Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the Terms of this agreement. If you do not agree to all the Terms of this agreement, then you may not access the Website or use any services. If these Terms are considered an offer by the Author, acceptance is expressly limited to these Terms. The Blog and Forums is available only to individuals who are at least 13 years old.
When You leave a comment, the Author is automatically notified and receives e-mail information pertaining to the Commenter. The Author does not store this information for other purposes than to moderate comments. This information is not being sold or used for other purposes. If you have concerns with the way this information is used, please contact the Author directly to arrange for complete removal of this information. Removal of all personal information will result in the removal of any content the Commenter might have contributed to this Blog, including comments. This Blog is hosted in the United States of America in the state of Arizona. Be aware that laws regarding personal information and privacy may differ from Your location.
All the contents of the Blog, EXCEPT FOR COMMENTS, constitute the opinion of the Author, and the Author alone; they do not represent the views and opinions of the Author’s employers, supervisors, nor do they represent the view of organizations, businesses or institutions the Author is a part of. The Author is not a medical professional, legal scholar, or expert in anything other than bloviating. You should never substitute information from this Blog for information obtained from a licensed professional; always consult your doctor before using any prescription, drugs, supplements, or undergoing any treatments – this means You. This Blog is written entirely in English: un-proofed, unrevised, and corrected afterward only when necessary to address mistakes that grossly effect the intent. The content of this Blog is not intended to cause harm, but if You have any concerns about the contents of this Blog, please contact the Author. Disagreeing with the content of the Blog does not constitute sufficient ground for You to ask the Author to remove or modify any parts of this Blog. If You hold your breath and turn blue in protest, the Author is not responsible for any medical conditions that may arise. The Author is not being paid to write content on this Blog or to manage and in any way operate this Blog.
Guest Content and/or Reviews
From time to time, the Blog will invite guests (“the Guest”) to add their content and/or reviews to the Blog. Views and opinions expressed by the Guest are solely the Guest’s and do not express the views or opinions of the Blog and the Author. The Author is not responsible for the content made by the Guest(s).
All original text, images and other content being part of this Blog is property of the Author, unless noted otherwise. All film images, clips, sounds, music, marketing, logos and trademarks are property of their respective owners. You are not allowed to reproduce, sell, and modify any part of this Blog. You are welcome to link to this blog, and to discuss its contents in a respectful manner. When You quote or link to this Blog, please include the Blog’s name in your link. You are not authorized to use this content for personal profit. UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. Whenever copyrighted material is mentioned or used, the Author is doing so according to fair dealing practices. Use of material from this Blog according to fair dealing practices requires proper acknowledgment. Simply linking back to the Blog is not considered proper acknowledgment; please provide a link including the Author’s name, the name of the page you are linking, and a permanent link (“Permalink”) to that page.
The Author is not responsible for the content of any comments made by the Commenter(s). The Author is also not responsible for knowing whether the content of Your comment is breaking the law in other countries or jurisdictions. This Blog is a venue for discussion; therefore, the Author will not delete critical comments, or comments portraying a different opinion from the Author’s own. The Author does reserve the right to edit, delete, or not publish a comment if this is deemed to be potentially illegal (this includes, but is not limited to comments containing hateful, libelous, and defamatory content). All comments on this Blog have to be written in English. Please do not endanger Yourself or break the law when you comment. Comments intending to advertise and/or off-topic (“SPAM”) will be deleted. The Author also reserves the right (though not the obligation) to, in The Author’s sole discretion (i) refuse or remove any content that, in The Author’s reasonable opinion, violates any Blog or Forum’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Blog or Forum to any individual or entity for any reason, in the Author’s sole discretion. The Author will have no obligation to provide a refund of any amounts previously paid.
You are not authorized to (i) use this Blog to advertise for products of any kind and for other Blogs, (ii) to infringe the Copyright policy and Comment policy of this Blog, (iii) to attack this Blog using malicious software and/or use this Blog for data mining (iv) to commit any illegal actions while using the Blog, or against this Blog, (v) to restrict access to this Blog, (vi) to impede the normal functioning of this Blog and (vii) to menace the Author with, or cause physical or financial harm to, the Author of this Blog.
Your Blog and Forums Account(s)
If you create an account on the Blog and/or Forums, You are responsible for maintaining the security of Your account and You are fully responsible for all activities that occur under the account. You must immediately notify the Author of any unauthorized uses of Your account or any other breaches of security. The Author will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Forums Contributors
If You post material to the Forums, post links on the Forums, or otherwise make (or allow any third party to make) material available by means of the Forums (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if Your employer has rights to intellectual property you create, You have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- Your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- Your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Noirsville or otherwise.
Payment and Renewal
Optional paid services or upgrades may be available on the Blog and Forum. When utilizing an optional paid service or upgrade, You agree to pay the Author the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day You begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.
Unless You notify the Author before the end of the applicable subscription period that you want to cancel a service or upgrade, Your subscription will automatically renew and You authorize the Author to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism the Author has on record for You. Subscriptions can be canceled at any time.
Affiliate Marketing Links
This Blog may contain affiliate marketing links, which means The Author may get paid commission on sales of those products or services This Blog writes about and/or discuss via recorded podcast. The Author is a participant in the iTunes Affiliate Program, Fandango Affiliate Program, and the Amazon Services LLC Associates Program; affiliate advertising programs designed to provide a means for The Author to earn fees by linking to Amazon.com, iTunes.Apple.com, or their affiliated sites. The Author’s editorial content is not influenced by advertisers or affiliate partnerships. This disclosure is provided in accordance with the Federal Trade Commission’s 16 CFR § 255.5: Guides Concerning the Use of Endorsements and Testimonials in Advertising.
Third Party Vendors
The Author will charge Your donation to Your payment card account using PayPal Payments at the time of donating. The Author does not warrant that your donations will be used for any particular purpose, and shall not be responsible for any dissatisfaction you may have regarding the use of any donation you may make through the Website, its associated services, or websites powered by us or for any misuse or non-use of such donations. The Author reserves the right to use Your donation for this Blog’s general purposes. The Author will use Your donation for any purpose in accordance with their own rules.
Cookies Website Notice and Disclosure Statement
Responsibility of the Blog and Forums Visitors
The Author has not reviewed, and cannot review, all of the material, including computer software, posted to the Blog and Forums, and cannot therefore be responsible for that material’s content, use or effects. By operating the Blog and Forums, the Author does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Blog and Forums may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Blog and Forums may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Author disclaims any responsibility for any harm resulting from the use by visitors of the Blog and Forums, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
The Author has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Blog and Forums links, and that link to the Blog and Forums. The Author does not have any control over those non-Blog and non-Forums websites and webpages, and is not responsible for their contents or their use. By linking to a non-Blog and/or non-Forums website or webpage, The Author does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Author disclaims any responsibility for any harm resulting from Your use of non-Blog and/or non-Forums websites and webpages.
No Warranty or Condition; Links
The Author makes NO WARRANTY OF ANY KIND. If You choose to access the Blog, You do so AT YOUR OWN RISK. To the extent links and external content are based on or displayed in connection with the Blog, THE AUTHOR SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH LINKS AND SEARCH RESULTS, whether this external content is breaking the law in this or other jurisdictions. YOU AGREE TO USE THE BLOG AT YOUR OWN RISK, and that You will not consider the Blog’s content to be a suitable substitute for professional advice.
Copyright Infringement and DMCA Policy
As the Author asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that material located on or linked to by the Blog or Forums violates your copyright, and if You redise in the USA, You are encouraged to notify the Author in accordance with the Author’s Digital Millennium Copyright Act (“DMCA”) Policy. The Author will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Author will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Author or others. In the case of such termination, the Author will have no obligation to provide a refund of any amounts previously paid to the Author.
Legal notices and Contact information
If You are intending to carry out legal action of any kind against the Blog or the Author, you are required to contact the Author SEVEN BUSINESS DAYS before any legal claim is made. Please remember that the Author means to DO NO HARM to You or anyone else by writing this Blog. If You feel that your rights have been infringed, please contact the Author, and allow seven business days for the reply to be received. The Author will do whatever possible to address Your concerns. Please read our DMCA / Copyright Policy for more information.
This Agreement does not transfer from the Author to you any the Author or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Author. The Author, the Blog, the Forums, the Blog’s logo, and all other trademarks, service marks, graphics and logos used in connection with moviehousememories.com, or the Author and Forums are trademarks or registered trademarks of the Author or the Author’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Author or third-party trademarks.
The Author reserves the right to display attribution links such as ‘Powered by moviehousememories.com,’ theme author, and font attribution in your content footer.
No Guarantee and Disclaimer of Warranties
The Author makes no guarantee regarding the validity of the content of the Blog. The Author has been reported to embellish immensely. In addition, the Author does not guarantee that the Blog will be accessible at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond the Author’s control such as, but not limited to: strikes, riots, fires, floods, explosions, war, terrorism, governmental action, labor conditions, endings of Mayan calendars, natural and/or man-made disasters, or interruptions in Internet services to an area where the Author or Your servers are located. Although the Author will try to moderate comments quickly, the Author makes no guarantee to the Commenter that its comments will be displayed promptly, without modifications, or that they will be displayed at all, as all comments will be published to the discretion of the Author. The Blog and Forums are provided “as is”. The Author and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. You understand that You download from, or otherwise obtain content or services through, the Blog and Forums at your own discretion and risk.
The Author may terminate Your access to all or any part of the Blog and/or Forums at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or Your Blog and/or Forums account (if you have one), You may simply discontinue using the Blog and/or Forums. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitations of Liability
IN NO EVENT SHALL THE AUTHOR BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OR LOSSES, AND THE AUTHOR’S LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE GROSS MONTHLY AMOUNT PAID BY THE AUTHOR FOR HOSTING SERVICES DURING THE ONE MONTH PERIOD IMMEDIATELY FOLLOWING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential part of the Agreement. Without limiting the foregoing, the Author shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of the Author, including but not limited to governmental action, labor conditions, power failures, natural and/or man-made disasters. The Author is not liable for the content of any comments the Commenter might leave on this Blog (see Comment policy).
General Representation and Warranty
Obligation to Indemnify
You agree to indemnify, defend and hold the Author, its agents, and applicable third parties (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees, brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Blog and/or Your breach of any term of this Agreement.
Applicable Laws; Venue
The Author operates the Blog from the state of Arizona in the United States and makes no representations that materials in the Blog are appropriate or available for use in other locations. Access to the Blog from any location where the content is illegal is prohibited. Any claim related to the use of the Blog or to the Blog materials shall be governed by the laws of Arizona and the United States. Any action related to the access, use, content, or existence of this Blog shall be filed only in the appropriate court located within Arizona and/or the United States. The use of this Blog constitutes Your express permission and consent to the jurisdiction of the state and/or federal courts of the Unites States for purposes of such actions.
Changes to the Terms
The Author reserves the right, at its sole discretion, to modify or replace any part of these Terms at any time. You will only be notified by the Blog through posts or syndicated content (RSS), NOT IN PERSON. It is Your responsibility to check these Terms periodically for changes. Changes to the Terms will be effective 48 hours after the notice has been posted on the Blog. If You do not agree with the Terms, DO NOT USE THIS BLOG OR FORUMS. Your continued use of or access to the Blog and Forums following the posting of any changes to this Agreement constitutes acceptance of those changes. The Author may also, in the future, offer new services and/or features through the Blog and/or Forums (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms of this Agreement.