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MovieMission Legal Disclaimer

TERMS AND CONDITIONS FOR
MovieMission WEBSITE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS PERTAINING TO YOUR USE OF THIS SITE.

The terms and conditions on this page are the terms and conditions under which you may use the MovieMission (the "MovieMission") website ("MovieMission Site") and services offered thereon. Please read these terms and conditions carefully; your use of the MovieMission Site indicates your acceptance of them. If you do not agree to be bound by these terms and conditions, please exit the MovieMission Site. International Merchandising Corporation ("MovieMission"), the producer of the MovieMission Tour, may change these terms and conditions periodically by posting the amended terms on the MovieMission Site. It is your responsibility to periodically check this page for any such amendments.

1. Children's Online Protection and Privacy Act Notice

MovieMission collects personal information on the MovieMission Site. It is MovieMission's intent to adhere to the Children's Online Protection and Privacy Act ("COPPA"). This notice describes our practice of collecting, using and disclosing personal information, including from children under 13. If you have any questions about these policies, you may contact us by e-mail at info@moviemission.com, by telephone at , or in writing at .

MovieMission collects personal information directly from MovieMission Site visitors, including children, limited to name and e-mail address. No child is required to provide any information in order to access most of the MovieMission Site. No user is required to disclose more information than is reasonably necessary. Any collected information is for internal purposes only, and is not disclosed to third parties. Information may be used for marketing purposes, and/or to provide you with MovieMission information which we believe may be of interest to you. In order to receive such information, marketing and otherwise, it is necessary for you to establish an account with us. If you are under 13, please have a parent or guardian establish your account. For account registration, we require your name and e-mail address. Under COPPA, no web site operator can require children under 13 to provide more information than is reasonably necessary. MovieMission will not rent or sell children's personal identifiable information. MovieMission will not contact children under 13 regarding special offers or for marketing purpose without parental consent.

A parent may review his or her child's personal information, ask to have it deleted, and/or refuse to allow any further collection or use of his or her child's information. To do any of the foregoing, please contact the MovieMission Site operator through one of the methods listed above.

2. Content

"MovieMission Content" shall mean any and all proprietary images, technology, applications, artwork, copy, information, data, graphics, logos, text, or other materials on the MovieMission Site (except for third party content licensed to MovieMission). MovieMission owns exclusively all MovieMission Content on the MovieMission Site, unless otherwise indicated. This MovieMission Content is protected under United States and International Copyright Laws. Except for the license granted herein, you have no rights in or to the MovieMission Content.

For users of and visitors to the MovieMission Site, MovieMission grants you a personal, non-transferable, and nonexclusive right to access and use the MovieMission Content solely for your personal use in accordance with these terms and conditions. No portion of any MovieMission Content may be modified, copied, sold, leased, distributed, transmitted, made into derivative works, or used for any commercial purpose on behalf of any other person or entity.

3. Use of Site

You agree that you will not use the MovieMission Site for any fraudulent, illegal, harassing or offensive activity. Further, you agree that you will not post on the MovieMission Site any content which would infringe or violate the rights of any third party.

4. Reservation of Rights/Software Restrictions

Any and all rights and uses to any MovieMission Content not expressly granted to you under these terms and conditions are hereby reserved by MovieMission.

If you download any software from the MovieMission Site, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is subject to the above limited right to use. MovieMission retains all right, title and interest in and to the Software, including all intellectual property rights therein. You may not distribute, sell, or transmit the Software nor are you permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works. You acknowledge that the Software and all related technical information is subject to U.S. export controls under U.S. Export Administration Regulations, and by downloading Software, you agree to comply therewith.

5. MovieMission Trademarks

Nothing herein shall be interpreted to mean, and MovieMission does not grant to you, any right or license in any MovieMission trademark, tradename, service mark, insignia, slogan, name, emblem, logo, symbol, design and/or other identifying characteristics owned by or associated with MovieMission, or its affiliates, in any manner whatsoever.

You acknowledge and agree that MovieMission owns and shall retain all rights, title and interest in and to the MovieMission Content, including, without limitation, all copies thereof and all rights to patents, copyrights, trademarks, service marks, tradenames and other intellectual property rights inherent therein and appurtenant thereto.

6. Idea Submissions to MovieMission

It is MovieMission's policy not to accept unsolicited ideas, unless the person submitting the idea signs an Idea Submission Agreement. MovieMission's Idea Submission Agreement is designed to protect MovieMission and its affiliated companies should MovieMission, for any reason whatsoever, decide against any submission.

If you choose to submit an idea to MovieMission, it will be subject to the terms of the Idea Submission Agreement. If you wish to have MovieMission review your proposal, you must request a copy of MovieMission's Idea Submission Agreement which you must sign and send along with your proposal, and then MovieMission will be willing to review your idea. In the event that MovieMission has an interest in any third party idea, MovieMission would then discuss with the person submitting the idea the basis upon which the parties would work together and a new agreement would replace MovieMission's Idea Submission Agreement. However, MovieMission is under no obligation to do so, and submission of an idea, even with a signed Idea Submission Agreement, does not in any way guarantee that MovieMission will review any proposal.

7. Termination

You agree that MovieMission, in its sole discretion, may terminate your use of the MovieMission Site for any reason whatsoever, including, but not limited to, MovieMission's belief that you have violated or acted inconsistently with these terms and conditions. MovieMission may also, in its sole discretion and at any time, discontinue the MovieMission Site and/or the services offered hereon. Termination of your access to the MovieMission Site and/or any of the services hereon may be without notice, and you agree that MovieMission will not be liable to you for any termination of your access to the MovieMission Site and/or the services hereon.

8. Disclaimer of Liability

The MovieMission Site may provide links to other sites maintained by parties other than MovieMission ("Third Party Sites"), who are solely responsible for the content and materials on such Third Party Sites. MovieMission makes no representations as to the content on the MovieMission Site, or any Third Party Site. MovieMission assumes no liability or responsibility for any errors or omissions in the content on the MovieMission Site or any Third Party Site. MovieMission does not warrant that the functions contained on the MovieMission Site will be uninterrupted or error-free or that the servers that make the functions available are free of viruses or other harmful components. If your use of the MovieMission Site or any Third Party Site or the content therein results in the need for servicing or replacing equipment or data, MovieMission is not responsible for such costs and/or expenses.

THIS SITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MovieMission DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PROPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN ADDITION, MovieMission DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE FREE OF DEFECTS, INCLUDING WITHOUT LIMITATION, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OFs THIS SITE ASSUMES ALL COSTS IN CONNECTION WITH ANY SERVICING, REPAIR OR CORRECTIONS CAUSED BY USE OF THE SITE.

9. Limitation of Liability

You expressly understand and agree that MovieMission (including but not limited to any subsidiaries or affiliates) will not be liable for any direct, indirect, incidental special, punitive, exemplary, or consequential damages that may result from your use of or your inability to use, the MovieMission Site. You specifically acknowledge and agree that MovieMission is not liable for any defamatory, offensive or illegal conduct of any third party or any Third Party Site.

10. Indemnification

You agree to indemnify, defend and hold harmless MovieMission (including but not limited to any subsidiaries or affiliates) from and against any claims or demands, damages, liabilities, costs, charges and expenses, including reasonable attorney's fees, that MovieMission may incur as result of your use of the MovieMission Site, your violation of these terms and conditions, your violation of the rights of any third party or entity, or in any way relating to your conduct and/or use of the MovieMission Site.

11. Linking to the MovieMission Site

No link to the MovieMission Site may be framed to indicate, either expressly or by implication, any sponsorship, advertising, endorsement or affiliation with any third party's products or services. Any links to the MovieMission Site must be to the homepage. Deep linking within the MovieMission Site is expressly prohibited.

12. Governing Law/Dispute Resolution

These terms and conditions are governed by the laws of the State of Ohio. You agree that any disputes relating to these terms and conditions or the use or content of the MovieMission Site will be resolved by arbitration brought in Cleveland, Ohio, and conducted pursuant to the Dispute Resolution Rules of the American Arbitration Association. The decision rendered by the arbitrator shall be final, binding and conclusive, and judgment may be entered upon such decision by any court.

13. Severability

If any portion of these terms and conditions is held to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of the terms and conditions, which will remain in full force and effect.

14. Entire Agreement

These terms and conditions constitute the entire agreement between MovieMission and the users and viewers of the MovieMission Site. The terms and conditions do not constitute a partnership, joint venture, or other relationship other than as expressly stated herein. No prior agreements, discussions or understandings, whether or oral or written, including, without limitation, past versions of these terms and conditions, will be binding on MovieMission.

15. Agreement Modification

MovieMission reserves the right, at its sole discretion, to modify, add or remove any portion or portions of these terms and conditions, in whole or in part, at any time. You acknowledge and agree that it is entirely your responsibility to review these terms and conditions from time to time to become aware of such changes.

©MovieMission All rights reserved.

 


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