MovieQUA Privacy & Terms of Use
PRIVACY
RIGHT TO CHANGE POLICY
As MOVIEQUA is constantly innovating and enhancing the products and services it provides to its users, this Privacy Statement will also continue to change to match the products and services we make available.
As such, we reserve the right to change this statement to match the products and services we provide.
When you visit our site or use our products and services, we encourage you to check this Privacy Statement to ensure you are aware of any updates. However, regardless of how this Privacy Statement may change or evolve over time, MOVIEQUA will not collect your private and personally identifiable information without your consent.
USER PROFILE
To use any MOVIEQUA facilities including comments, reviews, analyses, questions, answers, or any other form of contribution or distribution of images, video or text, MOVIEQUA requests that you create a user profile, which contains your required e-mail address and nickname. If you do not choose to create a user profile, you will not be able to enter and use MOVIEQUA facilities.
MOVIEQUA gives you the opportunity to create a user profile of yourself. The user profile contains personal information that you have volunteered about yourself so that other participants in various areas within MOVIEQUA can learn something about you.
Submitting any such information as well as creating a user profile is optional and various information that you enter in your user profile will be visible to the public. The information in your MOVIEQUA user profile is used by the MOVIEQUA comments, reviews, analyses, questions, answers and other areas to enhance your experience while using MOVIEQUA. Your user profile is available and visible to other MOVIEQUA visitors using the site.
MOVIEQUA urges you to be careful only to enter information on your user profile that you are comfortable sharing with the public at large. If you do not feel entirely comfortable with this, we urge you not to submit any personal information, and therefore not sign up. You may change, edit or delete information about yourself from your public profile at any time while online by visiting your user profile page, which is available once you are logged in. You may not delete your account once it is created.
PROFILES
Profiles are automatically created when you register with MOVIEQUA. These profiles serve as portals for interaction between you and other MOVIEQUA users. Any information you upload, post or share via a profile on MOVIEQUA will be accessible by every other user in the MOVIEQUA network as well as casual browsers. Please only submit information you are comfortable sharing.
COOKIES
MOVIEQUA uses browser cookies to facilitate your experience with our products and services. These cookies are small sections of code that our server sends to your browser which it can then store on your hard drive. These cookies are usually no more than a few characters in length and therefore do not contain much information and do not take up much space.
They enable us to recognize that your browser has previously visited and used our site, products or services and, based on your browser's previous visits, assist us with tailoring the information and content, banners and promotions you view.
These cookies enable us to log you in. An example of the customization allowed by the use of such cookies is to retain your username and password on our site so you don't have to re-enter them each time you visit.
These cookies are used mainly to make your visit to MOVIEQUA as unique as possible without storing private and recognizable information in an unsafe format. You have to accept these cookies to use any facilities at MOVIEQUA.
INTERACTION : MOVIEQUA.COM
While participating in online communities or other areas, MOVIEQUA cautions you against giving out personally identifiable information (such as names and addresses, phone numbers, social security numbers, credit card numbers, and driver's license numbers) to strangers online, which they may use for illegal or harmful purposes.
TERMS
OWNERSHIP OF SITE: AGREEMENT TO TERMS OF USE
These Terms and Conditions of Use (the 'Terms of Use') apply to the MOVIEQUA web site located at WWW.MOVIEQUA.COM (the 'Site'). The Site is the property of the Head Administrators of MOVIEQUA. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
MODIFICATION OF THESE TERMS OF USE
MOVIEQUA reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, the terms, conditions, and notices under which the MOVIEQUA Sites/Services are offered, including but not limited to the charges associated with the use of the MOVIEQUA Sites/Services at any time. You are responsible for regularly reviewing these Terms of Use, terms and conditions and additional terms posted on particular MOVIEQUA Sites/Services for changes. Your continued use of the MOVIEQUA Sites/Services constitutes your agreement to all such terms, conditions, and notices and to all changes that occur to all such terms conditions, and notices. As long as you comply with these Terms of Use, MOVIEQUA grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
CONTENT - NON USER UPLOADED CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, articles, blogs, reviews, guides and computer code (collectively, 'Content'), including but not limited to the design, structure, selection, coordination, expression, 'look and feel' and arrangement of such Content, contained on the Site is owned by MOVIEQUA and is protected by trade dress, copyright, and trademark laws. This Content does not include User Content (see Section 'USER CONTENT'). No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including 'mirroring') to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without MOVIEQUA's express prior written consent.
USER CONTENT; POSTING REVIEWS, ANALYSES, QUESTIONS, COMMENTS, USER PROFILE AND OTHER AREAS
The Site includes information, images, photos, commentary, content, opinions and material that the Site users upload ('User Content' ). You agree to upload and post only User Content that you have the right to distribute. MOVIEQUA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. We don't test or verify any User Content on the Site. While we do not knowingly accept User Content that violates another's rights, we are not responsible if it happens.
You are responsible for your own User Content, whether posted in the reviews, analyses, questions, answers or other public posting areas on the Site. You agree to conform to Site polices and guidelines concerning the size, length, format, subject, content, and relevancy of User Content. Submitting User Content that violates our rules or any applicable local, national or international laws or regulations is not acceptable, and may subject you to sanctions, including termination of your user rights.
MOVIEQUA will determine, in MOVIEQUA's sole discretion, whether User Content containing is acceptable or not. MOVIEQUA's decision is final even if an individual user disagrees with MOVIEQUA. MOVIEQUA reserves the right (but assumes no obligation) to edit, redact or delete User Content that we consider unacceptable or inappropriate, or for any other reasons, which we need not disclose, at MOVIEQUA's discretion and convenience.
User Content may be edited. MOVIEQUA reserve the right to edit, redact or delete any User Content that you upload to the Site, at MOVIEQUA's sole discretion. MOVIEQUA may also contains material from experts, organizations and advertisers ('Third Party Content' ). MOVIEQUA is not responsible for the accuracy, reliability or usefulness of Third Party Content.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular MOVIEQUA Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MOVIEQUA immediately of any unauthorized use of your account or any other breach of security. MOVIEQUA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MOVIEQUA or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the MOVIEQUA Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the MOVIEQUA Sites/Services.
NO UNLAWFUL OR PROHIBITED USE
You may not use any 'deep-link', 'page-scrape', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor or reproduce any portion of the Site or any Content. You may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password 'mining' or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site nor breach the security or authentication measures on the Site. You may not reverse look-up, trace or seek to trace any information on any other user of the Site, visitor to the Site, or customer of MOVIEQUA. You may not exploit the Site information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MOVIEQUA on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the MOVIEQUA or others.
TERMINATION/ACCESS RESTRICTION
MOVIEQUA reserves the right, in its sole discretion, to terminate your access to any or all MOVIEQUA Sites/Services and the related services or any portion thereof at any time, without notice. MOVIEQUA may also terminate or suspend your access to MOVIEQUA Sites/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by MOVIEQUA. The amount of time that MOVIEQUA currently considers as an 'extended' period of time may be provided upon request. Upon termination of the MOVIEQUA Site/Service, your right to use the MOVIEQUA Site/Service immediately ceases.
MOVIEQUA shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
THIRD PARTY LINKS, CONTENT, SITES AND SERVICES
The MOVIEQUA Sites/Services may contain links to third party Web sites ('Linked Sites'). The Linked Sites are not under the control of MOVIEQUA and MOVIEQUA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MOVIEQUA is not responsible for webcasting or any other form of transmission received from any Linked Site nor is MOVIEQUA responsible if the Linked Site is not working appropriately. MOVIEQUA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MOVIEQUA of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
MOVIEQUA is not responsible for and does not endorse or recommend the content of linked or unlinked third-party sites; third-party products, services, events, or offerings; sites framed within the MOVIEQUA Site; third-party sites provided as search results; or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites, products, services, events or offerings is at your own risk and subject to the terms of use and privacy policies for such third party sites, and you should review the terms of use and privacy policies of all sites that you link to from our Site. MOVIEQUA does not endorse any product advertised on the Site that is not owned by MOVIEQUA.
Your interactions with organizations and/or individuals found on or through MOVIEQUA, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are your responsibility and are solely between you and such organizations and/or individuals.
You agree that MOVIEQUA, its its owner(s), MOVIEQUA administrators, MOVIEQUA subsidiaries, affiliates, officers and employees shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on Site, or between users and any third party, you understand and agree that MOVIEQUA is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MOVIEQUA, its owner(s), administrators, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
ADVERTISING OWNED BY MOVIEQUA
Any advertising such as promotions and coupons displayed on the Site that is owned by MOVIEQUA is subject to change at any time at MOVIEQUA's discretion.
PRIVACY
MOVIEQUA's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
USE OF SERVICES
The MOVIEQUA Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, 'Communication Services' ). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload distribute or disseminate nudity or pornographic visual material onto any areas of the site.
• Include URLs or advertising of third party products or websites or any unauthorized advertising in their user User Name or submitted content.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an MOVIEQUA Site/Service(s) or other user or usage information or any portion thereof.
• Use swearing/profanity towards another member of the site in forums and any other publicly viewable areas of the site.
• Publish, post, upload, distribute or disseminate defamation or negative connotations towards MOVIEQUA Site/Service(s), MOVIEQUA administrators, MOVIEQUA subsidiaries, affiliates, officers and employees.
• Create user names that imitate the MOVIEQUA logo or are derivatives of the MOVIEQUA brand or resemble MOVIEQUA or resemble MOVIEQUA administration.
MOVIEQUA has no obligation to monitor the Communication Services. However, MOVIEQUA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MOVIEQUA reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
MOVIEQUA reserves the right at all times to disclose any information as MOVIEQUA deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MOVIEQUA's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MOVIEQUA does not control or endorse the content, messages or information found in any Communication Service and, therefore, MOVIEQUA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, administrators and hosts are not authorized MOVIEQUA spokespersons, and their views do not necessarily reflect those of MOVIEQUA.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO MOVIEQUA OR POSTED AT ANY MOVIEQUA WEB SITE
MOVIEQUA does not claim ownership of the materials you provide to MOVIEQUA (including feedback and suggestions) or post, upload, input or submit to any MOVIEQUA Site/Service or its associated services for review by the general public (each a 'Submission' and collectively 'Submissions' ). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MOVIEQUA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. MOVIEQUA is under no obligation to post or use any Submission you may provide and MOVIEQUA may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE MOVIEQUA SITES/SERVICES
All content and software (if any) that is made available to view and/or download in connection with the MOVIEQUA Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ('Software' ) is owned by and is the copyrighted work of MOVIEQUA Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ('License Agreement' ). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, MOVIEQUA Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular MOVIEQUA Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
GENERAL TERMS REGARDING USE AND STORAGE
You agree that MOVIEQUA may establish limits concerning use of any service offered on an MOVIEQUA Website, including without limitation, the maximum number of days that e-mail messages will be retained by the service, the maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on MOVIEQUA's servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.
You agree that MOVIEQUA has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that MOVIEQUA reserves the right to delete accounts that are inactive for an extended period of time.
MOVIEQUA MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
NO SPAM; DAMAGES
MOVIEQUA will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay MOVIEQUA liquidated damages of $5 (US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay MOVIEQUA's actual damages, to the extent such actual damages can be reasonably calculated.
LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
GENERAL
This agreement is governed by the laws of the Province of Ontario, Canada. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada. in all disputes arising out of or relating to the use of the MOVIEQUA Sites/Services. Use of the MOVIEQUA Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MOVIEQUA as a result of this agreement or use of the MOVIEQUA Sites/Services. You agree to indemnify and hold MOVIEQUA, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the MOVIEQUA Sites/Services. MOVIEQUA reserves the right to disclose any personal information about you or your use of the MOVIEQUA Sites/Services, including its contents, without your prior permission if MOVIEQUA has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of MOVIEQUA or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. MOVIEQUA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MOVIEQUA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MOVIEQUA Sites/Services or information provided to or gathered by MOVIEQUA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MOVIEQUA with respect to the MOVIEQUA Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MOVIEQUA with respect to the MOVIEQUA Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MOVIEQUA SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MOVIEQUA SITES/SERVICES AND TO THE INFORMATION THEREIN. MOVIEQUA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MOVIEQUA SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE MOVIEQUA SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MOVIEQUA CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MOVIEQUA SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. MOVIEQUA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT MOVIEQUA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN MOVIEQUA SITE/SERVICE. YOU SPECIFICALLY AGREE THAT MOVIEQUA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MOVIEQUA IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN MOVIEQUA SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL MOVIEQUA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MOVIEQUA SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE MOVIEQUA SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MOVIEQUA SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MOVIEQUA SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOVIEQUA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOVIEQUA SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MOVIEQUA SITES/SERVICES.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the MOVIEQUA Web Sites are: Copyright © 2012 MOVIEQUA Corporation and/or its suppliers, All rights reserved.
TRADEMARKS.MOVIEQUA and/or other MOVIEQUA products referenced herein are either trademarks or registered trademarks of MOVIEQUA. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
DIGITAL MILLENIUM COPYRIGHT ACT.
If you believe that any content on the Site infringes upon your copyrights, including but not limited to User Content, you may submit a notification pursuant to the Digital Millennium Copyright Act ('DMCA' ) by providing our Copyright Agent with the following information in writing:
* 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 or works claimed to have been infringed,
* 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.
MOVIEQUA's designated Copyright Agent to receive notifications of claimed infringement is via our Contact Form: You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
RIGHT TO CHANGE POLICY
As MOVIEQUA is constantly innovating and enhancing the products and services it provides to its users, this Privacy Statement will also continue to change to match the products and services we make available.
As such, we reserve the right to change this statement to match the products and services we provide.
When you visit our site or use our products and services, we encourage you to check this Privacy Statement to ensure you are aware of any updates. However, regardless of how this Privacy Statement may change or evolve over time, MOVIEQUA will not collect your private and personally identifiable information without your consent.
USER PROFILE
To use any MOVIEQUA facilities including comments, reviews, analyses, questions, answers, or any other form of contribution or distribution of images, video or text, MOVIEQUA requests that you create a user profile, which contains your required e-mail address and nickname. If you do not choose to create a user profile, you will not be able to enter and use MOVIEQUA facilities.
MOVIEQUA gives you the opportunity to create a user profile of yourself. The user profile contains personal information that you have volunteered about yourself so that other participants in various areas within MOVIEQUA can learn something about you.
Submitting any such information as well as creating a user profile is optional and various information that you enter in your user profile will be visible to the public. The information in your MOVIEQUA user profile is used by the MOVIEQUA comments, reviews, analyses, questions, answers and other areas to enhance your experience while using MOVIEQUA. Your user profile is available and visible to other MOVIEQUA visitors using the site.
MOVIEQUA urges you to be careful only to enter information on your user profile that you are comfortable sharing with the public at large. If you do not feel entirely comfortable with this, we urge you not to submit any personal information, and therefore not sign up. You may change, edit or delete information about yourself from your public profile at any time while online by visiting your user profile page, which is available once you are logged in. You may not delete your account once it is created.
PROFILES
Profiles are automatically created when you register with MOVIEQUA. These profiles serve as portals for interaction between you and other MOVIEQUA users. Any information you upload, post or share via a profile on MOVIEQUA will be accessible by every other user in the MOVIEQUA network as well as casual browsers. Please only submit information you are comfortable sharing.
COOKIES
MOVIEQUA uses browser cookies to facilitate your experience with our products and services. These cookies are small sections of code that our server sends to your browser which it can then store on your hard drive. These cookies are usually no more than a few characters in length and therefore do not contain much information and do not take up much space.
They enable us to recognize that your browser has previously visited and used our site, products or services and, based on your browser's previous visits, assist us with tailoring the information and content, banners and promotions you view.
These cookies enable us to log you in. An example of the customization allowed by the use of such cookies is to retain your username and password on our site so you don't have to re-enter them each time you visit.
These cookies are used mainly to make your visit to MOVIEQUA as unique as possible without storing private and recognizable information in an unsafe format. You have to accept these cookies to use any facilities at MOVIEQUA.
INTERACTION : MOVIEQUA.COM
While participating in online communities or other areas, MOVIEQUA cautions you against giving out personally identifiable information (such as names and addresses, phone numbers, social security numbers, credit card numbers, and driver's license numbers) to strangers online, which they may use for illegal or harmful purposes.
TERMS
OWNERSHIP OF SITE: AGREEMENT TO TERMS OF USE
These Terms and Conditions of Use (the 'Terms of Use') apply to the MOVIEQUA web site located at WWW.MOVIEQUA.COM (the 'Site'). The Site is the property of the Head Administrators of MOVIEQUA. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
MODIFICATION OF THESE TERMS OF USE
MOVIEQUA reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, the terms, conditions, and notices under which the MOVIEQUA Sites/Services are offered, including but not limited to the charges associated with the use of the MOVIEQUA Sites/Services at any time. You are responsible for regularly reviewing these Terms of Use, terms and conditions and additional terms posted on particular MOVIEQUA Sites/Services for changes. Your continued use of the MOVIEQUA Sites/Services constitutes your agreement to all such terms, conditions, and notices and to all changes that occur to all such terms conditions, and notices. As long as you comply with these Terms of Use, MOVIEQUA grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
CONTENT - NON USER UPLOADED CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, articles, blogs, reviews, guides and computer code (collectively, 'Content'), including but not limited to the design, structure, selection, coordination, expression, 'look and feel' and arrangement of such Content, contained on the Site is owned by MOVIEQUA and is protected by trade dress, copyright, and trademark laws. This Content does not include User Content (see Section 'USER CONTENT'). No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including 'mirroring') to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without MOVIEQUA's express prior written consent.
USER CONTENT; POSTING REVIEWS, ANALYSES, QUESTIONS, COMMENTS, USER PROFILE AND OTHER AREAS
The Site includes information, images, photos, commentary, content, opinions and material that the Site users upload ('User Content' ). You agree to upload and post only User Content that you have the right to distribute. MOVIEQUA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. We don't test or verify any User Content on the Site. While we do not knowingly accept User Content that violates another's rights, we are not responsible if it happens.
You are responsible for your own User Content, whether posted in the reviews, analyses, questions, answers or other public posting areas on the Site. You agree to conform to Site polices and guidelines concerning the size, length, format, subject, content, and relevancy of User Content. Submitting User Content that violates our rules or any applicable local, national or international laws or regulations is not acceptable, and may subject you to sanctions, including termination of your user rights.
MOVIEQUA will determine, in MOVIEQUA's sole discretion, whether User Content containing is acceptable or not. MOVIEQUA's decision is final even if an individual user disagrees with MOVIEQUA. MOVIEQUA reserves the right (but assumes no obligation) to edit, redact or delete User Content that we consider unacceptable or inappropriate, or for any other reasons, which we need not disclose, at MOVIEQUA's discretion and convenience.
User Content may be edited. MOVIEQUA reserve the right to edit, redact or delete any User Content that you upload to the Site, at MOVIEQUA's sole discretion. MOVIEQUA may also contains material from experts, organizations and advertisers ('Third Party Content' ). MOVIEQUA is not responsible for the accuracy, reliability or usefulness of Third Party Content.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular MOVIEQUA Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MOVIEQUA immediately of any unauthorized use of your account or any other breach of security. MOVIEQUA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MOVIEQUA or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the MOVIEQUA Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the MOVIEQUA Sites/Services.
NO UNLAWFUL OR PROHIBITED USE
You may not use any 'deep-link', 'page-scrape', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor or reproduce any portion of the Site or any Content. You may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password 'mining' or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site nor breach the security or authentication measures on the Site. You may not reverse look-up, trace or seek to trace any information on any other user of the Site, visitor to the Site, or customer of MOVIEQUA. You may not exploit the Site information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MOVIEQUA on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the MOVIEQUA or others.
TERMINATION/ACCESS RESTRICTION
MOVIEQUA reserves the right, in its sole discretion, to terminate your access to any or all MOVIEQUA Sites/Services and the related services or any portion thereof at any time, without notice. MOVIEQUA may also terminate or suspend your access to MOVIEQUA Sites/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by MOVIEQUA. The amount of time that MOVIEQUA currently considers as an 'extended' period of time may be provided upon request. Upon termination of the MOVIEQUA Site/Service, your right to use the MOVIEQUA Site/Service immediately ceases.
MOVIEQUA shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
THIRD PARTY LINKS, CONTENT, SITES AND SERVICES
The MOVIEQUA Sites/Services may contain links to third party Web sites ('Linked Sites'). The Linked Sites are not under the control of MOVIEQUA and MOVIEQUA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MOVIEQUA is not responsible for webcasting or any other form of transmission received from any Linked Site nor is MOVIEQUA responsible if the Linked Site is not working appropriately. MOVIEQUA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MOVIEQUA of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
MOVIEQUA is not responsible for and does not endorse or recommend the content of linked or unlinked third-party sites; third-party products, services, events, or offerings; sites framed within the MOVIEQUA Site; third-party sites provided as search results; or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites, products, services, events or offerings is at your own risk and subject to the terms of use and privacy policies for such third party sites, and you should review the terms of use and privacy policies of all sites that you link to from our Site. MOVIEQUA does not endorse any product advertised on the Site that is not owned by MOVIEQUA.
Your interactions with organizations and/or individuals found on or through MOVIEQUA, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are your responsibility and are solely between you and such organizations and/or individuals.
You agree that MOVIEQUA, its its owner(s), MOVIEQUA administrators, MOVIEQUA subsidiaries, affiliates, officers and employees shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on Site, or between users and any third party, you understand and agree that MOVIEQUA is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MOVIEQUA, its owner(s), administrators, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
ADVERTISING OWNED BY MOVIEQUA
Any advertising such as promotions and coupons displayed on the Site that is owned by MOVIEQUA is subject to change at any time at MOVIEQUA's discretion.
PRIVACY
MOVIEQUA's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
USE OF SERVICES
The MOVIEQUA Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, 'Communication Services' ). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload distribute or disseminate nudity or pornographic visual material onto any areas of the site.
• Include URLs or advertising of third party products or websites or any unauthorized advertising in their user User Name or submitted content.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an MOVIEQUA Site/Service(s) or other user or usage information or any portion thereof.
• Use swearing/profanity towards another member of the site in forums and any other publicly viewable areas of the site.
• Publish, post, upload, distribute or disseminate defamation or negative connotations towards MOVIEQUA Site/Service(s), MOVIEQUA administrators, MOVIEQUA subsidiaries, affiliates, officers and employees.
• Create user names that imitate the MOVIEQUA logo or are derivatives of the MOVIEQUA brand or resemble MOVIEQUA or resemble MOVIEQUA administration.
MOVIEQUA has no obligation to monitor the Communication Services. However, MOVIEQUA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MOVIEQUA reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
MOVIEQUA reserves the right at all times to disclose any information as MOVIEQUA deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MOVIEQUA's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MOVIEQUA does not control or endorse the content, messages or information found in any Communication Service and, therefore, MOVIEQUA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, administrators and hosts are not authorized MOVIEQUA spokespersons, and their views do not necessarily reflect those of MOVIEQUA.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO MOVIEQUA OR POSTED AT ANY MOVIEQUA WEB SITE
MOVIEQUA does not claim ownership of the materials you provide to MOVIEQUA (including feedback and suggestions) or post, upload, input or submit to any MOVIEQUA Site/Service or its associated services for review by the general public (each a 'Submission' and collectively 'Submissions' ). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MOVIEQUA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. MOVIEQUA is under no obligation to post or use any Submission you may provide and MOVIEQUA may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE MOVIEQUA SITES/SERVICES
All content and software (if any) that is made available to view and/or download in connection with the MOVIEQUA Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ('Software' ) is owned by and is the copyrighted work of MOVIEQUA Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ('License Agreement' ). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, MOVIEQUA Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular MOVIEQUA Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
GENERAL TERMS REGARDING USE AND STORAGE
You agree that MOVIEQUA may establish limits concerning use of any service offered on an MOVIEQUA Website, including without limitation, the maximum number of days that e-mail messages will be retained by the service, the maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on MOVIEQUA's servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.
You agree that MOVIEQUA has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that MOVIEQUA reserves the right to delete accounts that are inactive for an extended period of time.
MOVIEQUA MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
NO SPAM; DAMAGES
MOVIEQUA will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay MOVIEQUA liquidated damages of $5 (US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay MOVIEQUA's actual damages, to the extent such actual damages can be reasonably calculated.
LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
GENERAL
This agreement is governed by the laws of the Province of Ontario, Canada. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada. in all disputes arising out of or relating to the use of the MOVIEQUA Sites/Services. Use of the MOVIEQUA Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MOVIEQUA as a result of this agreement or use of the MOVIEQUA Sites/Services. You agree to indemnify and hold MOVIEQUA, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the MOVIEQUA Sites/Services. MOVIEQUA reserves the right to disclose any personal information about you or your use of the MOVIEQUA Sites/Services, including its contents, without your prior permission if MOVIEQUA has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of MOVIEQUA or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. MOVIEQUA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MOVIEQUA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MOVIEQUA Sites/Services or information provided to or gathered by MOVIEQUA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MOVIEQUA with respect to the MOVIEQUA Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MOVIEQUA with respect to the MOVIEQUA Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MOVIEQUA SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MOVIEQUA SITES/SERVICES AND TO THE INFORMATION THEREIN. MOVIEQUA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MOVIEQUA SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE MOVIEQUA SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MOVIEQUA CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MOVIEQUA SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. MOVIEQUA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT MOVIEQUA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN MOVIEQUA SITE/SERVICE. YOU SPECIFICALLY AGREE THAT MOVIEQUA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MOVIEQUA IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN MOVIEQUA SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL MOVIEQUA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MOVIEQUA SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE MOVIEQUA SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MOVIEQUA SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MOVIEQUA SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOVIEQUA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOVIEQUA SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MOVIEQUA SITES/SERVICES.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the MOVIEQUA Web Sites are: Copyright © 2012 MOVIEQUA Corporation and/or its suppliers, All rights reserved.
TRADEMARKS.MOVIEQUA and/or other MOVIEQUA products referenced herein are either trademarks or registered trademarks of MOVIEQUA. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
DIGITAL MILLENIUM COPYRIGHT ACT.
If you believe that any content on the Site infringes upon your copyrights, including but not limited to User Content, you may submit a notification pursuant to the Digital Millennium Copyright Act ('DMCA' ) by providing our Copyright Agent with the following information in writing:
* 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 or works claimed to have been infringed,
* 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.
MOVIEQUA's designated Copyright Agent to receive notifications of claimed infringement is via our Contact Form: You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Arthur, a sheet music salesman, has an ear for the hit tunes, but nobody will trust it. And his imagination often bur...
|
Father O'Malley the unconventional priest from 'Going My Way' continues his work for the Catholic Church. This time h...
|
This comedy series is all about two mates, Gary and Tony who share a two bedroom home. They are grown men who act lik...
|
"Listen: Billie Pilgrim has come unstuck in time." The opening words of the famous novel are the quickest summary of ...
|