RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Movie Tavern (referred to as “we,” “us” or “our” herein). No material from http://www.movietavern.com, or any web site owned, operated, licensed or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without our prior written permission, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights.
In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
We are pleased to hear from our loyal moviegoers and welcome your comments regarding our products, including our on-line services. Unfortunately, however, our current company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work.
Accordingly, we must, regretfully, ask that you do not send us any original creative materials. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, our property. None of the Information shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe or throughout any known or unknown entity in which the universe may be contained and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting programs, films and other products available in the United States, its territories, possessions and protectorates. We control and operate this site from our offices within the State of Texas, United States of America. We make no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
By downloading a Movie Tavern RSS Feed (“Movie Tavern Feed”) from Movie Tavern you agree to be bound by the terms set out below (the “Standard License Terms”). Movie Tavern may update these Standard License Terms from time to time. Please review these Standard License Terms each time you download a Movie Tavern Feed.
Your download and/or use of a Movie Tavern Feed indicates your agreement to these Standard License Terms.
1. License 1.1 Subject to the terms of this Agreement Movie Tavern grants you a non-transferrable, non-sublicensable, royalty free non-exclusive license to display on your website (“Site”) the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from Movie Tavern via the Movie Tavern Feed (“Movie Tavern Content”). 1.2 All title, ownership rights and intellectual property rights in and to the Movie Tavern Feed shall remain the property of the Movie Tavern. 1.3 Nothing in these Standard License Terms grants you any right to use the Movie Tavern trademark on your Site or elsewhere.
2. Use of Movie Tavern Content 2.1 YOU MUST ENSURE THAT ALL Movie Tavern CONTENT ON YOUR SITE HAS AN ACCREDITATION TO Movie Tavern (Such as “From Movie Tavern”) 2.2 YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING Movie Tavern CONTENT OR OTHERWISE COMMERCIALISE SUCH CONTENT, NOR ATTEMPT TO RE-SELL THE Movie Tavern CONTENT IN ANY WAY. 2.3 Where possible you must create a functional link back to the Movie Tavern pages summarized by the Movie Tavern Content. If you are displaying the Movie Tavern Feed where a functional link back to the Movie Tavern is not possible, you must display on-screen the URL from which the Movie Tavern Content can be obtained (scroll down to the accreditation section below.) You may not directly or indirectly change, edit, add to or produce summaries of the Movie Tavern Content or any content on the Movie Tavern website nor place any full-story Movie Tavern content in an HTML frame-set. 2.5 You may not directly or indirectly suggest any endorsement or approval by the Movie Tavern of your Site or any non-Movie Tavern entity, product or content or any views expressed within your site or service. 2.6 You acknowledge that Movie Tavern has absolute editorial control over all Movie Tavern Content and you accept that Movie Tavern is editorially independent and that the editorial integrity of the Movie Tavern Content is the sole responsibility of Movie Tavern. 2.7 Should you receive any enquiries that relate to Movie Tavern or the Movie Tavern Content you should promptly refer such enquiries to Movie Tavern.
3. Warranties & Liability 3.1 You warrant to Movie Tavern that: (i) you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations; (ii) the Site shall contain no material which is libelous, defamatory, pornographic, obscene or which brings the Movie Tavern into disrepute, or which is in breach of any third party intellectual property rights; and (iii) users of the Site shall be required to comply with terms that are equivalent to the Standard License Terms in relation to their use of Movie Tavern Content. 3.2 The Movie Tavern Feed is made available by Movie Tavern on an “as is” and “as available” basis and Movie Tavern gives no warranty of any kind in relation to the Movie Tavern Feed, the Movie Tavern Content, or any content on the Movie Tavern website. Movie Tavern disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the Movie Tavern Content, the Movie Tavern Feed and the Movie Tavern website and any content thereon. 3.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW Movie Tavern EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE Movie Tavern FEED, THE Movie Tavern CONTENT OR ANY CONTENT ON THE Movie Tavern WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF Movie Tavern CONTENT. 3.4 Each provision of this Clause 3 operates separately in itself and survives independently of the others.
4. Indemnity 4.1 You hereby agree to indemnify, hold harmless and defend Movie Tavern in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the Standard License Terms or otherwise in connection with your use of the Movie Tavern Feed (including the Movie Tavern Content).
5. Termination 5.1 You may terminate this Agreement and the license granted herein at any time by destroying or removing all copies of the Movie Tavern Feed (including the Movie Tavern Content) from your Site, all hard drives, networks and other storage media. 5.2 Movie Tavern may restrict, suspend or terminate the Movie Tavern Feed, this Agreement, the license granted herein or your access to the Movie Tavern Feed at any time without liability. You agree to destroy all copies of the Movie Tavern Feed (including the Movie Tavern Content) upon receiving notice of termination from Movie Tavern. 5.3 Clauses 3, 4 and 6 shall survive termination of this Agreement.
6. General 6.1 Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in this Agreement in whole or in part to any third party. 6.2 This Agreement supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement. 6.3 Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all of our sites and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all of our other sites and all copies thereof, whether made under the terms of this agreement or otherwise.
The materials in Movie Tavern’s web sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Movie Tavern disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Movie Tavern does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Movie Tavern’s web sites or the server that makes them available are free of viruses or other harmful components. Movie Tavern does not warrant or make any representations regarding the use or the results of the use of the materials in Movie Tavern operating’s web sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not Movie Tavern) assume the entire cost of all necessary servicing, repair or correction.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall we be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if we or our authorized representative has been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.