Welcome to the HorrorFuel website and online services (the “HorrorFuel Community”). The following Terms of Use for the HorrorFuel Community is a legal contract between you; as a visitor, user, or subscriber (“You”), and HorrorFuel Community regarding use of the HorrorFuel Community.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE HORRORFUEL COMMUNITY, YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING A BENEFIT AND HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”).
- Privacy Policy
Your privacy is important to HorrorFuel. HorrorFuel’s Privacy Policy is hereby incorporated into these Terms by reference. Please carefully read our Privacy Policy for information relating to HorrorFuel’s collection, use, and disclosure of your personal information. - Usage by Subscription
All usage of the Platform is by subscription. Subscriptions are yearly in length. All paid subscriptions are good until cancelled. In the event of a cancellation, the subscription will terminate at the end of the current payment period. No refunds for an unused subscription period will be made. Cancellations may be made on the Users account management page. - Guidelines
When using the HorrorFuel Platform you must ensure that the following rules all apply and are adhered to, without limiting any other applicable terms or conditions:
(a) Each video must have a beginning (with a HorrorFuel approved theme, such as leadership, voice over, text, etc. setting up such theme), a middle (a movie clip of no more than 3 minutes in the aggregate) and an end (questions, follow up, takeaways, etc.).
(b) movie clips can only appear in the middle segment and cannot exceed 3 minutes in length individually or in the aggregate;
(c) movie clips cannot be altered, changed or modified in any way.
(d) you cannot use the movie clips, the services and/or the editing process to create an implied or direct endorsement (e.g. making it look as if the actor(s) in the clip are selling, pitching, or endorsing your product(s) of any business, product, candidate or belief.
(e) use of the HorrorFuel Platform and any product generated from the same are limited to business or educational purposes.
(f) in no event shall product of the Platform be used:
-related to external advertising
-to constitute an endorsement by or commercial tie-in
-related to the use of alcohol, tobacco, firearms, adult content, prostitution, intimate personal hygiene, illegal drugs, non-HorrorFuel content providing film studios and their films/products, illegal conduct, illegal file-sharing applications, or software or devices that facilitate DRM-removal.
(g) By signing up for the HorrorFuel Platform you are agreeing to let HorrorFuel send you communications regarding your service and allowing HorrorFuel to recommend or market other HorrorFuel products and services. Should you wish to not receive these emails please email HorrorFuel at [email protected] and we will remove you from the list.
- Modification of Terms
HorrorFuel reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the HorrorFuel Platform after the posting of changes constitutes your binding acceptance of such changes. - No right to embed the HorrorFuel player in personal site
You are not granted any right to copy, embed, transfer, transition or manipulate the HorrorFuel Player and any content found on the HorrorFuel Platform onto another website or media. - User postings license grant; representations and warranties
(a) HorrorFuel may now or in the future permit the posting by You and other Users of notes, written works, images and videos or other communications (collectively, “User Postings”) and the hosting, sharing, and/or publishing of such User Postings. You understand that whether or not such User Postings are published, HorrorFuel does not guarantee any confidentiality with respect to any submissions.
(b) By submitting or distributing User Postings on or through the HorrorFuel Site, You hereby grant to HorrorFuel a worldwide, non-exclusive, transferable, assignable, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute and re-distribute, and otherwise exploit your User Postings, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
(c) You are solely responsible for your User Postings and the consequences of posting or publishing them. By uploading and publishing your User Postings, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize HorrorFuel and HorrorFuel Users to use and distribute your User Postings as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by HorrorFuel and these Terms of Use; (2) your User Postings do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your User Postings do not contain any viruses, adware, spyware, worms, or other malicious code.
VIOLATORS OF THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. HORRORFUEL RESERVES ALL RIGHTS AND REMEDIES AGAINST ANY USER WHO VIOLATES THESE TERMS OF USE.
(d) You understand that when using the Platform You will be exposed to User Postings from a variety of sources, and that HorrorFuel is not responsible for the content of such User Postings (including, without limitation, the accuracy, usefulness, or intellectual property rights of or relating to such User Postings). You further understand and acknowledge that You may be exposed to User Postings 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 HorrorFuel with respect thereto. HorrorFuel does not endorse or adopt any User Postings or any opinion, recommendation or advice expressed therein, and HorrorFuel expressly disclaims any and all liability in connection with User Postings. If notified by a User or a content owner of a User Posting that allegedly does not conform to these Terms of Use, HorrorFuel may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice. For clarity, HorrorFuel does not permit copyright infringing activities on the Platform.
- Digital millennium copyright act
HorrorFuel will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. HorrorFuel will promptly terminate, without notice, your access to the HorrorFuel Platform if You are determined by HorrorFuel to be a “repeat infringer.” - Prohibited conduct
By entering into a subscription to use the HorrorFuel Platform you agree not to:
(a) use the HorrorFuel Site for any purposes other than to view content on the HorrorFuel Site, share content from the HorrorFuel Site using methods approved by HorrorFuel, and/or access the HorrorFuel Site for any services and/or activities offered on the HorrorFuel Site;
(b) in any way rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the material found on the HorrorFuel Platform beyond the terms of your subscription.
(c) post anything on the HorrorFuel Platform that is unlawful, that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or that disparages any film clip on the HorrorFuel Platform, or any person appearing in or talent associated with any film clip on the HorrorFuel Platform, or has a political or religious purpose/usage as determined in HorrorFuel’s sole discretion;
(d) post any HorrorFuel content on any third party site or service that is unlawful, that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or that disparages any film clip on the HorrorFuel Platform, or any person appearing in or talent associated with any film clip on the HorrorFuel Platform, or has a political or religious purpose/usage as determined in HorrorFuel’s sole discretion,
(e) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the HorrorFuel Platform accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the HorrorFuel Platform, or perform any other similar fraudulent activity;
(f) delete the copyright notices or other proprietary rights on the HorrorFuel Platform or User Postings;
(g) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the HorrorFuel Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
(h) use the HorrorFuel Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
(i) defame, harass, abuse, threaten or defraud Users of the HorrorFuel Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
(j) use the HorrorFuel Platform for any non-permitted commercial use.
(k) use the HorrorFuel Site if You are under the age of 13 years old, or access portions of the HorrorFuel Platform which are for Users over 17 years old if you are under the age of 17;
(l) remove, circumvent, disable, damage or otherwise interfere with security-related features of the HorrorFuel Platform, features that prevent or restrict use or copying of any content accessible through the HorrorFuel Platform or User Postings, or features that enforce limitations on the use of the HorrorFuel Platform or User Postings;
(m) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the HorrorFuel Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(n) modify, adapt, translate or create derivative works based upon the HorrorFuel Platform or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
(o) intentionally interfere with or damage operation of the HorrorFuel Platform or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- Account
If you create an account with HorrorFuel, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to HorrorFuel on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify HorrorFuel . You may be liable for the losses incurred by HorrorFuel or others due to any unauthorized use of your HorrorFuel account. - Third-party sites, products and services; links
The HorrorFuel Platform may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). HorrorFuel does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the HorrorFuel Site are solely between You and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. - Terms of Service violations.
(a) You agree that HorrorFuel, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with HorrorFuel or your use of the HorrorFuel Platform and remove and discard all or any part of your account, and any User Postings, at any time. HorrorFuel may also in its sole discretion and at any time discontinue providing access to the HorrorFuel Platform, or any part thereof, with or without notice. You agree that any termination of your access to the HorrorFuel Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that HorrorFuel will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies HorrorFuel may have at law or in equity. As discussed herein, HorrorFuel does not permit copyright infringing activities on the HorrorFuel Platform, and will terminate access to the HorrorFuel Platform, and remove all User Postings or other content submitted by any Users who are found to be repeat infringers.
(b) Your only remedy with respect to any dissatisfaction with (i) the HorrorFuel Platform, (ii) any term of these Terms of Use, (iii) Guidelines, (iv) any policy or practice of HorrorFuel in operating the HorrorFuel Platform, or (v) any content or information transmitted through the HorrorFuel Platform, is to terminate this Terms of Use and your account. You may terminate this Terms of Use at any time by deleting your account with the HorrorFuel Platform and discontinuing use of any and all parts of the HorrorFuel Platform.
- Ownership; proprietary rights
The HorrorFuel Platform is owned and operated by HorrorFuel, LLC. The film clips, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the HorrorFuel Platform are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Postings that are provided and owned by Users, all Materials contained on the HorrorFuel Platform are the property of HorrorFuel or third-party licensors. All trademarks, service marks, and trade names are proprietary to HorrorFuel or third-party licensors. User’s use of the Materials shall not in any way confer or imply a grant of right, title or interest to the Materials, or any other rights (including without limitation, intellectual property rights or the goodwill associated therewith), the ownership of which shall remain solely and exclusively with HorrorFuel or third-party licensors.
Except as expressly authorized by HorrorFuel, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. HorrorFuel reserves all rights not expressly granted in this Terms of Use.
- Indemnification
You agree to indemnify, save, and hold HorrorFuel, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the HorrorFuel Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. HorrorFuel reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify HorrorFuel, and You agree to cooperate with HorrorFuel ‘ defense of these claims. HorrorFuel will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
- Disclaimers; no warranties
(a) To the fullest extent permissible pursuant to applicable law, HorrorFuel, and its affiliates, partners, licensors and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from HorrorFuel or through the HorrorFuel Platform will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section 13 the term HorrorFuel includes HorrorFuel’s officers, directors, employees, shareholders, agents, licensors and subcontractors.
(b) You expressly agree that use of the HorrorFuel Platform is at your sole risk. The HorrorFuel Platform and any data, information, third-party software, user postings, reference sites, services, or applications made available in conjunction with or through the HorrorFuel site are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied.
(c) HorrorFuel, its suppliers, licensors, affiliates, and partners do not warrant that the data, user postings, functions, or any other information offered on or through the HorrorFuel Platform or any reference sites will be uninterrupted, or free of errors, viruses, or other harmful components and do not warrant that any of the foregoing will be corrected.
(d) HorrorFuel, its suppliers, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the HorrorFuel Platform or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
(e) You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the HorrorFuel Platform or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data
- Limitation of liability and damages
(a) Under no circumstances, including, but not limited to, negligence, will HorrorFuel or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these terms or that result from your use of or your inability to use the HorrorFuel Platform or any reference sites, or any other interactions with HorrorFuel, even if HorrorFuel or a HorrorFuel authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, HorrorFuel’s liability will be limited to the fullest extent permitted by applicable law.
(b) In no event will HorrorFuel or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the HorrorFuel Platform or your interaction with other HorrorFuel site users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the HorrorFuel Platform during the twelve months immediately preceding the date of the claim or one hundred dollars, whichever is greater.
(c) These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than HorrorFuel and received through or advertised on the HorrorFuel Platform or received through any reference sites.
(d) You acknowledge and agree that HorrorFuel has offered its products and services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and HorrorFuel , and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and HorrorFuel. HorrorFuel would not be able to provide the HorrorFuel Platform to you on an economically reasonable basis without these limitations.
- Miscellaneous
(a) HorrorFuel may provide You with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the HorrorFuel Platform. Notice will be deemed given twenty-four hours after email is sent, unless HorrorFuel is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the HorrorFuel Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the HorrorFuel Platform is deemed given 30 days following the initial posting.
(b) The failure of HorrorFuel to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by HorrorFuel.
(c) These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law.
(d) For any claim related to these Terms of Use or the HorrorFuel Platform, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either HorrorFuel or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(e) You agree that any action at law or in equity arising out of or relating to these Terms or HorrorFuel will be filed only in the state or federal courts in and for Virginia, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action except as provided regarding arbitration. (f) All claims you bring against HorrorFuel must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should either party file a claim contrary to this Section, the other party may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
(g) If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
(h)These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by HorrorFuel without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
(i) Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
(j) These Terms, the Privacy Policy, the Digital Millennium Copyright Notification Guidelines, and other Guidelines constitute the entire agreement between You and HorrorFuel relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms, Privacy Policy or Guidelines made by HorrorFuel as set forth above.
(k) You agree that any cause of action arising out of or related to the HorrorFuel site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
(l) By subscribing to HorrorFuel you hereby give consent for HorrorFuel to use your name and company information in HorrorFuel’s website marketing.