INSPIRED BY SOMEWHAT TRUE EVENTS
VISITOR AGREEMENT
Welcome to GetBigMovie.com, one of the websites brought to you by Pelican Club Pictures, LLC and its subsidiaries and affiliates (“Pelican”). Please read this Visitor Agreement; by using this website, you accept its terms.
This Visitor Agreement applies to all of the websites where it is posted. Those websites are referred to collectively in this Visitor Agreement as the “Pelican Sites.” Additional terms and conditions may apply to some services offered on the Pelican Sites. Such terms and conditions may be found at the place where the relevant service is offered.
The Web is an evolving medium; we may change the terms of this Visitor Agreement from time to time. By continuing to use any of the Pelican Sites after we post any such changes, you accept this Visitor Agreement, as modified. We may change, restrict access to, suspend or discontinue the Pelican Sites, or any portion of the Pelican Sites, at any time. Pelican respects the privacy of our users. Please take a few minutes to review our Privacy Policy.
If you disagree with any material you find on the Pelican Sites, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting our representatives at customerservice@PelicanClubPictures.com.
The material that appears on the Pelican Sites is for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on the Pelican Sites, you should confirm any facts that are important to your decision. Pelican and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Pelican Sites. Pelican is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Pelican, its affiliate, licensor or third party partner.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to customerservice@PelicanClubPictures.com.
To be effective, the notification must be a written communication that includes the following:
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 us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
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.
We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
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;
A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS
Pelican wants to encourage an open exchange of information and ideas through the Pelican Sites. But we cannot and do not review every posting made on Pelican’s community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than Pelican. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment. Responsibility for what is posted on Pelican’s community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Pelican Sites lies with each user – you alone are responsible for material you post. Pelican does not control the messages, information or other content that you or others may provide through the Pelican Sites. You may use the Pelican Sites for lawful purposes only.
By using the Pelican Sites, you agree not to submit, post or transmit through the Pelican Sites any material or otherwise engage in any conduct that:
Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
Allows you to gain unauthorized access to the Pelican Sites, or any account, computer system, or network connected to the Pelican Sites, by means such as hacking, password mining or other illicit means;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Pelican Sites.
Impersonates any person, business or entity, including Pelican and its employees and agents, or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including Pelican;
Contains an advertisement or solicitation or encourages others to make a donation;
Contains 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, or otherwise permit the unauthorized use of a computer or computer network;
Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
Results in the posting or transmission of any message anonymously or under a false name;
Permits any person to access, using your account, any features of the Discovery Sites that may require registration;
Results in a single message being posted to more than five areas of any Pelican Site or results in any message being posted to any area of the Pelican Sites if that message is, in our view, off-topic or in violation of this Visitor Agreement; or
Violates this Visitor Agreement, guidelines or any policy posted on the Pelican Sites, or interferes with the use of the Pelican Sites by others.
Although Pelican cannot monitor all content on Pelican’s community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that Pelican shall have the right, but not the obligation, to monitor the content of the Pelican Sites to determine compliance with this Visitor Agreement and any other operating rules that may be established by Pelican from time to time. Pelican shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, including but not limited to Video Submissions, submitted to or posted on the Pelican Sites for any reason, including violation of this Visitor’s Agreement, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and Video Submissions. You acknowledge and agree that neither Pelican nor any of its affiliates shall assume or have any liability for any action or inaction by Pelican with respect to any conduct within the Pelican Sites or any communication or posting on the Pelican Sites. Pelican also reserves the right to disclose any information that Pelican believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
Pelican requires you not to use the Pelican Sites to violate anyone’s copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to the Pelican Sites, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of this Visitor Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
USE OF MATERIALS
Any material posted on Pelican’s community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of Pelican and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on Pelican’s community and social media sites, you are granting to Pelican, and to anyone authorized by Pelican, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on Pelican’s community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Pelican, and anyone authorized by Pelican, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as Pelican deems appropriate. Please also note the last paragraph in the “COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS” section above. Click here for the terms and conditions that govern the submission of user-generated video to the Pelican Sites.
The materials available through the Pelican Sites are the property of Pelican or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Pelican Sites. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the Pelican Sites in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you are free to encourage others to access the information themselves on the Pelican Sites and to tell them how to find it.
LINKING
We welcome links to the Pelican Sites. You are usually free to establish a hypertext link to any of the Pelican Sites so long as the link does not state or imply any sponsorship or endorsement of your site by any of the Pelican Sites or by Pelican. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Pelican Sites.
NO SOLICITING
You agree not to use the Pelican Sites to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
NO SPAMMING OR SPIMMING
From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
NO FRAMING
Without the prior written permission of Pelican, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Pelican Sites, or incorporate any intellectual property of the Pelican Sites, Pelican or any of their licensors into another website or other service.
TRADEMARKS
We do not want anyone to be confused as to which materials and services are provided by Pelican and which are not. You may not use any trademark or service mark appearing on the Pelican Sites without the prior written consent of the owner of the mark.
ACCURACY OF INFORMATION
The Pelican staff works hard to ensure that information we post to the Pelican Sites is both timely and accurate. But the news changes over time and reports that were accurate when posted may quickly become old news. Though we may post follow-up reports, and may continue to provide access to the original report, as in an archive of news stories, for example, we do not go back and change the original report to reflect new developments. If you are looking for the most recent information on a given subject, and not the history of how the story unfolded, be sure you’re not looking at an out-of-date report.
AGE RESTRICTION
You must be at least 18 years old to register on the Pelican Sites. By registering on the Pelican Sites, you warrant that you are at least 18 years old.
USER ACCOUNTS AND SECURITY
To obtain access to certain services on the Pelican Sites, you may be given an opportunity to register with the Pelican Sites. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that Pelican considers to be offensive. Pelican reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify Pelican of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify Pelican immediately. Pelican reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests. Please inform Pelican if there is a change in the information you provided at the time of your initial registration, including any change of address or name, by contacting our representatives at customerservice@PelicanClubPictures.com. Click here to view our Privacy Policy.
DISCLAIMER OF WARRANTIES AND LIABILITY
We work hard to make the Pelican Sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of the Pelican Sites.
YOU AGREE THAT YOUR USE OF THE PELICAN SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE PELICAN SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY PELICAN SITE OR ANY MATERIAL AVAILABLE THROUGH THE PELICAN SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE PELICAN SITES.
THE PELICAN SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE PELICAN SITES, PELICAN CLUB PICTURES, LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE PELICAN SITES, NOR DO THEY GUARANTEE THAT THE PELICAN SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE PELICAN SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE PELICAN SITES, PELICAN CLUB PICTURES, LLC OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE PELICAN SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE PELICAN SITES, PELICAN CLUB PICTURES, LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE PELICAN SITES, PELICAN CLUB PICTURES, LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE DISCOVERY SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO DISCOVERY COMMUNICATIONS, LLC FOR THE USE OF THE PELICAN SITES.
DISPUTE RESOLUTION
In the event of any controversy, claim or dispute (“dispute”) related to or arising out of your use of the Sites, other than disputes related to or involving Pelican’s intellectual property or Pelican’s licensed intellectual or proprietary rights, you and Pelican mutually agree to the following dispute resolution procedure:
The parties will first attempt in good faith to resolve any dispute by informal negotiation. The informal negotiation period will begin when the party asserting the dispute sends a written notice to the other party describing the facts and circumstances of the dispute. If, after sixty (60) days from the date the notice of dispute is sent, the parties have been unable to resolve the dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement.
If the parties are unable to resolve the dispute through informal negotiation, you and Pelican agree that exclusive jurisdiction for the dispute shall be binding arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator, they shall each select one Arbitrator from the list of qualified JAMS arbitrators and those two Arbitrators shall select the person who shall serve as the Arbitrator for such dispute. Arbitration shall be initiated in the San Diego County, California, area and shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on any potential award may be entered in any court having jurisdiction. BY USING THE SITES, YOU ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Unless the arbitrator concludes that the arbitration was frivolous or brought for an improper purpose, Pelican will pay all filing, JAMS, and arbitrator’s fees and expenses.
ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding.
CHOICE OF LAW
This Agreement has been made in and shall be construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles.
The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
CHOICE OF FORUM
By using the Pelican Sites, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in California.
INDEMNITY
You agree to indemnify, defend and hold harmless Pelican Club Pictures, LLC, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any Pelican Site using your account.
SEVERABILITY
In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.
By using the Discovery Sites, you agree to abide by the terms of this Visitor Agreement. We hope you enjoy using the Pelican Sites, and we welcome suggestions for improvements.
Last updated August 14, 2017.