Price and Availability is Subject to Change Without Notice.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, CheesyFlix shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. CheesyFlix shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, CheesyFlix shall immediately issue a credit to your credit card account in the amount of the charge. Prices on our Internet Store will always be the most current and will be the determining price for items.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. CheesyFlix reserves the right at any time after receipt of your order to accept or decline your order for any reason.
CheesyFlix reserves the right at any time after receipt of your order, without prior notice to you, to change the price as stated by the policy.
By entering this site ("this site" or "this website" is hereby meant to include "mst3k.org" and "cheesyflix.com") or browsing any pages hosted by this site, you acknowledge the following statements: You aren't working for any television or movie production studio/network or affiliated organizations, aren't employed by, or a member of a professional organization such as ASCAP or MPAA or any other such groups or associations, aren't employed by the federal government, affiliated agency or any type of sub-contractor or independent agent, are not a postal inspector, nor an individual wishing/wanting to place this site into a copyright violation and/or situation or trying to shut down this site. These are collector-to-collector trades and are intended for home viewing only, not for profit. These recordings are not meant to infringe on any existing copyright issues and your money is spent on the reproduction of video and is merely reimbursement for the time, materials, equipment wear and tear, and shipping. You agree with all of the above listed conditions/terms and that your profile does not match anything listed on this page. To the best of our knowledge, all titles are in the public domain. If a COPYRIGHT HOLDER has a problem with any title(s) presented here, please notify us as described below and the title(s) will be removed. If you enter this site not agreeing with the above statements you are violating code 341.322.12 of the Internet Privacy Act of 1995 which means you can not threaten my ISP or any other company hosting these pages and you can not prosecute any person affiliated with this site.
Mystery Science Theater 3000 (a.k.a. "MST3K"), its characters and situations are copyright Best Brains, Inc. and other rights holders. Likewise, Shout Factory, Rhino, Rifftrax, Cinematic Titanic, SciFi Channel, Comedy Central, KTMA TV23, Gizmonics, and Story Tools may own rights to portions of this material and any associated images or logos are copyright their respective rights holders. This site is a fan-site and makes no claims of official affiliation or representation to Best Brains, Inc (BBI) or any other entity. All original content on this site is Copyright © 2013 Cheepnis, LLC, all rights reserved, and may not be duplicated in part or in whole without express written permission.
The content of this site is provided without any representations or warranties of any kind, either express or implied. In addition, this site does not represent or warrant that the information and/or facilities on or accessible via this website are accurate, complete, current, or free of defect. The user of this website assumes all responsibilities arising as a result of the use of this website. This website contains links to other internet sites on the world wide web. These links are provided for your convenience only, and no responsibility for the content in any site linked to or from this website should be inferred or is implied.
1. Your Acceptance
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.CheesyFlix.com. CheesyFlix may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
B. The CheesyFlix Website may contain links to third party websites that are not owned or controlled by CheesyFlix. CheesyFlix has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, CheesyFlix will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve CheesyFlix from any and all liability arising from your use of any third-party website.
3. CheesyFlix Accounts
A. In order to access some features of the Website, you will have to create a CheesyFlix account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CheesyFlix immediately of any breach of security or unauthorized use of your account.
B. Although CheesyFlix will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CheesyFlix or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
CheesyFlix hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without CheesyFlix's prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access User Submissions (defined below) or CheesyFlix Content through any technology or means other than the video and audio playback pages of the Website itself or other explicitly authorized means CheesyFlix may designate.
D. You agree not to use the Website for any commercial use, without the prior written authorization of CheesyFlix. Prohibited commercial uses include any of the following actions taken without CheesyFlix's express approval:
sale of access to the Website or its related services on another website;
use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
the sale of advertising, on the CheesyFlix website or any third-party website, targeted to the content of specific User Submissions or CheesyFlix content;
and any use of the Website or its related services that CheesyFlix finds, in its sole discretion, to use CheesyFlix's resources or User Submissions with the effect of competing with or displacing the market for CheesyFlix, CheesyFlix content, or its User Submissions.
E. Prohibited commercial uses do not include any use that CheesyFlix expressly authorizes in writing.
F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the CheesyFlix servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, CheesyFlix grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. CheesyFlix reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
H. CheesyFlix reserves the right to discontinue any aspect of the CheesyFlix Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the CheesyFlix Website.
A. The content on the CheesyFlix Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to CheesyFlix, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. CheesyFlix reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
for your information and personal use;
as intended through the normal functionality of the CheesyFlix Service; and
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the CheesyFlix Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the CheesyFlix Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the CheesyFlix Service or otherwise as prohibited under this Agreement.
D. You may access CheesyFlix Content, User Submissions and other content only as permitted under this Agreement. CheesyFlix reserves all rights not expressly granted in and to the CheesyFlix Content and the CheesyFlix Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the CheesyFlix Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the CheesyFlix Website or the Content therein.
G. You understand that when using the CheesyFlix Website, you will be exposed to User Submissions from a variety of sources, and that CheesyFlix is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions 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 CheesyFlix with respect thereto, and agree to indemnify and hold CheesyFlix, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a CheesyFlix account holder you may submit video content ("User Videos"), audio content (“User Audio”), and textual content ("User Comments"). User Videos, User Audio, and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, CheesyFlix does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize CheesyFlix to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to CheesyFlix, you hereby grant CheesyFlix a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the CheesyFlix Website and CheesyFlix's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the CheesyFlix Website (and derivative works thereof) in any media formats and through any media channels throughout the world. You also hereby grant each user of the CheesyFlix Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the CheesyFlix Service. You understand and agree, however, that CheesyFlix may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CheesyFlix all of the license rights granted herein.
E. CheesyFlix does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CheesyFlix expressly disclaims any and all liability in connection with User Submissions. CheesyFlix does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and CheesyFlix will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. CheesyFlix reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. CheesyFlix will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. CheesyFlix reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. CheesyFlix may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
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;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CheesyFlix's designated Copyright Agent to receive notifications of claimed infringement is reached through the contact form on this site and specifying "Copyright Agent" in the subject line. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to CheesyFlix customer support through the same contact form. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE CHEESYFLIX WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CHEESYFLIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CHEESYFLIX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHEESYFLIX WEBSITE. CHEESYFLIX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CHEESYFLIX WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CHEESYFLIX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL CHEESYFLIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHEESYFLIX WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CHEESYFLIX SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by CheesyFlix from its facilities in the United States of America. CheesyFlix makes no representations that the CheesyFlix Website is appropriate or available for use in other locations. Those who access or use the CheesyFlix Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless CheesyFlix, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the CheesyFlix Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the CheesyFlix Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the CheesyFlix Website is not intended for children under 13. If you are under 13 years of age, then please do not use the CheesyFlix Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CheesyFlix without restriction.
You agree that: (i) the CheesyFlix Website shall be deemed solely based in South Carolina; and (ii) the CheesyFlix Website shall be deemed a passive website that does not give rise to personal jurisdiction over CheesyFlix, either specific or general, in jurisdictions other than South Carolina. These Terms of Service shall be governed by the internal substantive laws of the State of South Carolina, without respect to its conflict of laws principles. Any claim or dispute between you and CheesyFlix that arises in whole or in part from the CheesyFlix Website shall be decided exclusively by a court of competent jurisdiction located in South Carolina. These Terms of Service, together with the Privacy Notice at http://www.cheesyflix.com/store/privacy_policy and any other legal notices published by CheesyFlix on the Website, shall constitute the entire agreement between you and CheesyFlix concerning the CheesyFlix Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and CheesyFlix's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. CheesyFlix reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the CheesyFlix Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CHEESYFLIX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CHEESYFLIX WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.