Last Modified: July 1, 2015
Features and Functionality Provided by Third Parties; Linked Sites; Third-Party Terms
Certain content, data feeds, features and functionality on the Sites may be owned, operated or controlled by third parties (collectively, “Third-Party Content”). The MPAA may, but is not obligated, to monitor or review any Third-Party Content. The Sites may also contain links to websites that are operated or controlled by third parties (collectively, “Linked Sites”), including links contained in advertisements, such as banner advertisements and sponsored links. Your use of Third-Party Content and Linked Sites may be subject to separate terms and conditions provided by third parties. The presence of Third-Party Content or links to Linked Sites on the Site is not, and should not be viewed, as an endorsement by the MPAA of such Third-Party Content or Linked Sites.
Use of Content
Materials You Submit
You acknowledge that you are responsible for any material you may submit via the Sites, including the legality, accuracy and copyright of any such material. You will not submit to the Sites any content or information that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
If you do submit content or information to the Sites, and unless we indicate otherwise, you grant the MPAA an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content or information throughout the world in any media. You further agree that the MPAA is free to use, without consideration, any ideas, concepts, know-how that you or individuals acting on your behalf provide to the MPAA. You grant and are authorized to grant the MPAA the right to use, without consideration, any name or likeness you submit in connection with such content or information, if the MPAA so chooses. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate, is non-infringing and does not otherwise violate the rights of any person or entity and conforms to applicable laws.
Trademarks and Copyrights
YOU HEREBY AGREE THAT YOUR USE OF THE SITES, THE CONTENT OR ANY SERVICES OR MATERIALS WE PROVIDE IN CONNECTION WITH THE SITES IS AT YOUR SOLE RISK, AND THAT THE FOREGOING ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MPAA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; ANY WARRANTY AS TO THE RESULTS TO BE DERIVED FROM THE USE OF THE SITES OR THE CONTENT, THE ACCURACY OR COMPLETENESS OF ANY CONTENT PROVIDED ON THE SITES, THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE ON THE SITES OR THE CONTENT, OR THAT THE SITES WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE OR SECURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF YOU DOWNLOAD ANY CONTENT FROM THE SITES, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MPAA OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA AND LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SITES OR THE CONTENT, SERVICES OR OTHER MATERIALS CONTAINED IN OR PROVIDED ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE MPAA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CASE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NEW JERSEY, LIMITATIONS ON LIABILITY FOR INTENTIONAL OR RECKLESS ACTS AND GROSS NEGLIGENCE ARE PROHIBITED AND DO NOT APPLY.
Jurisdiction and Applicable Law
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Sites, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations.
Waiver and Severability
If you submit any suggestions, feedback, ideas, questions or comments to the MPAA regarding the Sites or any Content (collectively, “Feedback”), whether posted on the Sites or provided to the MPAA by email or other means, you agree that the MPAA will exclusively own such Feedback, including all intellectual property rights therein. The MPAA shall have the right, but is not obligated, to freely use, disclose and disseminate such Feedback and/or incorporate such Feedback into the Sites or other MPAA materials on an unrestricted basis.
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