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TERMS OF USE

EFFECTIVE FEBRUARY 1, 2013

IMPORTANT! PLEASE READ THESE TERMS OF USE (THE “TERMS”) BEFORE USING WWW.FILMRATINGS.COM (THE “SITE”) AS THEY GOVERN YOUR USE OF THE SITE AND AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATIONS AND LIABILITY, YOUR INDEMNITY OF US AND MANDATORY ARBITRATION.  PLEASE ALSO READ THE PRIVACY POLICY BEFORE USING THE SITE.  BY ACCESSING OR VIEWING THE SITE YOU ARE AGREEING TO BE BOUND BY THE TERMS AND THE PRIVACY POLICY.  DO NOT ACCESS OR VIEW THE SITE IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND THE PRIVACY POLICY.

The Terms apply to this Site and not to any other web site or any offline activities of the Motion Picture Association of America, Inc. (the “MPAA,” “we,” “our” or “us”). The MPAA reserves the right to modify, alter or otherwise change the Terms at any time. If we modify, alter or otherwise change the Terms we will update the “effective” date and such changes will be effective prospectively upon posting. Please check back regularly and review the current terms of use. Your accessing or viewing of the Site after the posting of any changes to the terms of use constitutes your agreement to be bound by any such changes and the current terms of use.

Further, please note that the Site does not provide legal advice. You should consult an attorney if you have any legal questions.

Table of Contents
OWNERSHIP OF INTELLECTUAL PROPERTY AND RESTRICTIONS
CONTENT YOU SUBMIT AND COMMUNITY USAGE RULES
ACCOUNTS, PROFILES AND SOCIAL FEATURES
LINKS AND LINKING
REPRESENTATIONS AND WARRANTIES
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
INDEMNITY
GOVERNING LAW, JURISDICTION AND ARBITRATION
COPYRIGHT INFRINGEMENT
SEVERABILITY
WAIVER
UPDATES TO TERMS
MISCELLANEOUS
UPDATES TO TERMS

OWNERSHIP OF INTELLECTUAL PROPERTY AND RESTRICTIONS

The Site is owned by the MPAA. All content, text, graphics, images, photos, music, sound, audiovisual materials and other materials on the Site, and all trademarks, logos, trade names, service marks and trade identities on the Site (collectively, the “Materials”), are either owned by the MPAA or included on the Site with permission of a third party or as authorized by law. The Site and the Materials are protected by United States and international copyright, trademark, and other laws.

Subject to your compliance with the Terms, you may access and view the Site and the Materials on a single personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. You may not copy, reproduce, publish, transmit, download, distribute or exploit the Site or the Materials unless expressly permitted by us in writing. You may not alter or modify the Site or the Materials, or remove any copyright, trademark or other proprietary notations or information from the Site or the Materials. Moreover, you may not decompile, reverse engineer, or disassemble the Site or the Materials, including, without limitation, by means of any technology or software that (i) interferes with the operation or security of the Site, the Materials, or the server that hosts the Site or the Materials, or (ii) copies, reproduces, transmits, distributes or exploits the Site or the Materials to any server, website or other location, or to any third party. Unauthorized use of the Site or the Materials is not permitted and may result in civil and/or criminal liability.

The MPAA maintains and reserves the right to change or discontinue the Site or the Materials, or to interrupt, terminate or preclude your ability to access or view the Site or the Materials, at any time, in our sole and absolute discretion, without prior notice and for any or no reason whatsoever.

CONTENT YOU SUBMIT AND COMMUNITY USAGE RULES

A. User-Generated Content.

(i) General. The MPAA may now or in the future offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding MPAA licensed elements included therein, “User-Generated Content”). The MPAA may allow you to do this through your Profile Page, forums, blogs, message boards, social networking environments, content, creation tools, gameplay, social communities, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.

(ii) Non-Confidentiality of Your User-Generated Content. You agree that (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) the MPAA does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon the MPAA’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk.

In your communications with the MPAA, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition, the MPAA retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. The MPAA’s receipt of your Unsolicited Ideas and Materials is not an admission by the MPAA of their novelty, priority, or originality, and it does not impair the MPAA’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

(iii) License to MPAA of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms (such as a contest official rules), which specifically govern the submission of your User-Generated Content), you hereby grant to the MPAA, and you agree to grant to MPAA, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services without any payment/remuneration to you, regardless of any industry custom or practice. In order to further effect the rights and license that you grant to the MPAA to your User-Generated Content, you also hereby grant to the MPAA, and agree to grant to the MPAA, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

(iv) The MPAA’s Exclusive Right to Manage our Venue. The MPAA may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and the MPAA may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms. Such User-Generated Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere.

(v) Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant the MPAA the rights to it that you are granting by these Terms and any Additional Terms, all without any the MPAA obligation to obtain consent of any third party and without creating any obligation or liability of the MPAA (b) the User-Generated Content is accurate; © the User-Generated Content does not and, as to the MPAA’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.

(vi) Enforcement. The MPAA has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at the MPAA’s cost and expense, to which you hereby consent and irrevocably appoint the MPAA as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest.

B. Community Usage Rules. As a user of the Service, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Site’s online communities (“Communities”).

(i) Nature of Rules. Your participation in the Communities is subject to all of the Terms, including these Rules:

  • Your User-Generated Content. All of your User-Generated Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to the MPAA. (For example, if someone has taken a picture of you and your friend, and you submit that photo to the MPAA as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.
  • Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
  • Act Appropriately. All of your Service activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Site. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
  • Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
  • Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
  • Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
  • Others Can See. We hope that you will use the Communities to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public and User-Generated Content that you submit on the Service within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
  • Don’t Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by the MPAA.
  • Don’t Damage the Service or Anyone’s Computers or Other Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device.
  • If you submit User-Generated Content that the MPAA reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Service.

(ii) Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.

C. Alerting Us of Violations. If you discover any content that violates these Terms, then you may contact us as set forth below. For alleged infringements of intellectual property rights, see Copyright Infringement section, below.

ACCOUNTS, PROFILES AND SOCIAL FEATURES

In order to access or use some of the features and/or promotions on the Site, you must first register through our online registration process at www.filmratings.com. The Site’s practices governing any resulting collection and use of your personal information are disclosed in its Privacy Policy. If you are under the age of thirteen (13), then you are not permitted to register as a user, create a Profile Page or otherwise submit personal information to us.

If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it including on any Profile Page, continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

LINKS AND LINKING

(a) Links to Third Party Sites. This Site contains links to other web sites that we do not own (“Third Party Sites”). Links to Third Party Sites are provided solely as a convenience to you and do not constitute any endorsement or sponsorship by the MPAA of the Third Party Sites, any information, content, products, services, advertising or other materials provided or made available on or through such sites, or the owners, operators or sponsors of such sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, in connection with your use of any Third Party Sites or for any information, content, products, services, advertising or others materials provided or made available on or through such sites.

(b) Third Party Content. We may make content provided by a third party available on the Site. Any views expressed in such third party content are attributable to the author of the applicable content and should not be attributed to the MPAA.

REPRESENTATIONS AND WARRANTIES

You represent and warrant to us that: (a) you have the legal right and capacity to enter into and comply with the Terms; (b) you will access and view the Site and the Materials on a single computer for your personal, non-commercial use only; (c) you will not use the Site or the Materials for any purpose or in any manner that infringes the rights of the MPAA or any third party; and (d) all information that you provide to us in connection with the Site (e.g., name, e-mail address, and/or other information) is true and accurate.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE MPAA AND ITS MEMBER COMPANIES, AFFILIATES, LICENSORS AND VENDORS, AND ANY OF ITS AND THEIR RESPECTIVE SUBSIDIARIES, PARENTS, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, AGENTS, REPRESENTATIVES, LICENSORS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE “MPAA PARTIES”), HEREBY EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, AND ACCURACY OR COMPLETENESS OF CONTENT. THE MPAA PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE OR THAT YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER THAT MAKES IT AVAILABLE) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.

THE MPAA PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SITE OR THE MATERIALS, OR YOUR USE OF THE SITE OR THE MATERIALS (INCLUDING, WITHOUT LIMITATION, THE SECURITY OF YOUR PERSONAL INFORMATION), EVEN IF SUCH DAMAGES ARE FORESEEABLE OR EVEN IF THE MPAA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE MPAA PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, AND YOU ARE SOLELY RESPONSIBLE FOR ANY REPAIR, REPLACEMENT, SERVICE OR OTHER COSTS.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE OR THE MATERIALS IS TO STOP USING THE SITE AND THE MATERIALS, AND IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY TO THE MPAA PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED TEN DOLLARS (U.S. $10).

YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE, AT THIS TIME, UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN IMPLIED WARRANTIES AND/OR CERTAIN DAMAGES. THEREFORE, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify, defend and hold the MPAA Parties harmless from and against any and all claims, causes of action, proceedings, demands, actions, damages, losses, investigations, liabilities, judgments, settlements, costs (including, without limitation, attorneys’ fees) and/or other expenses arising out of or relating to: (i) your breach or alleged breach of the Terms, including, without limitation, any breach or alleged breach of the representations and warranties hereunder, (ii) your violation or alleged violation of any law, (iii) your use of the Site or the Materials, and/or (iv) any misrepresentations made by you. The MPAA reserves the right to assume the defense and control of any claim, cause of action, proceeding, demand or other matter otherwise subject to indemnification by you. You will cooperate in any defense as fully and as reasonably required by the MPAA. You will not in any event settle any claim, cause of action, proceeding, demand or other matter without the prior written consent of the MPAA, which consent may be withheld in the MPAA’s sole and absolute discretion.

GOVERNING LAW, JURISDICTION AND ARBITRATION

We operate the Site from within the United States. Information contained on the Site may not be appropriate or available for use in other locations, and accessing or viewing the Site in territories where the content may be illegal is prohibited. If you access or view the Site from other locations you do so on your own initiative and you are solely responsible for compliance with any applicable local laws. The Terms shall be governed by, construed and enforced in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in the State of California (i.e., without regard to conflict of laws provisions) regardless of your location. The parties specifically disclaim any application of the Convention on Contracts for the International Sale of Goods.

Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and the MPAA agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. Except with respect to the protection and enforcement of the intellectual property rights of the MPAA Parties and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the Terms or the Site shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. Any such claim, cause of action or proceeding shall be arbitrated on an individual basis and without resort to any form of class action. The arbitration shall be conducted in Los Angeles, California, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this section, shall be filed and adjudicated in a state or federal court in Los Angeles County, California, and all parties agree to submit to the personal jurisdiction of those courts. You irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action.

COPYRIGHT INFRINGEMENT

In accordance with the Digital Millennium Copyright Act, we have a designated Copyright Agent for receiving notices of claims of copyright infringement. If you believe that any content on the Site infringes your copyright, please provide our Copyright Agent with the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(f) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent may be reached at:

Motion Picture Association of America, Inc.
Attention: Copyright Agent
15301 Ventura Boulevard, Building E
Sherman Oaks, California 91403

Telephone: (818) 995-6600 (818) 995-6600 FREE

E-mail: dmca@mpaa.org

SEVERABILITY

If any provision or section of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision or section will be deemed severable from the other provisions and sections and will not affect the validity or enforceability of any remaining provisions and sections.

WAIVER

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

UPDATES TO TERMS

These Terms shall govern your use of the Site each time you access the Site. AS OUR SITE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SITE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SITE UNDER THE TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms each time you use the Service (at least prior to each transaction or submission). Any additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your account and the e-mail you associated with your Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional Terms by discontinuing use of the Site and related services.

MISCELLANEOUS

You agree that the Terms will not be construed against us by virtue of having drafted them. Furthermore, the section titles in the Terms are inserted only as a matter of convenience and have no legal or contractual effect.

CONTACT US

If you have questions or comments about the Terms or the Site, you may contact us at or by mail at:

Motion Picture Association of America, Inc.
Attention: mpaa.org
15301 Ventura Boulevard, Building E
Sherman Oaks, California 91403

contactus@mpaa.org

Please note that your e-mails or written correspondence may not receive a response.