Terms of Use

Last updated on “June 1st, 2017”

Introduction (Accptance of Terms)

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

For purposes of these Terms of Use, whenever you see the words “We”, “Us” or “Our” on this page, they refer to MotionPictureSpace.com and our Apps (hereinafter the “Services”); Motion Picture Space International, LLC, the owner of the Services, and our Subsidiaries. For purposes of these Terms of Use, unless otherwise noted, all references to Motion Picture Space International, LLC, include MotionPictureSpace.com and our apps.

Please read these Terms of Use carefully before you subscribe to use the Services. By using the Services, you accept and agree to be bound and abide by the terms of these Terms of Use, our Privacy Policy, Refund Policy, Anti-Spam Policy and Unsolicited Ideas Submission Policy (“Our Policies”), hereby incorporated by reference. If you don’t want to agree to or be bound by the terms of these Terms of Use or Our Policies, please do not use the Services. This Terms of Use, along with our Privacy Policy, Refund Policy, Anti-Spam Policy and Unsolicited Ideas Submission Policy, govern your use of the Services, whether as a registered user or a guest.

Binding Effect

This is a binding agreement. By using the Services, you agree to abide by these Terms of Use, as they may be amended by us from time to time in our sole discretion. We will post a notice on the Services any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately cease all use of the Services. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Changes to Terms of Use

We, at our sole discretion, may from time to time make changes to these Terms of Use without notice to you. We advise you to check this page from time to time for any changes. By your continued use of the Services, you consent to the changes made to these Terms of Use.

Privacy Policy

We respect your privacy and your personal information. A complete statement of our current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

 

Description of the Services

The Services consist of a platform that helps individuals and companies market themselves, their services, and their products to the motion picture industry.

In order to use the Services, you must have or obtain access to hardware and software (i.e. a computer, internet access, and an internet browser). You are solely responsible to obtain such hardware and software. Your subscription fee is solely for the Services and does not include access to such hardware or software.

Software License

We may make certain software available to you for and through the Services. If you download software from or through the Services, the Software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by us, for your personal, noncommercial, home use only.

We do not transfer either the title or the intellectual property rights to the Software, and we retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by us or our licensors and you may not copy or use them in any manner.

Account Access & Security

When you are required to open an account to use or access the Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your username and password. You may not use the account, username, or password of someone else.

You agree to notify us immediately on any unauthorized use of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

We reserve the right to terminate or temporarily disable your access to the Services or any portion thereof. We will not be liable for any claims arising from your inability to use the Services, whether permanently or for a brief time.

In order to access the Services, you will be asked to provide registration details like your name, email address, and other information. It is a condition of your use of the Services that all the information you provide is accurate, current, and complete. If you subscribe to the Services, you will also be asked for your billing and payment information.

You are solely responsible to:

  • Comply with these Terms of Use
  • Ensure that anyone you allow to access the Services, including minors or children, are aware of these Terms of Use, and comply with them.
  • Treat your username and password as confidential and not disclose it to anyone.
  • Immediately notify us of any unauthorized use or misuse of your username and password, or any other security breach.
  • Exit your account every time you are finished accessing the Services, especially from a non-secure or public device. (You should be particularly cautious when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.)

Payment

Your use of the Services is contingent on your paying in advance, each month for such use, equal to the price of the plan you selected or any changes to such price thereafter. Your payment for the Services shall be deemed complete upon our receipt of the full amount of the price for the plan you selected in our bank account. We reserve the right to change the price for your plan at any time with prior notice to you.

We will charge your payment method immediately upon your subscription and on or about the same day each month thereafter unless you terminate your subscription. You will see the charge on your bank or credit card statement on your bank account within 2 to 48 hours of our processing your payment. By using the Services, you agree to pay and not to dispute the charges to your payment method. If your bank or credit card issuer rejects or fails to make the payment, you agree to immediately make full payment of all amounts due with an alternative method upon our request.

If you fail to make payment upon our request, we reserve the right to suspend or terminate your account without notice to you. We cannot be held liable for interruption, suspension, or termination of your account and the Services because of your bank or credit card issuer’s actions or failure to pay. You are responsible to pay for use of the Services through your subscription account, whether or not you authorized such use.

Your bank or credit card statement will show your payment made to Motion Picture Space International, LLC, the provider of the Services.

Prohibited Uses

You shall not make the following types of Content available through the Services. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:

  • is libelous, defamatory, obscene, pornographic, abusive, or threatening;
  • advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
  • advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Services, and, if applicable, to delete any such material from its servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use, our Policies, or of any applicable laws.

We also impose certain restrictions on your permissible use of the Services. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation:

  • accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
  • attempting to probe, scan, or test the vulnerability of the Service or any associated system or network, or to breach security or authentication measures without proper authorization;
  • interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
  • using the Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
  • forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or
  • attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Services. Any violation of system or network security may subject you to civil and/or criminal liability.

User-Generated Content

You grant us a license to use the materials you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Services, you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the User Content in connection with the operation of our business, as well as our affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting the User Content on the Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

Right to Disclose Information

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose your identity or the information you submit via the Services.

YOU WAIVE AND HOLD US HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN DURING, AS A RESULT OF, OR AS A CONSEQUENCE OF ANY INVESTIGATION BY EITHER US, LAW ENFORCEMENT, OR OTHER AUTHORITIES.

Intellectual Property

The Motion Picture Space and Services names, logos and all related names, logos, product and service names, designs and slogans (collectively the Intellectual Property) are trademarks of Motion Picture Space International, LLC, or its licensors. You are not permitted to use the Intellectual Property without our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks / service marks of their respective owners.

This Website, the Apps, all of the text, images, and content (including text, images, video, audio, and graphics) within this Website and Apps, any features, functionality, software, and layout are owned by Motion Picture Space International, LLC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All the contents of the Services are: Copyright © 2017 Motion Picture Space International, LLC. All rights reserved.

When accessing the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Copyright Infringement

We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Services. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on our rights or the rights of a third party, or otherwise violated any intellectual property laws or regulations.

Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you don’t need to have an account with us to report such violation but you must provide us with all of the following information:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:

Name
Company Name
Address
Phone Number
Email Address

Third Party Websites and Resources

The Services contain links to other websites and resources provided by third parties, which are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents, privacy practices, or the operation of those websites or resources. We accept no responsibility for these third parties or for any loss or damage that may arise from your use of their website, products, or services. If you decide to access any of the third party websites or resources linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of such websites or resources.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS USER AGREEMENT.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, WEBSITE AND APPS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation on Liability

IN NO EVENT WILL WE OR OUR AFFILIATES OR LICENSORS, VENDORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THIS WEBSITE, THE APPS, THE SERVICES, ANY PRODUCTS YOU PURCHASE THROUGH THE SERVICES, ANY LINKED THIRD PARTY SERVICES, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR THROUGH LINKED THIRD PARTY SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, OTHER TECHNOLOGICALLY HARMFUL MATERIAL, OR A DISTRIBUTED DENIAL OF SERVICE ATTACK (DDoS), THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR HARDWARE, SOFTWARE, MOBILE DEVICES, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR MATERIALS DOWNLOADED FROM THE SERVICES, OR ON ANY THIRD PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO THE SERVICES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS USER AGREEMENT.

California Use Only

The Services are controlled and operated by our management company in the State of California. We make no representation that any of the materials or the Services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Services should not be construed as our purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than California.

Indemnification

You agree to defend, indemnify and hold harmless, us and our officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use, Our Policies or your use of the Services, including, without limitation, any use of the content, services, or products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

Force Majeure

We shall not be liable for any failure of or delay in the Services, when such failure or delay is caused by elements of nature or acts of God, including but not limited to fire, flood, earthquake, acts of war, insurrection, terrorism, failure, downtime or unavailability of any service we rely upon, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond our reasonable control.

Right to Terminate

We reserve the right to terminate your access to any portion or the entire Services for any or no reason, including your violation of these Terms of Use or Our Policies.

 

Termination by Us

We may suspend or terminate your account or use of the Services at any time, with or without notice to you, if you violate these Terms of Use or any of our Policies. If we suspend or terminate your account due to such violation, you WILL NOT be entitled to any refunds. We reserve the right to recover for any damages caused by such violation of these Terms of Use or any of our Policies. Your responsibility to pay any outstanding balance will continue even after such suspension or termination.

To ensure that we provide a high quality experience for you and for other users of the Services, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Services. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the Services immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of these Terms of Use or Policies, furnished us with false or misleading information, or interfered with use of the Services by others.

Termination by You

You may terminate your subscription at any time with or without reason. Please review our Refund Policy to learn more about refunds on any prepayments you may have made.

Modification

We may, in our sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Services; and (c) discontinue the Services at any time. We will post any revision to these Terms of Use to the Services, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Services periodically to be aware of any revisions. You agree that, by continuing to use or access the Services following notice of any revision, you shall abide by any such revision.

We may make changes to the functionality, delivery method, availability, or equipment needed to access the Services from time to time, with or without notice to you. However, we do not make any guarantees that the material or content found on the Services will always be up-to-date. We reserve the right to maintain outdated information, terminate access to the Services, or cease operations indefinitely.

Waiver

Our failure to strictly enforce any provision of these Terms of Use shall in no event be considered a waiver of that provision or any part thereof. No waiver of ours of any breach or default by you shall operate as a waiver of any other breach or default by you. No waiver shall have any effect unless it is specific, irrevocable, and in writing.

 

 

Severability

These Terms of Use will be enforced to the fullest extent permitted by applicable law. If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason, by a court of competent jurisdiction, then such provision (a) will be interpreted, construed, or reformed to the extent reasonably required to render the same valid, enforceable, and consistent with the original intent underlying such provision; (b) such provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) such invalidity or unenforceability will not affect any other provision of these Terms of Use.

Choice of Law

These Terms of Use shall be governed in all respects by the laws of the State of California, United States, without regard to conflict of law provisions. You hereby agree that any claim or dispute you may have against us must be resolved by a state or federal court located in Los Angeles County, California. 

However, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country, state, and county of residence or any other relevant country, state, and county. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.

Section Headings

The section headings contained herein are for reference purposes only and shall not affect the meaning or interpretation of these Terms of Use.

Entire Agreement

These Terms of Use and our Privacy Policy, Refund Policy, Anti-Spam Policy, and Unsolicited Ideas Submission Policy constitute the entire agreement between you and us, with respect to the Services and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, whether made orally or in writing.

Contact Information

We welcome your questions or comments regarding our Terms of Use. Please feel free to contact us at any time using the information below:

Motion Picture Space International, LLC

MotionPictureSpace.com
3773 Howard Hughes Parkway, Suite 500 South
Las Vegas, Nevada, 89169


Email: [email protected]

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.