Black Creek Movie Backer's Production Diary

Terms of Use

Secure.BlackCreekMovie.com Terms of Use

Updated as of April 3, 2023

Welcome to Secure.BalackCreekMovie.com (the “Website”), operated by Black Creek Movie, LLC. (“we,” “us,” or “our”). BY REGISTERING FOR, VISITING OR USING ANY PART OF THE WEBSITE, THE BLACK CREEK PRODUCTION DIARY TO BE USED ON YOUR COMPUTER AND/OR MOBILE DEVICE (THE “LICENSED APPLICATION”), OR ANY OF OUR SERVICES, FEATURES, CONTENT OR OTHER APPLICATIONS (COLLECTIVELY, THE “SERVICES”) IN ANY MANNER YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THESE TERMS OF USE (THESE “TERMS OF USE”) AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED BY US FROM TIME TO TIME ON THE SERVICES, EACH OF WHICH IS INCORPORATED HEREIN BY THIS REFERENCE.

We reserve the right to modify or replace these Terms of Use and/or to change, suspend or discontinue the Services at any time in our sole discretion. We may also impose limits on certain features and Services or restrict your access to parts or all the Services without notice or liability. We may provide notice of changes to these Terms of Use or other matters by posting updated text on this Website or through the Services or other appropriate means of electronic communication, and your continued use of the Services following the posting of any change or modification to these Terms of Use will constitute your acceptance of the modified Terms of Use, and your use will be subject to the Terms of Use in effect at the time of your use. It is your responsibility to review these Terms of Use periodically for changes.

CANCELING YOUR ACCOUNT

You may cancel your account  at any time. No refunds are given.

LIMITED LICENSE

We grant you a limited non-exclusive, non-sublicensable, and non-transferable license to access and make personal use of the Services, subject to and conditioned upon your compliance with all of the terms and conditions of these Terms of Use. This license does not include: any right to use, modify, distribute or store any content other than for the foregoing purposes; any right to resell or use the Services or the contents of any part of the Services for commercial purposes; any derivative use of the Services and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by us; or any use of data mining, robots, or similar data gathering, automatic processing and extraction services. The Services and/or any portion thereof may not be reproduced, duplicated, copied, sold, resold, licensed, rented, visited, or otherwise exploited for any commercial purpose without our express written consent in advance.

The Licensed Application is intended for download to and use on your computer or mobile device. You understand and agree that the Licensed Application and other Services are licensed, not sold, to you for use only as outlined in these Terms of Use. We reserve all rights not expressly granted to you. The license to the Licensed Application set forth above is further limited to a non-transferable license to use the Licensed Application on the computer or mobile device that you own or control. This license does not allow you to use the Licensed Application on a computer or mobile device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application or Services. You may not directly or indirectly copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, Services, any updates, or any part thereof. You acknowledge that we have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application or Services.

The license is effective until terminated by you or us. Your rights under these Terms of Use will terminate automatically without notice from us if you fail to comply with any provision of these Terms of Use and as otherwise set forth in these Terms of Use. Upon termination of these Terms of Use, you shall cease all use of the Licensed Application and other Services, and destroy all copies, full or partial, of the Licensed Application and any other Services or Content in your possession.

You agree that the Services may contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such proprietary content, information, or materials in any way whatsoever except for permitted use of the Services as described in these Terms of Use.

We reserve the right at any time, and from time to time, to interrupt, restrict (without cause and without notice to you), modify or discontinue, temporarily or permanently, the Services with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

You may view the Services and Content (as defined in the following section) on the Services without registering, but as a condition of using certain features of the Services, you may be required to link your Third Party Account (as defined below). You agree to provide, maintain, and update true, accurate, current, and complete information about yourself on the Services. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information. You represent and warrant that you are at least thirteen (13) years of age; if you are under thirteen (13), you may not under any circumstances for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change eligibility criteria at any time.

You are entirely responsible for all activity made by you or anyone that uses your account. If you believe that your account has been compromised, you must immediately contact us via email or U.S. mail at the address specified at the end of these Terms of Use. You agree to indemnify and hold us harmless for losses incurred by us or another party due to someone else using your account.

CONTENT POSTED BY OTHERS

We are not responsible for, and do not endorse, Content or any information, opinion, recommendation, or advice expressed by a third party in any posting made by another user on the Services. Under no circumstances shall we be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content or any information, opinion, recommendation, or advice expressed by a third party on the Services. If you become aware of misuse of the Services by any person, please contact us via email or U.S. mail at the address specified at the end of these Terms of Use. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

ACTIVITIES PROHIBITED ON THE WEBSITE

In addition to the other restrictions in these Terms of Use, the following is a partial list of the kinds of conduct that are illegal or prohibited on the Services, or through the Licensed Application or other services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any prohibited activity. As a condition to using the Services, you promise not to use the Services, or permit any third party to use the Services, for any purpose that is prohibited by these Terms of Use. Prohibited activities include - but are not limited to - the following:

  • Using the Website for any purpose in violation of local, state, or federal laws or regulations;

  • Using the Website for unsolicited or unauthorized advertising or promotional material, spam, or chain letters;

  • Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

  • Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, embarrassing, or offensive to any other person or entity as determined by us in our sole discretion or pursuant to local community standards;

  • Posting Content that constitutes cyber-bullying, as we determine in our sole discretion;

  • Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;

  • Posting telephone numbers, street addresses, or last names of any person;

  • Posting URLs to external websites or any form of HTML or programming code;

  • Posting anything that may be "spam," as we determine in our sole discretion;

  • Impersonating another person when posting Content or otherwise using the Website, Licensed Application, or other services in a manner that may be misleading or confusing to others;

  • Harvesting or otherwise collecting information about others, including, but not limited to, e-mail addresses, without their consent;

  • Allowing any other person or entity to use your identification for posting or viewing comments;

  • Harassing, threatening, stalking, or abusing any person;

  • Engaging in any other conduct: that restricts or inhibits any other person from using or enjoying the Website, Licensed Application or other service; that is not aligned with the intent, mission or principles of the Website or Licensed Application; that is in violation of these Terms of Use or the spirit thereof; that would cause us to violate our agreements with or obligations to third parties; or that, in our sole discretion, exposes us or any of our customers, suppliers, or any other parties to any liability or detriment of any type; or Encouraging other people to engage in any prohibited activities as described herein. You shall not:

    • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;

    • interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;

    • bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);

    • run any form of auto-responder or “spam” on the Services;

    • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website;

    • harvest or scrape any Content from the Services;

    • otherwise take any action in violation of our guidelines and policies.

  • We reserve the right, in our sole discretion, but are not obligated, to do any or all of the following:

    • Investigate an allegation that any Content posted on the Website or through the Licensed Application does not conform to these Terms of Use and determine in our sole discretion to remove, block, or request the removal of the Content;

    • Remove or block Content that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;

    • Terminate or suspend a user's access to the Services, Licensed Application and/or other Services at any time, with or without cause or notice (including, but not limited to, upon any breach or alleged breach of these Terms of Use or misuse of the Services, Licensed Application or services, as determined by us in our sole discretion (including, but not limited to, any of the prohibited activities referenced above)), which may result in the forfeiture and destruction of all information associated with your account;

    • Monitor, edit, or disclose any Content on the Services;

    • Edit or delete any Content posted on the Services, regardless of whether such Content violates these standards;

    • Access, read, preserve and disclose any information as we reasonably believe is necessary in connection with the foregoing and/or to (i) comply with any applicable law, regulation, proceeding or government request, (ii) enforce these Terms of Use, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, and/or (v) protect the property, rights, or safety of us, our users and the public.

All content included or available on or through the Services and in the Licensed Application, including, but not limited to, the site design, text, graphics, interfaces, and the selection and arrangements thereof is protected by copyright or other intellectual property and proprietary rights and laws and is owned or controlled by us or our licensors (unless noted otherwise). We and/or our licensors retain all right, title, and interest in and to all patent rights, trademarks, inventions, copyrights, know-how, trade secrets, and all other intellectual property rights relating to the Services and the Licensed Application and our Content.

Additionally, Black Creek movie logo and all other trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of ours and/or third parties (collectively, the "Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

We will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. We neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. Use of any materials on the Services is at your own risk.

Except as expressly provided in the "Limited License" section above, your use of and access to the Services does not grant you any license or right to use any of our Trademarks, trade names, copyrights, or other intellectual property.

MEMBER CONDUCT

You may not promote violence against or directly attack or threaten other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. We also do not allow accounts whose primary purpose is inciting harm towards others on the basis of these categories. The includes: Violent threats are declarative statements of intent to inflict injuries that would result in serious and lasting bodily harm, where an individual could die or be significantly injured, e.g., “I will kill you.” We have a zero-tolerance policy against aggravated harassment, inappropriate conduct, such as making threats against Ms. Rothrock, cast members, site managers, acting inappropriately during LIVE sessions or emailing inappropriate communications to the association. Those deemed to be acting inappropriately will face immediate and permanent suspension of their membership account and be banned for life for all activities associated with the Black Creek Movie website.

DMCA COPYRIGHT POLICY

If you believe any Content on the Services infringes a copyright, you may request removal of such Content (or access thereto) from the Services by contacting our Copyright Agent (designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2)) at the address set forth below and providing the following information:

  • Your name, address, telephone number, and e-mail address.

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.

  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Our copyright agent for notice of claims of copyright infringement can be reached as follows:

DCMA Support 

In an effort to protect the rights of copyright owners, it is our policy to terminate the account or accounts of suspected infringers on the Services in appropriate circumstances and at our sole discretion.

INDEMNIFICATION AND WARRANTY DISCLAIMERS

You agree to indemnify and hold harmless us and our affiliates and each of our and their respective representatives, agents, related entities, employees, contractors, directors, and suppliers from any claim, liability, loss, expense, judgment, settlement, or demand, including, but not limited to, reasonable attorneys' fees, incurred due to, arising out of or relating to your Content, your use of or access to the Services and/or Content, your User Content, your violation of these Terms of Use, or your violation of any rights of another person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnifications by you, in which event you shall assist and cooperate with us in asserting any available defenses.

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (i) which users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the Services.

YOUR USE OF THE SERVICES AND THE LICENSED APPLICATION IS AT YOUR SOLE RISK. THE SERVICES AND THE LICENSED APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE DO NOT WARRANT THAT THE SERVICES AND/ OR OUR SERVERS, OR COMMUNICATIONS SENT FROM US OR THROUGH THE SERVICES, OR THE LICENSED APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE (ON BEHALF OF OURSELVES AND OUR LICENSORS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (A) THE SERVICES OR THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES, THE SERVERS THAT MAKE THE SERVICES AVAILABLE, OR THE LICENSED APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE LICENSED APPLICATION, (D) THE ACCURACY, LEGALITY OR QUALITY OF ANY SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, AND/OR (E) ANY DEFECTS OR ERRORS OF THE SERVICES OR THE LICENSED APPLICATION WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE LICENSED APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM THE SERVICES OR THE LICENSED APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY.

DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. If the prohibition against class actions and other claims brought on behalf