Terms & Conditions
The terms governing your use of killertomatoes.com and any content you submit to it.
Please read these Terms and Conditions before using, or submitting content in any form or medium for publication on killertomatoes.com.
By continuing to use killertomatoes.com, or by submitting content for publication on killertomatoes.com, you agree to abide and be bound by these Terms and Conditions.
W. Finletter Films, LLC reserves the right to change these Terms and Conditions at any time, and you agree by virtue of your continued use of our site to be bound by any such changes.
Unless explicitly stated otherwise, any new features or functionality that augment or enhance our site shall be subject to these Terms and Conditions.
The most current version of these Terms and Conditions can be viewed at any time at killertomatoes.com.
1. Modifications and Discontinuance of Site
W. Finletter Films, LLC reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the site at any time with or without notice to you. You agree that W. Finletter Films, LLC, its subsidiaries, affiliates, content providers, or other related entities shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site.
2. Terminating Your Use of Our Site
W. Finletter Films, LLC reserves the right to terminate your access to our site for any reason, and to take any other actions that W. Finletter Films, LLC, in its sole discretion, believes to be in the interest of our organization, etiquette, and of our users as a whole. It is our policy, pursuant to the Digital Millennium Copyright Act (“DMCA”), to terminate use of our site by repeat copyright infringers. You agree that W. Finletter Films, LLC, its subsidiaries, affiliates, content providers, or other related entities will not be liable to you or any third party in the event of such termination.
3. Contributor Content on the Site
Any content submitted or otherwise made available by individual independent contributors on the site, including articles, comments to articles or other content that does not originate with killertomatoes.com, is not the responsibility of W. Finletter Films, LLC, but rather the sole responsibility of the person who created the content for use on the site. In no way and under no circumstances will W. Finletter Films, LLC be held responsible for any content made available on the site by you or any third party.
W. Finletter Films, LLC does not claim ownership of the content created and posted by individual independent contributors to the site. Content posted by independent contributors is owned by the author of such content. However, by submitting content to killertomatoes.com, you automatically grant W. Finletter Films, LLC and its sponsors, an irrevocable, royalty-free, perpetual, nonexclusive, right and worldwide license to use, publish, copy, modify, edit, create derivative works, reproduce, distribute, sub-license, exploit such content in any manner, media or format now known or hereafter developed, for the full term of any copyright that may exist in such content, without any obligation of notice or compensation to you.
You, as content provider, shall be solely responsible for your own submissions and any consequences that arise from posting and publishing them. In connection with each of your submissions, you affirm and/or represent that:
You own or have the necessary licenses, rights, consents, and permissions to use any copyright, trademark, trade secret, patent or other proprietary rights in, and to any and all such submissions made to W. Finletter Films, LLC, and you authorize W. Finletter Films, LLC to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and
You agree that you will not use the site to transmit or make available any content that:
Infringes any intellectual property rights of any party, including but not limited to, material that is copyrighted, trade secret, patent, trademark or other proprietary rights, including privacy and publicity rights;
Contains falsehoods or misrepresentations that could damage W. Finletter Films, LLC or any third party;
Contains threats, is harassing, pornographic, hateful, racially and/or sexually offensive, encourages criminal conduct, unlawful, obscene, libelous, defamatory, violates any laws or regulations, or is otherwise inappropriate;
You know or have reason to know is false, misleading, fraudulent; or
Is in any way an advertisement or solicitation of business.
W. Finletter Films, LLC reserves the right, without the obligation, to edit, pre-screen, remove, or refuse to publish submissions to the site without prior notice.
You understand that when you submit content in any form to killertomatoes.com, we may authorize such content to be distributed or syndicated to or published on other W. Finletter Films, LLC branded environments, its subsidiaries, affiliates, content providers, other related entities, or any sub-licensees of W. Finletter Films, LLC.
You take sole responsibility for your postings on the site and any disputes that result from such postings. You acknowledge that W. Finletter Films, LLC has no obligation to resolve or become involved in any disputes between users of this site or any other third parties.
4. Indemnification
You agree to indemnify and hold W. Finletter Films, LLC, its subsidiaries, affiliates, content providers, or any other related entities, harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions, any breach by you of your representations and warranties hereunder, or any infringement by you of a third party’s intellectual property or other rights. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 4. In such event, you shall provide us with such cooperation as is reasonably requested by us.
5. Copyright Ownership
killertomatoes.com contains copyrighted material, including, but not limited to, text, photographs, graphics, video and audio content, which are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All articles, blogs, content and other elements on our site are also copyrighted works and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein.
Unless expressly permitted, or as authorized by the principles of “fair use,” you may not copy, reproduce, publish, distribute, display, modify, create derivative works from, transmit or in any way exploit any part of our site or any content therein. In addition, these files cannot be used to construct any kind of database. W. Finletter Films, LLC respects the right of others to use materials set forth on this site consistent with the principles of “fair use.” Content is protectable under the Federal Copyright laws of the United States, whether registered or unregistered. Based on this notice of copyright ownership, W. Finletter Films, LLC reserves the right to deem any and all infringement of protected content on the site to be an intentional infringement.
W. Finletter Films, LLC, its subsidiaries, affiliates, content providers, and other related entities, own all rights to the logos and trademarks used in connection with the site. All other logos and trademarks that appear on killertomatoes.com are the property of their respective owners.
6. Copyright Infringement
If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright ownership, please contact W. Finletter Films, LLC in writing by providing a signed statement containing the following information pursuant to the Online Copyright Infringement Liability Limitation Act of the DMCA:
Your name, address, telephone number, and email address. If you are acting on behalf of a third party, please state their name;
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;
A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send your notice of the alleged infringement to:
Copyright Agent
W. Finletter Films, LLC
3499 Heatherwood Drive
El Cajon, CA 92019
info@killertomatoes.com
W. Finletter Films, LLC is in accordance with the requirements of the DMCA and implements a policy to terminate use of our site by repeat infringers when appropriate.W. Finletter Films, LLC
7. Intellectual Property Infringement
If you are the owner or agent of any Intellectual Property rights other than copyright, including, but not limited to, patent, trade secret, trademark, privacy and publicity rights, and believe that any of our content infringes upon your ownership of such Intellectual Property rights, please contact us at info@killertomatoes.com.
8. Disclaimer Regarding Content Accuracy and Opinion
As an Internet Service Provider, we are not responsible for inaccuracies in the content and opinions expressed by content providers. Opinions and other statements expressed by independent contributors, bloggers, legislators, and other third parties, are not the opinions of W. Finletter Films, LLC. Content created by third parties is the sole responsibility of third parties. W. Finletter Films, LLC makes no representations or warranties as to the accuracy of any content on the site provided by third parties. By providing you with the ability to view and distribute content throughout the site, you acknowledge that W. Finletter Films, LLC does not undertake any obligation or liability in relation to the content. W. Finletter Films, LLC, its subsidiaries, affiliates, content providers, or other related entities do not undertake any duty to monitor the site for unlawful or inappropriate conduct. W. Finletter Films, LLC, its subsidiaries, affiliates, content providers, or other related entities do not assume liability or responsibility which may arise from content thereof, including, but not limited to, claims for defamation, slander, libel, infringement, invasion of privacy and publicity rise, profanity, obscenity, misrepresentation, or fraud.
Notwithstanding the foregoing, W. Finletter Films, LLC, reserves the right to block or remove communications, postings, or materials at any time in our sole discretion.
9. W. Finletter Films, LLC is Not Responsible for Linked Sites
W. Finletter Films, LLC is not responsible for the content or availability of other services that may be linked to our site. Because W. Finletter Films, LLC has no control over such services, you agree that W. Finletter Films, LLC is not responsible for the availability of such external services, that W. Finletter Films, LLC does not endorse such external services, and is not responsible or liable for any content, accuracy, quality, products, advertising or other materials on or available from such services or links. You further acknowledge and agree that W. Finletter Films, LLC shall not be responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to be caused by or in connection with the use of or reliance on any goods, services or content available on or through such services or links.
10. W. Finletter Films, LLC May be Legally Compelled to Disclose Certain Information
You understand that W. Finletter Films, LLC will comply with any subpoenas issued by a court or from a law enforcement or government agency, without your consent or prior notice to you. In such event, W. Finletter Films, LLC may disclose your name, username, IP address, IP location or other information in response.
11. Limited Liability
W. Finletter Films, LLC, its subsidiaries, affiliates, content providers, or other related entities, are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost profits or revenues, loss of data, or loss of business, in any way related to this site or for any claim, loss or injury based on omissions, errors, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions).
12. Disputes Governed by California Law
Without regard to conflict of laws principles, these Terms and Conditions shall be governed by the laws of the United States and California, and are applicable to agreements made and to be performed therein. BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.
13. Disclaimer
OUR SITE IS AVAILABLE “AS-IS.” W. Finletter Films, LLC DOES NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. W. Finletter Films, LLC DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. W. Finletter Films, LLC DOES NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. W. Finletter Films, LLC RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE.
ALTHOUGH W. Finletter Films, LLC INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, W. Finletter Films, LLC DOES NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. W. Finletter Films, LLC IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY W. Finletter Films, LLC AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.