILM may provide all such communications by email or by posting them on BOOSTYOURFILM.COM. For support-related inquiries, you may contact us. You may send notices of a legal nature to BOOSTYOURFILM at contact[at]BOOSTYOURFILM[dot]com or the following address:
BOOSTYOURFILM, Tour Part Dieu, 129 rue Servient, 69003 Lyon – France
Nothing herein shall limit BOOSTYOURFILM’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by BOOSTYOURFILM on the BOOSTYOURFILM Site or a written amendment signed by an authorized representative of BOOSTYOURFILM. A revised Terms of Service will be effective as of the date it is posted on the BOOSTYOURFILM Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
- Privacy Policy
- BOOSTYOURFILM Guidelines
- Copyright Policy
This Agreement constitutes the entire understanding between BOOSTYOURFILM and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this Agreement does not govern any use of BOOSTYOURFILM’s application protocol interface (API), which is governed by our API Agreement.
END OF DOCUMENT. Have a nice day.
