Updated May 1, 2018
Grave Reviews furnishes the GR Services for your personal enjoyment and entertainment by offering various content including but not limited to periodicals, reviews and news on the horror industry, supernatural, urban legends, historical events, current events, movies, music, games and other entertainment resources and events related to the horror genre. By using any GR Service (whether or not you have an account or subscription) or by clicking a box that states that you accept and agree to this Agreement, you signify your agreement to be bound by this Agreement, including any future modifications, and any Additional Terms and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Agreement carefully. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you may not use the GR services and must discontinue use of the GR Services immediately. Grave Reviews may modify this Agreement at any time, and each such modification will be effective upon posting on or to the GR Service. All material modifications will apply prospectively only. Your continued use of the GR Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement as so modified. It is therefore important that you review this Agreement regularly. GR may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help Grave Reviews manage and provide the GR Services.
ACCESS AND USE
The GR Site is intended solely for your personal and non-commercial use. Grave Reviews may change, suspend, or discontinue the GR Site (or any feature thereof) at any time. Grave Reviews may also impose limits on certain features and services offered on the GR Site or restrict your access to parts or all of the GR Site without notice or liability. You acknowledge that from time to time, the GR Site may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunction; (ii) periodic maintenance procedures or repairs which Grave Reviews may undertake from time to time; or (iii) causes beyond the control of Grave Reviews or which are not reasonably foreseeable by Grave Reviews.
LIMITED CONTENT LICENSE
The GR Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of Grave Reviews and GR Affiliates and their licensors and assignors (“GR Content”), as well as materials and Content provided by users (“User Content”) or other third-parties. GR Content contained in the GR Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Grave Reviews Inc., its licensors, or its assignors, own and retain all rights in the GR Content and GR Services. Grave Reviews hereby grants you a limited, revocable, nonsublicensable, nontransferable license, to access and display or perform the GR Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the GR Services. The GR Services may also contain User Content. Except as provided in this Agreement or as explicitly allowed in the Additional Terms on the applicable GR Service, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the GR Services.
Except as explicitly and expressly permitted by Grave Reviewsor by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the GR Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the GR Content contained in the GR Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the GR Content, including geo-filtering mechanisms. Except as necessary in order to make reference to Grave Reviews or GR Services in a purely descriptive capacity, you are expressly prohibited from using any GR Content in any manner.
You may not, without the Grave Reviews’ written permission, “mirror” any GR Contents contained on the GR Site or any other server. You may not use the GR Site for any purpose that is unlawful or prohibited by the Agreement. You may not use the GR Site in any manner that could damage, disable, overburden, or impair the GR Site, or interfere with any other party’s use and enjoyment of the GR Site. You may not attempt to gain unauthorized access to the GR Site through hacking, password mining or any other means. Grave Reviews reserves the right, in its sole discretion, to terminate your access to the GR Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
USER ENGAGEMENT WITH THE GR SERVICES
You may be given the opportunity to review and post User Comments using the GR Services. Your User Comments must adhere to this agreement, to the extent applicable, foreign, national, state or local laws. If a comment is made using your identity, it will be deemed to have been posted by you. Grave Reviews will not accept responsibility for User Comments and other Information posted in the comments. If Grave Reviews receives notice that any User Comments are not in compliance with this Agreement or the intended user of the User Comments, Grave Reviews may remove such User Comments. Additionally, engaging in such conduct may result in you and/or your account being banned from the GR Services.
RESTRICTIONS ON USE OF THE GR SERVICES
Grave Reviews reserves the right to remove any and all Content in its sole discretion. You understand that you are responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the GR Services. Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose carefully the information that you post on, through or in connection with the GR Services. You understand that Grave Reviews does not control the User Content posted by users via the GR Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. Grave Reviews assumes no responsibility or liability for any User Content.
Grave Reviews assumes no responsibility for monitoring the GR Services for inappropriate Content or conduct. If at any time, Grave Reviews chooses in its sole discretion to monitor the GR Services, Grave Reviews nonetheless assumes no responsibility for Content other than GR Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor.
You agree not to use the GR Services to:
- Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the GR Services;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the GR Services, including Grave Reviews’ servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the GR Services;
- Delete or revise any information provided by or pertaining to any other user of the GR Services;
- Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the GR Services, or to circumvent or modify any security technology or software that is part of the GR Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the GR Services. If you do so, you acknowledge you will have caused substantial harm to Grave Reviews, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Grave Reviews $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent;
- Engage in commercial activity (including, but not limited to, advertisements or solicitations of, business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the GR Content; or building a business using the GR Content) without Grave Review’ prior written consent; using technology or other means to access, index, frame, or link to the GR Services (including the Content) that is not authorized by Grave Reviews (including, without limitation, by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of GR Content);
- Accessing GR Services (including the Content) 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 GR Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
- Use the GR Services to advertise or promote competing services;
- Use the GR Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
Grave Reviews reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Grave Reviews, or for any other reason in Grave Reviews’ sole discretion and without notice to you. You acknowledge that Grave Reviews reserves the right to investigate and take appropriate legal action against anyone who, in Grave Review’ sole discretion, violates this Agreement, including but not limited to, terminating their account and/or subscription and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Grave Reviews may access, preserve or disclose information you provide to or through the GR Services or that we have collected about you, including registration information and User Content, when Grave Reviews has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Grave Reviews, our parents, subsidiaries or affiliates (“GR Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the GR Services or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to requests from public and government authorities. If Grave Reviews sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Grave Reviews may transfer your information to the party or parties involved in the transaction as part of that transaction.
Grave Reviews reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Grave Reviews assumes no responsibility for any loss of your User Content due to it being removed by Grave Reviews or for any other reason.
THIRD-PARTY LINKS AND SERVICES
DISCLAIMERS OF WARRANTIES
THE GR SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND GRAVE REVIEWS DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE GR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRAVE REVIEWS EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GRAVE REVIEWS MAKES NO WARRANTY THAT YOUR USE OF THE NG SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE GR SERVICES WILL BE CORRECTED, THAT THE GR SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE GR SERVICES OR THIRD-PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD-PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL GRAVE REVIEWS OR OUR GRAVE REVIEWS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE GR SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE GR SERVICES, ATTENDANCE AT AN GRAVE REVIEWS EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE GR SERVICES, ANY USER CONTENT, ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE GR SERVICES, OR THE CONDUCT OF ANY USERS OF THE GR SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD-PARTY ADVERTISEMENTS, THIRD-PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE GR SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE GR SERVICES.
User Content, third-party advertisements and Third-Party Services do not necessarily reflect the opinions or policies of Grave Reviews or of our GR Affiliates.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRAVE REVIEWS NOR OUR GR AFFILIATES ARE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE GR SERVICES, EVEN IF GRAVE REVIEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRAVE REVIEWS AND OUR GR AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GRAVE REVIEWS, FOR THE GR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF GRAVE REVIEWS’ ACTS OR OMISSIONS OR YOUR USE OF GR SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE GR SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GRAVE REVIEWS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Grave Reviews agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of this Agreement or the GR Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE GR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
REMOVAL OF MATERIAL THAT INFRINGES COPYRIGHTS
Grave Reviews respects the intellectual property of others and requires that our users do the same. Grave Reviews has a policy that provides for the termination in appropriate circumstances of users and account holders of GR Services who are repeat infringers. Grave Reviews also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.
If you believe materials on the GR Services infringes your copyright.
If you believe that any materials residing on or linked to from GR Services infringes your copyright, you must send a written notification of claimed infringement that contains substantially all of the following information to the GR Copyright Agent: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Grave Reviews to locate the material on the GR Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit Grave Reviews to contact you, such as an address, telephone number, and an email address; (d) 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 Applicable Law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Grave Reviews’Copyright Agent for notification of a claimed infringement can be reached as follows:
Grave Reviews, Inc.
55 Liberty Street, Suite 17C
New York, New York 10005
Please be sure to send the notification to the attention of the GR Site on which your claimed infringement occurred. If you wish to notify the Grave Reviews Copyright Agent electronically, please submit an email to firstname.lastname@example.org.
If you posted materials to an GR Service that was removed due to notice by a copyright owner.
If you posted materials to the GR Services that Grave Reviews removed due to a notice of a claimed infringement from a copyright owner, Grave Reviews will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on GR Services or by written or electronic communication to such address(es) you have provided toGrave Reviews, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Grave Reviews is located, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and (iv) your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.