Movie Eye Terms of Usage

AGREEMENT BETWEEN USER AND MOVIE EYE

The Movie Eye Web Site is comprised of various Web pages operated by Movie Eye Corporation.

The Movie Eye Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Movie Eye Web Site constitutes your agreement to all such terms, conditions, and notices.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at http://www.movieeye.com/about.jsp#privacy for disclosures relating to the collection and use of your information. Movie Eye will not sell or make your personal information available to 3rd parties at any time.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular Movie Eye Site/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 to protect your account. 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 Movie Eye immediately of any unauthorized use of your account or any other breach of security. Movie Eye 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 Movie Eye 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.

MODIFICATION OF THESE TERMS OF USE

Movie Eye reserves the right to change the terms, conditions, and notices under which the Movie Eye Site is offered, including but not limited to the charges associated with the use of the Movie Eye Site and/or Services. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Movie Eye Site constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Movie Eye Site is 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 Movie Eye Site.

LINKS TO THIRD PARTY SITES

The Movie Eye Site may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Movie Eye and Movie Eye 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. Movie Eye is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Movie Eye responsible if the Linked Site is not working appropriately. Movie Eye is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Movie Eye 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.

Any dealings with third parties (including advertisers) included within the Movie Eye Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Movie Eye shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Movie Eye Site, you will not use the Movie Eye Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Movie Eye Site in any manner which could damage, disable, overburden, or impair the Movie Eye Site (or the network(s) connected to the Movie Eye Site) or interfere with any other party's use and enjoyment of the Movie Eye Site. You may not attempt to gain unauthorized access to the Movie Eye Site, other accounts, computer systems or networks connected to the Movie Eye Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Movie Eye Site.

USE OF SERVICES

The Movie Eye Site 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.
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 Movie Eye Site or other user or usage information or any portion thereof.
Movie Eye has no obligation to monitor the Communication Services. However, Movie Eye reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Movie Eye reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Movie Eye reserves the right at all times to disclose any information as Movie Eye 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 Movie Eye's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Movie Eye does not control or endorse the content, messages or information found in any Communication Service and, therefore, Movie Eye specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Movie Eye spokespersons, and their views do not necessarily reflect those of Movie Eye.

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 MOVIE EYE

Movie Eye does not claim ownership of the materials you provide to Movie Eye (including feedback and suggestions) or post, upload, input or submit to the Movie Eye Site 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 Movie Eye, 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. Movie Eye is under no obligation to post or use any Submission you may provide and Movie Eye 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.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MOVIE EYE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MOVIE EYE SITE AND TO THE INFORMATION THEREIN. MOVIE EYE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MOVIE EYE SITE AT ANY TIME. ADVICE RECEIVED VIA THE MOVIE EYE SITE 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.

MOVIE EYE 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 MOVIE EYE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MOVIE EYE 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 MOVIE EYE 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 THE MOVIE EYE SITE. YOU SPECIFICALLY AGREE THAT MOVIE EYE 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 MOVIE EYE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A MOVIE EYE SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL MOVIE EYE 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 MOVIE EYE SITES, WITH THE DELAY OR INABILITY TO USE THE MOVIE EYE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MOVIE EYE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MOVIE EYE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOVIE EYE 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 MOVIE EYE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MOVIE EYE SITE.

GENERAL TERMS REGARDING USE AND STORAGE

You agree that Movie Eye may establish limits concerning use of any service offered on the Movie Eye Website, including without limitation, the maximum number of days that stored messages/data will be retained by the service, and the maximum number of times and duration you may access the service in a given period of time.

You agree that Movie Eye has no responsibility or liability for the deletion, corruption or failure to store any data or other content maintained or transmitted by the service. You acknowledge that Movie Eye reserves the right to delete accounts that are inactive for an extended period of time.

MOVIE EYE MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SERVICE CONTACT: webmaster@movieeye.com

TERMINATION/ACCESS RESTRICTION

Movie Eye reserves the right, in its sole discretion, to terminate your access to any or all Movie Eye Services and the related services or any portion thereof at any time, without notice.

Movie Eye may also terminate or suspend your access to Movie Eye Services for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Movie Eye. Upon termination of the Movie Eye Service, your right to use the Movie Eye Site immediately ceases.

Movie Eye shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM DAMAGES

Movie Eye 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 Movie Eye 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 Movie Eye's actual damages, to the extent such actual damages can be reasonably calculated.

Any rights not expressly granted herein are reserved.

Movie Eye reserves the right to cancel any membership at any time for any reason, with or without cause, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause.

Rev. September 2001