2. additional guidelines
When using the MovieComm Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
3. modification of these terms
MovieComm 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 MovieComm Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the MovieComm Site.
4. No right to embed MovieComm player in personal site
Subject to these Terms, You are in now way granted any right to embed, transfer, transistion or manipulate the MovieComm Player and it’s content found on the MovieComm Site on another site for commercial or noncommercial purposes unless granted that right in writing by MovieComm .
5. user postings license grant; representations and warranties
5.1 user postings generally
MovieComm 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, MovieComm does not guarantee any confidentiality with respect to any submissions.
5.2 limited license grant to MovieComm
By submitting or distributing User Postings on or through the MovieComm Site, You hereby grant to MovieComm a worldwide, non-exclusive, transferable, assignable, fully paid-up, 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)
5.3 user postings representations and warranties
5.4 user postings disclaimer
6. digital millennium copyright act
It is MovieComm ' policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. MovieComm will promptly terminate without notice your access to the MovieComm Site if You are determined by MovieComm to be a "repeat infringer."
7. prohibited conduct
BY USING THE MOVIECOMM SITE YOU AGREE NOT TO:
7.1 use the MovieComm Site for any purposes other than to view content on the MovieComm Site, share content from the MovieComm Site using methods provided by MovieComm , and/or access the MovieComm Site for any services and/or activities offered on the MovieComm Site;
7.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);
7.3 post anything on the MovieComm Site in any manner in which Users may be allowed to post content, including, but not limited to, comments, screen names, personal information, or trivia questions, 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 MovieComm Site, or any person appearing in or talent associated with any film clip on the MovieComm Site, as determined in MovieComm ' sole discretion;
7.4 post any MovieComm content on a 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 MovieComm Site, or any person appearing in or talent associated with any film clip on the MovieComm Site, as determined in MovieComm ' sole discretion;
7.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the MovieComm Site accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the MovieComm Site, or perform any other similar fraudulent activity;
7.6 delete the copyright notices or other proprietary rights on the MovieComm Site or User Postings;
7.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the MovieComm Site. 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;
7.8 use the MovieComm Site 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;
7.9 defame, harass, abuse, threaten or defraud Users of the MovieComm Site, or collect, or attempt to collect, personal information about Users or third parties without their consent;
7.10 use the MovieComm Site for any commercial use, it being understood that the MovieComm Site is for personal, non-commercial use only;
7.11 use the MovieComm Site if You are under the age of 13 years old, or access portions of the MovieComm Site which are for Users over 17 years old if you are under the age of 17;
7.12 remove, circumvent, disable, damage or otherwise interfere with security-related features of the MovieComm Site, features that prevent or restrict use or copying of any content accessible through the MovieComm Site or User Postings, or features that enforce limitations on the use of the MovieComm Site or User Postings;
7.13 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the MovieComm Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
7.14 modify, adapt, translate or create derivative works based upon the MovieComm Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
7.15 intentionally interfere with or damage operation of the MovieComm Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
If you register an account with MovieComm , 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 MovieComm 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 MovieComm . You may be liable for the losses incurred by MovieComm or others due to any unauthorized use of your MovieComm Site account.
9. third-party sites, products and services; links
The MovieComm Site may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). MovieComm 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 MovieComm 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.
10. termination; terms of service violations.
You agree that MovieComm , in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with MovieComm or your use of the MovieComm Site and remove and discard all or any part of your account, and any User Postings, at any time. MovieComm may also in its sole discretion and at any time discontinue providing access to the MovieComm Site, or any part thereof, with or without notice. You agree that any termination of your access to the MovieComm Site or any account You may have or portion thereof may be effected without prior notice, and You agree that MovieComm 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 MovieComm may have at law or in equity. As discussed herein, MovieComm does not permit copyright infringing activities on the MovieComm Site, and will terminate access to the MovieComm Site, and remove all User Postings or other content submitted by any Users who are found to be repeat infringers.
11. ownership; proprietary rights
You agree to indemnify, save, and hold MovieComm , 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 MovieComm Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. MovieComm reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify MovieComm , and You agree to cooperate with MovieComm ' defense of these claims. MovieComm will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
13. disclaimers; no warranties
13.1 no warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOVIECOMM , 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 MOVIECOMM OR THROUGH THE MOVIECOMM SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 13 THE TERM MOVIECOMM INCLUDES MOVIECOMM ’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
13.2 "as is" and "as available" and "with all faults"
YOU EXPRESSLY AGREE THAT USE OF THE MOVIECOMM SITE IS AT YOUR SOLE RISK. THE MOVIECOMM SITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER POSTINGS, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MOVIECOMM 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.
MOVIECOMM , ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER POSTINGS, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE MOVIECOMM SITE 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.
MOVIECOMM , ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MOVIECOMM SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
13.5 harm to your computer
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE MOVIECOMM SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPRERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
14. limitation of liability and damages
14.1 limitation of liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MOVIECOMM 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 MOVIECOMM SITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH MOVIECOMM , EVEN IF MOVIECOMM OR A MOVIECOMM 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, MOVIECOMM ’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14.2 limitation of damages
IN NO EVENT WILL MOVIECOMM 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 MOVIECOMM SITE OR YOUR INTERACTION WITH OTHER MOVIECOMM SITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE MOVIECOMM SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
14.3 reference sites
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 MOVIECOMM AND RECEIVED THROUGH OR ADVERTISED ON THE MOVIECOMM SITE OR RECEIVED THROUGH ANY REFERENCE SITES.
14.4 basis of the bargain
YOU ACKNOWLEDGE AND AGREE THAT MOVIECOMM 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 MOVIECOMM , AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MOVIECOMM . MOVIECOMM WOULD NOT BE ABLE TO PROVIDE THE MOVIECOMM SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
14.5 limitations by applicable law
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
14.6 consumer end users (outside of the usa).
The failure of MovieComm 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 MovieComm .
15.3 dispute resolution and arbitration
(a) Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or MovieComm will be filed only in the state or federal courts in and for Los Angeles County, California, 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 in Section 15.3(b) regarding arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
(d) Improperly Filed Claims. All claims you bring against MovieComm must be resolved in accordance with this Section 15.3. All claims filed or brought contrary to this Section 15.3 shall be considered improperly filed. Should either party file a claim contrary to this Section 15.3, 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.
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.
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 MovieComm without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 10 through 15.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
15.8 entire agreement
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MOVIECOMM SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMAN