Terms of Use

Terms of Use (Revised)

Date of Last Revision: July 7, 2009

Welcome to Ultimate Movie Site, a new brand of online destination, connecting passionate moviegoers worldwide. Please read these Terms of Use carefully as they contain important information about your legal rights, remedies and obligations. These include various limitations and exclusions, a dispute resolution clause that governs how disputes will be resolved, and other important legal notices.

Operation of Ultimate Movie Site

Ultimate Movie Site, LLC. and its corporate affiliates ("Ultimate Movie Site", "we", "us" or "Company") operate UltimateMovieSite.com. These Terms of Use apply to the services offered by Ultimate Movie Site, including any Ultimate Movie Site-branded URL (the "UMS Website" or "Website" or "Site"), and any related services such as instant messaging, mobile services, and any other features, content, or applications offered from time to time by Ultimate Movie Site in connection with the UMS Website (collectively, the "Ultimate Movie Site Services" or "Services"). The Ultimate Movie Site Services are hosted in the United States.

Your Agreement to Be Bound By These Terms of Use

By accessing or using our Site and/or Services, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Ultimate Movie Site.

If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Services or the Site.

Our Right to Modify The Terms of Use

It is your responsibility to regularly check the Site to see if there have been changes to these Terms of Use and to review any such changes.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. We will post any changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Services or the Site after any such changes constitutes your acceptance of the new Terms of Use.

Our Privacy Policy

You should review our Privacy Policy, which also governs your visit to the UMS Website and use of any Services, to understand our practices. By using the Site and/or the Services, you are consenting to have your personal data transferred to and processed in the United States.

Eligibility to Use the Site

The Site and Services are intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site and/or the Services by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Services or the Site, you represent and warrant that you are 13 years old or older, and that you agree to and to abide by all of the terms and conditions of this Agreement. Use of this Site and/or the Services is void where prohibited.

Minors 13 Years Old or Older

We recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone, including to us and/or to the Site, over the Internet. We also recommend that minors 13 years of age or older get their parents' permission before registering for the Site.

Registration Information and Security of Account

In consideration of your use of the Site and/or Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Information"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Information, and any other information you provide to us, so that it remains accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Proprietary Rights in Site Content; Limited License

All content on the Site and available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.
Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

If you are interested in obtaining permission to use Ultimate Movie Site content for your non-personal (including commercial) use, please contact our Licensing Department at licensing@ultimatemoviesite.com

Trademarks and Meta Tags

ULTIMATE MOVIE SITE (both the words and the logo), MUVILIKE, the UMS Old Fashioned Film Camera Character and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, tradenames, common law trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

You may not use any meta tags or any other "hidden text" utilizing Ultimate Movie Site's name or trademarks without the express written consent of Ultimate Movie Site. Any unauthorized use terminates the permission or license granted by Ultimate Movie Site.

Linking to Ultimate Movie Site

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the UMS Website, as long as the link does not portray Ultimate Movie Site or the UMS Website or the Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ultimate Movie Site logo or other proprietary graphic or trademark as part of the link without express written permission.

Third Party Sites

There are links to websites of third parties on the Site and/or through the Services. These sites are not under the Company's control, and the Company does not check them for accuracy or appropriateness or compliance with any law. The inclusion of such links on the Site or in the Services does not imply an endorsement by us. There may be inappropriate material on some such sites. When you view a third party website that you access through the Site or Services, you do so at your own risk. You acknowledge that we are not responsible for any aspect of any third party site. You also acknowledge that we are not liable for any damages or losses caused by any such site, or by your access to or purchase from any such site, even if you access the third party site through our Site or Services.

Conduct of Users

You understand that the Services and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on the Site or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, patent, trade secret or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

You agree not to:

impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your name, your age or your affiliation with any person or entity;
register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
harvest or collect email addresses or other contact information of other users from the Services or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use automated scripts to collect information from or otherwise interact with the Services or the Site;
use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
upload, post, transmit, share, store or otherwise make available any audio and/or videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken or made by you or your friends, or (iii) are original art, audio or animation created by you or your friends;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate, harass, or libel another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Services or the Site.
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

Posting User Content on the Site

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Services or the Site, or transmit to or share with other users (collectively the "User Content").

You may not post, transmit, or share User Content on the Site or Services that you did not create or that you do not have permission to post.

You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.

You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

When you post User Content to the Site, you authorize us to make copies thereof, as we deem necessary in order to post and store the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license, with the right to sublicense, to use, copy, publicly perform, publicly display, reformat, translate, excerpt in whole or in part, and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire. But you acknowledge that the Company may retain archived copies of your User Content. Ultimate Movie Site does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Disputes Between Users

You are solely responsible for your interactions with other users of the UMS Website and/or Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Ultimate Movie Site Mobile Services

The Services include certain services that are available via your mobile phone, including (i) the ability to upload content to the UMS Website via your mobile phone, (ii) the ability to receive and reply to UMS Website messages, and to write posts using text messaging, (iii) the ability to browse the UMS Website from your mobile phone, and/or (iv) the ability to access certain UMS Website features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Ultimate Movie Site and other entities, the UMS Website, and/or the Services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Ultimate Movie Site account information to ensure that your messages are not sent to the person that acquires your old number.

Copyright Complaints; Notification to Copyright Agent

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the UMS Website or Services any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent.

Copyright Agent
Ultimate Movie Site, LLC
Attn: Jeffrey Johnson
c/o Pryor Cashman LLP
7 Times Square
New York, NY 10036-6569
Email: copyrightagent@ultimatemoviesite.com
Fax: 212-798-6314

It is our policy to block access to or remove content that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any user or other content provider. If you believe that user-generated content or other material residing on or accessible through the Site infringes a copyright, please send a notice of copyright infringement to the Designated Agent. The notice of infringement should conform to the elements of notification provided in the DMCA, Section 512(c)(3), including: (i) contact information and the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; (ii) identification of the copyrighted work or material infringed; (iii) identification and location the of the content claimed to be infringing so that it may be found and verified; (iv) a statement that the complaining party has a good faith belief that the use of the content in the manner complained of is not authorized; and (v) a statement, made under penalty of perjury, that all information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the copyright claimed to be infringed.

Once the Designated Agent receives proper infringement notification, Ultimate Movie Site will remove or disable access to the claimed infringing user-generated content or other material; notify the accused infringing party that it has removed or disabled access to the user-generated content or other material; and determine appropriate measures to prevent recurrence by the accused infringing party.

The DMCA requires a service provider to give prompt notification to the accused infringing party of the copyright claim and that the accused user-generated content or other material has been removed or access to it has been disabled. (DMCA, Section 512(g)). The accused infringing party may then issue a counter notification in the form provided in the DMCA, Section 512(g)(3). If so, Ultimate Movie Site will follow the procedures and requirements of the DMCA that call for notification to the complaining party and timely restoration of the user-generated content or other material alleged to be infringing.

Repeat Infringers

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Sites and Content

The Site contains (or you may be sent through the Site or the Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content").

Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us.

If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Disclaimers

The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Services, whether posted or caused by users of the Site, by Ultimate Movie Site, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Services. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Services.

The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Services, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Services or transmitted to Users, or any interactions between users of the Site, whether online or offline.

THE SITE, THE SERVICES (INCLUDING THE MOBILE SERVICES, ANY APPLICATIONS ON THE SITE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICES OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICES, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability

IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Right of Company to Terminate

The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Services or the Site or any portion thereof, for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Services, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

Arbitration

YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Site or Services may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Services (including your visit to or use of the Site and/or the Services) be instituted more than one (1) years after the cause of action arose.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Services), your use of the Services or the Site, your conduct in connection with the Services or the Site or with other users of the Services or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Your Submissions to Us

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services ("Submissions"), provided by you to Ultimate Movie Site are non-confidential and shall become the sole property of Ultimate Movie Site. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Games and Competitions

Ultimate Movie Site may make games and/or competitions of various types, available from time-to-time on the Site. Any such games are provided for entertainment purposes only. Ultimate Movie Site may terminate or modify any such game and/or competition in its sole discretion, at any time and for any reason, with or without notice. Ultimate Movie Site is not obligated to award points, bonuses, prizes or anything else to anyone who plays the game or competition, for any reason at any time. By playing such a game or competition, you thereby give Ultimate Movie Site permission to post on the Site information relating to you, including but not limited to your username, point total and/or score and/or other result, the date and/or time played, and additionally any further information that you have indicated may be publicly revealed on the Site.

Sweepstakes

Ultimate Movie Site and/or third parties may make contests, promotions and/or sweepstakes available on the Website. By entering any contest, promotion and/or sweepstakes, you agree that your participation is governed by any Official Rules for the contest, promotion and/or sweepstakes. Such Rules will be posted and made available to you for review before you enter the contest, promotion and/or sweepstakes.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

Entire Agreement; Severability

These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Services, superseding any prior agreements between you and Company relating to your use of the Site or the Services. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Contact Information Regarding Legal Matters

If you have questions about this Terms of Use, you may contact us at: legal@ultimatemoviesite.com. Or, you may contact us by mail at:

Ultimate Movie Site, LLC
Attn: Jeffrey Johnson
c/o Pryor Cashman LLP
7 Times Square
New York, NY 10036-6569