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Terms of Use


 EFFECTIVE October 14, 2011

IMPORTANT!  PLEASE READ THESE TERMS OF USE (THE "TERMS") BEFORE USING WWW.ACNS.NET (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 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
LINKS AND LINKING 
REPRESENTATIONS AND WARRANTIES
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
INDEMNITY 
GOVERNING LAW, JURISDICTION AND ARBITRATION
COPYRIGHT INFRINGEMENT
SEVERABILITY
WAIVER
MISCELLANEOUS
CONTACT US

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. 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 computer 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.

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, such as research materials or press materials, 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. 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
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.

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

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


A complete listing of general contact information for all content protection regional and country offices is located at: www.mpaa.org/about/around-the-world

© 2011 Motion Picture Association, Inc. All rights reserved.