You, as a user, agree to use the Services only for proper and lawful purposes. Specific prohibited activities include, but are not limited to: criminal or tortious activity, copyright infringement, attempting to circumvent, disable or otherwise interfere with security-related features of the Services, using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below), and collecting, harvesting, soliciting or posting personally identifiable information from other users.
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your access to the Services.
The Website contains video content, including, without limitation, movie trailers and film clips, that may contain adult language and themes. Before viewing any video content on the Website please first check the Motion Picture Association of America (MPAA) rating for the film from which the video content is taken in order to ensure that you are comfortable viewing such material. We do not warrant the accuracy, correctness, reliability, comprehensiveness, or currency of any rating provided by the MPAA.
With the exception of content that may be posted by users of the Services, all materials contained on the Services, including all content, and the software, graphics, text and look and feel of the Website, and all trademarks, copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by us, our subsidiaries or affiliated companies, our third party licensors, and/or our advertising partners. You may view the Proprietary Materials for your personal, non-commercial entertainment purposes but must not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any other way exploit any Proprietary Materials.
The Services may contain links or embed access to websites operated by third parties, including those through which you may make purchases. We do not monitor or control the external sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any disputes you may encounter with a third party service provider shall be settled solely between you and the service provider.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL CONTENT APPEARING ON THE WEBSITE IS PROVIDED "AS IS, AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL WE, OUR PARTNERS OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE WEBSITE OR ANY OF ITS CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES. YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS SHALL BE TO CEASE USING THE SERVICES.
Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Services nor shall any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties.
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
You agree to indemnify and hold Odin Domains, LLC, our subsidiaries, partners and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of (i) your use of the Services in violation of this Agreement, (ii) a breach of this Agreement including your representations and warranties set forth above and/or (iii) if your acts or omissions causes us to be liable to another.
We do not intend the Services to be used by minors under the age of 13. Furthermore, we do not market the Services for use by minors under the age of 13. If you are between the ages of 13 and 17, you must obtain your parent or legal guardian’s permission before making use of the Services.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement, including if you have any questions about material changes that may have been made to the terms of this Agreement.
Effective Date: June, 20 . 2017