Terms

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1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE

Lunchbox Movies, LLC ("Lunchbox," "we," or "us") provides an online movie theatre service offering a selection of movies, clips, and other content (collectively, "Content") for viewing on the lunchboxmovies.com website (the "Lunchbox Site"), Lunchbox's affiliate and distribution partner websites ("Distribution Sites"), and other websites where users are permitted to embed Lunchbox's video player (the "Video Player") in accordance with these Terms of Use (these websites, together with the Lunchbox Site and Distribution Sites, are referred to collectively as the "Sites"). Our video service, our Video Player, and any other features, tools, applications, materials, or other services offered from time to time by Lunchbox in connection with its business on any of the Sites are referred to collectively as the "Lunchbox Services." We are a company based in the United States.

It is our pleasure to provide the Lunchbox Services for your personal enjoyment and entertainment. To enjoy Lunchbox and the Lunchbox Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use ("Terms of Use" or "Terms"). By visiting the Lunchbox Site (whether or not you are a registered member) or using any of the Lunchbox Services on any of the Sites, you are agreeing to these Terms. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at support@lunchboxmovies.com (subject line: "TOU Question").

2. CHANGES TO THE TERMS OF USE BY LUNCHBOX

Lunchbox may change these Terms of Use at any time and such change shall be effective upon posting of any new Terms of Use on the Lunchbox Site at http://www.lunchboxmovies.com/page/terms. Any visit to the Lunchbox Site or use of the Lunchbox Services on any of the Sites by you after the new Terms are posted will be deemed to evidence your agreement to such change. Therefore, it is important you read this page regularly to ensure that you are familiar with the most updated Terms.

3. ACCESS AND USE OF THE LUNCHBOX SERVICES

You must be at least 13 years of age to visit the Lunchbox Site or use the Lunchbox Services on any Site.  Some content may contain material flagged by the user community that may be inappropriate for some users.  This Website may contain mature or adult content or other material that may not be suitable for minors. Clicking the link and viewing videos will be construed as acknowledgment that you are 18 years of age or older and may legally view mature content.

Your License. Lunchbox is pleased to grant you a limited license to view the Content and to use the Lunchbox Services for personal, non-commercial purposes as set forth in these Terms.

The Content. You may only view the Content personally and for a non-commercial purpose. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by Lunchbox in writing. The Content covered by this restriction includes any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Lunchbox in writing. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of charge.

The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes disabling, reverse engineering, modifying, or otherwise circumventing the Video Player in a manner that enables users to view the Content without displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located.

Ownership. You agree that Lunchbox owns and retains all rights to the Lunchbox Services. You further agree that the Content provided to you and other users as part of the Lunchbox Services is owned by Lunchbox and Lunchbox's licensors. The Lunchbox Services and the Content are protected by copyright, trademark, and other intellectual property laws.

4. YOUR ACCEPTANCE

By using and/or visiting this website you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)Lunchbox Movies' privacy notice, found at http://www.lunchboxmovies.com/page/privacy and incorporated here by reference, and (3) The Lunchbox Movies Community Guidelines, found at http://www.lunchboxmovies.com/page/help and also incorporated here by reference. If you do not agree to any of these terms, the Lunchbox Movies privacy notice, or the Community Guidelines, please do not use the Website.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.lunchboxmovies.com/page/terms). Lunchbox Movies may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

5. LUNCHBOX MOVIES WEBSITE

These Terms of Service apply to all users of the Lunchbox Movies Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Lunchbox Movies Website includes all aspects of Lunchbox Movies, including but not limited to all products, software and services offered via the website such as the Lunchbox Movies channels, the Lunchbox Movies "Embeddable Player," the Lunchbox Movies "Uploader" and other applications.

The Lunchbox Movies Website may contain links to third party websites that are not owned or controlled by Lunchbox Movies. Lunchbox Movies has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Lunchbox Movies will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Lunchbox Movies 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 Lunchbox Movies Website and to read the terms and conditions and privacy policy of each other website that you visit.

6. LUNCHBOX MOVIES ACCOUNTS

In order to access some features of the Website, you will have to create a Lunchbox Movies 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 Lunchbox Movies immediately of any breach of security or unauthorized use of your account.

Although Lunchbox Movies will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Lunchbox Movies or others due to such unauthorized use.

7. GENERAL USE OF WEBSITE - PERMISSIONS AND RESTRICTIONS

Lunchbox Movies hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

  • You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without prior written authorization of Lunchbox Movies.
  • You agree not to alter or modify any part of the Website or any of its related technologies.
  • You agree not to access User Submissions (defined below) or Lunchbox Movies Content through any technology or means other than the video playback pages of the Website itself or other explicitly authorized means Lunchbox Movies may designate.
  • You agree not to use the Website for any commercial use, without the prior written authorization of Lunchbox Movies. Prohibited commercial uses include any of the following actions taken without express approval of Lunchbox Movies:
  • sale of access to the Website or its related services on another website;
  • use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
  • the sale of advertising, on the Lunchbox Movies website or any third-party website, targeted to the content of specific User Submissions or Lunchbox Movies content;
  • and any use of the Website or its related services that Lunchbox Movies finds, in its sole discretion, to use resources of Lunchbox Movies or User Submissions with the effect of competing with or displacing the market for Lunchbox Movies, Lunchbox Movies content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)
  • Prohibited commercial uses do not include:
  • uploading an original video to Lunchbox Movies, or maintaining an original channel on Lunchbox Movies, to promote your business or artistic enterprise;
  • using the Website to show Lunchbox Movies videos on an ad-enabled blog or website, provided the primary purpose of using the Website is not to gain advertising revenue or compete with Lunchbox Movies;
  • any use that Lunchbox Movies expressly authorizes in writing.

(For more information about what constitutes a prohibited commercial use, see our FAQ.)

8. IF YOU USE THE LUNCHBOX MOVIES UPLOADER

You agree that it may automatically download and install updates from time to time from Lunchbox Movies. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Lunchbox Movies to deliver these to you) as part of your use of the Uploader.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Lunchbox Movies 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, Lunchbox Movies grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Lunchbox Movies 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 (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Lunchbox Movies Community Guidelines, and all applicable local, national, and international laws and regulations.

Lunchbox Movies reserves the right to discontinue any aspect of the Lunchbox Movies Website at any time.

9. YOUR USE OF CONTENT ON THE SITE

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Lunchbox Movies Website.

The content on the Lunchbox Movies Website, except all User Submissions (as defined below), including without limitation, 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 Lunchbox Movies, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, 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. Lunchbox Movies reserves all rights not expressly granted in and to the Website and the Content.

You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Lunchbox Movies Website. You shall not copy or download any User Submission unless you see a "download" or similar link displayed by Lunchbox Movies on the Lunchbox Movies Website for that User Submission.

User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Lunchbox Movies Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Lunchbox Movies Website or otherwise as prohibited under this Agreement.

You may access Lunchbox Movies Content, User Submissions and other content only as permitted under this Agreement. Lunchbox Movies reserves all rights not expressly granted in and to the Lunchbox Movies Content and the Lunchbox Movies Website.

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 User Submissions of third parties obtained through the Website for any commercial purposes.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Lunchbox Movies Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Lunchbox Movies Website or the Content therein.

You understand that when using the Lunchbox Movies Website, you will be exposed to User Submissions from a variety of sources, and that Lunchbox Movies is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions 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 Lunchbox Movies with respect thereto, and agree to indemnify and hold Lunchbox Movies, 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.

10. YOUR USER SUBMISSIONS AND CONDUCT

As a Lunchbox Movies Filmmaker account holder you may submit video content ("User Videos") and textual content ("User Comments").  Any other account holder may submit textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Lunchbox does not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Lunchbox Movies to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Lunchbox Movies, you hereby grant Lunchbox Movies a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Lunchbox Movies Website and Lunchbox Movies' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Lunchbox Movies Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Lunchbox Movies Website a non-exclusive license to access your User Submissions through the Website, and to display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Lunchbox Movies Website. You understand and agree, however, that Lunchbox Movies may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Lunchbox Movies all of the license rights granted herein.

You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Lunchbox Movies Community Guidelines, found at http://www.lunchboxmovies.com/page/help, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

Lunchbox Movies does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Lunchbox Movies expressly disclaims any and all liability in connection with User Submissions. Lunchbox Movies does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Lunchbox Movies will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Lunchbox Movies reserves the right to remove Content and User Submissions without prior notice.

11. ACCOUNT TERMINATION POLICY

Lunchbox Movies will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

Lunchbox Movies reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Lunchbox Movies may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

12. DIGITAL MILLENIUM COPYRIGHT ACT

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):

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

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;

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;

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

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

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.

Your Responsibilities. In order for us to keep the Lunchbox Services safe and available for everyone to use, we all have to follow these rules. In general, you and other users must use the Lunchbox Services for lawful and appropriate purposes only. Your commitment to this principle is critical. You agree not to use the Lunchbox Services in a way that:

  • violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
  • uses technology or other means to access the Content or the Lunchbox Services that is not authorized by Lunchbox (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, reproduction, or distribution of the Content or Lunchbox Services);
  • involves accessing the Lunchbox Services through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the Lunchbox Services and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content);
  • attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • attempts to damage, disable, overburden, impair, or gain unauthorized access to the Lunchbox Services, including Lunchbox's servers, computer network, or user accounts;
  • attempts to remove, modify, disable, or otherwise impair any advertising in connection with the Lunchbox Service;
  • attempts to collect personally identifiable information in violation of Lunchbox's Privacy Policy;
  • encourages conduct that would constitute a criminal offense or give rise to civil liability;
  • violates these Terms or any guidelines or policies posted by Lunchbox; or
  • interferes with any other party's use and enjoyment of the Lunchbox Services.

No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Lunchbox Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Lunchbox Services, you acknowledge that you will have caused substantial harm to Lunchbox and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Lunchbox $50 for each such unsolicited communication you send through the Lunchbox Services.

Downloads. In order to participate in certain Lunchbox Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue ” temporarily or permanently” some or all of the Lunchbox Services with respect to any or all users, at any time without notice. You acknowledge that Lunchbox may do so in Lunchbox's sole discretion. You also agree that Lunchbox will not be liable to you for any modification, suspension, or discontinuance of the Lunchbox Services.

13. PAYMENTS

Access to the Lunchbox Site and use of some of the Lunchbox Services is free. If we feel it is appropriate to charge for certain premium Lunchbox Services, we will, of course, notify you. You then will have an opportunity not to use such premium Lunchbox Services if you are not interested in paying for them. You are responsible for any costs you incur to access the internet.  All payments are processed through a secure third-party system and user financial information is not reatained in our records.

14. ACCOUNTS AND REGISTRATION

We may from time to time offer various features that require registration or the creation of an account on the Lunchbox Site. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.

All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at support@lunchboxmovies.com (subject line: "Account Security Breach") as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

You may terminate your account by emailing support@lunchboxmovies.com (subject line: "Account Termination Request") or through your Account information page. If you email, please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.

We reserve the right to immediately terminate your account or your use of the Lunchbox Services at any time, without notice or liability, if Lunchbox determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Lunchbox Services if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Lunchbox servers being made or the volume of User Material (as defined below in Section 12) being Posted.

15. COLLECTION AND USE OF PERSONAL INFORMATION

For information about Lunchbox's policies and practices regarding the collection and use of your personally identifiable information, please read Lunchbox's Privacy Policy located at http://www.lunchboxmovies.com/page/help. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the Lunchbox Site and use of the Lunchbox Services on any of the Sites are governed by the Lunchbox Privacy Policy in effect at the time of your use.

16. USER REVIEWS, COMMENTS, AND OTHER MATERIAL

Your Posts. As part of the Lunchbox Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the Lunchbox Services enjoyable for all of our users, you must adhere to the rules below.

Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Lunchbox Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material (as defined above); or (b) improperly claims the identity of another person. You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number, or street address or site passwords.

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Lunchbox the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Lunchbox will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that Lunchbox does not guarantee any confidentiality with respect to any User Material.

Lunchbox does not claim any ownership rights in User Material that you Post. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Lunchbox a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Lunchbox Services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. Without this license, we would not be able to provide your User Material in connection with the Lunchbox Services. For example, without the right to modify User Material, we could not format it to satisfy technical requirements, and without the right to publish User Material, we could not allow other users to view your User Material. The license you grant to Lunchbox is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Lunchbox), fully-paid, and royalty-free (meaning that Lunchbox is not required to pay you for the use of your User Material), and sublicensable (so that Lunchbox is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks to provide the Lunchbox Services). By Posting your User Material, you also hereby grant each user of the Lunchbox Services a non-exclusive limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Lunchbox Services and under these Terms of Use.

Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Lunchbox does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Lunchbox. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Lunchbox assume any responsibility or liability whatsoever for any User Material and you agree to waive any legal or equitable rights or remedies you may have against Lunchbox with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the Lunchbox Services is not available for a specific instance of inappropriate User Material, please email support@lunchboxmovies.com (subject line: "Inappropriate User Material")

17. LINKED WEBSITES AND ADVERTISING

Third Party Websites. If we provide links or pointers to other websites, you should not infer or assume that Lunchbox operates, controls, or is otherwise connected with these websites. When you click on a link within the Lunchbox Services, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases, it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another website.

Lunchbox is not responsible for the content or practices of any website other than the Lunchbox Site, even if it links to the Lunchbox Site and even if the website is operated by a company affiliated or otherwise connected with Lunchbox. By using the Lunchbox Services, you acknowledge and agree that Lunchbox is not responsible or liable to you for any content or other materials hosted and served from any website other than the Lunchbox Site.

Advertisements. Lunchbox takes no responsibility for advertisements or any third party material posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Lunchbox Services are between you and the advertiser, and you agree that Lunchbox is not liable for any loss or claim that you may have against an advertiser.

18. TRADEMARKS

Lunchbox, the Lunchbox logo, www.lunchboxmovies.com, and other Lunchbox marks, graphics, logos, scripts, and sounds are trademarks of Lunchbox. None of the Lunchbox trademarks may be copied, downloaded, or otherwise exploited.

19. UNSOLICITED SUBMISSIONS

Lunchbox does not knowingly accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Lunchbox's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Lunchbox creative work, including a film, series, story, title, or concept, would be purely coincidental.

20. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE LUNCHBOX SERVICES, YOU AGREE THAT USE OF THE LUNCHBOX SERVICES IS AT YOUR OWN RISK. THE LUNCHBOX SERVICES, INCLUDING THE LUNCHBOX SITE AND THE OTHER SITES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LUNCHBOX DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE LUNCHBOX SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL LUNCHBOX OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE "LUNCHBOX PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE LUNCHBOX SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE LUNCHBOX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF 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.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE LUNCHBOX PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE LUNCHBOX SERVICES.

21. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any Content, User Material, or other material provided through the Lunchbox Services, including through a link, infringes your copyright, you should notify Lunchbox of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement which Lunchbox receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Lunchbox's Copyright Agent at dmc@lunchboxmovies.com (subject line: "DMCA Takedown Request"). You may also contact us by mail or through our phone number on the website.

Lunchbox Movies
PO Box 5271
Alpharetta, GA 30023

To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Lunchbox Services that is reasonably sufficient to enable Lunchbox to identify and locate the material; (d) how Lunchbox can contact you, such as your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to dmca@Lunchboxmovies.com for purposes other than communication about copyright infringement may not be answered.

Lunchbox has a policy of terminating repeat infringers in appropriate circumstances.

22. GENERAL INFORMATION

International Use. Lunchbox's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where Lunchbox does not have rights is prohibited.

Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Lunchbox Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

Choice of Law. These Terms of Use are governed by, and construed in accordance with, the laws of the State of Georgia without giving effect to principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts located in the State of Georgia.

No Waiver/Reliance. If you see other parties violating these Terms from time to time, we would appreciate it if you would let us know at support@lunchboxmovies.com (subject line: "TOU Violation"). Precisely how Lunchbox responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Lunchbox's precise response with respect to one party or one situation as any indication of what Lunchbox might do with respect to another party or another situation, even if the parties or situations appear to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Lunchbox's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if Lunchbox acts in a way that appears to you to be inconsistent with these Terms of Use, Lunchbox's action shall not be deemed a waiver or constructive amendment of these Terms.

Integration, Amendment, and Severability. Please note that these Terms of Use, including Lunchbox's Privacy Policy which is incorporated in these Terms, constitute the entire legal agreement between you and Lunchbox and govern your use of the Lunchbox Services (but excludes any services, if any, that Lunchbox may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Lunchbox in relation to the Lunchbox Services. These Terms may not be amended or varied except in a writing signed by Lunchbox. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

No Use of Electronic or Digital Signatures. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for purposes of these Terms of Use, a signature or "signed" writing or written agreement may not include an electronic or digital signature.

Thank you for taking the time to read these Terms of Use. These Terms of Use will be updated from time to time, so you should check back frequently to read the most recent Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users.

Whew, with all that said, enjoy the Lunchbox Services!

LunchBoxMovies.com rocks!

LunchBox Movies Pick

[Image: Man Alive]

Man Alive

Views:
10
  • 4/5 Stars

Even the last man on the face of the ear...

What is Lunchbox Movies?

LunchBox Movies is an online movie theatre that showcases films from around the world. Our creators have harnessed an impressive array of ideas and made them a reality. LunchBox is creating an environment for filmmakers outside the traditional distribution model-one where they can effortlessly connect with viewers around the world.