Midnight Horror Show Terms and Conditions
Welcome to Midnight Horror Show. MidnightHorrorShow.com, Inc. and/or its affiliates provide its website features and other services to you subject to the following conditions. If you visit MidnightHorrorShow.com, use other Midnight Horror Show services, products, or use software or mobile applications provided by Midnight Horror Show, you accept these conditions. Please read them carefully. In addition, when you use any current, or future Midnight Horror Show Services, you also will be subject to the guidelines, Terms and Conditions (“Terms”) applicable to that Midnight Horror Show Service. If these Terms and Conditions are inconsistent with the Terms provided for any Midnight Horror Show service, the Terms will control.
Privacy
Please review our Privacy Policy, which also governs your use of any Midnight Horror Show Service, to understand our practices.
Electronic Communications
When you use any Midnight Horror Show Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Midnight Horror Show Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this site in or made available through any Midnight Horror Show Service, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Midnight Horror Show or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Midnight Horror Show Service is the exclusive property of Midnight Horror Show or its content suppliers and protected by U.S. and international copyright laws. All software used in any Midnight Horror Show Service is the property of Midnight Horror Show or its software suppliers and protected by United States and international copyright laws.
Trademarks
Midnight Horror Show, Midnight Horror Show logo, and other marks indicated in any Midnight Horror Show Services using “Midnight Horror Show” are property of the MidnightHorrorShow.com in the United States and/or other countries. Other Midnight Horror Show graphics, logos, page headers, button icons, scripts, and service names are property or trade dress of Midnight Horror Show. Midnight Horror Show's property may not be used in connection with any product or service that is not Midnight Horror Show's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Midnight Horror Show. All other trademarks not owned by MidnightHorrorShow that appear on this site or in any MidnightHorrorShow Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MidnightHorrorShow.
Site Access
Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, Midnight Horror Show or its content providers grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and make personal and non-commercial use of the Midnight Horror Show Services, including digital content available through the Midnight Horror Show Services, and not to download (other than page caching) or modify this site, or any portion of it, except with express written consent of Midnight Horror Show. The Midnight Horror Show Services or any portion of such services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Midnight Horror Show. This license does not include any resale or commercial use of any Midnight Horror Show Service or its contents or any derivative use of this site or its contents. All licenses are non-exclusive and all rights not expressly granted to you in these Terms and Conditions or any applicable Terms are reserved and retained by Midnight Horror Show or its licensors, suppliers, publishers, rightsholders, or other content providers. You will use all Midnight Horror Show Services in compliance with all applicable laws.
Robots and Screen Scraping: You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with our express written consent as noted below.
Framing: You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Midnight Horror Show without express written consent.
Meta Tags: You may not use any meta tags or any other "hidden text" utilizing Midnight Horror Show's name or trademarks without the express written consent of Midnight Horror Show. Any unauthorized use terminates the permission or license granted by Midnight Horror Show.
Licensing Midnight Horror Show Content; Consent to Use Robots and Crawlers: If you are interested in receiving our express written permission to use Midnight Horror Show content for your non-personal (including commercial) use, please contact us at contactus@midnighthorrorshow.com. We do allow the limited use of robots and crawlers, such as those from certain search engines, with our express written consent.
Linking to MidnightHorrorShow.com:
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to MidnightHorrorShow.com so long as it does not portray Midnight Horror Show, its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MidnightHorrorShow logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account
If you use any Midnight Horror Show Service, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Midnight Horror Show reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. Midnight Horror Show reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. There is a zero-tolerance policy for discriminatory behavior, and it will result in being banned from the site. Some movie reviews, posters, images, or other content posted by users may contain nudity or other adult content. By using these services, you agree that you are using these services are of legal age to view these images and content, or have consent from a legal gaurdian who understands that some material on this site may be adult content at your own discretion, given the context of the site.
Your License to Midnight Horror Show:
If you do post content or submit material, and unless we indicate otherwise, you grant Midnight Horror Show a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Midnight Horror Show and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Midnight Horror Show for all claims resulting from content you supply. Midnight Horror Show has the right but not the obligation to monitor and edit or remove any activity or content. Midnight Horror Show takes no responsibility and assumes no liability for any content posted by you or any third party. If you would like to learn more about how we handle content that you submit, please review our Privacy Policy.
Copyright Complaints
Midnight Horror Show respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please reach out to us at contactus@midnighthorrorshow.com so that we can review and address your claim.
Disclaimer of Warranties and Limitation of Liability
THE MIDNIGHT HORROR SHOW SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MIDNIGHT HORROR SHOW SERVICES ARE PROVIDED BY MIDNIGHT HORROR SHOW ON AN "AS IS" AND "AS AVAILABLE" BASIS. MIDNIGHT HORROR SHOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MIDNIGHT HORROR SHOW SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MIDNIGHT HORROR SHOW SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MIDNIGHT HORROR SHOW SERVICES IS AT YOUR SOLE RISK. MIDNIGHT HORROR SHOW RESERVES THE RIGHT TO WITHDRAW ANY MIDNIGHT HORROR SHOW SERVICE OR DELETE ANY INFORMATION FROM THE MIDNIGHT HORROR SHOW SERVICES AT ANY TIME IN ITS DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIDNIGHT HORROR SHOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MIDNIGHT HORROR SHOW DOES NOT WARRANT THAT THE MIDNIGHT HORROR SHOW SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MIDNIGHT HORROR SHOW SERVICES, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM MIDNIGHT HORROR SHOW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIDNIGHT HORROR SHOW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MIDNIGHT HORROR SHOW SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MIDNIGHT HORROR SHOW SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Midnight Horror Show Software Terms
In addition to these Terms and Conditions, the terms found below in the “Additional Midnight Horror Show Software Terms” section apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Midnight Horror Show Services (“Midnight Horror Show Software”). If we provide specific Terms for the Midnight Horror Show Software and there is a conflict between the specific Terms for the Midnight Horror Show Software and these Terms and Conditions, the specific Terms for the Midnight Horror Show Software will govern.
Applicable Law
By using any Midnight Horror Show Service, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Midnight Horror Show.
Disputes
Any dispute or claim relating in any way to your use of any Midnight Horror Show Service, or any products or services sold or distributed by Midnight Horror Show or through the Midnight Horror Show Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
a. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
b. You and Midnight Horror Show each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and Midnight Horror Show each waive any right to a jury trial. You and Midnight Horror Show also both agree that you or we may bring suit in court to enjoin infringement or other misuse of registered or pending intellectual property rights noted on this site related to “Midnight Horror Show”.
Site Policies, Modification, and Severability
Please review our other policies. These policies also govern your use of Midnight Horror Show Services. We reserve the right to make changes to our site, policies, Terms, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Additional Midnight Horror Show Software Terms
You may use the Midnight Horror Show Software only in connection with the Midnight Horror Show Services. You may not separate any individual component of the Midnight Horror Show Software for use other than in connection with the Midnight Horror Show Services, incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, use it, or any portion of it, over a network, or sell, rent, lease, lend, loan, distribute or sub-license the Midnight Horror Show Software or otherwise assign any rights to the Midnight Horror Show Software in whole or in part. You may not use the Midnight Horror Show Software for any illegal purpose. We may discontinue some or all of any Midnight Horror Show Software we provide, and we may terminate your right to use any Midnight Horror Show Software at any time and in such event may modify it to make it inoperable. Your rights to use the Midnight Horror Show Software will automatically terminate without notice from us if you fail to comply with any of these terms. Additional third party terms contained within or distributed with certain Midnight Horror Show Software that are specifically identified in related documentation may apply to that Midnight Horror Show Software and will govern the use of that Midnight Horror Show Software in the event of a conflict with these Terms and Conditions.
When you use the Midnight Horror Show Software, you may also be using the services of one or more third parties. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. Some movie posters or images from these third party service may contain nudity or other adult content. By using these services, you agree that you are of legal age to view these images, or have consent from a legal gaurdian who understands that some material on this site may be adult content, given the context of the site.
You may not, and you will not encourage, assist or authorize any other person to modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Midnight Horror Show Software, whether in whole or in part, or create any derivative works from or of the Midnight Horror Show Software.
In order to keep the Midnight Horror Show Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Midnight Horror Show Software. If you are a U.S. Government end user, we are licensing the Midnight Horror Show Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Midnight Horror Show Software are the same as the rights we grant to all others under these Terms and Conditions.
